X0202 3 2007-02-01 0 0001262200 DAYSTAR TECHNOLOGIES INC DSTI 0000851909 MILLENNIUM PARTNERS, L.P. C/O MILLENNIUM MANAGEMENT, L.L.C. 666 FIFTH AVENUE, 8TH FLOOR NEW YORK NY 10103-0899 0 0 1 0 0001132413 MILLENCO, L.L.C. C/O MILLENNIUM MANAGEMENT, L.L.C. 666 FIFTH AVENUE, 8TH FLOOR NEW YORK NY 10103-0899 0 0 0 1 May be deemed as group member. 0001273087 MILLENNIUM MANAGEMENT, L.L.C. 666 FIFTH AVENUE, 8TH FLOOR NEW YORK NY 10103-0899 0 0 0 1 May be deemed as group member. 0001017456 ENGLANDER ISRAEL A C/O MILLENNIUM MANAGEMENT, L.L.C. 666 FIFTH AVENUE, 8TH FLOOR NEW YORK NY 10103-0899 0 0 0 1 May be deemed as group member. Common Stock, par value $0.01 per share ("Common Stock") 1500000 D Class B public warrant ("Class B Warrants") 10.00 2004-03-22 2009-02-11 Common Stock 10789 D This statement is being filed by Millennium Partners, L.P. ("Millennium Partners") and Millenco, L.L.C., formerly known as Millenco, L.P. ("Millenco"). Millennium Management, L.L.C. ("Millennium Management") is the managing partner of Millennium Partners and the manager of Millenco, and consequently may be deemed to have voting control and investment discretion over securities owned by Millennium Partners and by Millenco. Israel A. Englander ("Mr. Englander") is the managing member of Millennium Management. As a result, Mr. Englander may be deemed to be the beneficial owner of any shares deemed to be beneficially owned by Millennium Management. The foregoing should not be construed in and of itself as an admission by Millennium Management or Mr. Englander as to beneficial ownership of the shares owned by Millennium Partners or by Millenco. As a result of its entry into that certain Securities Purchase Agreement ("Securities Purchase Agreement") dated as of January 19, 2007 among the Issuer, Millennium Partners and certain other purchasers, Millennium Partners, under Rule 13d-3 of the Securities and Exchange Act of 1934, as amended ("Rule 13d-3"), may be deemed to be the beneficial owner of 1,500,000 shares of Common Stock (the "Private Placement Shares") as it had the right to acquire the Private Placement Shares within 60 days of February 1, 2007, the date on which material conditions to the closing of the purchase of the Private Placement Shares by Millennium Partners ceased to exist or were solely under Millennium Partners' control. Millenco, L.L.C. is the beneficial owner of 10,789 Class B public warrants ("Class B Warrants") currently exercisable into shares of Common Stock. Each Class B Warrant entitles the holder to purchase one share of the Issuer's Common Stock at a price of $10.00 per share. The Class B Warrants became exercisable on March 22, 2004 and will expire on February 11, 2009. The Issuer does not have the right to redeem the Class B Warrants. Millennium Partners does not have voting or dispositive power over the securities positions of Millenco and thus should not be deemed to be a beneficial owner of the Class B Warrants. * MILLENNIUM PARTNERS, L.P., By: Millennium Management, L.L.C., its managing partner Terry Feeney, Chief Operating Officer 2007-02-12