CUSIP No. 205768203 |
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549
SCHEDULE 13G
Under the Securities Exchange Act of 1934
(Amendment No. )*
Comstock Resources, Inc.
(Name of Issuer)
Common Stock, par value $0.50 per share
(Title of Class of Securities)
205768203
(CUSIP Number)
February 8, 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) |
x |
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. 205768203 | |||||
| |||||
|
1. |
Names of Reporting Persons.
Carl H. Westcott | |||
| |||||
|
2. |
Check the Appropriate Box if a Member of a Group | |||
|
|
(a) |
o | ||
|
|
(b) |
o | ||
| |||||
|
3. |
SEC Use Only | |||
| |||||
|
4. |
Citizenship or Place of Organization | |||
|
|
| |||
Number of |
5. |
Sole Voting Power | |||
| |||||
6. |
Shared Voting Power | ||||
| |||||
7. |
Sole Dispositive Power | ||||
| |||||
8. |
Shared Dispositive Power | ||||
| |||||
|
9. |
Aggregate Amount Beneficially Owned by Each Reporting Person | |||
| |||||
|
10. |
Check if the Aggregate Amount in Row (9) Excludes Certain Shares o | |||
| |||||
|
11. |
Percent of Class Represented by Amount in Row (9) | |||
| |||||
|
12. |
Type of Reporting Person | |||
(1) Carl H. Westcott directly holds 570,000 shares of common stock, par value $0.50 per share (the Common Stock), of Comstock Resources, Inc., a Nevada corporation (the Issuer). Additionally, Mr. Westcott exercises shared voting and disposition power over 371,065 shares of Common Stock with Court H. Westcott as managers of Carl Westcott, LLC, the general partner of each of Commodore Partners, Ltd. (Commodore Partners), which directly owns 349,065 shares of Common Stock, and G.K. Westcott LP (GK Westcott), which directly owns 22,000 shares of Common Stock.
(2) Carl H. Westcott has shared discretionary authority to purchase and dispose of shares of Common Stock under various accounts for the benefit of the following persons, who directly hold the following amounts of shares of Common Stock: Court H. Westcott, 500 shares; Carla Westcott, 2,140 shares; Peter Underwood, 11,600 shares; Francisco Trejo, Jr., 1,572 shares; and Rosie Greene, 1,850 shares. Carl H. Westcott does not exercise any voting power over any such shares of Common Stock owned by the aforementioned individuals and expressly disclaims beneficial ownership of such shares.
(3) The percentage ownership is based on 15,427,561 shares of Common Stock outstanding, as reported by the Issuer in its quarterly report on Form 10-Q filed on November 2, 2017.
CUSIP No. 205768203 | |||||
| |||||
|
1. |
Names of Reporting Persons.
Commodore Partners, Ltd. 03-0476201 | |||
| |||||
|
2. |
Check the Appropriate Box if a Member of a Group | |||
|
|
(a) |
o | ||
|
|
(b) |
o | ||
| |||||
|
3. |
SEC Use Only | |||
| |||||
|
4. |
Citizenship or Place of Organization | |||
|
|
| |||
Number of |
5. |
Sole Voting Power | |||
| |||||
6. |
Shared Voting Power | ||||
| |||||
7. |
Sole Dispositive Power | ||||
| |||||
8. |
Shared Dispositive Power | ||||
| |||||
|
9. |
Aggregate Amount Beneficially Owned by Each Reporting Person | |||
| |||||
|
10. |
Check if the Aggregate Amount in Row (9) Excludes Certain Shares o | |||
| |||||
|
11. |
Percent of Class Represented by Amount in Row (9) | |||
| |||||
|
12. |
Type of Reporting Person | |||
(1) Carl H. Westcott and Court H. Westcott exercise shared voting and disposition power over the 349,065 shares of Common Stock as the managers of Carl Westcott, LLC, the general partner of Commodore Partners.
(2) The percentage ownership is based on 15,427,561 shares of Common Stock outstanding, as reported by the Issuer in its quarterly report on Form 10-Q filed on November 2, 2017.
CUSIP No. 205768203 | |||||
| |||||
|
1. |
Names of Reporting Persons.
G.K. Westcott LP 20-2443941 | |||
| |||||
|
2. |
Check the Appropriate Box if a Member of a Group | |||
|
|
(a) |
o | ||
|
|
(b) |
o | ||
| |||||
|
3. |
SEC Use Only | |||
| |||||
|
4. |
Citizenship or Place of Organization | |||
|
|
| |||
Number of |
5. |
Sole Voting Power | |||
| |||||
6. |
Shared Voting Power | ||||
| |||||
7. |
Sole Dispositive Power | ||||
| |||||
8. |
Shared Dispositive Power | ||||
| |||||
|
9. |
Aggregate Amount Beneficially Owned by Each Reporting Person | |||
| |||||
|
10. |
Check if the Aggregate Amount in Row (9) Excludes Certain Shares o | |||
| |||||
|
11. |
Percent of Class Represented by Amount in Row (9) | |||
| |||||
|
12. |
Type of Reporting Person | |||
(1) Carl H. Westcott and Court H. Westcott exercise shared voting and disposition power over the 22,000 shares of Common Stock as the managers of Carl Westcott, LLC, the general partner of GK Westcott.
(2) The percentage ownership is based on 15,427,561 shares of Common Stock outstanding, as reported by the Issuer in its quarterly report on Form 10-Q filed on November 2, 2017.
CUSIP No. 205768203 | |||||
| |||||
|
1. |
Names of Reporting Persons.
Carl Westcott, LLC 75-2655092 | |||
| |||||
|
2. |
Check the Appropriate Box if a Member of a Group | |||
|
|
(a) |
o | ||
|
|
(b) |
o | ||
| |||||
|
3. |
SEC Use Only | |||
| |||||
|
4. |
Citizenship or Place of Organization | |||
|
|
| |||
Number of |
5. |
Sole Voting Power | |||
| |||||
6. |
Shared Voting Power | ||||
| |||||
7. |
Sole Dispositive Power | ||||
| |||||
8. |
Shared Dispositive Power | ||||
| |||||
|
9. |
Aggregate Amount Beneficially Owned by Each Reporting Person | |||
| |||||
|
10. |
Check if the Aggregate Amount in Row (9) Excludes Certain Shares o | |||
| |||||
|
11. |
Percent of Class Represented by Amount in Row (9) | |||
| |||||
|
12. |
Type of Reporting Person | |||
(1) Carl H. Westcott and Court H. Westcott exercise shared voting and disposition power over the 371,065 shares of Common Stock as the managers of Carl Westcott, LLC, the general partner of each of Commodore Partners, which directly owns 349,065 shares of Common Stock, and GK Westcott, which directly owns 22,000 shares of Common Stock.
(2) The percentage ownership is based on 15,427,561 shares of Common Stock outstanding, as reported by the Issuer in its quarterly report on Form 10-Q filed on November 2, 2017.
CUSIP No. 205768203 | |||||
| |||||
|
1. |
Names of Reporting Persons.
Court H. Westcott | |||
| |||||
|
2. |
Check the Appropriate Box if a Member of a Group | |||
|
|
(a) |
o | ||
|
|
(b) |
o | ||
| |||||
|
3. |
SEC Use Only | |||
| |||||
|
4. |
Citizenship or Place of Organization | |||
|
|
| |||
Number of |
5. |
Sole Voting Power | |||
| |||||
6. |
Shared Voting Power | ||||
| |||||
7. |
Sole Dispositive Power | ||||
| |||||
8. |
Shared Dispositive Power | ||||
| |||||
|
9. |
Aggregate Amount Beneficially Owned by Each Reporting Person | |||
| |||||
|
10. |
Check if the Aggregate Amount in Row (9) Excludes Certain Shares o | |||
| |||||
|
11. |
Percent of Class Represented by Amount in Row (9) | |||
| |||||
|
12. |
Type of Reporting Person | |||
(1) Consists of 500 shares of Common Stock held of record by Court H. Westcott, Trustee of the Court H. Westcott Living Trust. Carl H. Westcott has shared discretionary authority to purchase and dispose of those shares of Common Stock for the benefit of such reporting person, but does not exercise any voting power with respect to such shares. Carl H. Westcott expressly disclaims beneficial ownership of any such shares of Common Stock.
(2) Carl H. Westcott and Court H. Westcott exercise shared voting and disposition power over 371,065 shares of Common Stock as the managers of Carl Westcott, LLC, the general partner of each of Commodore Partners, which directly owns 349,065 shares of Common Stock, and GK Westcott, which directly owns 22,000 shares of Common Stock.
(3) The percentage ownership is based on 15,427,561 shares of Common Stock outstanding, as reported by the Issuer in its quarterly report on Form 10-Q filed on November 2, 2017.
CUSIP No. 205768203 | |||||
| |||||
|
1. |
Names of Reporting Persons.
Carla Westcott | |||
| |||||
|
2. |
Check the Appropriate Box if a Member of a Group | |||
|
|
(a) |
o | ||
|
|
(b) |
o | ||
| |||||
|
3. |
SEC Use Only | |||
| |||||
|
4. |
Citizenship or Place of Organization | |||
|
|
| |||
Number of |
5. |
Sole Voting Power | |||
| |||||
6. |
Shared Voting Power | ||||
| |||||
7. |
Sole Dispositive Power | ||||
| |||||
8. |
Shared Dispositive Power | ||||
| |||||
|
9. |
Aggregate Amount Beneficially Owned by Each Reporting Person | |||
| |||||
|
10. |
Check if the Aggregate Amount in Row (9) Excludes Certain Shares o | |||
| |||||
|
11. |
Percent of Class Represented by Amount in Row (9) | |||
| |||||
|
12. |
Type of Reporting Person | |||
(1) Carla Westcott directly holds 2,140 shares of Common Stock. Carl H. Westcott has shared discretionary authority to purchase and dispose of those shares of Common Stock for the benefit of such reporting person, but does not exercise any voting power with respect to such shares. Carl H. Westcott expressly disclaims beneficial ownership of any such shares of Common Stock.
(2) The percentage ownership is based on 15,427,561 shares of Common Stock outstanding, as reported by the Issuer in its quarterly report on Form 10-Q filed on November 2, 2017.
CUSIP No. 205768203 |
Item 1(a). |
Name of Issuer: |
Item 1(b). |
Address of Issuers Principal Executive Offices: |
| |
Item 2(a). |
Name of Person Filing: |
Item 2(b). |
Address of Principal Business Office or, if none, Residence: |
Item 2(c). |
Citizenship: |
Item 2(d). |
Title of Class of Securities: |
Item 2(e). |
CUSIP Number: |
CUSIP No. 205768203 |
Item 3. |
If this statement is filed pursuant to Rules 13d-1(b), or 13d-2(b) or (c), check whether the person filing is a: | ||
|
Not Applicable. | ||
|
| ||
Item 4. |
Ownership: | ||
Carl H. Westcott | |||
|
(a) |
Amount beneficially owned: 958,727(1) (2) | |
|
(b) |
Percent of class: 6.21%(3) | |
|
(c) |
Number of shares as to which the person has:
| |
|
|
(i) |
Sole power to vote or direct the vote 570,000(1) |
|
|
(ii) |
Shared power to vote or direct the vote 371,065(1) (2) |
|
|
(iii) |
Sole power to dispose or to direct the disposition of 570,000(1) |
|
|
(iv) |
Shared power to dispose or to direct the disposition of 388,727(1) (2) |
(1) Carl H. Westcott directly holds 570,000 shares of common stock, par value $0.50 per share (the Common Stock), of Comstock Resources, Inc., a Nevada corporation (the Issuer). Additionally, Mr. Westcott exercises shared voting and disposition power over 371,065 shares of Common Stock with Court H. Westcott as managers of Carl Westcott, LLC, the general partner of each of Commodore Partners, Ltd. (Commodore Partners), which directly owns 349,065 shares of Common Stock, and G.K. Westcott LP (GK Westcott), which directly owns 22,000 shares of Common Stock.
(2) Carl H. Westcott has shared discretionary authority to purchase and dispose of shares of Common Stock under various accounts for the benefit of the following persons, who directly hold the following amounts of shares of Common Stock: Court H. Westcott, 500 shares; Carla Westcott, 2,140 shares; Peter Underwood, 11,600 shares; Francisco Trejo, Jr., 1,572 shares; and Rosie Greene, 1,850 shares. Carl H. Westcott does not exercise any voting power over any such shares of Common Stock owned by the aforementioned individuals and expressly disclaims beneficial ownership of such shares.
(3) The percentage ownership is based on 15,427,561 shares of Common Stock outstanding, as reported by the Issuer in its quarterly report on Form 10-Q filed on November 2, 2017.
Commodore Partners, Ltd. | |||
|
(a) |
Amount beneficially owned: 349,065(1) | |
|
(b) |
Percent of class: 2.26%(2) | |
|
(c) |
Number of shares as to which the person has:
| |
|
|
(i) |
Sole power to vote or direct the vote 349,065(1) |
|
|
(ii) |
Shared power to vote or direct the vote -0- |
|
|
(iii) |
Sole power to dispose or to direct the disposition of 349,065(1) |
|
|
(iv) |
Shared power to dispose or to direct the disposition of -0- |
CUSIP No. 205768203 |
(1) Carl H. Westcott and Court H. Westcott exercise shared voting and disposition power over the 349,065 shares of Common Stock as the managers of Carl Westcott, LLC, the general partner of Commodore Partners.
(2) The percentage ownership is based on 15,427,561 shares of Common Stock outstanding, as reported by the Issuer in its quarterly report on Form 10-Q filed on November 2, 2017.
G.K. Westcott LP | |||
|
(a) |
Amount beneficially owned: 22,000(1) | |
|
(b) |
Percent of class: 0.14%(2) | |
|
(c) |
Number of shares as to which the person has:
| |
|
|
(i) |
Sole power to vote or direct the vote 22,000(1) |
|
|
(ii) |
Shared power to vote or direct the vote -0- |
|
|
(iii) |
Sole power to dispose or to direct the disposition of 22,000 (1) |
|
|
(iv) |
Shared power to dispose or to direct the disposition of -0- |
(1) Carl H. Westcott and Court H. Westcott exercise shared voting and disposition power over the 22,000 shares of Common Stock as the managers of Carl Westcott, LLC, the general partner of GK Westcott.
(2) The percentage ownership is based on 15,427,561 shares of Common Stock outstanding, as reported by the Issuer in its quarterly report on Form 10-Q filed on November 2, 2017.
Carl Westcott, LLC | |||
|
(a) |
Amount beneficially owned: 371,065 (1) | |
|
(b) |
Percent of class: 2.40%(2) | |
|
(c) |
Number of shares as to which the person has:
| |
|
|
(i) |
Sole power to vote or direct the vote 371,065 (1) |
|
|
(ii) |
Shared power to vote or direct the vote -0- |
|
|
(iii) |
Sole power to dispose or to direct the disposition of 371,065(1) |
|
|
(iv) |
Shared power to dispose or to direct the disposition of -0- |
(1) Carl H. Westcott and Court H. Westcott exercise shared voting and disposition power over the 371,065 shares of Common Stock as the managers of Carl Westcott, LLC, the general partner of each of Commodore Partners, which directly owns 349,065 shares of Common Stock, and GK Westcott, which directly owns 22,000 shares of Common Stock.
(2) The percentage ownership is based on 15,427,561 shares of Common Stock outstanding, as reported by the Issuer in its quarterly report on Form 10-Q filed on November 2, 2017.
CUSIP No. 205768203 |
Court H. Westcott | |||
|
(a) |
Amount beneficially owned: 371,565 (1) | |
|
(b) |
Percent of class: 2.41%(3) | |
|
(c) |
Number of shares as to which the person has:
| |
|
|
(i) |
Sole power to vote or direct the vote 500 (1) |
|
|
(ii) |
Shared power to vote or direct the vote 371,065(2) |
|
|
(iii) |
Sole power to dispose or to direct the disposition of -0- |
|
|
(iv) |
Shared power to dispose or to direct the disposition of 371,565(1) (2) |
(1) Consists of 500 shares of Common Stock held of record by Court H. Westcott, Trustee of the Court H. Westcott Living Trust. Carl H. Westcott has shared discretionary authority to purchase and dispose of those shares of Common Stock for the benefit of such reporting person, but does not exercise any voting power with respect to such shares. Carl H. Westcott expressly disclaims beneficial ownership of any such shares of Common Stock.
(2) Carl H. Westcott and Court H. Westcott exercise shared voting and disposition power over 371,065 shares of Common Stock as the managers of Carl Westcott, LLC, the general partner of each of Commodore Partners, which directly owns 349,065 shares of Common Stock, and GK Westcott, which directly owns 22,000 shares of Common Stock.
(3) The percentage ownership is based on 15,427,561 shares of Common Stock outstanding, as reported by the Issuer in its quarterly report on Form 10-Q filed on November 2, 2017.
Carla Westcott | |||
|
(a) |
Amount beneficially owned: 2,140 (1) | |
|
(b) |
Percent of class: 0.01%(2) | |
|
(c) |
Number of shares as to which the person has:
| |
|
|
(i) |
Sole power to vote or direct the vote 2,140 (1) |
|
|
(ii) |
Shared power to vote or direct the vote -0- |
|
|
(iii) |
Sole power to dispose or to direct the disposition of 2,140(1) |
|
|
(iv) |
Shared power to dispose or to direct the disposition of -0- |
(1) Carla Westcott directly holds 2,140 shares of Common Stock. Carl H. Westcott has shared discretionary authority to purchase and dispose of those shares of Common Stock for the benefit of such reporting person, but does not exercise any voting power with respect to such shares. Carl H. Westcott expressly disclaims beneficial ownership of any such shares of Common Stock.
(2) The percentage ownership is based on 15,427,561 shares of Common Stock outstanding, as reported by the Issuer in its quarterly report on Form 10-Q filed on November 2, 2017.
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. o | |
|
Not Applicable. |
CUSIP No. 205768203 |
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: |
|
Not Applicable |
| |
Item 9. |
Notice of Dissolution of Group: |
|
Not Applicable |
| |
Item 10. |
Certification: |
|
By signing below I certify that, to the best of my 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. |
[Remainder of Page Intentionally Left Blank]
CUSIP No. 205768203 |
SIGNATURE
After reasonable inquiry and to the best of my knowledge and belief, I certify that the information set forth in this statement is true, complete and correct.
Date: February 20, 2018 |
|
|
|
Reporting Persons: |
CARL H. WESTCOTT |
|
|
|
/s/ Michael I. Smartt |
|
Michael I. Smartt |
|
Attorney-in-Fact |
|
|
|
COMMODORE PARTNERS, LTD. |
|
|
|
By: Carl Westcott, LLC, its general partner |
|
|
|
/s/ Michael I. Smartt |
|
Michael I. Smartt |
|
Attorney-in-Fact |
|
|
|
G.K. WESTCOTT LP |
|
|
|
By: Carl Westcott, LLC, its general partner |
|
|
|
/s/ Michael I. Smartt |
|
Michael I. Smartt |
|
Attorney-in-Fact |
|
|
|
CARL WESTCOTT, LLC |
|
|
|
/s/ Michael I. Smartt |
|
Michael I. Smartt |
|
Attorney-in-Fact |
|
|
|
COURT H. WESTCOTT |
|
|
|
/s/ Michael I. Smartt |
|
Michael I. Smartt |
|
Attorney-in-Fact |
|
|
|
CARLA WESTCOTT |
|
|
|
/s/ Michael I. Smartt |
|
Michael I. Smartt |
|
Attorney-in-Fact |
Exhibit A
JOINT FILING AGREEMENT
In accordance with Rule 13d-1(k)(1) under the Securities Exchange Act of 1934 as amended, the undersigned agree to the joint filing on behalf of each of them of a Statement on Schedule 13G (including any and all amendments thereto) with respect to the shares of common stock of Comstock Resources, Inc., a Nevada corporation, and further agree that this Joint Filing Agreement shall be included as an Exhibit to such joint filings. The undersigned further agree that each party hereto is responsible for the timely filing of such Statement on Schedule 13G and any amendments thereto, and for the accuracy and completeness of the information concerning such party contained therein; provided, however, that no party is responsible for the accuracy or completeness of the information concerning any other party, unless such party knows or has reason to believe that such information is inaccurate.
This Joint Filing Agreement may be signed in counterparts with the same effect as if the signature on each counterpart were upon the same instrument.
IN WITNESS WHEREOF, the undersigned has caused this Joint Filing Agreement to be executed as of the 20th day of February, 2018.
|
/s/ Carl H. Westcott |
|
Carl H. Westcott |
|
|
|
Commodore Partners, Ltd. |
|
|
|
By: Carl Westcott, LLC, its general partner |
|
|
|
/s/ Carl H. Westcott |
|
Carl H. Westcott |
|
Manager |
|
|
|
G.K. Westcott LP |
|
|
|
By: Carl Westcott, LLC, its general partner |
|
|
|
/s/ Carl H. Westcott |
|
Carl H. Westcott |
|
Manager |
|
|
|
Carl Westcott, LLC |
|
|
|
/s/ Carl H. Westcott |
|
Carl H. Westcott |
|
Manager |
|
|
|
/s/ Court H. Westcott |
|
Court H. Westcott |
|
|
|
/s/ Carla Westcott |
|
Carla Westcott |
Exhibit B
Account Linking Agreement |
PO Box 2760 · Omaha, NE 68103-2760
Fax: 866-468-6268
To link your accounts online, please read and agree to the terms below.
Please note: This form is not intended for updating your account information. Submission of this form is your request to grant to an account designated as the main or primary TD Ameritrade account permission to link to your TD Ameritrade account(s) so that your accounts may be accessed by the primary account.
By submitting an online linking request, I consent to the terms of use set forth below.
Terms of Use:
I may only submit an online agreement and request to grant permission to an account designated as the primary account to link to my account. I understand that linking my TD Ameritrade account will give the owner(s) of the primary account unlimited access to my account.
Only the account owner(s) may submit an agreement and request to link accounts.
Attorneys in Fact (under a Power of Attorney) and Agents with a Full or Limited Trading Authorization are not permitted to submit this request on behalf of the account owner(s).
Account subscription services are provided to each account separately, and are not automatically added to linked accounts based on the primary account status. Any changes to subscription services must be entered for each linked account and cannot be processed through the primary account.
Any requests (for example, funds) or changes (addresses, orders, etc.) for each of the linked accounts must be submitted from the linked account and will not be processed based on changes made to the primary account. Changes made to the primary or any one of the linked accounts do not necessarily affect other linked accounts.
If you have questions, or need additional forms, please contact us (for information, go to Contact Us at the bottom of any page on the website).
Through my electronic signature and submission of this request and agreement, Account Owner(s) (hereinafter referred to as I, me, my whether one or more) agree to accept all risk and responsibility entailed in this request, including, but not limited to, agents or third parties who may have access to the primary account and any linked account(s). I understand that any person with access to the UserID and password of the TD Ameritrade account designated as the primary account will have the access to any online documents and/or information available through my account and any linked account including, but not limited to, statements, trade confirmations, prospectuses, tax documents, transaction history, corporate reports, positions, balances, orders, proxies, notices, etc., or any other online requests, communications, and changes or requests submitted as a result thereof including, but not limited to, address changes (physical/mailing/email), fund requests (check/wire/ACH), trading orders (original/changes/cancellations), certificate requests, or other account activity.
I agree to be fully responsible for my account and identification numbers and for all activities conducted under my account number, PIN, UserID or password, including, but not limited to, all orders entered into the electronic trading systems and any requests for funds. I understand that access to the primary account by any person with access to the UserID and password of the primary account will authenticate such person to conduct any business transactions in my account in the same manner as if such person were me, including but not limited to the ability to effect address changes (physical/mailing/email), fund requests (check/wire/ACH), place orders or change orders, request securities certificates, and any other activity that I may otherwise be authorized to conduct through the secure account access. I understand that all such transactions conducted by the primary account owner(s) and any authorized agents are at my risk.
I agree to indemnify and hold harmless TD Ameritrade, Inc., its affiliates, officers, directors, employees, and agents from and against any loss, liability, claim, damage, or expense arising from the request to link the subject account(s), including but not limited to my authorization of the identified party(ies), as owner(s) of the primary account, or any other person(s), to access and/or conduct other account transactions, including the withdrawal of securities or monies from my TD Ameritrade account(s).
I agree that I am responsible to retain the confidentiality of my account access information, and grant to TD Ameritrade the ability to restrict my access to this account or any linked account at its sole discretion. I agree that this agreement, together with all other agreements relating to my account(s), including the account Client Agreement, which are incorporated by this reference, will govern my account(s). TD Ameritrade reserves the right at any time to amend, change, revise, add, or modify the terms of use without prior notice. TD Ameritrade will post such amendments, changes, or modifications on the TD Ameritrade website. My continued account activity after the amendments, changes, or modifications to the terms of use are posted on the TD Ameritrade website, constitutes my agreement to be bound by such amendments, changes, or modifications.
I represent to you that I am the person identified by electronic signature in this Multiple Account Linking Agreement; I am electronically signing this agreement which includes and incorporates the terms of use as well as the Disclosure on Electronic Records and which will have the same effect as the execution of these documents by a written signature as valid legal binding evidence of my intent and agreement to be bound. I further acknowledge that I have read and understand the Disclosure on Electronic Records (located in Privacy, Security, and other Important Information at the bottom of any page on the website), and that I consent to the use of an electronic record of the agreement and terms of use as full satisfaction of any requirement that these documents be provided to me in writing.
Investment Products: Not FDIC Insured * No Bank Guarantee * May Lose Value
TD Ameritrade, Inc., member FINRA/SIPC. TD Ameritrade is a trademark jointly owned by TD Ameritrade IP Company, Inc., and The Toronto-Dominion Bank. © 2015 TD Ameritrade IP Company, Inc. All rights reserved. Used with permission.
Exhibit C
LIMITED POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that the undersigned does hereby make, constitute and appoint each of Carl H. Westcott and Michael I. Smartt, acting either individually or together, as each of the undersigneds true and lawful attorneys-in-fact, with full power and authority as hereinafter described on behalf of and in the name, place and stead of each of the undersigned to, as applicable:
(1) execute for and on behalf of the undersigned and submit to the U.S. Securities and Exchange Commission (SEC) a Form ID, including amendments thereto, and any other documents necessary or appropriate to obtain codes and passwords enabling the undersigned to make electronic filings with the SEC of reports required by Sections 13(d) or 13(g) of the Securities Exchange Act of 1934 (the Exchange Act) and the rules and regulations promulgated thereunder (including, without limitation, Regulation 13D-G) and any amendments to the foregoing;
(2) prepare, execute, acknowledge, deliver and file Schedules 13D and 13G (including any amendments thereto) with respect to the securities of Comstock Resources, Inc., a corporation formed under the laws of the state of Nevada (the Company), with the SEC, any national securities exchanges and the Company, as considered necessary or advisable under Sections 13(d) or 13(g) of the Exchange Act and the rules and regulations promulgated thereunder (including, without limitation, Regulation 13D-G) and any amendments to the foregoing;
(3) seek or obtain, as each of the undersigneds representative and on each of the undersigneds behalf, information on transactions in the Companys securities from any third party, including brokers, employee benefit plan administrators and trustees, in connection with the foregoing, and the undersigned hereby authorizes any such person to release any such information to any of the attorneys-in-fact and approve and ratify any such release of information; and
(4) take any other action of any type whatsoever in connection with the foregoing which, in the opinion of such attorney-in-fact, may be of benefit to, in the best interest of, or legally required by, the undersigned, it being understood that the documents executed by such attorney-in-fact on behalf of the undersigned pursuant to this Power of Attorney shall be in such form and shall contain such terms and conditions as such attorney-in-fact may approve to such attorney-in-facts discretion.
The undersigned acknowledge that:
(1) this Limited Power of Attorney authorizes, but does not require, each such attorney-in-fact to act in his or her discretion on information provided to such attorney-in-fact without independent verification of such information;
(2) any documents prepared and/or executed by any such attorney-in-fact on behalf of the undersigned pursuant to this Limited Power of Attorney will be in such form and will contain such information and disclosure as such attorney-in-fact, in his or her discretion, deems necessary or desirable;
(3) none of such attorneys-in-fact assumes (i) any liability for any responsibility of the undersigned to comply with the requirements of the Exchange Act, or (ii) any liability of the undersigned for any failure to comply with such requirements; and
(4) this Limited Power of Attorney does not relieve the undersigned from responsibility for compliance with the obligations of the undersigned under the Exchange Act, including without limitation the reporting requirements under Sections 13(d) and 13(g) of the Exchange Act and Regulation 13D-G promulgated thereunder.
The undersigned hereby grants to each such attorney-in-fact full power and authority to do and perform any and every act and thing whatsoever requisite, necessary, or proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as the undersigned might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that such attorney-in-fact, or such attorney-in-facts substitute or substitutes, shall lawfully do or cause to be done by virtue of this Limited Power of Attorney and the rights and powers herein granted.
This Limited Power of Attorney shall remain in full force and effect until the undersigned are no longer required to file Schedules 13D or 13G with respect to the undersigneds holdings of and transactions in securities issued by the Company, unless earlier revoked by the undersigned in a signed writing delivered to each such attorney-in-fact.
IN WITNESS WHEREOF, the undersigned has caused this Limited Power of Attorney to be executed as of the 20th day of February, 2018
|
/s/ Carl H. Westcott |
|
Carl H. Westcott |
|
|
|
Commodore Partners, Ltd. |
|
|
|
By: Carl Westcott, LLC, its general partner |
|
|
|
/s/ Carl H. Westcott |
|
Carl H. Westcott |
|
Manager |
|
|
|
G.K. Westcott LP |
|
|
|
By: Carl Westcott, LLC, its general partner |
|
|
|
/s/ Carl H. Westcott |
|
Carl H. Westcott |
|
Manager |
|
|
|
Carl Westcott, LLC |
|
|
|
/s/ Carl H. Westcott |
|
Carl H. Westcott |
|
Manager |
|
|
|
/s/ Court H. Westcott |
|
Court H. Westcott |
|
|
|
/s/ Carla Westcott |
|
Carla Westcott |