Note: Schedules filed in paper format shall include a signed original and five copies of the schedule, including all exhibits.  See Rule 240.13d-7 for other parties to whom copies are to be sent.

* 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 on 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).

This first Amendment to Schedule 13D (this “Amendment No. 2”) relates to the shares of Common Stock of TheStreet Inc. (the “Issuer”) and amends the Schedule 13D/A filed on December 30, 2011 (the “Previous Schedule 13D”) as well as the Schedule 13D filed on December 21, 2011 (the “Initial Schedule 13D”).

Unless the context otherwise requires, references herein to the “Common Stock” are to such Common Stock of the Issuer.  The principal executive offices of the Issuer are located at 14 Wall Street, 15^th Floor, New York, NY 10005.
 

This Amendment No. 2 is being filed by FiveMore Special Situations Fund, a Cayman limited liability company (the “Fund”) and FiveT Capital AG, a Swiss self-regulated limited liability company, which acts as Investment Advisor and Investment Manager (the “Advisor”, together with the Fund, the “Reporting Persons”) for the Fund. 

This Amendment No. 2 is being filed to amend Item 2, Item 3 and Item 5 of the Schedule 13D as follows:

(a)  This Schedule 13D/A is being filed by FiveMore Special Situations Fund, a Cayman limited liability company (the “Fund”) and FiveT Capital AG, a Swiss self-regulated limited liability company, which acts as Investment Advisor (the “Advisor”, together with the Fund, the “Reporting Persons”) for the Fund. The FiveMore Special Situations is a new vehicle dedicated to the special situation strategies previously run by FiveMore Fund Ltd.

(b) The address of the Fund is the same as the FiveMore Fund Ltd. The principal business address is C/O M&C Corporate Services, P.O Box 309, GT, Ugland House, South Churge Street, George Town, Grand Cayman, Cayman Islands 309 GT. The principal business address of FiveT Capital AG is Kasernenstrasse 11, 8004 Zurich, Switzerland.

(c)  The principal business of the Fund is to serve as vehicle for investments in the equity capital market.  DMS Fund Governance Ltd (thereafter “DFG”) is Director of the Fund and Mr. Aldo Ghisletta is the Director of DFG with the primary responsibility for the Fund. DFG together with Mr. Aldo Ghisletta are serving as Directors of a variety of hedge funds and managed accounts. The principal business of the Advisor is to advise the Fund on investment ideas. Mr. Johannes M. Roth is the CEO of FiveT Capital AG.

(f)  DFG is a company licensed and regulated by the Cayman Islands Monetary Authority. Mr. Aldo Ghisletta is a citizen of Switzerland. Mr. Johannes M. Roth is a citizen of Germany.

The Fund expended an aggregate of approximately $3,315,419 of its own investment capital in open market transactions to acquire the 2,000,000 shares of Common Stock held by it. Since the filing of the Previous Schedule 13D, 423,009 shares have been sold.

(a)           As of the date of this Amendment No. 2, the Reporting Persons beneficially own an aggregate of 2,000,000 shares of Common Stock, consisting of 2,000,000 shares held by the Fund (the “Shares”).  The Shares represent 6.01% of the Common Stock outstanding. This means a decrease of 1.56% since the filing of the Previous Schedule 13D.  Percentages of the Common Stock outstanding reported in this Schedule 13D are calculated based upon the 33,291,973 shares of Common Stock outstanding as of February 19, 2013, as reported in the Issuer’s Annual Report on Form 10-K for the annual period ended December 31, 2012, filed by the Issuer with the Securities and Exchange Commission on February 22, 2013.

(c)           Set forth on Schedule I hereto are all transactions in the Common Stock effected in the last 60 days since the date of the event which requires filing of this Statement.

SCHEDULE I

This Schedule sets forth information with respect to each purchase and sale of Shares which was effectuated by a Reporting Person in the last 60 days since the date of the event which requires filing of this Statement.  Unless otherwise indicated, all transactions were effectuated in the open market through a broker.