0000905718-18-000123.txt : 20180212 0000905718-18-000123.hdr.sgml : 20180212 20180212160909 ACCESSION NUMBER: 0000905718-18-000123 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20170719 FILED AS OF DATE: 20180212 DATE AS OF CHANGE: 20180212 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: EMSTER KURT VON CENTRAL INDEX KEY: 0001252524 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-36500 FILM NUMBER: 18596435 MAIL ADDRESS: STREET 1: 601 GATEWAY BOULEVARD STREET 2: SUITE 350 CITY: SAN FRANCISCO STATE: CA ZIP: 94080 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: CymaBay Therapeutics, Inc. CENTRAL INDEX KEY: 0001042074 STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834] IRS NUMBER: 943103561 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 7999 GATEWAY BLVD STREET 2: SUITE 130 CITY: NEWARK STATE: CA ZIP: 94560 BUSINESS PHONE: 510-293-8800 MAIL ADDRESS: STREET 1: 7999 GATEWAY BLVD STREET 2: SUITE 130 CITY: NEWARK STATE: CA ZIP: 94560 FORMER COMPANY: FORMER CONFORMED NAME: METABOLEX, INC. DATE OF NAME CHANGE: 20090721 FORMER COMPANY: FORMER CONFORMED NAME: METABOLEX INC DATE OF NAME CHANGE: 19970710 4 1 cymabaytherafm4_july192017.xml OWNERSHIP DOCUMENT X0306 4 2017-07-19 0 0001042074 CymaBay Therapeutics, Inc. CBAY 0001252524 EMSTER KURT VON C/O CYMABAY THERAPEUTICS, INC. 7999 GATEWAY BLVD, SUITE 130 NEWARK CA 94560 1 0 0 0 Common Stock 2017-07-19 4 P 0 153846 6.50 A 1753846 I See Footnotes Common Stock 90000 D Common Stock 17236 I By the Konrad Hans von Emster III and Elizabeth F. von Emster Revocable Trust dated January 18, 2005 Kurt von Emster's (the "Reporting Person") pecuniary interest in Abingworth Bioventures VI, LP's ("ABV VI") July 19, 2017 purchase of 153,846 shares of common stock of CymaBay Therapeutics, Inc. ("Issuer") at a price of $6.50 per share reported herein was matchable under Section 16(b) of the Securities Exchange Act of 1934, to the extent of Reporting Person's pecuniary interest in the sales of common stock by ABV VI and Abingworth BioEquities Master Fund Limited ("ABE") made between September 28, 2017 and January 17, 2018. The Reporting Person has paid to Issuer $692.00, representing the full amount of the Reporting Person's pecuniary interest in the profit realized in connection with the short-swing transactions, less transaction costs (rounded to the nearest dollar). These shares were omitted from the Forms 4 filed by Reporting Person on October 2, 2017 and the twelve Form 4 filings made thereafter. The shares purchased are held by ABV VI. Abingworth LLP ("Abingworth") is the investment manager of ABV VI and ABE (the "Abingworth Funds") and has been delegated with all investment and dispositive power over the securities held by the Abingworth Funds. The Reporting Person is a member of the investment committee of Abingworth, which approves investment and voting decisions by a majority vote, and no individual member has the sole control or voting power over the shares held by Abingworth. From time to time, the investment committee may delegate investment and voting authority over certain securities held by the Abingworth Funds to employees of Abingworth subject to the supervision and oversight of the investment committee, including any limits on such authority imposed by the investment committee in its discretion and the right of the investment committee to revoke such authority at any time. The Reporting Person disclaims beneficial ownership of such shares, except to the extent of his pecuniary interest therein, if any. /s/ John Heard, as attorney-in-fact 2018-02-12