Sec Form 13D Filing - Saba Capital Management L.P. filing for TORTOISE ENERGY INDEPENDENCE (NDP) - 2023-12-11

Insider filing report for Changes in Beneficial Ownership

  • Schedule 13G & 13D forms are used to report a party's ownership of stock which exceeds 5% of a company's total stock issue.
  • Schedule 13G is a shorter version of Schedule 13D with fewer reporting requirements.
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UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

SCHEDULE 13D/A

Under the Securities Exchange Act of 1934

(Amendment No. 6)*

Tortoise Energy Independence Fund, Inc

(Name of Issuer)

Common Shares, $0.001 par value

(Title of Class of Securities)

89148K200

(CUSIP Number)

Saba Capital Management, L.P.

405 Lexington Avenue

58th Floor

New York, NY 10174

Attention: Michael D'Angelo

(212) 542-4635

(Name, Address and Telephone Number of Person

Authorized to Receive Notices and Communications)

December 5, 2023

(Date of Event Which Requires Filing of This Statement)

If the filing person has previously filed a statement on Schedule 13G to report the acquisition that is the subject of this Schedule 13D, and is filing this schedule because of Rule 13d-1(e), Rule 13d-1(f) or Rule 13d-1(g), check the following box. [X]

(Page 1 of 6 Pages)

______________________________

* The remainder of this cover page shall be filled out for a reporting person's initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter disclosures provided in a prior cover page.

The information required on the remainder of this cover page shall not be deemed to be "filed" for the purpose of Section 18 of the Securities Exchange Act of 1934 ("Act") or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes).



1

NAME OF REPORTING PERSON

Saba Capital Management, L.P.

2

CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP

(a) ☐

(b) ☐

3

SEC USE ONLY

4

SOURCE OF FUNDS

OO (see Item 3)

5

CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDING IS REQUIRED PURSUANT TO ITEMS 2(d) or 2(e)

6

CITIZENSHIP OR PLACE OF ORGANIZATION

Delaware

NUMBER OF
SHARES
BENEFICIALLY
OWNED BY
EACH
REPORTING
PERSON WITH:

7

SOLE VOTING POWER

-0-

8

SHARED VOTING POWER

133,996

9

SOLE DISPOSITIVE POWER

-0-

10

SHARED DISPOSITIVE POWER

133,996

11

AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH PERSON

133,996

12

CHECK IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES

13

PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)

8.04%

14

TYPE OF REPORTING PERSON

PN; IA

       
The percentages used herein are calculated based upon 1,666,300 shares of common stock outstanding as of 11/7/23, as disclosed in the company's SC TO-I/A filed 11/7/23

1

NAME OF REPORTING PERSON

Boaz R. Weinstein

2

CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP

(a) ☐

(b) ☐

3

SEC USE ONLY

4

SOURCE OF FUNDS

OO (see Item 3)

5

CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDING IS REQUIRED PURSUANT TO ITEMS 2(d) or 2(e)

6

CITIZENSHIP OR PLACE OF ORGANIZATION

United States

NUMBER OF
SHARES
BENEFICIALLY
OWNED BY
EACH
REPORTING
PERSON WITH:

7

SOLE VOTING POWER

-0-

8

SHARED VOTING POWER

133,996

9

SOLE DISPOSITIVE POWER

-0-

10

SHARED DISPOSITIVE POWER

133,996

11

AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH PERSON

133,996

12

CHECK IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES

13

PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)

8.04%

14

TYPE OF REPORTING PERSON

IN

       
The percentages used herein are calculated based upon 1,666,300 shares of common stock outstanding as of 11/7/23, as disclosed in the company's SC TO-I/A filed 11/7/23

1

NAME OF REPORTING PERSON

Saba Capital Management GP, LLC

2

CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP

(a) ☐

(b) ☐

3

SEC USE ONLY

4

SOURCE OF FUNDS

OO (see Item 3)

5

CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDING IS REQUIRED PURSUANT TO ITEMS 2(d) or 2(e)

6

CITIZENSHIP OR PLACE OF ORGANIZATION

Delaware

NUMBER OF
SHARES
BENEFICIALLY
OWNED BY
EACH
REPORTING
PERSON WITH:

7

SOLE VOTING POWER

-0-

8

SHARED VOTING POWER

133,996

9

SOLE DISPOSITIVE POWER

-0-

10

SHARED DISPOSITIVE POWER

133,996

11

AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH PERSON

133,996

12

CHECK IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES

13

PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)

8.04%

14

TYPE OF REPORTING PERSON

OO

       
The percentages used herein are calculated based upon 1,666,300 shares of common stock outstanding as of 11/7/23, as disclosed in the company's SC TO-I/A filed 11/7/23

Item 1.

SECURITY AND ISSUER

 

 

 

This Amendment No. 6 amends and supplements the statement on Schedule 13D filed with the SEC on 1/10/22, as amended by Amendment No. 1 filed 2/14/22, Amendment No 2. filed 7/1/22, Amendment No. 3 filed 3/20/23, Amendment No. 4 filed 6/30/23, and Amendment No. 5 filed 11/13/23; with respect to the common shares of Tortoise Energy Independence Fund, Inc.  This Amendment No. 6 amends Item 4 as set forth below.


Item 4.

PURPOSE OF TRANSACTION

   

 

Item 4 is hereby amended and supplemented as follows:

Previously, on June 29, 2023, Saba Capital Master Fund, Ltd. and Saba Capital Management, L.P. (the "Saba Parties"), filed the Complaint in the United States District Court's Southern District of New York (the "Court") against the Issuer, among others, seeking to invalidate as unlawful under the Investment Company Act of 1940, provisions in the Issuer's (and others) governing documents purporting to strip voting rights with respect to a shareholder's acquisition of shares constituting as little as 10% of the Issuer's voting power (the "Vote Stripping Provisions").

On December 5, the Court granted summary judgement to the Saba Parties and declared the Vote Stripping Provisions to be in violation of the Section 18(i) of the Investment Company Act and ordered rescission of the Vote Stripping Provisions.



SIGNATURES

After reasonable inquiry and to the best of his or its knowledge and belief, each of the undersigned certifies that the information set forth in this statement is true, complete and correct.

Date:  December 11, 2023

  SABA CAPITAL MANAGEMENT, L.P.
By:  /s/ Michael D'Angelo
  Name: Michael D'Angelo
Title: Chief Compliance Officer
   
   
  SABA CAPITAL MANAGEMENT GP, LLC
By:  /s/ Michael D'Angelo
Name: Michael D'Angelo
Title: Authorized Signatory
   
   
  BOAZ R. WEINSTEIN
By:  /s/ Michael D'Angelo
  Name: Michael D'Angelo
  Title: Attorney-in-fact*
 
* Pursuant to a power of attorney dated as of November 16, 2015, which is incorporated herein by reference to Exhibit 2 to the Schedule 13G filed by the Reporting Persons on December 28, 2015, accession number: 0001062993-15-006823