SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
SCHEDULE 13G
Under the Securities Exchange Act of 1934
(Amendment No. 1)
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Miller Energy Resources, Inc.
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(Name of Issuer)
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Common Stock
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(Title of Class of Securities)
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(CUSIP Number)
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August 12, 2014
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(Date of Event Which Requires Filing of this Statement)
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Check the appropriate box to designate the rule pursuant to which this Schedule is filed:
¨ Rule 13d-1(b)
þ 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 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).
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CUSIP No. 00577 10 0
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1
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NAMES OF REPORTING PERSONS
David J. Voyticky
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2
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CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (See Instructions)
(a) ¨
(b) ¨
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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
USA
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NUMBER OF
SHARES
BENEFICIALLY
OWNED BY
EACH
REPORTING
PERSON
WITH
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5
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SOLE VOTING POWER
3,174,956
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6
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SHARED VOTING POWER
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7
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SOLE DISPOSITIVE POWER
2,893,405
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8
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SHARED DISPOSITIVE POWER
281,551
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9
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AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
3,174,956
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10
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CHECK IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES (See Instructions) ¨
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11
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PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9)
6.5%
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12
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TYPE OF REPORTING PERSON (See Instructions)
IN
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Page 2 of 5 Pages
Miller Energy Resources, Inc.
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Address of issuer's principal executive offices: |
9721 Cogdill Road, Suite 302, Knoxville, TN 37932
Item 2.
| (a) |
Name of person filing: |
David J. Voyticky
| (b) |
Address of principal business office or, if none, residence: |
2245 N Green Valley Pkwy, Henderson, NV 89014
USA
| (d) |
Title of class of securities: |
Common Stock, par value $0.0001 per share
00577 10 0
Item 3.
If this statement is filed pursuant to Rules 13d-1(b) or 13d-2(b) or (c), check whether the person filing is a:
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¨ Broker or dealer registered under Section 15 of the Act |
| (b) |
¨ Bank as defined in section 3(a)(6) of the Act |
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¨ Insurance company as defined in section 3(a)(19) of the Act |
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¨ Investment company registered under section 8 of the Investment Company Act of 1940 |
| (e) |
¨ An investment adviser in accordance with Rule 13d-1(b)(1)(ii)(E) |
| (f) |
¨ An employee benefit plan or endowment fund in accordance with Rule 13d-1(b)(1)(ii)(F) |
| (g) |
¨ A parent holding company or control person in accordance with Rule 13d-1(b)(1)(ii)(G) |
| (h) |
¨ A savings association as defined in Section 3(b) of the Federal Deposit Insurance Act (12 U.S.C. 1813) |
| (i) |
¨ 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 |
| (j) |
¨ A non-U.S. institution in accordance with Rule 13d-1(b)(1)(ii)(J) |
| (k) |
¨ Group, in accordance with Rule 13d-1(b)(1)(ii)(K) |
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Provide the following information regarding the aggregate number and percentage of the class of securities of the issuer identified in Item 1.
| (a) |
Amount beneficially owned: 3,174,956 shares |
Of this amount, 2,750,000 shares underlie options that, as of August 12, 2014, had either vested and were currently exercisable or were scheduled to vest and become exercisable within 60 days of that date. Rule 13d-3(d)(1)(i) provides that shares are deemed to be beneficially owned when a holder of options has the right, within 60 days, to exercise the options and acquire the underlying shares. Pursuant to an agreement with the issuer with an effective date of August 12, 2014 under which David J. Voyticky resigned from his position as President of the issuer (a copy of which was filed as an exhibit to Form 8-K by the issuer on August 12, 2014), previous awards from the issuer to Mr. Voyticky of 575,000 options, 21,250 shares, and 21,250 shares that were originally scheduled to vest on June 9, 2015, July 3, 2015, and July 3, 2016, respectively, had their vesting accelerated to August 15, 2014, which is less than 60 days after the August 12, 2014 effective date of the Agreement. This was the event on August 12, 2014 that required this Schedule G to be amended.
| (b) |
Percent of class: 6.5% |
This percentage was calculated based on a total of 46,293,466 shares outstanding as of August 14, 2014, based on correspondence to that effect from the issuer.
| (c) |
Number of shares as to which the person has: |
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(i) |
Sole power to vote or to direct the vote: |
3,174,956
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(ii) |
Shared power to vote or to direct the vote: |
0
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(iii) |
Sole power to dispose or to direct the disposition of: |
2,893,405
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(iv) |
Shared power to dispose or to direct the disposition of: |
281,555
Item 5. Ownership of 5 Percent or Less of a Class.
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 5 percent of the class of securities, check the following ¨.
Item 6. Ownership of More than 5 Percent on Behalf of Another Person.
Not applicable.
Item 7. Identification and Classification of the Subsidiary Which Acquired the Security Being Reported on by the Parent Holding Company or Control Person.
Not applicable.
Item 8. Identification and Classification of Members of the Group.
Not applicable.
Item 9. Notice of Dissolution of Group.
Not applicable.
Item 10. Certifications.
By signing below I certify that, to the best of my knowledge and belief, the securities referred to above 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: August 29, 2014
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/s/ David J. Voyticky
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David J. Voyticky
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