0000919574-19-000547.txt : 20190123
0000919574-19-000547.hdr.sgml : 20190123
20190123180908
ACCESSION NUMBER: 0000919574-19-000547
CONFORMED SUBMISSION TYPE: 3
PUBLIC DOCUMENT COUNT: 1
CONFORMED PERIOD OF REPORT: 20190118
FILED AS OF DATE: 20190123
DATE AS OF CHANGE: 20190123
REPORTING-OWNER:
OWNER DATA:
COMPANY CONFORMED NAME: ARMISTICE CAPITAL, LLC
CENTRAL INDEX KEY: 0001601086
STATE OF INCORPORATION: DE
FISCAL YEAR END: 1231
FILING VALUES:
FORM TYPE: 3
SEC ACT: 1934 Act
SEC FILE NUMBER: 001-36333
FILM NUMBER: 19538291
BUSINESS ADDRESS:
STREET 1: 510 MADISON AVENUE, 7TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10022
BUSINESS PHONE: (212) 231-4932
MAIL ADDRESS:
STREET 1: 510 MADISON AVENUE, 7TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10022
REPORTING-OWNER:
OWNER DATA:
COMPANY CONFORMED NAME: Armistice Capital Master Fund Ltd.
CENTRAL INDEX KEY: 0001633584
STATE OF INCORPORATION: E9
FISCAL YEAR END: 1231
FILING VALUES:
FORM TYPE: 3
SEC ACT: 1934 Act
SEC FILE NUMBER: 001-36333
FILM NUMBER: 19538292
BUSINESS ADDRESS:
STREET 1: C/O ARMISTICE CAPITAL, LLC
STREET 2: 510 MADISON AVENUE, 7TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10022
BUSINESS PHONE: 212-231-4932
MAIL ADDRESS:
STREET 1: C/O ARMISTICE CAPITAL, LLC
STREET 2: 510 MADISON AVENUE, 7TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10022
REPORTING-OWNER:
OWNER DATA:
COMPANY CONFORMED NAME: Boyd Steven
CENTRAL INDEX KEY: 0001706140
FILING VALUES:
FORM TYPE: 3
SEC ACT: 1934 Act
SEC FILE NUMBER: 001-36333
FILM NUMBER: 19538293
MAIL ADDRESS:
STREET 1: 510 MADISON AVENUE, 7TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10022
ISSUER:
COMPANY DATA:
COMPANY CONFORMED NAME: BIO-PATH HOLDINGS INC
CENTRAL INDEX KEY: 0001133818
STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834]
IRS NUMBER: 870652870
STATE OF INCORPORATION: DE
FISCAL YEAR END: 1231
BUSINESS ADDRESS:
STREET 1: 4710 BELLAIRE BOULEVARD
STREET 2: SUITE 210
CITY: BELLAIRE
STATE: TX
ZIP: 77401
BUSINESS PHONE: (832) 742-1357
MAIL ADDRESS:
STREET 1: 4710 BELLAIRE BOULEVARD
STREET 2: SUITE 210
CITY: BELLAIRE
STATE: TX
ZIP: 77401
FORMER COMPANY:
FORMER CONFORMED NAME: OGDEN GOLF CO CORP
DATE OF NAME CHANGE: 20010205
3
1
ownership.xml
X0206
3
2019-01-18
0
0001133818
BIO-PATH HOLDINGS INC
BPTH
0001601086
ARMISTICE CAPITAL, LLC
510 MADISON AVENUE, 7TH FLOOR
NEW YORK
NY
10022
0
0
1
0
0001633584
Armistice Capital Master Fund Ltd.
C/O DMS CORPORATE SERVICES LTD.
20 GENESIS CLOSE, P.O. BOX 314
GRAND CAYMAN
E9
KY1-1104
CAYMAN ISLANDS
0
0
1
0
0001706140
Boyd Steven
C/O ARMISTICE CAPITAL, LLC
510 MADISON AVENUE, 7TH FLOOR
NEW YORK
NY
10022
0
0
1
0
Common Stock, par value $0.001 per share
193755
D
Common Stock, par value $0.001 per share
193755
I
See Footnote
Common Stock, par value $0.001 per share
193755
I
See Footnote
Warrant
2024-07-23
Common Stock
96878
D
Warrant
2024-07-23
Common Stock
96878
I
See Footnote
Warrant
2024-07-23
Common Stock
96878
I
See Footnote
The reported securities are directly owned by Armistice Capital Master Fund Ltd., a Cayman Islands exempted company (the "Master Fund").
The reported securities are directly owned by the Master Fund, and may be deemed to be indirectly beneficially owned by Armistice Capital, LLC ("Armistice Capital"), as the investment manager of the Master Fund. The reported securities may also be deemed to be indirectly beneficially owned by Steven Boyd as Managing Member of Armistice Capital. Armistice Capital and Steven Boyd disclaim beneficial ownership of the reported securities except to the extent of their respective pecuniary interest therein, and this report shall not be deemed an admission that either of them are the beneficial owners of the securities for purposes of Section 16 of the Securities Exchange Act of 1934, as amended, or for any other purpose.
These warrants are currently exercisable, subject to a blocker provision that prevents the Master Fund from exercising the warrants if it would be more than a 4.99% beneficial owner of the Common Stock following such exercise (the "Beneficial Ownership Limitation"). Notwithstanding the foregoing, the Master Fund may increase the Beneficial Ownership Limitation by providing notice to the Issuer, and such increase will become effective on the 61st day after such notice being delivered to the Issuer; provided, however, that the Beneficial Ownership Limitation may not be increased so as to result in the Master Fund becoming more than a 9.99% beneficial owner of the Common Stock following such exercise.
The exercise price for each warrant is $2.65 per share of Common Stock, subject to adjustment pursuant to the terms of the warrant.
Armistice Capital, LLC, By: /s/ Steven Boyd, Managing Member
2019-01-23
Armistice Capital Master Fund Ltd., By: /s/ Steven Boyd, Director
2019-01-23
/s/ Steven Boyd
2019-01-23