0001214659-13-006461.txt : 20131114 0001214659-13-006461.hdr.sgml : 20131114 20131114120453 ACCESSION NUMBER: 0001214659-13-006461 CONFORMED SUBMISSION TYPE: SC 13G/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20131114 DATE AS OF CHANGE: 20131114 GROUP MEMBERS: MANGROVE CAPITAL GROUP MEMBERS: MANGROVE PARTNERS GROUP MEMBERS: NATHANIEL AUGUST SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: Biota Pharmaceuticals, Inc. CENTRAL INDEX KEY: 0000072444 STANDARD INDUSTRIAL CLASSIFICATION: BIOLOGICAL PRODUCTS (NO DIAGNOSTIC SUBSTANCES) [2836] IRS NUMBER: 591212264 STATE OF INCORPORATION: DE FISCAL YEAR END: 0630 FILING VALUES: FORM TYPE: SC 13G/A SEC ACT: 1934 Act SEC FILE NUMBER: 005-31596 FILM NUMBER: 131218040 BUSINESS ADDRESS: STREET 1: 2500 NORTHWINDS PARKWAY, SUITE 100 CITY: ALPHARETTA STATE: 2Q ZIP: 30009 BUSINESS PHONE: 301-770-3099 MAIL ADDRESS: STREET 1: 2500 NORTHWINDS PARKWAY, SUITE 100 CITY: ALPHARETTA STATE: 2Q ZIP: 30009 FORMER COMPANY: FORMER CONFORMED NAME: NABI BIOPHARMACEUTICALS DATE OF NAME CHANGE: 20100719 FORMER COMPANY: FORMER CONFORMED NAME: NABI BIOPHARMACEUTICALS DATE OF NAME CHANGE: 20020304 FORMER COMPANY: FORMER CONFORMED NAME: NABI /DE/ DATE OF NAME CHANGE: 19960405 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: Mangrove Partners Fund, L.P. CENTRAL INDEX KEY: 0001486623 IRS NUMBER: 272067192 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13G/A BUSINESS ADDRESS: STREET 1: 10 EAST 53RD STREET STREET 2: 31ST FLOOR CITY: NEW YORK STATE: NY ZIP: 10022 BUSINESS PHONE: 212 630 5072 MAIL ADDRESS: STREET 1: 10 EAST 53RD STREET STREET 2: 31ST FLOOR CITY: NEW YORK STATE: NY ZIP: 10022 SC 13G/A 1 a1113130sc13ga.htm AMENDMENT NO. 1 a1113130sc13ga.htm
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.  20549
 
SCHEDULE 13G/A
 
Under the Securities Exchange Act of 1934
(Amendment No. 1 )*
 
 
BIOTA PHARMACEUTICALS, INC.
f/k/a
NABI BIOPHARMACEUTICALS
(Name of Issuer)
 
COMMON STOCK
(Title of Class of Securities)
           
 
090694100
 
 
(CUSIP Number)
 
 
November 9, 2012
(Date of Event Which Requires Filing of This Statement)

Check the appropriate box to designate the rule pursuant to which this Schedule is filed:
 
  o
Rule 13d-1(b)
 
 
  
  x
Rule 13d-1(c)
     
  o
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 the 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).

 
Page 1 of 9 pages
 
        
CUSIP No.  090694100
1
NAMES OF REPORTING PERSONS
I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY)
 
The Mangrove Partners Fund, L.P.
27-2067192
2
CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (see instructions)
 
 
(a)x
(b)o
3
SEC USE ONLY
 
 
4
CITIZENSHIP OR PLACE OF ORGANIZATION
 
DE
NUMBER OF
SHARES
BENEFICIALLY
OWNED BY
EACH REPORTING
PERSON WITH:
5
SOLE VOTING POWER
 
0
6
SHARED VOTING POWER
 
167
7
SOLE DISPOSITIVE POWER
 
0
8
SHARED DISPOSITIVE POWER
 
167
9
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
 
167
10
CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES (see instructions)
 
 o
11
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9)
 
0%
12
TYPE OF REPORTING PERSON (see instructions)
 
PN
           
 
Page 2 of 9 pages
 
          
CUSIP No.  090694100
1
NAMES OF REPORTING PERSONS
I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY)
 
Mangrove Partners
98-0652572   
2
CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (see instructions)
 
 
(a)x
(b)o
3
SEC USE ONLY
 
 
4
CITIZENSHIP OR PLACE OF ORGANIZATION
 
Cayman Islands
NUMBER OF
SHARES
BENEFICIALLY
OWNED BY
EACH REPORTING
PERSON WITH:
5
SOLE VOTING POWER
 
0
6
SHARED VOTING POWER
 
167
7
SOLE DISPOSITIVE POWER
 
0
8
SHARED DISPOSITIVE POWER
 
167
9
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
 
167
10
CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES (see instructions)
 
o
11
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9)
 
0%
12
TYPE OF REPORTING PERSON (see instructions)
 
OO
    
 
Page 3 of 9 pages
 
           
CUSIP No.  090694100
1
NAMES OF REPORTING PERSONS
I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY)
 
Mangrove Capital
98-06252571
2
CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (see instructions)
 
 
(a)x
(b)o
3
SEC USE ONLY
 
 
4
CITIZENSHIP OR PLACE OF ORGANIZATION
 
Cayman Islands
NUMBER OF
SHARES
BENEFICIALLY
OWNED BY
EACH REPORTING
PERSON WITH:
5
SOLE VOTING POWER
 
0
6
SHARED VOTING POWER
 
167
7
SOLE DISPOSITIVE POWER
 
0
8
SHARED DISPOSITIVE POWER
 
167
9
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
 
167
10
CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES (see instructions)
 
o
11
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9)
 
0%
12
TYPE OF REPORTING PERSON (see instructions)
 
OO
          
 
Page 4 of 9 pages
 
          
CUSIP No.  090694100
1
NAMES OF REPORTING PERSONS
I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY)
 
Nathaniel August
2
CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (see instructions)
 
 
(a)x
(b)o
3
SEC USE ONLY
 
 
4
CITIZENSHIP OR PLACE OF ORGANIZATION
 
     
NUMBER OF
SHARES
BENEFICIALLY
OWNED BY
EACH REPORTING
PERSON WITH:
5
SOLE VOTING POWER
 
0
6
SHARED VOTING POWER
 
167
7
SOLE DISPOSITIVE POWER
 
0
8
SHARED DISPOSITIVE POWER
 
167
9
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
 
167
10
CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES (see instructions)
 
o
11
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9)
 
0%
12
TYPE OF REPORTING PERSON (see instructions)
 
IN
      
 
Page 5 of 9 pages
 
 
Item 1(a).
Name of Issuer:
 
 
 
Biota Pharmaceuticals, Inc., f/k/a Nabi Biopharmaceuticals
 
 
Item 1(b).
Address of Issuer’s Principal Executive Offices:
 
 
 
2500 Northwinds Parkway, Suite 100, Alpharetta, Georgia 30009
 
 
Item 2(a).
Name of Person Filing:
 
 
 
This Schedule 13G/A #1 is being jointly filed by The Mangrove Partners Fund, L.P., Mangrove Partners, Mangrove Capital and Nathaniel August with respect to shares of the common stock of the above-named issuer owned by The Mangrove Partners Fund, L.P..
 
 
Item 2(b).
Address of Principal Business Office or, if none, Residence:
 
 
 
The address of the principal business office of each of the Reporting Persons is 645 Madison Avenue, 14th Floor, New York, New York 10022.
 
 
Item 2(c).
Citizenship:
 
 
 
The Mangrove Partners Fund, L.P. is organized as a limited partnership under the laws of the State of Delaware. Each of Mangrove Partners  and Mangrove Capital is organized as a limited liability exempted company under the laws of the Cayman Islands. Nathaniel August is a citizen of the United States.
 
 
Item 2(d).
Title of Class of Securities:
 
 
 
Common Stock
 
 
Item 2(e).
CUSIP Number:  090694100
 
 
 
Page 6 of 9 pages
 

Item 3.
If this Statement is filed pursuant to 240.13d-1(b) or 240.13d-2(b) or (c), check whether the person filing is a:
 
(a)
 o
Broker or dealer registered under Section 15 of the Act;
 
(b)
 o
Bank as defined in Section 3(a)(6) of the Act;
 
(c)
 o
Insurance company as defined in Section 3(a)(19) of the Act;
 
(d)
 o
Investment company registered under Section 8 of the Investment Company Act of 1940;
 
(e)
 o
An investment adviser in accordance with Rule 13d-1(b)(1)(ii)(E);
 
(f)
 o
An employee benefit plan or endowment fund in accordance with Rule 13d-1(b)(1)(ii)(F);
 
(g)
 o
A parent holding company or control person in accordance with Rule 13d-1(b)(1)(ii)(G);
 
(h)
 o
A savings association as defined in Section 3(b) of the Federal Deposit Insurance Act (12 U.S.C. 1813);
 
(i)
 o
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)
 o
A non-U.S. institution in accordance with Rule 240.13d-1(b)(1)(ii)(J);
 
(k)
 o
Group, in accordance with Rule 240.13d-1(b)(1)(ii)(K). If filing as a non-U.S. institution in accordance with Rule 240.13d-1(b)(1)(ii)(J), please specify the type of institution:      

Item 4.
Ownership.
 
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:
167
 
(b)
Percent of Class:
0.0%
 
(c)
Number of shares as to which such person has:
 
 
(i)
sole power to vote or to direct the vote:
0
 
 
(ii)
shared power to vote or to direct the vote:
167
 
 
(iii)
sole power to dispose or to direct the disposition of:
0
 
 
(iv)
shared power to dispose or to direct the disposition of:
167
 
 
 
 
 
 
 
Page 7 of 9 pages
 

Item 5.
Ownership of Five 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 five percent of the class of securities, check the following x .
 
Item 6.
Ownership of More than Five 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.
 
 
 
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.
Certification.
 
 
 
By signing below I certify that, to the best of my knowledge and belief, the securities referred to above were acquired and are held in the ordinary course of business and were not acquired and are not held for the purpose of and do not have the effect of changing 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 such purpose or effect for the time being.
 
 
Page 8 of 9 pages
 
 
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.
 
  November 13, 2013

THE MANGROVE PARTNERS FUND, L.P.
 
By:
MANGROVE CAPITAL
 
 
as General Partner
 
     
By:
/s/ Nathaniel August
 
 
Name:  Nathaniel August
 
 
Title:  Director
 
     
MANGROVE PARTNERS
 
     
By:
/s/ Nathaniel August
 
 
Name:  Nathaniel August
 
 
Title:  Director
 
     
 MANGROVE CAPITAL
 
     
By:
/s/ Nathaniel August
 
 
Name:  Nathaniel August
 
 
Title:  Director
 
     
/s/ Nathaniel August
 
Name:  Nathaniel August
 
 
 
Page 9 of 9 pages