-----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, Jtt9AfYm0JarWdVQgLu78YTeigFShxaInyZpLabaOHU9Y37iU1tRLYnP8GG5Ta+t mM9e9t1AkImb8YP5OvGRuw== 0000950138-07-000914.txt : 20071113 0000950138-07-000914.hdr.sgml : 20071112 20071113160840 ACCESSION NUMBER: 0000950138-07-000914 CONFORMED SUBMISSION TYPE: 3 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20071031 FILED AS OF DATE: 20071113 DATE AS OF CHANGE: 20071113 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: DYADIC INTERNATIONAL INC CENTRAL INDEX KEY: 0001213809 STANDARD INDUSTRIAL CLASSIFICATION: INDUSTRIAL ORGANIC CHEMICALS [2860] IRS NUMBER: 450486747 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 140 INTRACOASTAL POINTE DRIVE STREET 2: SUITE 404 CITY: JUPITER STATE: FL ZIP: 33477 BUSINESS PHONE: 561-743-8333 MAIL ADDRESS: STREET 1: 140 INTRACOASTAL POINTE DRIVE STREET 2: SUITE 404 CITY: JUPITER STATE: FL ZIP: 33477 FORMER COMPANY: FORMER CONFORMED NAME: CCP WORLDWIDE INC DATE OF NAME CHANGE: 20030110 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: PINNACLE FUND L P CENTRAL INDEX KEY: 0000915861 STATE OF INCORPORATION: TX FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-32513 FILM NUMBER: 071238293 BUSINESS ADDRESS: STREET 1: 12900 PRESTON RD STE 420 CITY: DALLAS STATE: TX ZIP: 75230 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: KITT BARRY M CENTRAL INDEX KEY: 0001165244 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-32513 FILM NUMBER: 071238294 BUSINESS ADDRESS: STREET 1: 4965 PRESTON PARK BLVD. STREET 2: SUITE 240 CITY: PLANO STATE: TX ZIP: 75093 BUSINESS PHONE: 9729852121 3 1 nov13_kitt-dyadic3ex.xml PINNACLE CHINA\2007\NOV 13 KITT-DYADIC-3 X0202 3 2007-10-31 0 0001213809 DYADIC INTERNATIONAL INC DIL 0001165244 KITT BARRY M C/O THE PINNACLE FUND, L.P. 4965 PRESTON PARK BLVD., SUITE 240 PLANO TX 75093 0 0 1 0 0000915861 PINNACLE FUND L P 4965 PRESTON PARK BLVD., SUITE 240 PLANO TX 75093 0 0 1 0 Common Stock, par value $0.001 per share 1790572 I By: The Pinnacle Fund, L.P. Warrants to purchase shares of Common Stock 6.33 2010-06-01 Common Stock, par value $0.001 per share 68700 I By: The Pinnacle Fund, L.P. The Reporting Persons are filing this Form 3 with respect to that certain Voting Agreement dated as of October 31, 2007 of which The Pinnacle Fund, L.P., a Texas limited partnership ("Pinnacle") is a party (which was filed as an exhibit to the Schedule 13D filed on November 13, 2007 (the "Schedule 13D")). The Reporting Persons may be deemed to have shared power to vote or to direct the vote of the shares of common stock (including shares of common stock issuable upon exercise or conversion of derivative securities exercisable or convertible within 60 days) which are the subject of such Voting Agreement (collectively, the "Subject Shares"). The Subject Shares are described in the Schedule 13D. The Reporting Persons may be deemed to have beneficial ownership over the Subject Shares as a result of the Voting Agreement. Neither the filing of this Form 3 nor any of its contents shall be deemed to constitute an admission by the Reporting Persons that they are the beneficial owners of shares of the Issuer's common stock held by the other parties to the Voting Agreement for the purposes of Section 16 of the Securities Exchange Act of 1934, as amended or for any other purpose. Barry M. Kitt exercises investment discretion and control over the shares of common stock of the issuer held by Pinnacle. Mr. Kitt may be deemed to be the beneficial owner of the shares of common stock beneficially owned by Pinnacle. Mr. Kitt hereby disclaims beneficial ownership of the shares of common stock reported herein, and this Form 3 shall not be deemed to be an admission that Mr. Kitt is the beneficial owner of the shares of common stock reported herein for purposes of Section 16 of the Securities Exchange Act of 1934, as amended or for any other purpose. This Form 3 is filed on behalf of Pinnacle and Barry M. Kitt. Pinnacle Advisers, L.P. ("Advisers") is the general partner of Pinnacle. Pinnacle Fund Management, LLC ("Management") is the general partner of Advisers. Mr. Kitt is the sole member of Management. Pinnacle is the direct beneficial owner of 1,790,572 shares of common stock of the Issuer. While the warrants reported on Table II of this Form 3 are exercisable immediately, such warrants are subject to exercise limitations that preclude the holder thereof from utilizing its exercise rights to the extent that it would beneficially own (determined in accordance with Section 13(d) of the Securities Exchange Act of 1934) in excess of 9.999% of the common stock, giving effect to such exercise. THE PINNACLE FUND, L.P., By: Pinnacle Advisers, L.P., its general partner, By: Pinnacle Fund Management, LLC, its general partner, By: /s/ Barry M. Kitt, its sole member 2007-11-13 /s/ Barry M. Kitt 2007-11-13 -----END PRIVACY-ENHANCED MESSAGE-----