Form SC 13G UNISYS CORP Filed by: INTEGRATED CORE STRATEGIES (US) LLC

StreetInsider

Form SC 13G UNISYS CORP Filed by: INTEGRATED CORE STRATEGIES (US) LLC

Categories

Log in to your account:

September 6, 2018 4:38 PM



SCHEDULE 13G










UNITED STATES 
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.
20549

SCHEDULE 13G
Under the Securities Exchange Act of
1934





UNISYS CORPORATION


 (Name of Issuer)






COMMON STOCK, PAR VALUE $0.01 PER SHARE



 (Title of Class of Securities)





909214306


 (CUSIP Number)





AUGUST 29, 2018


 (Date of event which requires filing of this statement)


Check the appropriate box to designate the rule
pursuant to which this Schedule is filed: 
     o Rule 13d-1(b) 
     þ Rule 13d-1(c) 
     o Rule 13d-1(d) 

* 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 the disclosures provided in a prior cover page.

The information required in 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).









  
  

    
  

     
     
     
     
     
     
     
     
     
     
     
  
    
      CUSIP
      No.
     
    
      909214306   
    
      SCHEDULE 13G
    Page
     
    
      2
     
    of 
     
    
      13





  
  

    
  

    1
    
       NAMES OF REPORTING PERSONS
       
 Integrated Core Strategies (US) LLC
  
    2
    
       CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP
       (a)   o 
       (b)   þ
  
    3
    
       SEC USE ONLY
  
    4
    
       CITIZENSHIP OR PLACE OF
      ORGANIZATION

 Delaware


  
  

    
  

    
      NUMBER OF
      SHARES
      BENEFICIALLY
      OWNED BY
      EACH
      REPORTING
      PERSON WITH
    5
    
       SOLE VOTING POWER

 -0-
  
    6
    
       SHARED VOTING POWER

 1,476,295 
  
    7
    
       SOLE DISPOSITIVE POWER

 -0- 
  
    8
    
       SHARED DISPOSITIVE
  POWER

 1,476,295


  
  

    
  

    9
    
       AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING
      PERSON

 1,476,295
  
    10
     CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN
      SHARES

 o
      
  
    11
    
       PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW
      (9)

 2.9% 
  
    12
    TYPE OF REPORTING PERSON

 OO
      








  
  

    
  

     
     
     
     
     
     
     
     
     
     
     
  
    
      CUSIP
      No.
     
    
      909214306   
    
      SCHEDULE 13G
    Page
     
    
      3
     
    of 
     
    
      13






  

    


  
  

    
  

    1
    
       NAMES OF REPORTING PERSONS
       
 Integrated Assets II LLC
  
    2
    
       CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP
       (a)   o 
       (b)   þ
  
    3
    
       SEC USE ONLY
  
    4
    
       CITIZENSHIP OR PLACE OF
      ORGANIZATION

 Delaware




  
  

    
  

    
      NUMBER OF
      SHARES
      BENEFICIALLY
      OWNED BY
      EACH
      REPORTING
      PERSON WITH
    5
    
       SOLE VOTING POWER

 -0-
  
    6
    
       SHARED VOTING POWER

 251,859 
  
    7
    
       SOLE DISPOSITIVE POWER

 -0- 
  
    8
    
       SHARED DISPOSITIVE POWER

 251,859 


  
  

    
  

    9
    
       AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING
      PERSON

 251,859 
  
    10
     CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN
      SHARES

 o
      
  
    11
    
       PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW
      (9)

 0.5% 
  
    12
    TYPE OF REPORTING PERSON

 OO
	







  
  

    
  

     
     
     
     
     
     
     
     
     
     
     
  
    
      CUSIP
      No.
     
    
      909214306   
    
      SCHEDULE 13G
    Page
     
    
      4
     
    of 
     
    
      13






  

    


  
  

    
  

    1
    
       NAMES OF REPORTING PERSONS
       
 Millennium Management LLC
  
    2
    
       CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP
       (a)   o 
       (b)   þ
  
    3
    
       SEC USE ONLY
  
    4
    
       CITIZENSHIP OR PLACE OF
      ORGANIZATION

 Delaware




  
  

    
  

    
      NUMBER OF
      SHARES
      BENEFICIALLY
      OWNED BY
      EACH
      REPORTING
      PERSON WITH
    5
    
       SOLE VOTING POWER

 -0-
  
    6
    
       SHARED VOTING POWER

 1,728,154 
  
    7
    
       SOLE DISPOSITIVE POWER

 -0- 
  
    8
    
       SHARED DISPOSITIVE POWER

 1,728,154 


  
  

    
  

    9
    
       AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING
      PERSON

 1,728,154 
  
    10
     CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN
      SHARES

 o
      
  
    11
    
       PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW
      (9)

 3.4% 
  
    12
    TYPE OF REPORTING PERSON

 OO
	







  
  

    
  

     
     
     
     
     
     
     
     
     
     
     
  
    
      CUSIP
      No.
     
    
      909214306   
    
      SCHEDULE 13G
    Page
     
    
      5
     
    of 
     
    
      13






  

    


  
  

    
  

    1
    
       NAMES OF REPORTING PERSONS
       
 Millennium Group Management LLC
  
    2
    
       CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP
       (a)   o 
       (b)   þ
  
    3
    
       SEC USE ONLY
  
    4
    
       CITIZENSHIP OR PLACE OF
      ORGANIZATION

 Delaware




  
  

    
  

    
      NUMBER OF
      SHARES
      BENEFICIALLY
      OWNED BY
      EACH
      REPORTING
      PERSON WITH
    5
    
       SOLE VOTING POWER

 -0-
  
    6
    
       SHARED VOTING POWER

 1,728,154 
  
    7
    
       SOLE DISPOSITIVE POWER

 -0- 
  
    8
    
       SHARED DISPOSITIVE POWER

 1,728,154 


  
  

    
  

    9
    
       AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING
      PERSON

 1,728,154 
  
    10
     CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN
      SHARES

 o
      
  
    11
    
       PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW
      (9)

 3.4% 
  
    12
    TYPE OF REPORTING PERSON

 OO











  
  

    
  

     
     
     
     
     
     
     
     
     
     
     
  
    
      CUSIP
      No.
     
    
      909214306   
    
      SCHEDULE 13G
    Page
     
    
      6
     
    of 
     
    
      13

  

    



  
  

    
  

    1
    
       NAMES OF REPORTING PERSONS
       
 Israel A. Englander
  
    2
    
       CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP
       (a)   o 
       (b)   þ
  
    3
    
       SEC USE ONLY
  
    4
    
       CITIZENSHIP OR PLACE OF ORGANIZATION

 United
      States


  
  

    
  

    
      NUMBER OF
      SHARES
      BENEFICIALLY
      OWNED BY
      EACH
      REPORTING
      PERSON WITH
    5
    
       SOLE VOTING POWER

 -0-
  
    6
    
       SHARED VOTING POWER

 1,728,154 
  
    7
    
       SOLE DISPOSITIVE POWER

 -0- 
  
    8
    
       SHARED DISPOSITIVE POWER

 1,728,154 


  
  

    
  

    9
    
       AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING
      PERSON

 1,728,154
  
    10
    
       CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN
      SHARES

 o
      

      
  
    11
    
       PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW
      (9)

 3.4%
  
    12
    
       TYPE OF REPORTING
  PERSON

 IN










  
  

    
  

     
     
     
     
     
     
     
     
     
     
     
  
    
      CUSIP
      No.
     
    
      909214306   
    
       SCHEDULE 13G
    Page
     
    
      7
     
    of 
     
    
      13 







  
  

    

  
  

    
  

    Item 1.
     
     
  
    
       
    (a)
    Name of
      Issuer:
  
    
       
     
     
  
    
       
      
     
    Unisys Corporation, a Delaware corporation (the "Issuer").

  
    
       
     
     
  
    
       
    (b)
    Address of Issuer’s Principal
      Executive Offices:
  
    
       
     
     
  
    
       
      
     
    
      
      801 Lakeview Drive, Suite 100
Blue Bell, Pennsylvania 19422




  
     
     
     
  
    
      Item 2.
    (a)
    Name of Person
      Filing:
  
    
       
    (b)
    Address of Principal Business
      Office:
  
    
       
    (c)
    Citizenship:
  
     
     
     
  
    
       
      
     
    Integrated Core Strategies (US) LLC
c/o Millennium Management LLC
666 Fifth Avenue
New York, New York
      10103
Citizenship: Delaware
  
    
       
     
     
  
    
       
      
     
    Integrated Assets II LLC
c/o Millennium Management LLC
666 Fifth Avenue
New York, New York 10103

	Citizenship: Delaware

	
    
       
     
     
  
    
       
      
     
    Millennium Management LLC

	666 Fifth Avenue

	New York, New York 10103

	Citizenship: Delaware

  
    
       
     
     
  
    
       
      
     
    Millennium Group Management LLC
666 Fifth Avenue 
New York, New York 10103 
Citizenship:
      Delaware
  
    
       
     
     
  
    
       
      
     
    Israel A. Englander 
c/o
      Millennium Management LLC
666 Fifth Avenue
New York, New York
      10103
Citizenship: United States
  
    
       
     
     
  
     
    (d)
    Title of Class of
      Securities:
  
    
    
    
  
    
    
    common stock, par value $0.01 per share ("Common Stock")
  



    
       
      
    
    
  
     
    (e)
    CUSIP Number: 
  
     
     
     
  
     
     
    909214306
 







  
  

    
  

     
     
     
     
     
     
     
     
     
     
     
  
    
      CUSIP
      No.
     
    
      909214306   
    
      SCHEDULE 13G
    Page
     
    
      8
     
    of 
     
    
      13



 Item 3.  If this statement is filed pursuant to Rule 13d-1(b), or 13d-2(b), check whether the person filing is
      a:


  
  

    

  

    
       
      
     
    (a) 
     
    o 
     
    Broker or dealer
      registered under section 15 of the Act (15 U.S.C. 78o);
  
     
     
     
     
     
     
     
  
    
       
      
     
    (b) 
     
    o 
     
    Bank as defined in
      section 3(a)(6) of the Act (15 U.S.C. 78c);
  
     
     
     
     
     
     
     
  
    
       
      
     
    (c) 
     
    o 
     
    Insurance company as
      defined in section 3(a)(19) of the Act (15 U.S.C. 78c);
  
     
     
     
     
     
     
     
  
    
       
      
     
    (d) 
     
    o 
     
    Investment company
      registered under section 8 of the Investment Company Act of 1940 (15
      U.S.C. 80a-8);
  
     
     
     
     
     
     
     
  
    
       
      
     
    (e) 
     
    o 
     
    An investment adviser
      in accordance with
§240.13d-1(b)(1)(ii)(E);

  
  

    
  

     
     
     
     
     
     
     
  
    
       
      
     
    (f) 
     
    o  
     
    An employee benefit
      plan or endowment fund in accordance with
    §240.13d-1(b)(1)(ii)(F);





  
  

    
  

     
     
     
     
     
     
     
     
     
     
     
  
    
      CUSIP
      No.
     
    
      909214306  
    
       SCHEDULE 13G
    Page
     
    
      9
     
    of 
     
    
      13



  
  

    
  

     
     
     
     
     
     
     
  
    
       
      
     
    (g) 
     
    o 
     
    A parent holding
      company or control person in accordance with
      §240.13d-1(b)(1)(ii)(G);
  
  

    
  

     
     
     
     
     
     
     
  
    
       
      
     
    (h) 
     
    o 
     
    A savings association
      as defined in Section 3(b) of the Federal Deposit Insurance Act (12
      U.S.C. 1813);
  
     
     
     
     
     
     
     
  
    
       
      
     
    (i)
     
    o 
     
    A church plan that is
      excluded from the definition of an investment company under section
      3(c)(14) of the Investment Company Act of 1940 (15 U.S.C.
  80a-3);
  
     
     
     
     
     
     
     
  
    
       
      
     
    (j) 
     
    o 
     
    Group, in accordance
      with §240.13d-1(b)(1)(ii)(J).


  Item 4. Ownership

   Provide the following
information regarding the aggregate number and percentage of the class of
securities of the issuer identified in Item 1.
(a) Amount Beneficially Owned: 


   As of the close of business on August 29, 2018, the reporting persons and affiliates of the reporting persons beneficially owned an aggregate of 3,101,190 shares of the Issuer’s Common Stock or 6.1% of the Issuer’s Common Stock outstanding.


   Thereafter, as of the close of business on September 5, 2018, the reporting persons beneficially owned an aggregate of 1,728,154 shares of the Issuer’s Common Stock or 3.4% of the Issuer’s Common Stock outstanding.  Specifically, as of the close of business on September 5, 2018:


   i) Integrated Core Strategies (US) LLC, a Delaware limited liability company ("Integrated Core Strategies"), beneficially owned 1,476,295 shares of the Issuer’s Common Stock; and


   ii) Integrated Assets II LLC, a Delaware limited liability company ("Integrated Assets II"), beneficially owned 251,859 shares of the Issuer’s Common Stock, which collectively with the other foregoing reporting person represented 1,728,154 shares of the Issuer’s Common Stock.   


   Millennium Management LLC, a Delaware limited liability company ("Millennium Management"), is the general partner of the managing member of Integrated Core Strategies and Integrated Assets II and may be deemed to have shared voting control and investment discretion over securities owned by Integrated Core Strategies and Integrated Assets II.


   Millennium Group Management LLC, a Delaware limited liability company ("Millennium Group Management"), is the managing member of Millennium Management and may also be deemed to have shared voting control and investment discretion over securities owned by Integrated Core Strategies and Integrated Assets II.


   Israel A. Englander, a United States citizen ("Mr. Englander"), controls the managing member of Millennium Group Management and may also be deemed to have shared voting control and investment discretion over securities owned by Integrated Core Strategies and Integrated Assets II.


   The foregoing should not be construed in and of itself as an admission by Millennium Management, Millennium Group Management or Mr. Englander as to beneficial ownership of the securities owned by Integrated Core Strategies or Integrated Assets II, as the case may be.  



(b) Percent of Class:    

   As of the close of business on September 5, 2018, Millennium Management, Millennium Group Management and Mr. Englander may be deemed to have beneficially owned 1,728,154 shares of the Issuer’s Common Stock or 3.4% of the Issuer’s Common Stock outstanding (see Item 4(a) above), which percentage was calculated based on 51,013,181 shares of the Issuer’s Common Stock outstanding as of June 30, 2018, as per the Issuer’s Form 10-Q dated August 1, 2018.






  
  

    
  

     
     
     
     
     
     
     
     
     
     
     
  
    
      CUSIP
      No.
     
    
      909214306  
    
       SCHEDULE 13G
    Page
     
    
      10
     
    of 
     
    
      13

	 (c) Number of shares as to which such person
has:
(i) Sole power to vote or to direct the vote
     -0- 


(ii) Shared power to vote or to direct the vote 
     1,728,154
 (iii) Sole power to dispose or to direct the disposition of 
     -0-
  (iv) Shared power to dispose or to direct the disposition of 
     1,728,154

Item 5. Ownership of Five Percent or Less of a Class 
   If this statement is being filed to report the fact that as of the date hereof the reporting person has ceased to be the beneficial owner of more than five percent of the class of securities, check the following þ . 
Item 6. Ownership of More than Five Percent on Behalf of Another Person.

    Not applicable. 
Item 7. Identification and Classification of the Subsidiary Which Acquired
the Security Being Reported on By the Parent Holding Company. 
    Not applicable. 
Item 8. Identification and Classification of Members of the Group
    See Exhibit I. 
Item 9. Notice of Dissolution of Group
    Not applicable. 
Item 10. Certification 
   By signing below each of the undersigned certifies that, to the best of its knowledge and belief, the securities referred to above were not acquired and are not held for the purpose of or with the effect of changing or influencing the control of the issuer of the securities and were not acquired and are not held in
connection with or as a participant in any transaction having that purpose
or effect.













  
  

    
  

     
     
     
     
     
     
     
     
     
     
     
  
    
      CUSIP
      No.
     
    
      909214306   
    
      SCHEDULE 13G
    Page
     
    
      11
     
    of 
     
    
      13
Exhibits:
Exhibit I:  Joint Filing Agreement, dated as of September 5, 2018, by and among Integrated Core Strategies (US) LLC, Integrated Assets II LLC, Millennium Management LLC, Millennium Group Management LLC and Israel A. Englander.






  
  

    
  

     
     
     
     
     
     
     
     
     
     
     
  
    
      CUSIP
      No.
     
    
      909214306   
    
      SCHEDULE 13G
    Page
     
    
      12
     
    of 
     
    
      13
  
     
     
     
     
     
     
     
     
     
     
     
  
     
     
     
    
      SIGNATURE
     
     
     
     
     
     
     
After reasonable inquiry and to the best of its knowledge and belief, each of the undersigned certifies that the information with respect to it set forth in this statement is true, complete, and correct.



Dated: September 5, 2018

  
  
  
    
      
        
          
            
            
            

              
           

				

              
                INTEGRATED CORE STRATEGIES (US) LLC

By: Integrated Holding Group LP,
       its Managing Member

				
By: Millennium Management LLC,
       its General Partner


              By: /s/ Mark Meskin
                
                Name: Mark Meskin

                Title:  Chief Trading Officer
				  
            
              
                INTEGRATED ASSETS II LLC

By: Integrated Holding Group LP,
       its Managing Member

				
By: Millennium Management LLC,
       its General Partner


              By: /s/ Mark Meskin
                
                Name: Mark Meskin 

                Title:  Chief Trading Officer
				  
            
              
                MILLENNIUM MANAGEMENT
                LLC

				
                

              By: /s/ Mark Meskin
                
                Name: Mark Meskin

                Title:  Chief Trading Officer

                 
				
              
                MILLENNIUM GROUP MANAGEMENT LLC
                

              By: /s/ Mark Meskin
                
                Name: Mark Meskin

                Title:  Chief Trading Officer

                 
            

              /s/ Israel A.
                Englander
                
                Israel A. Englander



	


	
	
		Categories
	
	
				SEC Filings

An employee benefit plan or endowment fund in accordance with §240.13d-1(b)(1)(ii)(F);



1	NAMES OF REPORTING PERSONS Integrated Core Strategies (US) LLC
2	CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (a) o (b) þ
3	SEC USE ONLY
4	CITIZENSHIP OR PLACE OF ORGANIZATION Delaware



NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH	5	SOLE VOTING POWER -0-
	6	SHARED VOTING POWER 1,476,295
	7	SOLE DISPOSITIVE POWER -0-
	8	SHARED DISPOSITIVE POWER 1,476,295



9	AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 1,476,295
10	CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES o
11	PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9) 2.9%
12	TYPE OF REPORTING PERSON OO



1	NAMES OF REPORTING PERSONS Integrated Assets II LLC
2	CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (a) o (b) þ
3	SEC USE ONLY
4	CITIZENSHIP OR PLACE OF ORGANIZATION Delaware



NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH	5	SOLE VOTING POWER -0-
	6	SHARED VOTING POWER 251,859
	7	SOLE DISPOSITIVE POWER -0-
	8	SHARED DISPOSITIVE POWER 251,859



1	NAMES OF REPORTING PERSONS Millennium Management LLC
2	CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (a) o (b) þ
3	SEC USE ONLY
4	CITIZENSHIP OR PLACE OF ORGANIZATION Delaware



NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH	5	SOLE VOTING POWER -0-
	6	SHARED VOTING POWER 1,728,154
	7	SOLE DISPOSITIVE POWER -0-
	8	SHARED DISPOSITIVE POWER 1,728,154



1	NAMES OF REPORTING PERSONS Millennium Group Management LLC
2	CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (a) o (b) þ
3	SEC USE ONLY
4	CITIZENSHIP OR PLACE OF ORGANIZATION Delaware



1	NAMES OF REPORTING PERSONS Israel A. Englander
2	CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (a) o (b) þ
3	SEC USE ONLY
4	CITIZENSHIP OR PLACE OF ORGANIZATION United States



Item 1.
	(a)	Name of Issuer:

		Unisys Corporation, a Delaware corporation (the "Issuer").

	(b)	Address of Issuer’s Principal Executive Offices:

		801 Lakeview Drive, Suite 100 Blue Bell, Pennsylvania 19422

Item 2.	(a)	Name of Person Filing:
	(b)	Address of Principal Business Office:
	(c)	Citizenship:

		Integrated Core Strategies (US) LLC c/o Millennium Management LLC 666 Fifth Avenue New York, New York 10103 Citizenship: Delaware

		Integrated Assets II LLC c/o Millennium Management LLC 666 Fifth Avenue New York, New York 10103 Citizenship: Delaware

		Millennium Management LLC 666 Fifth Avenue New York, New York 10103 Citizenship: Delaware

		Millennium Group Management LLC 666 Fifth Avenue New York, New York 10103 Citizenship: Delaware

		Israel A. Englander c/o Millennium Management LLC 666 Fifth Avenue New York, New York 10103 Citizenship: United States

	(d)	Title of Class of Securities:

		common stock, par value $0.01 per share ("Common Stock")

	(e)	CUSIP Number:

		909214306



(a)	o	Broker or dealer registered under section 15 of the Act (15 U.S.C. 78o);

(b)	o	Bank as defined in section 3(a)(6) of the Act (15 U.S.C. 78c);

(c)	o	Insurance company as defined in section 3(a)(19) of the Act (15 U.S.C. 78c);

(d)	o	Investment company registered under section 8 of the Investment Company Act of 1940 (15 U.S.C. 80a-8);

(e)	o	An investment adviser in accordance with §240.13d-1(b)(1)(ii)(E);




(g)	o	A parent holding company or control person in accordance with §240.13d-1(b)(1)(ii)(G);



(h)	o	A savings association as defined in Section 3(b) of the Federal Deposit Insurance Act (12 U.S.C. 1813);

(i)	o	A church plan that is excluded from the definition of an investment company under section 3(c)(14) of the Investment Company Act of 1940 (15 U.S.C. 80a-3);

(j)	o	Group, in accordance with §240.13d-1(b)(1)(ii)(J).