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Diamondback Energy, Inc.'s Form 4 filing

Viper Energy, Inc. (VNOM) · filed Mar 8, 2024

Accession no.
0001011438-24-000283
Filed
Mar 8, 2024
Trade date
May 10, 2018-Mar 8, 2024
Filing delay
2,129 daysLate
Rule 10b5-1 plan
Not checked

This filing lists 5 non-derivative transactions and 12 derivative transactions. Open-market sales total $451.4M. It was filed 2129 days after the trade, past the 2-business-day deadline.

Reporting owners

A Form 4 can have several reporting owners, such as a person and a fund they control. Trade tables show the first one.

Reporting owners on this filing
OwnerRelationship to the company
Diamondback Energy, Inc.CIK 0001539838Director, 10% Owner

Non-derivative securities (Table I)

Acquisitions and disposals of common stock and similar shares, one row per line on the filing.

Non-derivative transactions
Trade dateSecurityTransactionSharesPriceValueShares afterOwnershipFlags
May 10, 2018Common Units representing limited partner interestsDReturned to the companyDisposed−73,150,000–F1,F2–0Direct
May 10, 2018Common Units representing limited partner interestsMOption exerciseAcquired+731,500–F2–731,500Direct
Oct 31, 2023Common Units representing limited partner interestsMOption exerciseAcquired+7,215,007$27.72F4+$199,999,994.047,946,507Direct
Mar 8, 2024Class A Common StockMOption exerciseAcquired+5,278,493–F2,F5,F6–13,225,000Direct
Mar 8, 2024Class A Common StockSSaleDisposed−13,225,000$34.13−$451,369,2500Direct

Derivative securities (Table II)

Options, warrants, restricted stock units and similar. Shares are the underlying shares; price and value are for the derivative itself, and the holding after is in derivative units.

Derivative transactions
Trade dateSecurityTransactionUnderlying sharesUnit priceValueHeld afterOwnershipFlags
May 10, 2018Common UnitsAGrant or awardAcquired+73,150,000–F1,F2–73,150,000Direct
May 10, 2018Common UnitsAGrant or awardAcquired+73,150,000–F1,F2–73,150,000Direct
May 10, 2018Common UnitsMOption exerciseDisposed−731,500–F2–72,418,500Direct
May 10, 2018Common UnitsMOption exerciseDisposed−731,500–F2–72,418,500Direct
Oct 1, 2019Common UnitsAGrant or awardAcquired+82,643,418–F2,F7–82,643,418Direct
Oct 1, 2019Common UnitsAGrant or awardAcquired+82,643,418–F2,F7–82,643,418Direct
Oct 1, 2019Common UnitsAGrant or awardAcquired+8,066,528–F2,F7–8,066,528Indirect
Oct 1, 2019Common UnitsAGrant or awardAcquired+73,150,000–F2,F7–8,066,528Indirect
Sep 4, 2023Common UnitsDReturned to the companyDisposed−7,215,007–F4–7,215,007Direct
Oct 31, 2023Common UnitsMOption exerciseDisposed−7,215,007–F4–0Direct
Mar 8, 2024Class A Common StockMOption exerciseDisposed−5,278,493–F2,F5–77,364,925Direct
Mar 8, 2024Class A Common StockMOption exerciseDisposed−5,278,493–F2,F5–77,364,925Direct

Footnotes and remarks

Livermore keeps the footnotes that transaction prices refer to, all footnotes of amendments (Form 4/A) and the filing's remarks. Other footnotes, such as how indirect holdings are held or the details of a trading plan, are only in the original on SEC EDGAR.

F1

Effective on May 10, 2018, Diamondback Energy, Inc.(the "Reporting Person") delivered and assigned to Viper Energy Partners LP (a predecessor of Viper Energy, Inc., collectively, the "Issuer"), a subsidiary that is primarily controlled by the Reporting Person, 73,150,000 common units representing limited partnership interests (the "Common Units") that the Reporting Person owned in exchange for (i) 73,150,000 of the Issuer's newly-issued Class B units representing limited partnership units (the "Class B Units") and (ii) 73,150,000 newly-issued units of the Operating Company ("OpCo Units") of Viper Energy Partners LLC, as defined below (the "Recapitalization").

Referenced by the price of 1 transaction in Table I and 2 transactions in Table II.

F2

Following the Recapitalization, each Class B Unit and each OpCo Unit were together convertible and exchangeable into one Common Unit of Viper Energy Partners LP. Following the Conversion, as defined below, one share of Class B common stock, par value $0.000001 per share (the "Class B Common Stock") and each OpCo Unit were together convertible and exchangeable into one share of Class A common stock, par value $0.000001 per share (the "Class A Common Stock") of the Issuer.

Referenced by the price of 3 transactions in Table I and 10 transactions in Table II.

F4

On September 4, 2023, the Reporting Person granted the Issuer a right to sell up to 7,215,007 Common Units to the Reporting Person at a fixed price of $27.72, which the Issuer was permitted to exercise until a certain acquisition closed. The Issuer exercised its right to sell Common Units to the Reporting Person on October 31, 2023.

Referenced by the price of 1 transaction in Table I and 2 transactions in Table II.

F5

On March 8, 2024, the Reporting Person converted and exchanged 5,278,493 Class B Shares and OpCo Units in connection with the Reporting Person's registered offering of Class A Common Stock, which included 11,500,000 shares of Class A Common Stock sold by the Reporting Person to the underwriters in the firm offering and shares of Class A Common Stock subject to the underwriters' option to purchase 1,725,000 additional shares of Class A Common Stock, which option was exercised in full by the underwriters, and the offering of both firm and optional shares closed on March 8, 2024.

Referenced by the price of 1 transaction in Table I and 2 transactions in Table II.

F6

On November 13, 2023, the Issuer converted its form to that of a corporation (the "Conversion"), and each Common Unit became one share of Class A Common Stock, each Class B Common Unit became one share Class B Common Stock, and each unit of the Operating Company was now exchangeable, together with a share of Class B Common Stock into one share of Class A Common Stock. The Conversion was a change in form of the Issuer without any change in the pecuniary interest of the Reporting Person.

Referenced by the price of 1 transaction in Table I.

F7

On October 1, 2019, Viper Energy Partners LP completed the acquisition of certain mineral and royalty interests from subsidiaries of the Reporting Person in exchange for 10,244,918 OpCo Units and Class B Units newly issued to the Reporting Person, 8,066,528 OpCo Units and Class B Units newly issued to a wholly owned subsidiary of the Reporting Person and $190.2 million in cash.

Referenced by the price of 4 transactions in Table II.

Remarks

By virtue of the Reporting Person's representation on the Board of Directors of Viper Energy, Inc. (the "Issuer"), for purposes of Section 16 of the Securities Exchange Act of 1934, as amended, the Reporting Person is deemed a director by deputization of the Issuer.

Read the full filing on SEC EDGAR (opens in a new tab)