0001193805-24-000413.txt : 20240319 0001193805-24-000413.hdr.sgml : 20240319 20240319212836 ACCESSION NUMBER: 0001193805-24-000413 CONFORMED SUBMISSION TYPE: 3 PUBLIC DOCUMENT COUNT: 3 CONFORMED PERIOD OF REPORT: 20240315 FILED AS OF DATE: 20240319 DATE AS OF CHANGE: 20240319 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: DEERFIELD MANAGEMENT COMPANY, L.P. (SERIES C) CENTRAL INDEX KEY: 0001009258 ORGANIZATION NAME: STATE OF INCORPORATION: DE FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-38762 FILM NUMBER: 24766127 BUSINESS ADDRESS: STREET 1: 345 PARK AVENUE SOUTH, 12TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10010 BUSINESS PHONE: 2125511600 MAIL ADDRESS: STREET 1: 345 PARK AVENUE SOUTH, 12TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10010 FORMER NAME: FORMER CONFORMED NAME: DEERFIELD MANAGEMENT CO DATE OF NAME CHANGE: 20131114 FORMER NAME: FORMER CONFORMED NAME: DEERFIELD MANAGEMENT CO /NY DATE OF NAME CHANGE: 19981022 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Flynn James E CENTRAL INDEX KEY: 0001352546 ORGANIZATION NAME: FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-38762 FILM NUMBER: 24766129 MAIL ADDRESS: STREET 1: 780 THIRD AVENUE STREET 2: 37TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10017 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Deerfield Healthcare Innovations Fund II, L.P. CENTRAL INDEX KEY: 0001780064 ORGANIZATION NAME: STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-38762 FILM NUMBER: 24766126 BUSINESS ADDRESS: STREET 1: 780 THIRD AVENUE, 37TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10017 BUSINESS PHONE: 212-551-1600 MAIL ADDRESS: STREET 1: 780 THIRD AVENUE, 37TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10017 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Deerfield Mgmt HIF II, L.P. CENTRAL INDEX KEY: 0001876779 ORGANIZATION NAME: STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-38762 FILM NUMBER: 24766128 BUSINESS ADDRESS: STREET 1: 345 PARK AVENUE SOUTH, 12TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10010 BUSINESS PHONE: 212-551-1600 MAIL ADDRESS: STREET 1: 345 PARK AVENUE SOUTH, 12TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10010 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Deerfield Private Design Fund V, L.P. CENTRAL INDEX KEY: 0001815437 ORGANIZATION NAME: STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-38762 FILM NUMBER: 24766124 BUSINESS ADDRESS: STREET 1: 780 THIRD AVENUE, 37TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10017 BUSINESS PHONE: 212-551-1600 MAIL ADDRESS: STREET 1: 780 THIRD AVENUE, 37TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10017 FORMER NAME: FORMER CONFORMED NAME: Deerfield Issues Private Design V, L.P. DATE OF NAME CHANGE: 20200727 FORMER NAME: FORMER CONFORMED NAME: Deerfield Private Design Fund V, L.P. DATE OF NAME CHANGE: 20200717 FORMER NAME: FORMER CONFORMED NAME: Deerfield Private Design V, L.P. DATE OF NAME CHANGE: 20200617 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Deerfield Mgmt V, L.P. CENTRAL INDEX KEY: 0001876688 ORGANIZATION NAME: STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-38762 FILM NUMBER: 24766125 BUSINESS ADDRESS: STREET 1: 345 PARK AVENUE SOUTH, 12TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10010 BUSINESS PHONE: 212-551-1600 MAIL ADDRESS: STREET 1: 345 PARK AVENUE SOUTH, 12TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10010 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: BiomX Inc. CENTRAL INDEX KEY: 0001739174 STANDARD INDUSTRIAL CLASSIFICATION: BIOLOGICAL PRODUCTS (NO DIAGNOSTIC SUBSTANCES) [2836] ORGANIZATION NAME: 03 Life Sciences IRS NUMBER: 000000000 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 22 EINSTEIN ST., 4TH FLOOR CITY: NESS ZIONA STATE: L3 ZIP: 7414003 BUSINESS PHONE: (972) 72 394 2377 MAIL ADDRESS: STREET 1: 22 EINSTEIN ST., 4TH FLOOR CITY: NESS ZIONA STATE: L3 ZIP: 7414003 FORMER COMPANY: FORMER CONFORMED NAME: Chardan Healthcare Acquisition Corp. DATE OF NAME CHANGE: 20180430 3 1 e619384_3-biomx.xml X0206 3 2024-03-15 1 0001739174 BiomX Inc. PHGE 0001352546 Flynn James E 345 PARK AVENUE SOUTH, 12TH FLOOR NEW YORK NY 10010 1 0 0 1 *Director by Deputization 0001876779 Deerfield Mgmt HIF II, L.P. 345 PARK AVENUE SOUTH, 12TH FLOOR NEW YORK NY 10010 1 0 0 1 *Director by Deputization 0001009258 DEERFIELD MANAGEMENT COMPANY, L.P. (SERIES C) 345 PARK AVENUE SOUTH, 12TH FLOOR NEW YORK NY 10010 1 0 0 1 *Director by Deputization 0001780064 Deerfield Healthcare Innovations Fund II, L.P. 345 PARK AVENUE SOUTH, 12TH FLOOR NEW YORK NY 10010 1 0 0 1 *Director by Deputization 0001876688 Deerfield Mgmt V, L.P. 345 PARK AVENUE SOUTH, 12TH FLOOR NEW YORK NY 10010 1 0 0 1 *Director by Deputization 0001815437 Deerfield Private Design Fund V, L.P. 345 PARK AVENUE SOUTH, 12TH FLOOR NEW YORK NY 10010 1 0 0 1 *Director by Deputization Please see Joint Filer Information Statement attached as Exhibit 99 hereto. Jonathan Leff, a partner in Deerfield Management Company, L.P. serves as a director of the Issuer. This Form 3 is being filed by the undersigned as well as the entities listed on the Joint Filer Information Statement attached as an exhibit hereto (the "Reporting Persons"). Deerfield Mgmt III, L.P. is the general partner of Deerfield Private Design Fund III, L.P. ("Fund III"). Deerfield Mgmt HIF, L.P. is the general partner of Deerfield Healthcare Innovations Fund, L.P. ("Deerfield Innovations"). Deerfield Mgmt, L.P. is the general partner of Deerfield Partners, L.P. (collectively with Fund III and Deerfield Innovations, the "Funds"). Deerfield Management Company, L.P. is the investment manager of the Funds. James E. Flynn is the sole member of the general partner of each of Deerfield Mgmt III, L.P., Deerfield Mgmt HIF, L.P., Deerfield Mgmt, L.P. and Deerfield Management Company, L.P. Exhibit 24 - Power of Attorney. /s/ Jonathan Isler, Attorney-in-Fact 2024-03-19 EX-24 2 e619384_ex24.htm

 

POWER OF ATTORNEY

 

Know all by these presents, each of the undersigned hereby constitutes and appoints each of Jonathan Isler and David J. Clark, each signing singly, the undersigned’s true and lawful attorney-in-fact to:

 

(1)execute for and on behalf of the undersigned (i) Forms 3, 4 and 5 (and all amendments thereto) in accordance with Section 16(a) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), and the rules thereunder and (ii) reports on Schedule 13G and Schedule 13D (and all amendments thereto)  in accordance with Section 13 of the Exchange Act and the rules thereunder, in each case with respect to the beneficial ownership of securities by the undersigned;

 

(2)do and perform any and all acts for and on behalf of the undersigned which may be necessary or desirable to complete and execute any such Form 3, 4 or 5 or Schedule 13G or Schedule 13D, complete and execute any amendment or amendments thereto, and file such form with the United States Securities and Exchange Commission and any stock exchange or similar authority; and

 

(3)take any other action of any type whatsoever in connection with the foregoing which, in the opinion of such attorney-in-fact, may be of benefit to, in the best interest of, or legally required by, the undersigned, it being understood that the documents executed by such attorney-in-fact on behalf of the undersigned pursuant to this Power of Attorney shall be in such form and shall contain such terms and conditions as such attorney-in-fact may approve in such attorney-in-fact's discretion.

 

The undersigned hereby grants to each such attorney-in-fact full power and authority to do and perform any and every act and thing whatsoever requisite, necessary, or proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as the undersigned might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that such attorney-in-fact, or such attorney-in-fact’s substitute or substitutes, shall lawfully do or cause to be done by virtue of this power of attorney and the rights and powers herein granted.  The undersigned acknowledges that the foregoing attorneys-in-fact, in serving in such capacity at the request of the undersigned, are not assuming any of the undersigned’s responsibilities to comply with Section 13 or Section 16 of the Exchange Act.

 

This Power of Attorney shall remain in full force and effect until revoked by the undersigned in a signed writing delivered to the foregoing attorneys-in-fact.

 

 

 

 

IN WITNESS WHEREOF, each of the undersigned has caused this Power of Attorney to be executed as of this 19th day of March, 2024.

 

DEERFIELD MGMT, L.P.
     
By: J.E. Flynn Capital, LLC, General Partner  
     
By: /s/ James E. Flynn                                             
  James E. Flynn, President  

 

DEERFIELD PARTNERS, L.P.
     
By: Deerfield Mgmt, L.P., General Partner  
     
By: J.E. Flynn Capital, LLC, General Partner  
     
By: /s/ James E. Flynn  
  James E. Flynn, President  

 

DEERFIELD SPECIAL SITUATIONS FUND, L.P.
     
By: Deerfield Mgmt, L.P., General Partner  
     
By: J.E. Flynn Capital, LLC, General Partner  
     
By: /s/ James E. Flynn  
  James E. Flynn, President  

 

DEERFIELD PDI FINANCING II, L.P.
     
By: Deerfield Mgmt, L.P., General Partner  
     
By: J.E. Flynn Capital, LLC, General Partner  
     
By: /s/ James E. Flynn  
  James E. Flynn, President  

 

DEERFIELD PRIVATE DESIGN FUND II, L.P.
     
By: Deerfield Mgmt, L.P., General Partner  
     
By: J.E. Flynn Capital, LLC, General Partner  
     
By: /s/ James E. Flynn  
  James E. Flynn, President  

 

DEERFIELD PRIVATE DESIGN INTERNATIONAL II, L.P.
     
By: Deerfield Mgmt, L.P., General Partner  
     
By: J.E. Flynn Capital, LLC, General Partner  
     
By: /s/ James E. Flynn  
  James E. Flynn, President  

 

 

 

 

DEERFIELD MANAGEMENT COMPANY, L.P.
     
By: Flynn Management LLC, General Partner  
     
By: /s/ James E. Flynn  
  James E. Flynn, President  

 

DEERFIELD PRIVATE DESIGN FUND III, L.P.
     
By: Deerfield Mgmt III, L.P., General Partner  
     
By: J.E. Flynn Capital III, LLC, General Partner  
     
By: /s/ James E. Flynn  
  James E. Flynn, President  

 

DEERFIELD MGMT III, L.P.
     
By: J.E. Flynn Capital III, LLC, General Partner  
     
By: /s/ James E. Flynn  
  James E. Flynn, President  

 

DEERFIELD PRIVATE DESIGN FUND IV, L.P.
     
By: Deerfield Mgmt IV, L.P., General Partner  
     
By: J.E. Flynn Capital IV, LLC, General Partner  
     
By: /s/ James E. Flynn  
  James E. Flynn, President  

 

DEERFIELD MGMT IV, L.P.  
     
By: J.E. Flynn Capital IV, LLC, General Partner  
     
By: /s/ James E. Flynn  
  James E. Flynn, President  

  

DEERFIELD HEALTHCARE INNOVATIONS FUND, L.P.
   
Deerfield Mgmt HIF, L.P., General Partner  
   
J.E. Flynn Capital HIF LLC, General Partner  
   
/s/ James E. Flynn  
James E. Flynn, President  

 

 

 

 

DEERFIELD MGMT HIF, L.P.
     
By: J.E. Flynn Capital HIF, LLC, General Partner  
     
By: /s/ James E. Flynn  
  James E. Flynn, President  

 

DEERFIELD PRIVATE DESIGN FUND V, L.P.
     
By: Deerfield Mgmt V, L.P., General Partner  
     
By: J.E. Flynn Capital V, LLC, General Partner  
     
By: /s/ James E. Flynn  
  James E. Flynn, President  

 

DEERFIELD MGMT V, L.P.
     
By: J.E. Flynn Capital V, LLC, General Partner  
     
By: /s/ James E. Flynn  
  James E. Flynn, President  

 

DEERFIELD HEALTHCARE INNOVATIONS FUND II, L.P.
     
By: Deerfield Mgmt HIF II, L.P., General Partner  
     
By: J.E. Flynn Capital HIF II LLC, General Partner  
     
By: /s/ James E. Flynn  
  James E. Flynn, President  

 

DEERFIELD MGMT HIF II, L.P.
     
By: J.E. Flynn Capital HIF II, LLC, General Partner  
     
By: /s/ James E. Flynn  
  James E. Flynn, President  

 

JAMES E. FLYNN

/s/ James E. Flynn

 

 

 EX-99 3 e619384_ex99.htm

 

Joint Filer Information

 

Names:

Deerfield Mgmt V, L.P., Deerfield Mgmt HIF II, L.P., Deerfield Management Company, L.P., Deerfield Private Design Fund V, L.P. and Deerfield Healthcare Innovations Fund II, L.P.

   
Address:

345 Park Avenue South, 12th Floor

New York, NY  10010

   
Designated Filer: James E. Flynn
   
Issuer and Ticker Symbol: BiomX Inc. [PHGE]

   
Date of Event Requiring Statement: March 15, 2024

 

The undersigned, Deerfield Mgmt V, L.P., Deerfield Mgmt HIF II, L.P., Deerfield Management Company, L.P., Deerfield Private Design Fund V, L.P. and Deerfield Healthcare Innovations Fund II, L.P. are jointly filing the attached Initial Statement of Beneficial Ownership on Form 3 with James E. Flynn with respect to the beneficial ownership of securities of BiomX Inc.

 

Signatures:

   

DEERFIELD MGMT HIF II, L.P.

By: J.E. Flynn Capital HIF II, LLC, General Partner

 

By:  /s/ Jonathan Isler

        Jonathan Isler, Attorney-In-Fact

 

DEERFIELD MGMT V, L.P.

By: J.E. Flynn Capital V, LLC, General Partner

 

By:  /s/ Jonathan Isler

        Jonathan Isler, Attorney-In-Fact

 

   

DEERFIELD MANAGEMENT COMPANY, L.P.

By: Flynn Management LLC, General Partner

 

By:  /s/ Jonathan Isler

        Jonathan Isler, Attorney-In-Fact

 

DEERFIELD PRIVATE DESIGN FUND V, L.P.

By: Deerfield Mgmt V, L.P., General Partner

By: J.E. Flynn Capital V, LLC, General Partner

 

By:  /s/ Jonathan Isler

        Jonathan Isler, Attorney-In-Fact

   

DEERFIELD HEALTHCARE INNOVATIONS FUND II, L.P.

By: Deerfield Mgmt HIF II, L.P., General Partner

By:J.E. Flynn Capital HIF II, LLC, General Partner

 

By:  /s/ Jonathan Isler

        Jonathan Isler, Attorney-In-Fact