Edward S. Horton, Esq.
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Seward & Kissel LLP
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One Battery Park Plaza
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New York, New York 10004
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Transaction Valuation*
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Amount of
Filing Fee**
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$
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15,000,000.00
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$
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1,390.50
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* |
Estimated for purposes of calculating the amount of the filing fee only, this amount is based on the purchase of 3,529,411 shares of common stock at the tender offer price of
$4.25 per share.
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** |
The Amount of Filing Fee, calculated in accordance with Rule 0-11(b) of the Securities Exchange Act of 1934, as amended, equals $92.70 for each $1,000,000.00 of the value of
the transaction. This fee was previously paid in connection with the initial filing of the Schedule TO on November 22, 2021.
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◻ |
Check the box if any part of the filing fee is offset as provided by Rule 0-11(a)(2) and identify the filing with which the offsetting fee was previously paid. Identify the
previous filing by registration statement number, or the Form or Schedule and the date of its filing.
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Amount Previously Paid: N/A
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Filing Party: N/A
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Form or Registration No.: N/A
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Date Filed: N/A
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◻ |
Check the box if the filing relates solely to preliminary communications made before the commencement of a tender offer.
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◻
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third party tender offer subject to Rule 14d-1.
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⌧
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issuer tender offer subject to Rule 13e-4.
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◻
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going private transaction subject to Rule 13e-3.
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◻
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amendment to Schedule 13D under Rule 13d-2.
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◻
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Rule 13e-4(i) (Cross-Border Issuer Tender Offer)
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◻
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Rule 14d-1(d) (Cross-Border Third-Party Tender Offer)
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(a)(1)(A)*
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Offer to Purchase dated November 22, 2021.
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(a)(1)(B)*
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Letter of Transmittal.
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(a)(1)(C)*
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Notice of Guaranteed Delivery.
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(a)(1)(D)*
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Letter to Brokers, Dealers, Commercial Banks, Trust Companies and Other Nominees dated November 22, 2021.
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(a)(1)(E)*
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Letter to Clients for use by Brokers, Dealers, Commercial Banks, Trust Companies and Other Nominees dated November 22, 2021.
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(a)(1)(F)*
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Press Release dated November 22, 2021.
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(a)(1)(G)*
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Press Release dated December 22, 2021.
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(a)(1)(H)**
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Press Release dated December 27, 2021.
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(a)(2)
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Not Applicable.
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(a)(3)
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Not Applicable.
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(a)(4)
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Not Applicable.
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(a)(5)
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Not Applicable.
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(b)
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Not Applicable.
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(d)(1)*
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Stockholders Rights Agreement dated January 15, 2016, incorporated by reference to Exhibit 4.1 to the Company's Form 8-A12B/A filed on January 15, 2016.
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(d)(2)
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Not Applicable.
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(g)
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Not Applicable.
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(h)
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Not Applicable.
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Date: December 27, 2021
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DIANA SHIPPING INC.
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By:
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/s/ Semiramis Paliou
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Name:
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Semiramis Paliou
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Title:
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Director and Chief Executive Officer
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(a)(1)(A)*
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(a)(1)(B)*
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(a)(1)(C)*
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(a)(1)(D)*
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(a)(1)(E)*
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(a)(1)(F)*
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(a)(1)(G)*
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(a)(1)(H)**
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(a)(2)
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Not Applicable.
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(a)(3)
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Not Applicable.
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(a)(4)
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Not Applicable.
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(a)(5)
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Not Applicable.
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(b)
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Not Applicable.
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(d)(1)*
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(d)(2)
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Not Applicable.
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(g)
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Not Applicable.
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(h)
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Not Applicable.
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Corporate Contact:
Ioannis Zafirakis
Director, Chief Financial Officer, Chief Strategy Officer, Treasurer and Secretary
Telephone: + 30-210-9470-100
Email: izafirakis@dianashippinginc.com
Website: www.dianashippinginc.com
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Twitter: @Dianaship
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Investor and Media Relations:
Edward Nebb
Comm-Counsellors, LLC
Telephone: + 1-203-972-8350
Email: enebb@optonline.net
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