0001140361-23-016439.txt : 20230404
0001140361-23-016439.hdr.sgml : 20230404
20230404201325
ACCESSION NUMBER: 0001140361-23-016439
CONFORMED SUBMISSION TYPE: 4
PUBLIC DOCUMENT COUNT: 1
CONFORMED PERIOD OF REPORT: 20230404
FILED AS OF DATE: 20230404
DATE AS OF CHANGE: 20230404
REPORTING-OWNER:
OWNER DATA:
COMPANY CONFORMED NAME: CPMG Inc
CENTRAL INDEX KEY: 0001372218
STATE OF INCORPORATION: TX
FISCAL YEAR END: 1231
FILING VALUES:
FORM TYPE: 4
SEC ACT: 1934 Act
SEC FILE NUMBER: 001-35706
FILM NUMBER: 23800739
BUSINESS ADDRESS:
STREET 1: 4215 WEST LOVERS LANE
STREET 2: SUITE 100
CITY: DALLAS
STATE: TX
ZIP: 75209
BUSINESS PHONE: 214-871-6816
MAIL ADDRESS:
STREET 1: 4215 WEST LOVERS LANE
STREET 2: SUITE 100
CITY: DALLAS
STATE: TX
ZIP: 75209
REPORTING-OWNER:
OWNER DATA:
COMPANY CONFORMED NAME: Desai Antal Rohit
CENTRAL INDEX KEY: 0001881616
FILING VALUES:
FORM TYPE: 4
SEC ACT: 1934 Act
SEC FILE NUMBER: 001-35706
FILM NUMBER: 23800738
MAIL ADDRESS:
STREET 1: C/O PROCEPT BIOROBOTICS CORPORATION
STREET 2: 900 ISLAND DRIVE
CITY: REDWOOD CITY
STATE: CA
ZIP: 94065
ISSUER:
COMPANY DATA:
COMPANY CONFORMED NAME: Apollo Endosurgery, Inc.
CENTRAL INDEX KEY: 0001251769
STANDARD INDUSTRIAL CLASSIFICATION: SURGICAL & MEDICAL INSTRUMENTS & APPARATUS [3841]
IRS NUMBER: 161630142
STATE OF INCORPORATION: DE
FISCAL YEAR END: 1231
BUSINESS ADDRESS:
STREET 1: 1120 SOUTH CAPITAL OF TX HWY
STREET 2: BUILDING 1 SUITE 300
CITY: AUSTIN
STATE: TX
ZIP: 78746
BUSINESS PHONE: 512-279-5100
MAIL ADDRESS:
STREET 1: 1120 SOUTH CAPITAL OF TX HWY
STREET 2: BUILDING 1 SUITE 300
CITY: AUSTIN
STATE: TX
ZIP: 78746
FORMER COMPANY:
FORMER CONFORMED NAME: LPATH, INC
DATE OF NAME CHANGE: 20060316
FORMER COMPANY:
FORMER CONFORMED NAME: LPATH INC
DATE OF NAME CHANGE: 20051202
FORMER COMPANY:
FORMER CONFORMED NAME: NEIGHBORHOOD CONNECTIONS INC
DATE OF NAME CHANGE: 20040323
4
1
form4.xml
X0407
4
2023-04-04
true
0001251769
Apollo Endosurgery, Inc.
APEN
0001372218
CPMG Inc
4215 WEST LOVERS LN., STE 100
DALLAS
TX
75209
true
true
See Remarks
0001881616
Desai Antal Rohit
4215 WEST LOVERS LN., STE 100
DALLAS
TX
75209
true
false
Common Stock
2023-04-04
4
D
0
675181
D
0
I
By Curlew Fund, LP
Common Stock
2023-04-04
4
D
0
1310701
D
0
I
By Killdeer Fund, LP
Common Stock
2023-04-04
4
D
0
3687781
D
0
I
By Roadrunner Fund, LP
Common Stock
2023-04-04
4
D
0
45594
D
0
I
By Crested Crane, LP
Common Stock
2023-04-04
4
D
0
63671
D
0
I
By Kestrel Fund, LP
Common Stock
2023-04-04
4
D
0
400675
D
0
I
By Mallard Fund, LP
CPMG, Inc. is the investment manager of each of: Crested Crane, LP; Curlew Fund, LP; Kestrel Fund, LP; Mallard Fund, LP; Roadrunner Fund, LP; and Killdeer Fund, LP (the "Funds"). In such capacity, CPMG, Inc. may be deemed to have voting and investment power over the securities held directly by each of the Funds. Kent McGaughy, Jr. and Antal Desai, each of whom is a shareholder and managing partner of CPMG, Inc., may be deemed to share voting and investment power with respect to the shares held directly by the Funds. Kent McGaughy, Jr. reports his beneficial ownership of these shares on a separate Form 4.
Each of CPMG, Inc. and Mr. Desai (collectively, the "Reporting Persons") disclaims beneficial ownership of the securities reported herein except to the extent of its and his pecuniary interest therein, if any, and this report shall not be deemed an admission that the Reporting Persons are the beneficial owner of such securities for purposes of Section 16 of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), or for any other purpose.
Reflects the disposition of the Reporting Persons' indirectly owned shares of the Issuer's common stock, par value $0.001 per share ("Issuer Common Stock"), upon the consummation of the transactions contemplated by the Agreement and Plan of Merger (the "Merger Agreement"), dated as of November 29, 2022, among the Issuer, Boston Scientific Corporation ("Parent") and Textile Merger Sub, Inc., an indirect wholly owned subsidiary of Parent ("Merger Sub"), including the consummation of the merger between the Issuer and Merger Sub on April 4, 2023 (the "Merger"). Pursuant to the Merger Agreement, at the effective time of the Merger (the "Effective Time"), each outstanding share of Issuer Common Stock was canceled and converted automatically into the right to receive $10.00 in cash, without interest (the "Merger Consideration"), less applicable taxes and authorized deductions.
Mr. McGaughy, Jr. serves on the Issuer's Board of Directors (the "Board") as a representative of CPMG, Inc. By virtue of his representation on the Board, for purposes of Section 16 of the Securities Exchange Act of 1934, as amended, the Reporting Persons may be deemed to be directors of the Issuer by deputization of Mr. McGaughy, Jr.
/s/ John Bateman, Chief Operating Officer of CPMG, Inc.
2023-04-04
/s/ Antal Rohit Desai
2023-04-04