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