FORM 4 |
UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934 or Section 30(h) of the Investment Company Act of 1940 |
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Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b). |
1. Name and Address of Reporting Person*
(Street)
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2. Issuer Name and Ticker or Trading Symbol
DUNE ENERGY INC [ DNE ] |
5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
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3. Date of Earliest Transaction
(Month/Day/Year) 06/14/2007 | ||||||||||||||||||||||||||
4. If Amendment, Date of Original Filed
(Month/Day/Year) |
6. Individual or Joint/Group Filing (Check Applicable Line)
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Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned | ||||||||||
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1. Title of Security (Instr. 3) | 2. Transaction Date (Month/Day/Year) | 2A. Deemed Execution Date, if any (Month/Day/Year) | 3. Transaction Code (Instr. 8) | 4. Securities Acquired (A) or Disposed Of (D) (Instr. 3, 4 and 5) | 5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4) | 6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) | 7. Nature of Indirect Beneficial Ownership (Instr. 4) | |||
Code | V | Amount | (A) or (D) | Price | ||||||
Common Stock | 06/14/2007 | S | 400 | D | $2.34 | 0 | D | |||
Common Stock | 06/15/2007 | P | 236 | A | $2.37 | 26 | D | |||
Common Stock | 06/18/2007 | S | 2,500 | D | $2.41 | 0 | D | |||
Common Stock | 06/19/2007 | P | 8,286 | A | $2.4 | 5,812 | D | |||
Common Stock | 06/19/2007 | S | 500 | D | $2.41 | 5,312 | D | |||
Common Stock | 06/19/2007 | S | 4,800 | D | $2.4 | 512 | D | |||
Common Stock | 06/20/2007 | P | 1,924 | A | $2.4 | 2,436 | D | |||
Common Stock | 06/20/2007 | S | 2,000 | D | $2.41 | 436 | D | |||
Common Stock | 06/22/2007 | S | 500 | D | $2.34 | 0 | D | |||
Common Stock | 06/25/2007 | S | 3,200 | D | $2.4 | 0 | D | |||
Common Stock | 06/26/2007 | P | 400 | A | $2.31 | 0 | D | |||
Common Stock | 06/28/2007 | P | 2,300 | A | $2.31 | 0 | D | |||
Common Stock | 06/29/2007 | S | 2,500 | D | $2.35 | 0 | D | |||
Common Stock | 07/05/2007 | P | 3,000 | A | $2.37 | 0 | D | |||
Common Stock | 07/05/2007 | S | 2,600 | D | $2.42 | 0 | D | |||
Common Stock | 07/06/2007 | P | 1,500 | A | $2.33 | 0 | D | |||
Common Stock | 07/10/2007 | P | 3,100 | A | $2.4 | 1,936 | D | |||
Common Stock | 07/10/2007 | P | 7,000 | A | $2.42 | 8,936 | D | |||
Common Stock | 07/10/2007 | S | 7,000 | D | $2.42 | 1,936 | D | |||
Common Stock | 07/11/2007 | P | 2,900 | A | $2.3 | 4,836 | D | |||
Common Stock | 07/12/2007 | P | 1,974 | A | $2.4 | 6,810 | D | |||
Common Stock | 07/16/2007 | P | 100 | A | $2.33 | 6,910 | D | |||
Common Stock | 07/16/2007 | S | 2,000 | D | $2.38 | 4,910 | D | |||
Common Stock | 07/18/2007 | P | 3,000 | A | $2.35 | 7,910 | D | |||
Common Stock | 07/18/2007 | P | 700 | A | $2.34 | 8,610 | D | |||
Common Stock | 07/18/2007 | S | 3,000 | D | $2.35 | 5,610 | D | |||
Common Stock | 07/19/2007 | S | 3,500 | D | $2.38 | 2,110 | D |
Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned (e.g., puts, calls, warrants, options, convertible securities) | |||||||||||||||
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1. Title of Derivative Security (Instr. 3) | 2. Conversion or Exercise Price of Derivative Security | 3. Transaction Date (Month/Day/Year) | 3A. Deemed Execution Date, if any (Month/Day/Year) | 4. Transaction Code (Instr. 8) | 5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3, 4 and 5) | 6. Date Exercisable and Expiration Date (Month/Day/Year) | 7. Title and Amount of Securities Underlying Derivative Security (Instr. 3 and 4) | 8. Price of Derivative Security (Instr. 5) | 9. Number of derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr. 4) | 10. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) | 11. Nature of Indirect Beneficial Ownership (Instr. 4) | ||||
Code | V | (A) | (D) | Date Exercisable | Expiration Date | Title | Amount or Number of Shares | ||||||||
Senior Redeemable Convertible Preferred Stock(1) | $3(2) | 06/19/2007 | P | 10,000 | 05/15/2007 | (4) | Common Stock | 3,333,333.333(3) | $1,007.5 | 53,000 | D | ||||
Senior Redeemable Convertible Preferred Stock(1) | $3(2) | 06/21/2007 | P | 3,000 | 05/15/2007 | (4) | Common Stock | 1,000,000(3) | $1,007.5 | 56,000 | D | ||||
Senior Redeemable Convertible Preferred Stock(1) | $3(2) | 06/28/2007 | P | 3,000 | 05/15/2007 | (4) | Common Stock | 1,000,000(3) | $1,010 | 59,000 | D |
Explanation of Responses: |
1. Each share of the Senior Redeemable Convertible Preferred Stock ("SRCPS") was convertible into approximately 333.33 shares of common stock, subject to adjustment, at any time after May 15, 2007 and has no expiration date. Specifically, the SRCPS converts into a number of Common Shares equal to the number of shares of SRCPS multiplied by the quotient of the Liquidation Preference of $1,000 divided by the Conversion Price. On May 1, 2008, the Conversion Price was adjusted to $1.75, which means each SRCPS now converts into approximately 571.43 shares of common stock. This does not include shares which would be deliverable as a make-whole premium for conversions prior to June 1, 2010 to make whole for dividends that would have been payable absent the conversion. As of May 9, 2008, the make-whole premium amounted to 221 common shares for each share of SRCPS. |
2. As set forth in Footnotes (1) and (2), on May 1, 2008, the Conversion Price was adjusted to $1.75. |
3. As set forth in Footnotes (1) and (2), based on the revised adjusted conversion ratio, the number of shares underlying the SRCPS changed as of May 1, 2008. |
4. There is no expiration date. |
UBS AG, /s/ Bert Fuqua, Managing Director | 05/23/2008 | |
UBS AG, /s/ Gordon Kiesling, Executive Director | 05/23/2008 | |
** Signature of Reporting Person | Date | |
Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. | ||
* If the form is filed by more than one reporting person, see Instruction 4 (b)(v). | ||
** Intentional misstatements or omissions of facts constitute Federal Criminal Violations See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). | ||
Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure. | ||
Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB Number. |