James E. Flynn - Jun 30, 2022 Form 4 Insider Report for Acutus Medical, Inc. (AFIB)

Signature
/s/ Jonathan Isler, Attorney-in-Fact
Stock symbol
AFIB
Transactions as of
Jun 30, 2022
Transactions value $
$0
Form type
4
Date filed
7/5/2022, 05:27 PM
Previous filing
Jun 20, 2023
Next filing
Sep 20, 2022

Derivative Securities (e.g., puts, calls, warrants, options, convertible securities)

Type Sym Class Transaction Value $ Shares Change % * Price $ Shares After Date Underlying Class Amount Exercise Price Ownership Footnotes
transaction AFIB Warrant to Purchase Common Stock Award +1.89M 1.89M Jun 30, 2022 Common Stock 1.89M $1.11 Through Deerfield Partners, L.P. F1, F2, F3
transaction AFIB Warrant to Purchase Common Stock Award +1.89M 1.89M Jun 30, 2022 Common Stock 1.89M $1.11 Through Deerfield Private Design Fund III, L.P. F1, F2, F3
* An asterisk sign (*) next to the price indicates that the price is likely invalid.

Explanation of Responses:

Id Content
F1 The reported transactions involved the issuance of Warrants as consideration for the execution and delivery of the Amended and Restated Credit Agreement, dated as of June 30, 2022 among the Funds (as defined below), the Issuer, and Wilmington Trust, National Association, as administrative agent for the lenders named therein, pursuant to which each Fund agreed to make, refinance or otherwise continue and/or maintain a $17.5 million ($35.0 million in the aggregate) term loan to the Issuer. The issuance of such Warrants was exempted pursuant to Rule 16b-3 under the Securities Exchange Act of 1934, as amended.
F2 This Form 4 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, L.P. is the general partner of Deerfield Partners, L.P. (collectively with Fund III, 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, L.P., Deerfield Mgmt III, L.P. and Deerfield Management Company, L.P.
F3 In accordance with Instruction 4(b)(iv) to Form 4, the entire amount of the Issuer's securities held by the Funds is reported herein. For purposes of Section 16 of the Securities Exchange Act of 1934, as amended, each Reporting Person disclaims beneficial ownership of any such securities, except to the extent of his/its indirect pecuniary interest therein, if any, and this report shall not be deemed an admission that such Reporting Person is the beneficial owner of such securities for purposes of Section 16 or otherwise.

Remarks:

Jonathan Isler, Attorney-in-Fact: Power of Attorney, which is hereby incorporated by reference to Exhibit 24 to a Form 4 with regard to DA32 Life Science Tech Acquisition Corp. filed with the Securities and Exchange Commission on August 3, 2021 by Deerfield Partners, L.P., Deerfield Mgmt, L.P., Deerfield Management Company, L.P. and James E. Flynn.