0001123292-12-000814.txt : 20120806 0001123292-12-000814.hdr.sgml : 20120806 20120806182526 ACCESSION NUMBER: 0001123292-12-000814 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20120802 FILED AS OF DATE: 20120806 DATE AS OF CHANGE: 20120806 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Berk Howard M CENTRAL INDEX KEY: 0001456517 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-15283 FILM NUMBER: 121010891 MAIL ADDRESS: STREET 1: 645 FIFTH AVENUE STREET 2: 21ST FLOOR CITY: NEW YORK STATE: NY ZIP: 10022 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: DineEquity, Inc CENTRAL INDEX KEY: 0000049754 STANDARD INDUSTRIAL CLASSIFICATION: PATENT OWNERS & LESSORS [6794] IRS NUMBER: 953038279 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 450 N BRAND BLVD 3RD FLR CITY: GLENDALE STATE: CA ZIP: 91203-1903 BUSINESS PHONE: 818-240-6055 MAIL ADDRESS: STREET 1: 450 N. BRAND BLVD, 7TH FLOOR CITY: GLENDALE STATE: CA ZIP: 91203 FORMER COMPANY: FORMER CONFORMED NAME: IHOP CORP DATE OF NAME CHANGE: 19940204 4 1 edgar.xml PRIMARY DOCUMENT X0306 4 2012-08-02 0000049754 DineEquity, Inc DIN 0001456517 Berk Howard M 645 FIFTH AVENUE, 21ST FLOOR NEW YORK NY 10022 1 0 0 0 Total Return Equity Swap 52.50 2012-08-02 4 X 1 120188 16.5972 D 2012-08-02 2018-09-17 Common Stock 120188 0 I See Footnotes Total Return Equity Swap 52.50 2012-08-02 4 X 1 36180 9.8398 D 2012-08-02 2018-09-17 Common Stock 36180 0 I See Footnotes Total Return Equity Swap 52.50 2012-08-02 4 X 1 128400 9.0019 D 2012-08-02 2018-09-17 Common Stock 128400 0 I See Footnotes On August 2, 2012, MSD SBI, L.P. ("MSD SBI") exercised its right to terminate and close out of each of its cash-settled total equity swap agreements ("Swaps") with Citibank, NA New York entered into on September 17, 2008, October 28, 2008 and November 20, 2008, respectively, covering an aggregate of 284,768 shares of the Issuer's Common Stock. The Swaps were settled at a price of $52.50. Represents securities owned by MSD SBI, MSD Capital, L.P. ("MSD Capital") is the general partner of MSD SBI and may be deemed to beneficially own securities owned by MSD SBI. MSD Capital Management LLC ("MSD Capital Management") is the general partner of MSD Capital and may be deemed to beneficially own securities owned by MSD Capital. Each of Glenn R. Fuhrman, John C. Phelan and Marc R. Lisker is a manager of MSD Capital Management and may be deemed to beneficially own securities owned by MSD Capital Management. Michael S. Dell is the controlling member of MSD Capital Management and may be deemed to beneficially own securities owned by MSD Capital Management. Each of Messrs. Dell, Fuhrman, Phelan and Lisker disclaims beneficial ownership of such securities except to the extent of any pecuniary interest therein. The Reporting Person is an employee of MSD Capital and may be deemed to beneficially own securities owned by MSD Capital. The Reporting Person states that neither the filing of this statement nor anything herein shall be deemed an admission that such person is, for purposes of Section 16 of the Securities Exchange Act of 1934, as amended, or otherwise, the beneficial owner of any securities covered by this statement.The Reporting Person disclaims beneficial ownership of the securities covered by this statement, except to the extent of the pecuniary interest of such person in such securities. /s/ Howard M. Berk 2012-08-06