0000899243-20-022283.txt : 20200813
0000899243-20-022283.hdr.sgml : 20200813
20200813160548
ACCESSION NUMBER: 0000899243-20-022283
CONFORMED SUBMISSION TYPE: 4
PUBLIC DOCUMENT COUNT: 1
CONFORMED PERIOD OF REPORT: 20200811
FILED AS OF DATE: 20200813
DATE AS OF CHANGE: 20200813
REPORTING-OWNER:
OWNER DATA:
COMPANY CONFORMED NAME: Levy Noah G.
CENTRAL INDEX KEY: 0001788608
FILING VALUES:
FORM TYPE: 4
SEC ACT: 1934 Act
SEC FILE NUMBER: 001-35409
FILM NUMBER: 201099288
MAIL ADDRESS:
STREET 1: 60 EAST 42ND ST, 9TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10165
REPORTING-OWNER:
OWNER DATA:
COMPANY CONFORMED NAME: Newtyn Management, LLC
CENTRAL INDEX KEY: 0001569241
STATE OF INCORPORATION: NY
FISCAL YEAR END: 1231
FILING VALUES:
FORM TYPE: 4
SEC ACT: 1934 Act
SEC FILE NUMBER: 001-35409
FILM NUMBER: 201099289
BUSINESS ADDRESS:
STREET 1: 60 EAST 42ND STREET
STREET 2: 9TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10165
BUSINESS PHONE: 212-446-2465
MAIL ADDRESS:
STREET 1: 60 EAST 42ND STREET
STREET 2: 9TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10165
REPORTING-OWNER:
OWNER DATA:
COMPANY CONFORMED NAME: NEWTYN PARTNERS, LP
CENTRAL INDEX KEY: 0001548707
STATE OF INCORPORATION: DE
FISCAL YEAR END: 1231
FILING VALUES:
FORM TYPE: 4
SEC ACT: 1934 Act
SEC FILE NUMBER: 001-35409
FILM NUMBER: 201099290
BUSINESS ADDRESS:
STREET 1: 60 EAST 42ND STREET
STREET 2: 9TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10165
BUSINESS PHONE: 212-446-2465
MAIL ADDRESS:
STREET 1: 60 EAST 42ND STREET
STREET 2: 9TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10165
REPORTING-OWNER:
OWNER DATA:
COMPANY CONFORMED NAME: NEWTYN TE PARTNERS, LP
CENTRAL INDEX KEY: 0001548709
STATE OF INCORPORATION: DE
FISCAL YEAR END: 1231
FILING VALUES:
FORM TYPE: 4
SEC ACT: 1934 Act
SEC FILE NUMBER: 001-35409
FILM NUMBER: 201099291
BUSINESS ADDRESS:
STREET 1: 60 EAST 42ND STREET
STREET 2: 9TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10165
BUSINESS PHONE: 212-446-2465
MAIL ADDRESS:
STREET 1: 60 EAST 42ND STREET
STREET 2: 9TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10165
REPORTING-OWNER:
OWNER DATA:
COMPANY CONFORMED NAME: Newtyn Capital Partners, LP
CENTRAL INDEX KEY: 0001789643
STATE OF INCORPORATION: DE
FISCAL YEAR END: 1231
FILING VALUES:
FORM TYPE: 4
SEC ACT: 1934 Act
SEC FILE NUMBER: 001-35409
FILM NUMBER: 201099292
BUSINESS ADDRESS:
STREET 1: 60 EAST 42ND STREET
STREET 2: 9TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10165
BUSINESS PHONE: 212-446-2460
MAIL ADDRESS:
STREET 1: 60 EAST 42ND STREET
STREET 2: 9TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10165
REPORTING-OWNER:
OWNER DATA:
COMPANY CONFORMED NAME: Ledo Capital, LLC
CENTRAL INDEX KEY: 0001789647
STATE OF INCORPORATION: NY
FISCAL YEAR END: 1231
FILING VALUES:
FORM TYPE: 4
SEC ACT: 1934 Act
SEC FILE NUMBER: 001-35409
FILM NUMBER: 201099293
BUSINESS ADDRESS:
STREET 1: 60 EAST 42ND STREET
STREET 2: 9TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10165
BUSINESS PHONE: 212-446-2460
MAIL ADDRESS:
STREET 1: 60 EAST 42ND STREET
STREET 2: 9TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10165
ISSUER:
COMPANY DATA:
COMPANY CONFORMED NAME: MERRIMACK PHARMACEUTICALS INC
CENTRAL INDEX KEY: 0001274792
STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834]
IRS NUMBER: 000000000
STATE OF INCORPORATION: DE
FISCAL YEAR END: 1231
BUSINESS ADDRESS:
STREET 1: ONE BROADWAY
STREET 2: 14TH FLOOR
CITY: CAMBRIDGE
STATE: MA
ZIP: 02142
BUSINESS PHONE: 617-441-1000
MAIL ADDRESS:
STREET 1: ONE BROADWAY
STREET 2: 14TH FLOOR
CITY: CAMBRIDGE
STATE: MA
ZIP: 02142
4
1
doc4.xml
FORM 4 SUBMISSION
X0306
4
2020-08-11
0
0001274792
MERRIMACK PHARMACEUTICALS INC
MACK
0001788608
Levy Noah G.
60 EAST 42ND STREET, 9TH FLOOR
NEW YORK
NY
10165
1
0
0
1
See remarks
0001569241
Newtyn Management, LLC
60 EAST 42ND STREET, 9TH FLOOR
NEW YORK
NY
10165
0
0
0
1
See Remarks
0001548707
NEWTYN PARTNERS, LP
60 EAST 42ND STREET, 9TH FLOOR
NEW YORK
NY
10165
0
0
0
1
See Remarks
0001548709
NEWTYN TE PARTNERS, LP
60 EAST 42ND STREET, 9TH FLOOR
NEW YORK
NY
10165
0
0
0
1
See Remarks
0001789643
Newtyn Capital Partners, LP
60 EAST 42ND STREET, 9TH FLOOR
NEW YORK
NY
10165
0
0
0
1
See Remarks
0001789647
Ledo Capital, LLC
60 EAST 42ND STREET, 9TH FLOOR
NEW YORK
NY
10165
0
0
0
1
See Remarks
Common Stock
2020-08-11
4
P
0
8186
3.4525
A
804551
I
See footnote
Common Stock
2020-08-12
4
P
0
1166
3.493
A
805717
I
See footnote
Common Stock
2020-08-11
4
P
0
5856
3.4525
A
586371
I
See footnote
Common Stock
2020-08-12
4
P
0
834
3.493
A
587205
I
See footnote
The price reported in Column 4 is a weighted average price. These shares were purchased in multiple transactions at prices ranging from $3.35 to $3.50, inclusive. The reporting person undertakes to provide to the Issuer, any security holder of the Issuer, or the staff of the Securities and Exchange Commission, upon request, full information regarding the number of shares sold at each separate price within the ranges set forth in this footnote (1) to this Form 4.
The shares are directly held by NP. The general partner of the Funds is NCP. The general partner of NCP is Ledo. The investment manager to the Funds is Newtyn Management. The managing member of Newtyn Management and Ledo and the portfolio manager to the Funds is Mr. Levy. Each of Newtyn Management, Ledo, NCP and Mr. Levy disclaims beneficial ownership of the shares except to the extent of its or his pecuniary interest therein, if any, and this report shall not be deemed an admission that it or he is the beneficial owner of such shares.
The price reported in Column 4 is a weighted average price. These shares were purchased in multiple transactions at prices ranging from $3.45 to $3.50, inclusive. The reporting person undertakes to provide to the Issuer, any security holder of the Issuer, or the staff of the Securities and Exchange Commission, upon request, full information regarding the number of shares sold at each separate price within the ranges set forth in this footnote (3) to this Form 4.
The shares are directly held Newtyn TE. The general partner of the Funds is NCP. The general partner of NCP is Ledo. The investment manager to the Funds is Newtyn Management. The managing member of Newtyn Management and Ledo and the portfolio manager to the Funds is Mr. Levy. Each of Newtyn Management, Ledo, NCP and Mr. Levy disclaims beneficial ownership of the shares except to the extent of its or his pecuniary interest therein, if any, and this report shall not be deemed an admission that it or he is the beneficial owner of such shares.
As a result of an agreement among the persons listed below to vote their respective shares of Common Stock jointly, such persons have formed a "group" under Section 13(d)(1) of the Exchange Act. In addition to Mr. Levy, Newtyn Management, LLC ("Newtyn Management"), Newtyn Partners, LP ("NP"), Newtyn TE Partners, LP ("Newtyn TE" and together with NP, the "Funds"), Newtyn Capital Partners, LP ("NCP") and Ledo Capital, LLC ("Ledo") (collectively, the "Newtyn Parties"), the members of this group are Eric D. Andersen, Western Standard, LLC, Western Standard Partners, L.P. and Western Standard Partners QP, L.P. (the "Western Standard Parties" and collectively with the Newtyn Parties, the "13D Group"). As a member of the 13D Group, each Newtyn Party would be deemed to beneficially own the aggregate amount of the Common Stock that each of the 13D Group members beneficially owns, in which case it or he would be deemed to beneficially own 2,455,580 shares of Common Stock. However, none of the Newtyn Parties have the ability to direct the acquisition or disposition or, except through the Cooperation Agreement, voting of the securities held by Western Standard Parties, and none of the Western Standard Parties have the ability to direct the acquisition or disposition or, except through the Cooperation Agreement, voting of the securities held by the Newtyn Parties. As members of the 13D Group, the combined holdings of the Newtyn Parties and the Western Standard Parties would result in each Newtyn Party having voting power equivalent to a combined beneficial ownership of 18.4% of the Issuer's outstanding Common Stock for voting purposes. Each Newtyn Party disclaims beneficial ownership of the shares beneficially owned by the 13D Group except to the extent of its or his pecuniary interest therein, if any, and this report shall not be deemed an admission that it or he is the beneficial owner of such shares.
/s/ Noah G. Levy
2020-08-13
Newtyn Management, LLC; /s/ Noah G. Levy, Managing Member
2020-08-13
Newtyn Partners, LP; By: Newtyn Management, LLC, Investment Manager; /s/ Noah G. Levy, Managing Member
2020-08-13
Newtyn TE Partners, LP; By: Newtyn Management, LLC, Investment Manager; /s/ Noah G. Levy, Managing Member
2020-08-13
Newtyn Capital Partners, LP; By: Ledo Capital, LLC, General Partner; /s/ Noah; G. Levy, Managing Member
2020-08-13
Ledo Capital, LLC; /s/ Noah G. Levy, Managing Member
2020-08-13