Page 8 of 10 – SEC Filing
| CUSIP No. 25065K104 | SCHEDULE 13D/A | PAGE 8 OF 10 PAGES |
Because RMCP GP may be deemed to control RMP, RMCP GP may be deemed to beneficially own, and
to have the power to vote or direct the vote of, and the sole power to dispose or direct the disposition of, 7,522,354 shares of Common Stock, representing approximately 15.2% of the outstanding Common Stock.
RMCP LLC beneficially owns directly 325,115 shares of Common Stock, which represent approximately 0.7% of the outstanding Common Stock. RMCP
LLC has the sole power to vote or direct the vote, and the sole power to dispose or direct the disposition, of all such 325,115 shares of Common Stock. In addition, because RMCP LLC may be deemed to control RMCP GP and RMP, RMCP LLC may be deemed to
beneficially own, and to have the power to vote or direct the vote of, or dispose or direct the disposition of, all of the Common Stock beneficially owned by RMCP GP and RMP. As a result, RMCP LLC may be deemed to beneficially own, in the aggregate,
7,847,469 shares of Common Stock, representing approximately 15.8% of the outstanding Common Stock.
Because each of RMCM and
Mr. Mesdag may be deemed to control RMP, RMCP GP and RMCP LLC, RMCM and Mr. Mesdag may be deemed to beneficially own, and to have the power to vote or direct the vote of, or dispose or direct the disposition of, all of the Common Stock
beneficially owned by RMP, RMCP GP and RMCP LLC. Therefore, each of Mr. Mesdag and RMCM may be deemed to beneficially own, in the aggregate, 7,847,469 shares of Common Stock, which represent approximately 15.8% of the outstanding Common Stock.
In addition to any shares of Common Stock beneficially owned directly by RMP and RMCP LLC, Mr. Mesdag may be deemed to own the 15,000
shares of Common Stock receivable upon exercise of the Director Options, all of which are currently exercisable, as well as the 34,174 shares of Common Stock receivable upon settlement of the Deferred Stock as a result of a separation of service
from the Board. As a result, Mr. Mesdag may be deemed to beneficially own, in the aggregate, 7,896,643 shares of Common Stock, which represent approximately 15.9% of the outstanding Common Stock.
Each of RMCP LLC, RMP and RMCP GP affirms membership in a group with each other but disclaims membership in a group with RMCM or
Mr. Mesdag. Each of RMCM and Mr. Mesdag disclaims membership in a group with any person.
The filing of this Schedule 13D shall
not be construed as an admission that any Reporting Person is the beneficial owner of any of the shares of Common Stock that such Reporting Person may be deemed to beneficially own. Without limiting the foregoing sentence, each of RMCM and
Mr. Mesdag disclaims beneficial ownership of all shares of Common Stock reported as beneficially owned by RMP or RMCP LLC in this Schedule 13D, and RMCM disclaims beneficial ownership of all shares of Common Stock reported in this Schedule 13D.
In addition, the filing of this Schedule 13D shall not be construed as an admission that any partner, member, director, officer or affiliate of any Reporting Person is the beneficial owner of any of the shares of Common Stock that such partner,
member, director, officer or affiliate may be deemed to beneficially own. Without limiting the foregoing sentence, Mr. Teets disclaims beneficial ownership of all shares of Common Stock reported in this Schedule 13D.
Item 5(c) of this Schedule 13D is hereby amended to include the following information:
| (c) | During the past sixty days, Destination XL issued to Mr. Mesdag, in the aggregate, 13,225 shares of Deferred Stock in connection with his service on the Board, as described in Item 3 above. |
