-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, VJa/87ZpedTSmARID4t1wG7SNkeBGyYR53v8t4/XSusGW2TygIgmjWDi+JCnbQPo kdILKQ9Ti+FR4OGufBQBdQ== 0001193125-09-244308.txt : 20091201 0001193125-09-244308.hdr.sgml : 20091201 20091130193010 ACCESSION NUMBER: 0001193125-09-244308 CONFORMED SUBMISSION TYPE: SC 13D/A PUBLIC DOCUMENT COUNT: 2 FILED AS OF DATE: 20091201 DATE AS OF CHANGE: 20091130 GROUP MEMBERS: KIRK KERKORIAN SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: DELTA PETROLEUM CORP/CO CENTRAL INDEX KEY: 0000821483 STANDARD INDUSTRIAL CLASSIFICATION: CRUDE PETROLEUM & NATURAL GAS [1311] IRS NUMBER: 841060803 STATE OF INCORPORATION: CO FISCAL YEAR END: 0630 FILING VALUES: FORM TYPE: SC 13D/A SEC ACT: 1934 Act SEC FILE NUMBER: 005-41532 FILM NUMBER: 091213327 BUSINESS ADDRESS: STREET 1: 370 SEVENTEENTH STREET STREET 2: SUITE 4300 CITY: DENVER STATE: CO ZIP: 80202 BUSINESS PHONE: 3032939133 MAIL ADDRESS: STREET 1: 370 SEVENTEENTH STREET STREET 2: SUITE 4300 CITY: DENVER STATE: CO ZIP: 80202 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: TRACINDA CORP CENTRAL INDEX KEY: 0000319029 STANDARD INDUSTRIAL CLASSIFICATION: UNKNOWN SIC - 0000 [0000] IRS NUMBER: 000000000 STATE OF INCORPORATION: NV FISCAL YEAR END: 0131 FILING VALUES: FORM TYPE: SC 13D/A BUSINESS ADDRESS: STREET 1: 150 RODEO DRIVE SUITE 250 CITY: BEVERLY HILLS STATE: CA ZIP: 90212 BUSINESS PHONE: 7027378060 MAIL ADDRESS: STREET 1: 150 RODEO DRIVE SUITE 250 CITY: BEVERLY HILLS STATE: CA ZIP: 90212 SC 13D/A 1 dsc13da.htm SCHEDULE 13D AMENDMENT NO. 17 Schedule 13D Amendment No. 17

 

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

SCHEDULE 13D/A

Under Rule 13d-1 of the Securities Exchange Act of 1934

(Amendment No. 17)

    Delta Petroleum Corporation    

(Name of Issuer)

    Common Stock, par value $.01 per share    

(Title of Class of Securities)

    247907207    

(CUSIP Number)

    Richard Sobelle, Esq.    

    Tracinda Corporation    

    150 South Rodeo Drive, Suite 250    

    Beverly Hills, CA 90212    

    (310) 271-0638    

(Name, Address and Telephone Number of Person Authorized to Receive Notices and Communications)

    November 30, 2009    

(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 §§240.13d-1(e), 240.13d-1(f) or 240.13d-1(g), check the following box.  ¨

Note:  Schedules filed in paper format shall include a signed original and five copies of the schedule, including all exhibits. See §240.13d-7 for other parties to whom copies are to be sent.

 

*   The remainder of this cover page shall be filled out for a reporting person’s initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter disclosures provided in a prior cover page.

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 (“Act”) or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes).

 

 

 

 

CUSIP No. 247907207

 

     
  1.   

Names of Reporting Persons. I.R.S. Identification Nos. of above persons (entities only).

 

    Tracinda Corporation

     
  2.  

Check the Appropriate Box if a Member of a Group (See Instructions)

(a)  ¨        (b)  ¨

 

     
  3.  

SEC Use Only

 

     
  4.  

Source of Funds (See Instructions)

 

    N/A

     
  5.  

Check if Disclosure of Legal Proceedings Is Required Pursuant to Items 2(d) or 2(e)

 

    ¨
  6.  

Citizenship or Place of Organization

 

    Nevada

     

Number of

Shares

Beneficially

Owned by

Each

Reporting

Person

With

      7.    

Sole Voting Power

 

    93,797,701

     
     8.   

Shared Voting Power

 

     
     9.   

Sole Dispositive Power

 

    93,797,701

     
   10.   

Shared Dispositive Power

 

     

11.

  

Aggregate Amount Beneficially Owned by Each Reporting Person

 

    93,797,701

     

12.

  

Check if the Aggregate Amount in Row (11) Excludes Certain Shares (See Instructions)

 

    ¨

13.

  

Percent of Class Represented by Amount in Row (11)

 

    33.9%*

     

14.

  

Type of Reporting Person (See Instructions)

 

    CO

     

 

* Percentage calculated on the basis of 276,698,885 shares of common stock issued and outstanding as of November 1, 2009, based upon information set forth in the Issuer’s Quarterly Report on Form 10-Q for the quarterly period ended September 30, 2009.

 

2

 

CUSIP No. 247907207

 

     
  1.   

Names of Reporting Persons. I.R.S. Identification Nos. of above persons (entities only).

 

    Kirk Kerkorian

     
  2.  

Check the Appropriate Box if a Member of a Group (See Instructions)

(a)  ¨        (b)  ¨

 

     
  3.  

SEC Use Only

 

     
  4.  

Source of Funds (See Instructions)

 

    N/A

     
  5.  

Check if Disclosure of Legal Proceedings Is Required Pursuant to Items 2(d) or 2(e)

 

    ¨
  6.  

Citizenship or Place of Organization

 

    United States

     

Number of

Shares

Beneficially

Owned by

Each

Reporting

Person

With

      7.    

Sole Voting Power

 

    93,797,701

     
     8.   

Shared Voting Power

 

     
     9.   

Sole Dispositive Power

 

    93,797,701

     
   10.   

Shared Dispositive Power

 

     

11.

  

Aggregate Amount Beneficially Owned by Each Reporting Person

 

    93,797,701

     

12.

  

Check if the Aggregate Amount in Row (11) Excludes Certain Shares (See Instructions)

 

    ¨

13.

  

Percent of Class Represented by Amount in Row (11)

 

    33.9%*

     

14.

  

Type of Reporting Person (See Instructions)

 

    IN

     

 

* Percentage calculated on the basis of 276,698,885 shares of common stock issued and outstanding as of November 1, 2009, based upon information set forth in the Issuer’s Quarterly Report on Form 10-Q for the quarterly period ended September 30, 2009.

 

3

This Amendment No. 17 amends and supplements that certain Schedule 13D filed on February 26, 2008 and previously amended on June 11, 2008, June 19, 2008, July 9, 2008, September 3, 2008, November 7, 2008, November 14, 2008, November 25, 2008, December 5, 2008, March 3, 2009, March 27, 2009, May 1, 2009, May 6, 2009, May 13, 2009, May 19, 2009, May 28, 2009 and August 5, 2009 and as amended by those certain Schedule TO-C’s filed on October 31, 2008 and November 7, 2008 with the Securities and Exchange Commission by Tracinda Corporation, a Nevada corporation (“Tracinda”), and Kirk Kerkorian, an individual and the sole shareholder of Tracinda (as so amended, the “Schedule 13D”). Capitalized terms used herein and not otherwise defined in this Amendment No. 17 shall have the meaning set forth in the Schedule 13D. Except as specifically set forth herein, the Schedule 13D remains unmodified.

 

Item 4. Purpose of Transaction.

Item 4 of the Schedule 13D is hereby amended to add the following information:

On November 30, 2009, Delta Petroleum issued a press release, a copy of which is attached as exhibit 19 and incorporated herein by this reference, in which it indicated that it has engaged Morgan Stanley and Evercore Partners to evaluate and advise its Board of Directors on strategic alternatives to enhance shareholder value. Tracinda agrees with Delta Petroleum’s action described in the press release.

 

4

SIGNATURE

After reasonable inquiry and to the best of the undersigned’s knowledge and belief, the undersigned certifies that the information set forth in this statement is true, complete and correct.

 

November 30, 2009    
  TRACINDA CORPORATION
  By:  

/s/    ANTHONY L. MANDEKIC        

    Anthony L. Mandekic
    Secretary/Treasurer
  KIRK KERKORIAN
  By:  

/s/    ANTHONY L. MANDEKIC        

    Anthony L. Mandekic
    Attorney-in-Fact *

 

* Power of Attorney, dated February 13, 2008, previously filed as Exhibit 3 to the Schedule 13D.

 

5

EX-19 2 dex19.htm DELTA PETROLEUM CORP. ANNOUNCES REVIEW OF STRATEGIC ALTERNATIVES Delta Petroleum Corp. Announces Review of Strategic Alternatives

EXHIBIT 19

DELTA PETROLEUM CORPORATION ANNOUNCES REVIEW OF STRATEGIC ALTERNATIVES

DENVER, Nov. 30 /PRNewswire-FirstCall/ — Delta Petroleum Corporation (NASDAQ: DPTR), an independent oil and gas exploration and development company (“Delta” or the “Company”), announced today that it has retained Morgan Stanley and Evercore Partners to evaluate and advise the Board of Directors on strategic alternatives to enhance shareholder value. This will include, but not be limited to, exploring the sale of some or all of the Company’s assets, partnerships and joint venture opportunities, and the sale of the entire Company.

There is no assurance that this review will result in Delta changing its business plan, pursuing any particular transaction, or, if it pursues any such transaction, that it will be completed. The Company does not expect to make further public comment regarding the review until the Board of Directors has approved a specific transaction or otherwise determines that disclosure of significant developments is appropriate.

ABOUT DELTA PETROLEUM

Delta Petroleum Corporation is an oil and gas exploration and development company based in Denver, Colorado. The Company’s core areas of operations are the Gulf Coast and Rocky Mountain regions, which comprise the majority of its proved reserves, production and long-term growth prospects. The Company has a significant drilling inventory that consists of proved and unproved locations, the majority of which are located in its Rocky Mountain development projects. Its common stock is traded on the NASDAQ Global Market under the symbol “DPTR.”

FORWARD-LOOKING STATEMENTS

Forward-looking statements in this announcement are made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements include, without limitation, results of the consideration of strategic alternatives. Readers are cautioned that all forward-looking statements are based on management’s present expectations, estimates and projections, but involve risks and uncertainty including, without limitation, uncertainties in the projection of future rates of production, unanticipated recovery or production problems, unanticipated results from wells being drilled or completed, the effects of delays in completion of gas gathering systems, pipelines and processing facilities, as well as general market conditions, competition and pricing. Please refer to the Company’s report on Form 10-K for the year ended December 31, 2008 and subsequent reports on Forms 10-Q and 8-K as filed with the Securities and Exchange Commission for additional information. The Company is under no obligation (and expressly disclaims any obligation) to update or alter its forward-looking statements, whether as a result of new information, future events or otherwise.

For further information contact the Company at (303) 293-9133 or via email at info@deltapetro.com

SOURCE: Delta Petroleum Corporation

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