Sec Form 13D Filing - Propel Bio Management LLC filing for Eiger BioPharmaceuticals Inc. (EIGR) - 2023-11-02

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 disclosures provided in a prior cover page.

Source and Amount of Funds or Other Consideration. Item 3 of the Initial Schedule 13D is hereby amended and restated as follows:

Interests in Securities of the Issuer. Item 5(a), (b) and (c) of the Initial Schedule 13D are hereby amended and restated as follows:

The Reporting Persons may be deemed to beneficially own, in the aggregate, 5,375,225 Shares representing approximately 12.13% of the outstanding Shares, based upon the 44,296,417 shares of Common Stock outstanding as of August 9, 2023, as disclosed by the Issuer on its Form 10-Q filed with the U.S. Securities and Exchange Commission on August 14, 2023.

The Shares as to which each of the Reporting Persons has sole voting power, shared voting power, sole dispositive power and shared dispositive power is set forth in boxes 7, 8, 9 and 10, respectively, on the second part of the cover page to this Schedule 13D for each of the Reporting Persons, and such information is incorporated herein by reference. The Propel Investors, to which Propel Management, Ms. Kawas and Mr. Kayne provide discretionary advisory services, directly own 4,391,432 Shares. Ms. Kawas controls Propel Management. The Propel General Partner serves as the general partner to a private investment fund managed by Propel Management. Ms. Kawas and Mr. Kayne are control persons of the Propel General Partner. Accordingly, for purposes of Rule 13d-3 under the Securities Exchange Act of 1934, as amended (the “Exchange Act”), Propel Management, the Propel General Partner, Ms. Kawas and Mr. Kayne may be deemed to beneficially own some or all of these Shares. The Family Trust, of which Mr. Kayne is the trustee and a beneficiary, directly owns 983,793 Shares. Mr. Kayne, as trustee, possesses voting control and/or power to direct the disposition of these Shares held by the Family Trust. Accordingly, for purposes of Rule 13d-3 of the Exchange Act, the Family Trust and Mr. Kayne may be deemed to beneficially own these Shares. In addition, the Reporting Persons may be considered to form part of a group for purposes of Rule 13d-5(b) of the Exchange Act. In accordance with Rule 13d-4 of the Exchange Act, each Reporting Person disclaims beneficial ownership of any Shares not directly owned thereby.

Other than as set forth in Schedule I to this Schedule 13D or elsewhere in this Schedule 13D, the Reporting Persons have not engaged in any transactions in the Common Stock since the filing of the Initial Schedule 13D.