James E. Flynn - Jan 27, 2025 Form 4 Insider Report for Acutus Medical, Inc. (AFIB)

Role
Director, Director by deputization
Signature
/s/ Jonathan Isler, Attorney-in-Fact
Stock symbol
AFIB
Transactions as of
Jan 27, 2025
Transactions value $
$0
Form type
4
Date filed
1/28/2025, 09:00 PM
Previous filing
Nov 13, 2024
Next filing
Mar 3, 2025
SEC
View on sec.gov

Transactions Table

Type Sym Class Transaction Value $ Shares Change % * Price $ Shares After Date Ownership Footnotes
holding AFIB Common Stock 20.8K Jan 27, 2025 Through Deerfield Management Company, L.P. F1, F2, F3
holding AFIB Common Stock 1.03M Jan 27, 2025 Through Deerfield Partners, L.P. F3, F4
holding AFIB Common Stock 1.62M Jan 27, 2025 Through Deerfield Private Design Fund III, L.P. F3, F4

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 Disposed to Issuer -1.89M -100% 0 Jan 27, 2025 Class A Common Stock 1.89M $1.11 Through Deerfield Partners, L.P. F3, F4, F5, F7
transaction AFIB Warrant to Purchase Common Stock Disposed to Issuer -1.89M -100% 0 Jan 27, 2025 Class A Common Stock 1.89M $1.11 Through Deerfield Private Design Fund III, L.P. F3, F4, F5, F7
transaction AFIB Warrant to Purchase Common Stock Disposed to Issuer -210K -100% 0 Jan 27, 2025 Class A Common Stock 210K $16.67 Through Deerfield Private Design Fund III, L.P. F3, F4, F5, F7
transaction AFIB Warrant to Purchase Common Stock Disposed to Issuer -193K -100% 0 Jan 27, 2025 Class A Common Stock 193K $0.10 Through Deerfield Private Design Fund III, L.P. F3, F4, F5, F7
transaction AFIB Warrant to Purchase Common Stock Disposed to Issuer -31.1K -100% 0 Jan 27, 2025 Class A Common Stock 31.1K $0.10 Through Deerfield Partners, L.P. F3, F4, F5, F7
holding AFIB Series A Common Stock Equivalent Convertible Preferred Stock 948K Jan 27, 2025 Class A Common Stock 948K Through Deerfield Partners, L.P. F3, F4, F6
holding AFIB Series A Common Stock Equivalent Convertible Preferred Stock 1.82M Jan 27, 2025 Class A Common Stock 1.82M Through Deerfield Private Design Fund III, L.P. F3, F4, F6
* An asterisk sign (*) next to the price indicates that the price is likely invalid.

Explanation of Responses:

Id Content
F1 Represents shares of the Issuer's Class A Common Stock previously issued upon settlement of certain restricted stock units ("RSUs") held by Andrew ElBardissi.
F2 Andrew ElBardissi, a partner in Deerfield Management Company, L.P. ("Deerfield Management"), serves as a director of the Issuer. The Class A Common Stock held by Mr. ElBardissi and reported herein are held for the benefit, and at the direction, of Deerfield Management.
F3 This Form 4 is being filed by the undersigned as well as the entity listed on the Joint Filer Information Statement attached as an exhibit hereto (the "Reporting Persons"). James E. Flynn is the sole member of the general partner of Deerfield Management. 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.
F4 Deerfield Management is the investment manager of Deerfield Partners, L.P. and Deerfield Private Design Fund III, L.P.
F5 Each warrant was terminated by mutual agreement of the Reporting Persons and the Issuer. The Reporting Persons received in the aggregate $250,000 as consideration for such termination.
F6 Each share of Series A Common Equivalent Preferred Stock is convertible at any time into 1,000 shares of Common Stock, subject to a beneficial ownership limitation. The ability of a holder to convert Series A Common Equivalent Preferred Stock into Class A Common Stock is prohibited to the extent that, upon such conversion, such holder, its affiliates and other persons whose ownership of Class A Common Stock would be aggregated with that of such holder for purposes of Section 13(d) of the Securities Exchange Act of 1934, as amended, would exceed 4.9% of the total number of shares of Class A Common Stock then outstanding.
F7 Prior to cancellation, each warrant was fully exercisable.

Remarks:

Andrew ElBardissi, a partner in Deerfield Management, serves as a director of the Issuer. 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.