UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
SCHEDULE 13G
Under the Securities Exchange Act of 1934
(Amendment No. 2)*
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 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. |
25659P402 |
| 1 | NAMES OF REPORTING PERSONS James P. Dolan |
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| 2 | CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (SEE INSTRUCTIONS) |
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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 | 1,683,269 | ||||
| SHARES | 6 | SHARED VOTING POWER | |||
| BENEFICIALLY | |||||
| OWNED BY | 0 | ||||
| EACH | 7 | SOLE DISPOSITIVE POWER | |||
| REPORTING | |||||
| PERSON | 1,683,269 | ||||
| WITH: | 8 | SHARED DISPOSITIVE POWER | |||
| 0 | |||||
| 9 | AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON | ||||
| 1,683,269 | |||||
| 10 | CHECK IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES (SEE INSTRUCTIONS) | ||||
| þ | |||||
| 11 | PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9) | ||||
| 5.5% | |||||
| 12 | TYPE OF REPORTING PERSON (SEE INSTRUCTIONS) | ||||
| IN | |||||
Page 1 of 5 pages
CUSIP No. |
25659P402 |
| Item 1(a) | Name of Issuer: |
| Item 1(b) | Address of Issuer’s 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: |
| 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); |
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| (b) | o | Bank as defined in section 3(a)(6) of the Act (15 U.S.C. 78c); |
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| (c) | o | Insurance company as defined in section 3(a)(19) of the Act (15 U.S.C. 78c). |
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| (d) | o | Investment company registered under section 8 of the Investment Company Act of
1940 (15 U.S.C. 80a-8); |
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| (e) | o | An investment adviser in accordance with §240.13d-1(b)(1)(ii)(E); |
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| (f) | o | An employee benefit plan or endowment fund in accordance with §
240.13d-1(b)(1)(ii)(F); |
Page 2 of 5 pages
CUSIP No. |
25659P402 |
| (g) | o | A parent holding company or control person in accordance with §
240.13d-1(b)(1)(ii)(G); |
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| (h) | o | A savings association as defined in section 3(b) of the Federal Deposit
Insurance Act (12 U.S.C. 1813); |
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| (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); |
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| (k) | o | Group, in accordance with Rule 13d-1(b)(1)(ii)(K). |
| Item 4 | Ownership. |
| (a) | Amount beneficially owned: 1,683,269 (1) |
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| (b) | Percent of class: 5.5% (2) |
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| (c) | Number of shares as to which the person has: |
| (i) | Sole power to vote or to direct the vote: 1,683,269 |
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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: 1,683,269 |
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| (iv) | Shared power to dispose or to direct the disposition of: 0 |
| 1 | This Item 4 excludes (1) 16,388 shares of common stock Mr. Dolan’s
spouse owns, and (2) options to acquire 721 shares of common stock
which Mr. Dolan’s spouse may exercise during the 60-day period
following December 31, 2009. Mr. Dolan 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, 2009. |
|
This Item 4 includes options to acquire 127,152 shares of common stock
which Mr. Dolan may exercise during the 60-day period following
December 31, 2009. It excludes unvested options to acquire 105,664
shares of common stock, which vest in equal installments on each of
August 1, 2010 and August 1, 2011, and unvested options to acquire 614
shares of common stock held by Mr. Dolan’s spouse, which vest, in
equal installments, on the same dates. |
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This Item 4 also excludes unvested options for the purchase of 64,466
shares of common stock held by Mr. Dolan and unvested options for the
purchase of 322 shares of common stock held by Mr. Dolan’s spouse, all
of which vest in equal installments on each of May 12, 2010, 2011 and
2012. This Item 4 also excludes unvested options for the
purchase of 87,817 shares of our common stock held by Mr. Dolan and unvested
options to purchase 455 shares of our common stock held by Mr. Dolan’s
spouse, all of which vest in four equal annual installments beginning
on May 15, 2010. |
Page 3 of 5 pages
CUSIP No. |
25659P402 |
| 2 | Assumes 30,326,437 shares outstanding as of December 31, 2009. |
| Item 5 | Ownership of Five Percent or Less of a Class. |
| Item 6 | Ownership of More than Five Percent on Behalf of Another Person. |
| Item 7 | Identification and Classification of the Subsidiary Which Acquired the Security Being
Reported on by the Parent Holding Company or Control Person.
|
| Item 8 | Identification and Classification of Members of the Group. |
| Item 9 | Notice of Dissolution of Group. |
| Item 10 | Certifications. |
Page 4 of 5 pages
CUSIP No. |
25659P402 |
| January 13, 2010 | ||||
| (Date) | ||||
| /s/ James P. Dolan | ||||
| (Signature) | ||||
| James P. Dolan | ||||
| (Name) | ||||
Page 5 of 5 pages