Initial Statement of Beneficial Ownership (3)
21 März 2022 - 9:13PM
Edgar (US Regulatory)
FORM 3
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UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
INITIAL STATEMENT OF BENEFICIAL OWNERSHIP OF SECURITIES
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OMB APPROVAL
OMB Number:
3235-0104
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Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934 or Section 30(h) of the Investment Company Act of 1940
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1. Name and Address of Reporting Person
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Eagle Point Credit Management LLC |
2. Date of Event Requiring Statement (MM/DD/YYYY)
3/9/2022
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3. Issuer Name and Ticker or Trading Symbol
ACRES Commercial Realty Corp. [ACR]
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(Last)
(First)
(Middle)
600 STEAMBOAT ROAD, SUITE 202 |
4. Relationship of Reporting Person(s) to Issuer (Check all applicable)
_____ Director ___X___ 10% Owner
_____ Officer (give title below) _____ Other (specify below)
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(Street)
GREENWICH, CT 06830
(City)
(State)
(Zip)
| 5. If Amendment, Date Original Filed(MM/DD/YYYY)
| 6. Individual or Joint/Group Filing(Check Applicable Line)
___ Form filed by One Reporting Person
_X_ Form filed by More than One Reporting Person
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Table I - Non-Derivative Securities Beneficially Owned
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1.Title of Security
(Instr. 4) | 2. Amount of Securities Beneficially Owned
(Instr. 4) | 3. Ownership Form: Direct (D) or Indirect (I)
(Instr. 5) | 4. Nature of Indirect Beneficial Ownership
(Instr. 5) |
| Common Stock, $0.001 par value | 939282 | I | See footnotes (1)(2)(3) |
| 8.625% Series C Preferred Stock | 433562 | I | See footnotes (1)(2)(3) |
| 7.875% Series D Preferred Stock | 962064 | I | See footnotes (1)(2)(3) |
Table II - Derivative Securities Beneficially Owned (e.g., puts, calls, warrants, options, convertible securities)
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1. Title of Derivate Security
(Instr. 4) | 2. Date Exercisable and Expiration Date
(MM/DD/YYYY) | 3. Title and Amount of Securities Underlying Derivative Security
(Instr. 4) | 4. Conversion or Exercise Price of Derivative Security | 5. Ownership Form of Derivative Security: Direct (D) or Indirect (I)
(Instr. 5) | 6. Nature of Indirect Beneficial Ownership
(Instr. 5) |
| Date Exercisable | Expiration Date | Title | Amount or Number of Shares |
| Explanation of Responses: |
| (1) | 1. The shares are directly held by certain private investment funds and/or certain accounts (the "Applicable Accounts") managed by Eagle Point Credit Management LLC ("EPCM") and in which EPCM may be deemed to have an "indirect pecuniary interest" within the meaning of Rule 16a-1(a)(2)(ii) under the Securities Exchange Act of 1934 (the "Exchange Act"). |
| (2) | 2. Eagle Point DIF GP I LLC serves as general partner to certain Applicable Accounts that hold the Common Stock reported herein. Accordingly, it may also be deemed to have an "indirect pecuniary interest" in securities held by such Applicable Accounts. |
| (3) | 3. Each of the Reporting Persons hereby disclaims beneficial ownership of the securities described in this report pursuant to Rule 16a-1(a)(4) under the Exchange Act and the inclusion of these securities in this report shall not be deemed an admission of beneficial ownership of any of the reported securities for purposes of Section 16 or for any other purpose. |
Reporting Owners
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| Reporting Owner Name / Address | Relationships |
| Director | 10% Owner | Officer | Other |
Eagle Point Credit Management LLC
600 STEAMBOAT ROAD, SUITE 202
GREENWICH, CT 06830 |
| X |
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Eagle Point DIF GP I LLC
600 STEAMBOAT ROAD, SUITE 202
GREENWICH, CT 06830 |
| X |
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Signatures
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| s/ Kenneth Onorio, Chief Financial Officer of each of Eagle Point Credit Management LLC and Eagle Point DIF GP I LLC | | 3/21/2022 |
| **Signature of Reporting Person | Date |
| Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. |
| * | If the form is filed by more than one reporting person, see Instruction 5(b)(v). |
| ** | Intentional misstatements or omissions of facts constitute Federal Criminal Violations. See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). |
| Note: | File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure. |
| Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number. |
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