|
FORM 4
[ ]
Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue.
See
Instruction 1(b).
|
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
|
OMB APPROVAL
OMB Number: 3235-0287 Expires: January 31, 2008 Estimated average burden hours per response... 0.5 |
|
|
Utility Holding Company Act of 1935 or Section 30(f) of the Investment Company Act of 1940 |
|
|
1. Name and Address of Reporting Person
*
CREER FRANK |
2. Issuer Name
and
Ticker or Trading Symbol
DIVX INC [ DIVX ] |
5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
__ X __ Director __ X __ 10% Owner _____ Officer (give title below) _____ Other (specify below) |
|
241 S. FIGUEROA STREET, SUITE 340 |
3. Date of Earliest Transaction
(MM/DD/YYYY)
|
|
|
LOS ANGELES, CA 90012 |
4. If Amendment, Date Original Filed
(MM/DD/YYYY)
|
6. Individual or Joint/Group Filing
(Check Applicable Line)
_ X _ Form filed by One Reporting Person ___ Form filed by More than One Reporting Person |
|
Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned |
||||||||||
|
1.Title of Security
(Instr. 3) |
2. Trans. Date | 2A. Deemed Execution Date, if any |
3. Trans. Code
(Instr. 8) |
4. Securities Acquired (A) or Disposed of (D)
(Instr. 3, 4 and 5) |
5. Amount of Securities Beneficially Owned Following Reported Transaction(s)
(Instr. 3 and 4) |
6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) | 7. Nature of Indirect Beneficial Ownership (Instr. 4) | |||
| Code | V | Amount | (A) or (D) | Price | ||||||
| Common Stock | 9/27/2006 | C | 2389862 | A | (1) | 2988642 | I | See Footnote (4) | ||
| Common Stock | 9/27/2006 | C | 4104797 | A | (2) | 7093439 | I | See Footnote (5) | ||
| Common Stock | 9/27/2006 | C | 613377 | A | (3) | 7706816 | I | See Footnote (6) | ||
|
Table II - Derivative Securities Beneficially Owned ( e.g. , puts, calls, warrants, options, convertible securities) |
|||||||||||||||
|
1. Title of Derivate Security
(Instr. 3) |
2. Conversion or Exercise Price of Derivative Security | 3. Trans. Date | 3A. Deemed Execution Date, if any |
4. Trans. Code
(Instr. 8) |
5. Number of Derivative Securities Acquired (A) or Disposed of (D)
(Instr. 3, 4 and 5) |
6. Date Exercisable and Expiration Date |
7. Title and Amount of Securities Underlying Derivative Security
(Instr. 3 and 4) |
8. Price of Derivative Security
(Instr. 5) |
9. Number of derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr. 4) | 10. Ownership Form of Derivative Security: Direct (D) or Indirect (I) (Instr. 4) | 11. Nature of Indirect Beneficial Ownership (Instr. 4) | ||||
| Code | V | (A) | (D) | Date Exercisable | Expiration Date | Title | Amount or Number of Shares | ||||||||
| Series A Preferred Stock | (1) | 9/27/2006 | C | 3200012 | (1) | (1) | Common Stock | 2389862 | $0 | 0 | I | See Footnote (4) | |||
| Series B Preferred Stock | (2) | 9/27/2006 | C | 8209596 | (2) | (2) | Common Stock | 4104797 | $0 | 0 | I | See Footnote (5) | |||
| Series C Preferred Stock | (3) | 9/27/2006 | C | 1226758 | (3) | (3) | Common Stock | 613377 | $0 | 0 | I | See Footnote (6) | |||
|
Reporting Owners
|
|||||
| Reporting Owner Name / Address |
|
||||
| Director | 10% Owner | Officer | Other | ||
|
CREER FRANK
241 S. FIGUEROA STREET, SUITE 340 LOS ANGELES, CA 90012 |
X | X |
|
|
|
|
Signatures
|
||
| /s/ Frank M. Creer | 9/29/2006 | |
| ** Signature of Reporting Person |
Date
|
|
| Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. | |
| * | If the form is filed by more than one reporting person, see Instruction 4(b)(v). |
| ** | Intentional misstatements or omissions of facts constitute Federal Criminal Violations. See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). |
| Note: | File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure. |
| Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number. | |
Exhibit 99.1
(4) The shares of Common Stock issuable upon conversion of the Series A Preferred Stock are held directly by the Reporting Persons as follows: 1,792,400 shares held by Zone Venture Fund II, L.P., 298,731 shares held by Draper Atlantic Venture Fund II, L.P., and 298,731 shares held by the Timothy Draper Living Trust. In their capacities as officers, managers and trustees of certain of the afore listed reporting entities and trusts, each of Frank Creer, Timothy Draper, John Backus, Jim Lynch, Thanasis Delistathis and Melissa Draper may be deemed to beneficially own the shares. Each of Frank Creer, Timothy Draper, John Backus, Jim Lynch, Thanasis Delistathis and Melissa Draper disclaim beneficial ownership of these shares except to the extent of his or her pecuniary interest therein.
(5) The shares of Common Stock issuable upon conversion of the Series B Preferred Stock are held directly by the Reporting Persons as follows: 2,561,506 shares held by Zone Venture Fund II, L.P., 1,116,378 shares held by Draper Atlantic Venture Fund II, L.P., 316,721 shares held by the Timothy Draper Living Trust, and 110,192 shares held by JABE, LLC. In their capacities as officers, managers and trustees of certain of the afore listed reporting entities and trusts, each of Frank Creer, Timothy Draper, John Backus, Jim Lynch, Thanasis Delistathis and Melissa Draper may be deemed to beneficially own the shares. Each of Frank Creer, Timothy Draper, John Backus, Jim Lynch, Thanasis Delistathis and Melissa Draper disclaim beneficial ownership of these shares except to the extent of his or her pecuniary interest therein.
(6) The shares of Common Stock issuable upon conversion of the Series C Preferred Stock are held directly by the Reporting Persons as follows: 215,220 shares held by Zone Venture Fund II, L.P., 64,566 shares held by Draper Atlantic Venture Fund, L.P., 129,132 shares held by Draper Atlantic Venture Fund II, L.P., 150,654 shares held by Draper Atlantic Opportunity Fund, L.P., and 53,805 shares held by the Timothy Draper Living Trust. In their capacities as officers, managers and trustees of certain of the afore listed reporting entities and trusts, each of Frank Creer, Timothy Draper, John Backus, Jim Lynch, Thanasis Delistathis and Melissa Draper may be deemed to beneficially own the shares. Each of Frank Creer, Timothy Draper, John Backus, Jim Lynch, Thanasis Delistathis and Melissa Draper disclaim beneficial ownership of these shares except to the extent of his or her pecuniary interest therein.