SEC Form 4
FORM 4 UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP

Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934
or Section 30(h) of the Investment Company Act of 1940
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Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b).
1. Name and Address of Reporting Person*
OBOYLE KEVIN C

(Last) (First) (Middle)
5964 LA PLACE COURT

(Street)
CARLSBAD CA 92008

(City) (State) (Zip)
2. Issuer Name and Ticker or Trading Symbol
GenMark Diagnostics, Inc. [ GNMK ]
5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
X Director 10% Owner
Officer (give title below) Other (specify below)
3. Date of Earliest Transaction (Month/Day/Year)
08/15/2019
4. If Amendment, Date of Original Filed (Month/Day/Year)
6. Individual or Joint/Group Filing (Check Applicable Line)
X Form filed by One Reporting Person
Form filed by More than One Reporting Person
Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned
1. Title of Security (Instr. 3) 2. Transaction Date (Month/Day/Year) 2A. Deemed Execution Date, if any (Month/Day/Year) 3. Transaction Code (Instr. 8) 4. Securities Acquired (A) or Disposed Of (D) (Instr. 3, 4 and 5) 5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4) 6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) 7. Nature of Indirect Beneficial Ownership (Instr. 4)
Code V Amount (A) or (D) Price
Common Stock 08/15/2019 S(1) 2,200 D $6.51(2) 102,112 D
Common Stock 08/16/2019 S(1) 16,150 D $6.51(3) 85,962 D
Common Stock 08/15/2019 M 25,000 A $6 110,962 D
Common Stock 08/15/2019 M 18,050 A $6 129,012 D
Common Stock 08/15/2019 F(4) 23,365 D $6.42 105,647 D
Common Stock 08/15/2019 F(5) 16,870 D $6.42 88,777 D
Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned
(e.g., puts, calls, warrants, options, convertible securities)
1. Title of Derivative Security (Instr. 3) 2. Conversion or Exercise Price of Derivative Security 3. Transaction Date (Month/Day/Year) 3A. Deemed Execution Date, if any (Month/Day/Year) 4. Transaction Code (Instr. 8) 5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3, 4 and 5) 6. Date Exercisable and Expiration Date (Month/Day/Year) 7. Title and Amount of Securities Underlying Derivative Security (Instr. 3 and 4) 8. Price of Derivative Security (Instr. 5) 9. Number of derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr. 4) 10. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) 11. Nature of Indirect Beneficial Ownership (Instr. 4)
Code V (A) (D) Date Exercisable Expiration Date Title Amount or Number of Shares
Stock Option (Right to Buy) $6 08/15/2019 M 25,000 (4) 05/28/2020 Common Stock 25,000 $0 0 D
Stock Option (Right to Buy) $6 08/15/2019 M 18,050 (5) 05/28/2020 Common Stock 18,050 $0 0 D
Explanation of Responses:
1. The shares were sold pursuant to a Rule 10b5-1 Plan adopted by the Reporting Person in June 2019.
2. The price reported is the weighted average price per share. Shares were sold in multiple transactions at prices ranging from $6.50 to $6.53. The Reporting Person will provide, upon request by the Commission staff, the Issuer or a security holder of the Issuer, full information regarding the number of shares sold at each price.
3. The price reported is the weighted average price per share. Shares were sold in multiple transactions at prices ranging from $6.50 to $6.54. The Reporting Person will provide, upon request by the Commission staff, the Issuer or a security holder of the Issuer, full information regarding the number of shares sold at each price.
4. The Reporting Person was issued 1,635 shares of the Company's common stock pursuant to the net exercise of the designated stock options. As a result, the Company withheld 23,365 shares of common stock underlying the exercised stock options for the payment of the exercise price using the closing stock price on August 15, 2019 of $6.42 per share, pursuant to the terms of the Company's 2010 Equity Incentive Plan.
5. The Reporting Person was issued 1,180 shares of the Company's common stock pursuant to the net exercise of designated stock options. As a result, the Company withheld 16,870 shares of common stock underlying the exercised stock option for the payment of the exercise price using the closing stock price on August 15, 2019 of $6.42 per share, pursuant to the terms of the Company's 2010 Equity Incentive Plan.
Remarks:
/s/ Eric Stier, Attorney-in-fact 08/19/2019
** Signature of Reporting Person Date
Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly.
* If the form is filed by more than one reporting person, see Instruction 4 (b)(v).
** Intentional misstatements or omissions of facts constitute Federal Criminal Violations See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a).
Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure.
Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB Number.