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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
SCHEDULE 13G
Under the Securities Exchange Act of 1934
(Amendment No. 1)*
Check the appropriate box to designate the rule pursuant to which this Schedule is filed:
o Rule 13d-1(b)
o Rule 13d-1(c)
þ Rule 13d-1(d)
* The remainder of this cover page shall be filled out for a reporting persons 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. |
25659P402 |
1 | NAMES OF REPORTING PERSONS James P. Dolan |
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2 | CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP |
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(a) o | |||||
(b) o | |||||
3 | SEC USE ONLY | ||||
4 | CITIZENSHIP OR PLACE OF ORGANIZATION | ||||
United States of America | |||||
5 | SOLE VOTING POWER | ||||
NUMBER OF | 1,608,949 | ||||
SHARES | 6 | SHARED VOTING POWER | |||
BENEFICIALLY | |||||
OWNED BY | 0 | ||||
EACH | 7 | SOLE DISPOSITIVE POWER | |||
REPORTING | |||||
PERSON | 1,608,949 | ||||
WITH: | 8 | SHARED DISPOSITIVE POWER | |||
0 | |||||
9 | AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON | ||||
1,608,949 | |||||
10 | CHECK IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES | ||||
þ | |||||
11 | PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9) | ||||
5.4% | |||||
12 | TYPE OF REPORTING PERSON | ||||
IN |
1
CUSIP No. |
25659P402 |
Item 3 If this statement is filed pursuant to §§ 240.13d-1(b), or 240.13d-2(b) or (c), 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); |
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CUSIP No. |
25659P402 |
(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 (15 U.S.C.
80a-3); |
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(j) | o | A non-U.S. institution in accordance with section 240.13d-1(b)(1)(ii)(J); | ||||
(k) | o | Group, in accordance with Rule 13d-1(b)(1)(ii)(K). |
(a) | Amount beneficially owned: 1,608,949 (1) | |||
(b) | Percent of class: 5.4% (2) | |||
(c) | Number of shares as to which the person has: |
(i) | Sole power to vote or to direct the vote: 1,608,949 |
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(ii) | Shared power to vote or to direct the vote: 0 |
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(iii) | Sole power to dispose or to direct the disposition of: 1,608,949 |
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(iv) | Shared power to dispose or to direct the disposition of: 0 |
1 | This Item 4 excludes (1) 4,761 shares of common stock that Chicosa
Partners, LLC owns, (2) 16,088 shares of common stock Mr. Dolans
spouse owns, and (3) options to acquire 307 shares of common stock
which Mr. Dolans spouse may exercise during the 60-day period
following December 31, 2008. Mr. Dolan is the managing member of
Chicosa and has sole investment and voting power with respect to, and
therefore may be deemed to be the beneficial owner of, these shares.
Mr. Dolan disclaims beneficial ownership of these shares because he
has no pecuniary interest therein. Mr. Dolan also disclaims ownership
in those shares owned by his spouse or which his spouse may acquire
upon the exercise of options that are exercisable during the 60-day
period following December 31, 2008. |
|
This Item 4 includes options to acquire 52,832 shares of common stock
which Mr. Dolan may exercise during the 60-day period following
December 31, 2008. It excludes unvested options to acquire 158,496
shares of common stock, which vest in equal annual installments of
52,832 shares on each of August 1, 2009, August 1, 2010 and August 1,
2011, and unvested options to acquire 921 shares of common stock held
by Mr. Dolans spouse, which vest, in three equal installments, over
the same period. This Item 4 also excludes unvested options for the
purchase of 85,954 shares of common stock held by Mr. Dolan and
unvested options for the purchase of 429 shares of common stock held
by Mr. Dolans spouse, all of which vest in four equal installments
annually beginning on May 12, 2009. This Item 4 also excludes 2,500
shares of common stock that Mr. Dolans sisters own (2,128 shares and
2,587 shares, respectively), including shares that Mr. Dolans sisters
received as a pro rata distribution from Chicosa Partners, LLC in
March 2008, and 1,000 shares of common stock that Mr. Dolans father
owns. |
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2 | Assumes 29,955,018 shares outstanding as of December 31, 2008. |
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CUSIP No. |
25659P402 |
Item 7 | Identification and Classification of the Subsidiary Which Acquired the Security Being Reported on by the Parent Holding Company or Control Person. |
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CUSIP No. |
25659P402 |
February 6, 2009
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/s/ James P. Dolan
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James P. Dolan
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