SC 13G/A: Statement of Beneficial Ownership by Certain Investors
Published on
CUSIP No.
243537107
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
WASHINGTON,
D.C. 20549
SCHEDULE
13G
Under
the Securities Exchange Act of 1934
(Amendment
No. 1)
Deckers
Outdoor Corporation
(Name of
Issuer)
Common
Stock
(Title of
Class of Securities)
243537107
(CUSIP
Number)
December
31, 2009
(Date of
Event Which Requires Filing of this Statement)
Check the
appropriate box to designate the rule pursuant to which this Schedule is
filed:
[ X ] Rule
13d-1(b)
[ ] Rule
13d-1(c)
[ ] Rule
13d-1(d)
* 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 the
disclosures provided in a prior cover page.
The
information required in 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).
Potential
persons who are to 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.
SEC
1
CUSIP No.
243537107
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1.
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Names
of Reporting Persons.
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Apex
Capital, LLC
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2.
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Check
the Appropriate Box if a Member of a Group (See
Instructions)
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(a)
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(b)
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X
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3.
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SEC
Use Only
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4.
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Citizenship
or Place of Organization
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California
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Number
of
Shares
Beneficially
Owned
by
Each
Reporting
Person
With:
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5. Sole
Voting
Power 0
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6. Shared
Voting
Power 600,000
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7. Sole
Dispositive
Power 0
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8. Shared
Dispositive
Power 600,000
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9.
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Aggregate
Amount Beneficially Owned by Each Reporting Person600,000
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10.
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Check
if the Aggregate Amount in Row (9) Excludes Certain Shares
(See
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Instructions)______
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11.
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Percent
of Class Represented by Amount in Row (9)
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4.6%
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12.
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Type
of Reporting Person (See Instructions)
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OO,
IA
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2
CUSIP No.
243537107
|
|
1.
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Names
of Reporting Persons.
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Sanford
J. Colen
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2.
|
Check
the Appropriate Box if a Member of a Group (See
Instructions)
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(a)
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(b)
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X
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3.
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SEC
Use Only
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|
4.
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Citizenship
or Place of Organization
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United
States
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Number
of
Shares
Beneficially
Owned
by
Each
Reporting
Person
With:
|
5. Sole
Voting
Power 0
|
|
6. Shared
Voting
Power 600,000
|
|
|
7. Sole
Dispositive
Power 0
|
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8. Shared
Dispositive
Power 600,000
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|
9.
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Aggregate
Amount Beneficially Owned by Each Reporting Person600,000
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|
|
10.
|
Check
if the Aggregate Amount in Row (9) Excludes Certain Shares
(See
|
|
|
Instructions)______
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|
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11.
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Percent
of Class Represented by Amount in Row (9)
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4.6%
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12.
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Type
of Reporting Person (See Instructions)
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IN,
HC
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3
CUSIP No.
243537107
Item
1.
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(a)
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Name
of Issuer
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Deckers
Outdoor Corporation
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(b)
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Address
of Issuer's Principal Executive
Offices
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495-A
South Fairview Avenue, Goleta, CA
93117
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Item
2.
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(a)
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The
names of the persons filing this statement
are:
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Apex
Capital, LLC (“LLC”)
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Sanford
J. Colen (“Colen”)
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(collectively,
the "Filers").
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(b)
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The
principal business office of the Filers is located
at:
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25
Orinda Way, Suite 300, Orinda,
CA 94563
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(c)
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For
citizenship of Filers, see Item 4 of the cover sheet for each
Filer.
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(d)
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This
statement relates to shares of common stock of the Issuer (the
"Stock").
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(e)
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The
CUSIP number of the Issuer
is: 243537107
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4
CUSIP No.
243537107
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Item
3.
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If
this statement is filed pursuant to rule 240.13d-1(b) or 240.13d-2(b) or
(c), check whether the person filing is
a:
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(a)
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[ ]
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Broker
or dealer registered under section 15 of the Act (15 U.S.C.
78o).
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(b)
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[ ]
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Bank
as defined in section 3(a)(6) of the Act (15 U.S.C.
78c).
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(c)
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[ ]
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Insurance
company as defined in section 3(a)(19) of the Act (15 U.S.C.
78c).
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(d)
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[ ]
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Investment
company registered under section 8 of the Investment Company Act of 1940
(15 U.S.C. 80a-8).
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(e)
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[ X
]
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An
investment adviser in accordance with section 240.13d-1(b)(1)(ii)(E) (as
to LLC).
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(f)
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[ ]
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An
employee benefit plan or endowment fund in accordance with section
240.13d-1(b)(1)(ii)(F).
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(g)
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[ X
]
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A
parent holding company or control person in accordance with
240.13d-1(b)(1)(ii)(G) (as to
Colen).
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(h)
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[ ]
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A
savings association as defined in section 3(b) of the Federal Deposit
Insurance Act (12 U.S.C. 1813).
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(i)
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[ ]
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A
church plan that is excluded from the definition of an investment company
under section 3(c)(14) of the Investment Company Act of 1940 (15 U.S.C.
80a-3).
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(j)
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[ ]
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A
non-U.S. institution in accordance with
§240.13d-1(b)(ii)(J).
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(k)
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[ ]
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Group,
in accordance with Rule
13d-1(b)(1)(ii)(K).
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If filing
as a non-U.S. institution in accordance with §240.13d-1(b)(1)(ii)(J), please
specify the type of institution
_______________________________________________________________.
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Item
4.
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Ownership.
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See Items
5-9 and 11 of the cover page for each Filer.
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Item
5.
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Ownership
of Five Percent or Less of a Class
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If this
statement is being filed to report the fact that as of the date hereof the
reporting person has ceased to be the beneficial owner of more than five percent
of the class of securities, check the
following [X].
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Item
6.
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Ownership
of More than Five Percent on Behalf of Another
Person.
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Not
applicable.
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Item
7.
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Identification
and Classification of the Subsidiary Which Acquired the Security Being
Reported on By the Parent Holding
Company.
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Not
applicable.
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Item
8.
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Identification
and Classification of Members of the
Group.
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LLC is a
registered investment adviser. Colen is the controlling member of
LLC. The Filers are filing this Schedule 13G jointly, but not as
members of a group, and each of them expressly disclaims membership in a
group. Each of the Filers also disclaims beneficial ownership of the
Stock except to the extent of that Filer’s pecuniary interest
therein.
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Item
9.
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Notice
of Dissolution of Group
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Not
applicable.
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Item
10.
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Certification.
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By
signing below I certify that, to the best of my knowledge and belief, the
securities referred to above were acquired and are held in the ordinary course
of business and were not acquired and are not held for the purpose of or with
the effect of changing or influencing the control of the issuer of the
securities and were not acquired and are not held in connection with or as a
participant in any transaction having that purpose or effect.
SIGNATURE
After
reasonable inquiry and to the best of my knowledge and belief, I certify that
the information set forth in this statement is true, complete and
correct.
Dated: February
10, 2010
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APEX
CAPITAL, LLC
By: /s/
Sanford J. Colen, Manager
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/s/
Sanford J. Colen
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5
CUSIP No.
243537107
EXHIBIT
A
AGREEMENT
REGARDING JOINT FILING
OF
STATEMENT ON SCHEDULE 13D OR 13G
The
undersigned agree to file jointly with the Securities and Exchange Commission
(the "SEC") any and all statements on Schedule 13D or Schedule 13G (and any
amendments or supplements thereto) required under section 13(d) of the
Securities Exchange Act of 1934, as amended, in connection with purchases by the
undersigned of securities of any issuer, until such time as the undersigned file
with the SEC a statement terminating this Agreement Regarding Joint Filing of
Statement on Schedule 13D or 13G. For that purpose, the undersigned
hereby constitute and appoint Apex Capital, LLC, a California limited liability
company, as their true and lawful agent and attorney-in-fact, with full power
and authority for and on behalf of the undersigned to prepare or cause to be
prepared, sign, file with the SEC and furnish to any other person all
certificates, instruments, agreements and documents necessary to comply with
section 13(d) and section 16(a) of the Securities Exchange Act of 1934, as
amended, in connection with said purchases, and to do and perform every act
necessary and proper to be done incident to the exercise of the foregoing power,
as fully as the undersigned might or could do if personally present, until such
time as the undersigned file with the SEC a statement terminating this Agreement
Regarding Joint Filing of Statement on Schedule 13D or 13G.
Dated: February
10, 2005
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SANFORD
J. COLEN
/s/
Sanford J. Colen
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DANIEL
S. KATZ
/s/
Daniel S. Katz
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APEX
CAPITAL, LLC
By: /s/
Sanford J. Colen, Manager
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