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CUSIP No. 251591103
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SCHEDULE 13D
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Page
4
of 7 Pages
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This Amendment No. 23 (Amendment No. 23) amends and supplements the
statement on Schedule 13D initially filed on May 15, 2009 (the Original Filing), as amended by Amendment No. 1 filed on August 20, 2009, Amendment No. 2 filed on September 14, 2009, Amendment No. 3
filed on September 18, 2009, Amendment No. 4 filed on February 16, 2010, Amendment No. 5 filed on March 21, 2011, Amendment No. 6 filed on April 26, 2011, Amendment No. 7 filed on April 4, 2012, Amendment
No. 8 filed on October 5, 2012, Amendment No. 9 filed on November 21, 2012, Amendment No. 10 filed on June 20, 2013, Amendment No. 11 filed on August 12, 2014, Amendment No. 12 filed on March 5,
2015, Amendment No. 13 filed on May 12, 2015, Amendment No. 14 filed on June 6, 2017, Amendment No. 15 filed on February 27, 2018, Amendment No. 16 filed on April 30, 2018, Amendment No. 17 filed on
May 15, 2018, Amendment No. 18 filed on June 26, 2018, Amendment No. 19 filed on January 9, 2019, Amendment No. 20 filed on May 19, 2020, Amendment No. 21 filed on December 18, 2020 and Amendment
No. 22 filed on April 28, 2021. Information reported in the Original Filing, as amended, remains in effect except to the extent that it is amended, restated or superseded by information contained in this Amendment No. 23. Capitalized
terms used and not defined in this Amendment No. 23 have the meanings set forth in the Original Filing, as amended.
Item 4.
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Purpose of the Transaction.
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On September 28, 2021, the Joinder Agreement, as amended, was terminated as a result of the execution of the Termination Agreement, dated
September 28, 2021, by and among Mr. Otto, Katharina Otto-Bernstein and KG CURA Vermögensverwaltung G.m.b.H. & Co. The Termination Agreement terminated the obligations of Mr. Otto and Katharina Otto-Bernstein under the
Joinder Agreement. Consequently, Katharina Otto-Bernstein is no longer a party to the Investors Rights Agreement and she ceased to be part of the group formed by the Reporting Persons. Additionally, Katharina Otto-Bernstein does not have any
agreement or understanding with other persons to acquire, hold, vote or dispose of Common Shares.
A copy of the Termination Agreement is
filed herewith as an exhibit and incorporated herein by reference.
Item 5.
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Interest in Securities of the Issuer.
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Item 5 is hereby amended to add the following:
(a) Alexander Otto and Katharina Otto-Bernstein may be deemed to beneficially own, in the aggregate, Common Shares,
representing 14.0% of the Issuers outstanding Common Shares (based on 211,040,251 Common Shares outstanding as of July 26, 2021 as reported by the Issuer in its Form 10-Q filed with the
Securities and Exchange Commission on July 29, 2021).
(b) With respect to any rights or powers to vote, or to
direct the vote of, or to dispose of, or direct the disposition of, the Common Shares referenced in paragraph 5(a), Mr. Otto has sole voting power and sole dispositive power with regard to 21,693,236 Common Shares, and Katharina Otto-Bernstein has sole voting power and sole dispositive power with regard to 7,877,752 Common Shares.
(c) Other than as set forth below, the Reporting Persons have not effected any transactions in the Common Shares in the
last sixty days.
Alexander Otto effected the following transactions in the Common Shares in the past 60 days:
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Date
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Transaction
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Amount
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Price
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08/16/2021
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Grant
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1,593
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$0.00 (1)
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(1)
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Reflects the Issuers grant to the Reporting Person of fully-vested shares of the Issuers Common
Shares in accordance with the Issuers director compensation program.
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