This Amendment No. 5 (this “Amendment”) amends certain information set forth the Schedule 13D filed with the Securities and Exchange Commission (the “Commission”) on December 20, 1996, as amended by Amendment No. 1 on September 27, 1999, as amended by Amendment No. 2 on November 18, 1999, as amended by Amendment No. 3 on January 11, 2008, as amended by Amendment No. 4 on April 12, 2010 (as amended, the “Schedule 13D”), by Lawrence J. Cohen, Milton Neustadter, Jay Chazanoff, Ron Jacobs, Stephen Simms and Peter Gray, relating to the common stock, par value $.01 per share (the “Common Stock”), of DVL, Inc., a Delaware corporation (the “Issuer”). Capitalized terms used and not defined herein shall have the meanings attributed to them in the Schedule 13D.
This Amendment is being filed solely to provide that in accordance with Rule 13d-5(b)(1) of the Securities Exchange Act of 1934, each member of the group is deemed to beneficially own all of the shares of Common Stock owned by each other member of the group.
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Item 5.
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Interest in Securities of the Issuer.
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The information set forth in Item 5 of the Schedule 13D is hereby amended and supplemented by the following information to the respective paragraphs thereof.
(a) Pursuant to Rule 13d-5(b)(1) of the Securities Exchange Act of 1934, the aggregate number of shares of Common Stock beneficially owned by each of the persons filing this Amendment as of the date of this Amendment is 12,243,850 shares, or 27.2% of the outstanding Common Stock.
(b) As of the date of this Amendment, Mr. Cohen possesses: (i) the sole power to vote 4,691,397 shares of Common Stock; (ii) the shared power to vote 0 shares of Common Stock; (iii) the sole power to dispose of 4,691,397 shares of Common Stock; and (iv) the shared power to dispose of 0 shares of Common Stock.
As of the date of this Amendment, Mr. Neustadter possesses: (i) the sole power to vote 639,761 shares of Common Stock; (ii) the shared power to vote 0 shares of Common Stock; (iii) the sole power to dispose of 639,761 shares of Common Stock, and (iv) the shared power to dispose of 0 shares of Common Stock.
As of the date of this Amendment, Mr. Chazanoff possesses: (i) the sole power to vote 2,857,606 shares of Common Stock; (ii) the shared power to vote 0 shares of Common Stock; (iii) the sole power to dispose of 2,857,606 shares of Common Stock; and (iv) the shared power to dispose of 0 shares of Common Stock.
As of the date of this Amendment, Mr. Jacobs possesses: (i) the sole power to vote 1,936,782 shares of Common Stock; (ii) the shared power to vote 0 shares of Common Stock; (iii) the sole power to dispose of 1,936,782 shares of Common Stock; and (iv) the shared power to dispose of 0 shares of Common Stock.
As of the date of this Amendment, Mr. Simms possesses: (i) the sole power to vote 1,795,381 shares of Common Stock; (ii) the shared power to vote 0 shares of Common Stock; (iii) the sole power to dispose of 1,795,381 shares of Common Stock; and (iv) the shared power to dispose of 0 shares of Common Stock.
