0000893838-11-000022.txt : 20110331 0000893838-11-000022.hdr.sgml : 20110331 20110331160638 ACCESSION NUMBER: 0000893838-11-000022 CONFORMED SUBMISSION TYPE: SC 13D/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20110331 DATE AS OF CHANGE: 20110331 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: 11726234 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 dynamic13dam3033011.htm SCHEDULE 13D/A dynamic13dam3033011.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)
 
March 22, 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
 
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
 
   657,741 shares1 (See Item 5)
 
 
BENEFICIALLY
 
OWNED BY
8
   SHARED VOTING POWER
 
   -0-
 
 
EACH
 
REPORTING
9
   SOLE DISPOSITIVE POWER
 
   657,741 shares1 (See Item 5)
 
 
PERSON
 
WITH
 
10
   SHARED DISPOSITIVE POWER
 
   -0-
 
11
   AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
 
   657,741 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)
 
   10.7% 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 issued to Dynamic Worldwide Solar Energy, LLC since November 19, 2010 and 240,741 shares of Common Stock issuable upon exercise of the Warrant.

 
 
 
 
 
CUSIP NO. 23962Q 100     
 SCHEDULE 13D   Page 3 of 5 Pages
 


 
Item 1.
Security and Issuer.
 
This Amendment No. 4 ("Amendment No. 4") 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"), Amendment No. 2 to Schedule 13D dated February 7, 2011 ("Amendment No. 2") and Amendment No. 3 to Schedule 13D dated February 15, 2011 ("Amendment No. 3").
 
This Amendment No. 4 is being filed to update Item 5 of the Schedule 13D, Amendment No. 1, Amendment No. 2 and Amendment No. 3.
 
Unless otherwise defined in this Amendment No. 4, capitalized terms have the meanings set forth in the Schedule 13D, Amendment No. 1, Amendment No. 2 and Amendment No. 3.
 
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 657,741 shares of Common Stock, including 240,741 shares underlying the Warrant exercisable for 240,741 shares of Common Stock.  Since February 10, 2011, Dynamic has sold an aggregate of 187,651 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 of the Warrant, Dynamic beneficially owns approximately 10.7% of the outstanding Common Stock of the Company.
 
(b) Dynamic has the sole power to vote or dispose of the 417,000 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:
 
 
 
 
 
 
 
CUSIP NO. 23962Q 100     
 SCHEDULE 13D   Page 4 of 5 Pages
 
 
 
   Date
 
   Shares
   Price
   March 10, 2011
 
   10,000
   $1.04
   March 15, 2011
 
   10,000
   $1.10
   March 21, 2011
 
   10,000
   $0.94
   March 21, 2011
 
   20,000
   $0.96
   March 22, 2011
 
    18,700     $0.96 
   March 23, 2011
 
   53,000
   $0.9602
   March 23, 2011
 
    15,951
   $0.9501
   March 28, 2011
 
   50,000
   $0.9210

 

 

 
 
 
 
 
CUSIP NO. 23962Q 100     
 SCHEDULE 13D   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:  March 31, 2011
DYNAMIC WORLDWIDE SOLAR ENERGY, LLC
 
By:           /s/ Brad Zackson                                   
        Brad Zackson
        Attorney-in-fact