-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, FGJpaE9OMtkU6lKKYeb2ZLiDl6FthIOCuq8/nO4IrK1a3xAJeWQq5QnqDxaHE9KY A77EKV4SLHFggMjr6dZLWA== 0000893838-11-000017.txt : 20110215 0000893838-11-000017.hdr.sgml : 20110215 20110215165046 ACCESSION NUMBER: 0000893838-11-000017 CONFORMED SUBMISSION TYPE: SC 13D/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20110215 DATE AS OF CHANGE: 20110215 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: DAYSTAR TECHNOLOGIES INC CENTRAL INDEX KEY: 0001262200 STANDARD INDUSTRIAL CLASSIFICATION: SEMICONDUCTORS & RELATED DEVICES [3674] IRS NUMBER: 841390053 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13D/A SEC ACT: 1934 Act SEC FILE NUMBER: 005-79773 FILM NUMBER: 11614828 BUSINESS ADDRESS: STREET 1: 13 CORPORATE DRIVE CITY: HALFMOON STATE: NY ZIP: 12065 BUSINESS PHONE: 518-383-4600 MAIL ADDRESS: STREET 1: 13 CORPORATE DRIVE CITY: HALFMOON STATE: NY ZIP: 12065 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: Dynamic Worldwide Solar Energy, LLC CENTRAL INDEX KEY: 0001505935 IRS NUMBER: 273959785 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13D/A BUSINESS ADDRESS: STREET 1: 3960 HOWARD HUGHES PARKWAY, SUITE 500 CITY: LAS VEGAS STATE: NV ZIP: 89109 BUSINESS PHONE: (310) 498-5371 MAIL ADDRESS: STREET 1: 3960 HOWARD HUGHES PARKWAY, SUITE 500 CITY: LAS VEGAS STATE: NV ZIP: 89109 SC 13D/A 1 dynamic13da021511.htm AMENDMENT NO. 3 TO SCHEDULE 13D dynamic13da021511.htm
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.  20549
 
 
SCHEDULE 13D
 
Under the Securities Exchange Act of 1934
 
(Amendment No. 3)
 
DayStar Technologies, Inc.

 
(Name of Issuer)
 
Common Stock, par value $0.01 per share
 
 
(Title of Class of Securities)
 
23962Q 100
 
 
(CUSIP Number)
 
Dynamic Worldwide Solar Energy, LLC
515 Madison Avenue, 29th Floor
New York, NY 10022
Attention: Mr. Robert Entler
(212) 632-4808
 
with a copy to:
Stephen B. Delman
515 Madison Avenue, 29th Floor
New York, NY 10022
(212) 632-4817
 
(Name, Address and Telephone Number of Person Authorized to Receive Notices and Communications)
   
February 8, 2011
 
 
 
(Date of Event which Requires Filing of this Statement)
 
If the filing person has previously filed a statement on Schedule 13G to report the acquisition that is the subject of this Schedule 13D, and is filing this schedule because of Sections 240.13d-1(e), 240.13d-1(f) or 240.13d-1(g), check the following box  o
 
The information required on 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 (the “Act”) or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act.
 
 
 

 
SCHEDULE 13D
 
CUSIP No. 23962Q 100
 
 
Page 2 of 5 Pages
 
1
NAMES OF REPORTING PERSONS
I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS
 
 Dynamic Worldwide Solar Energy, LLC
 
2
CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP*                                                                                  (a)  [   ]
                                          (b)  [    ] 
 
3
SEC USE ONLY
 
4
SOURCE OF FUNDS
 
 WC
 
5
CHECK IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) or 2(e)          [   ]
 
6
CITIZENSHIP OR PLACE OF ORGANIZATION
 
 Delaware
 
NUMBER OF
 
SHARES
7
SOLE VOTING POWER
 
 845,392 shares1 (See Item 5)
 
BENEFICIALLY
 
OWNED BY
8
SHARED VOTING POWER
 
 -0-
 
EACH
 
REPORTING
9
SOLE DISPOSITIVE POWER
 
 845,392 shares1 (See Item 5)
 
PERSON
 
WITH
10
SHARED DISPOSITIVE POWER
 
 -0-
 
11
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON                           [   ]
 
 845,392 shares1 (See Item 5)
 
12
CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES
 
13
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
 
 13.7% of outstanding shares of Common Stock2 (See Item 5)
 
14
TYPE OF REPORTING PERSON
 
 OO
 
 
 
___________________________________________
1         Includes 240,741 shares of Common Stock issuable upon exercise of the Warrant.
2         Includes as outstanding 778,219 shares of Common Stock and 240,741 shares of Common Stock issuable upon exercise of the Warrant.
 
 

 
 
SCHEDULE 13D
CUSIP No. 23962Q 100
 
 
Page 3 of 5 Pages
 
 
Item 1.
Security and Issuer.
 
This Amendment No. 3 ("Amendment No. 3") further amends and supplements the Schedule 13D dated November 18, 2010 (the "Schedule 13D"), filed by Dynamic Worldwide Solar Energy, LLC, a Delaware limited liability company ("Dynamic"), with respect to beneficial ownership of (1) shares of common stock, par value $0.01 per share (the “Common Stock”), of DayStar Technologies, Inc., a Delaware corporation (the “Company”), and (2) a warrant to purchase up to 240,741 shares of Common Stock (the “Warrant”), as such Schedule 13D has been amended and supplemented by Amendment No. 1 to Schedule 13D dated January 24, 2011 ("Amendment No. 1") and Amendment No. 2 to Schedule 13 D dated February 7, 2011 ("Amendment No. 2").
 
This Amendment No. 3 is being filed to update Item 5 of the Schedule 13D, Amendment No. 1 and Amendment No. 2.
 
Unless otherwise defined in this Amendment No. 3, capitalized terms have the meanings set forth in the Schedule 13D, Amendment No. 1 and Amendment No. 2.
 
The Company’s principal executive office is located at 1010 South Milpitas Boulevard, Milpitas, California 95035.
 
 
Item 5.
Interest in Securities of the Issuer.
 
Item 5 is amended to include the following information:
 
(a) Based on the Company's most recent Definitive Proxy Statement on Schedule 14A, as of November 19, 2010 there were 5,129,659 shares of Common Stock issued and outstanding.  Dynamic beneficially owns 845,392 shares of Common Stock, including 240,741 shares underlying the Warrant exercisable for 240,741 shares of Common Stock.  Since February 3, 2011, Dynamic has sold an aggregate of 173,568 shares of Common Stock on the open market.  Based on the number of shares issued and outstanding as of November 19, 2010 and including 722,222 shares issued on conversion of the Note, 55,997 shares issued in lieu of interest and 240,741 shares issuable upon exercise o f the Warrant, Dynamic beneficially owns approximately 13.7% of the outstanding Common Stock of the Company.
 
(b) Dynamic has the sole power to vote or dispose of the 604,651 shares of Common Stock and any Common Stock acquired upon exercise of the Warrant.
 
Section (c) of Item 5 is supplemented as follows:
 
(c) During the past 60 days, Dynamic effected the following transactions with respect to the Common Stock:
 
Dynamic sold the following shares of Common Stock on the open market:
 
 
 

 
 
SCHEDULE 13D
CUSIP No. 23962Q 100
 
 
Page 4 of 5 Pages
 
 
Date
 
Shares
Price
February 7, 2011
 
7,305
$1.46
February 7, 2011
 
25,844
$1.48
February 7, 2011
 
9,451
$1.49
February 7, 2011
 
6,500
$1.50
February 7, 2011
 
900
$1.53
February 8, 2011
 
6,000
$1.45
February 8, 2011
 
2,650
$1.46
February 8, 2011
 
600
$1.465
February 8, 2011
 
2,750
$1.47
February 9, 2011
 
5,890
$1.32
February 9, 2011
 
11,610
$1.33
February 9, 2011
 
4,200
$1.331
February 9, 2011
 
100
$1.335
February 9, 2011
 
8,550
$1.34
February 10, 2011
 
17,721
$1.29
February 10, 2011
 
400
$1.295
February 10, 2011
 
2,125
$1.30
February 10, 2011
 
1,550
$1.305
February 10, 2011
 
300
$1.3075
February 10, 2011
 
1,500
$1.32
February 10, 2011
400
$1.3275

 
 

 
 
SCHEDULE 13D
CUSIP No. 23962Q 100
 
 
Page 5 of 5 Pages

 
SIGNATURE
 
After reasonable inquiry and to the best of their knowledge and belief, the undersigned hereby certify that the information set forth in this statement is true, complete and correct.
 
Dated:  February 15, 2011
DYNAMIC WORLDWIDE SOLAR ENERGY, LLC
 
By:      /s/ Stephen B. Delman                              
         Stephen B. Delman
         Attorney-in-fact
 
 
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