0000914190-16-000824.txt : 20160908 0000914190-16-000824.hdr.sgml : 20160908 20160908160240 ACCESSION NUMBER: 0000914190-16-000824 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20160815 FILED AS OF DATE: 20160908 DATE AS OF CHANGE: 20160908 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: Arno Therapeutics, Inc CENTRAL INDEX KEY: 0001195116 STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834] IRS NUMBER: 522286452 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 200 ROUTE 31 NORTH STREET 2: SUITE 104 CITY: FLEMINGTON STATE: NJ ZIP: 08822 BUSINESS PHONE: (862) 703-7175 MAIL ADDRESS: STREET 1: 200 ROUTE 31 NORTH STREET 2: SUITE 104 CITY: FLEMINGTON STATE: NJ ZIP: 08822 FORMER COMPANY: FORMER CONFORMED NAME: LAURIER INTERNATIONAL INC DATE OF NAME CHANGE: 20021001 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: SUSSMAN S DONALD CENTRAL INDEX KEY: 0001044734 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-52153 FILM NUMBER: 161876210 MAIL ADDRESS: STREET 1: 217 COMMECIAL STREET STREET 2: 5TH FLOOR CITY: PORTLAND STATE: ME ZIP: 04101 4 1 edgar.xml PRIMARY DOCUMENT X0306 4 2016-08-15 0001195116 Arno Therapeutics, Inc ARNI 0001044734 SUSSMAN S DONALD C/O HEWLETT BAY ASSOCIATES LLC 800 WESTCHESTER AVENUE, SUITE S-414 RYE BROOK NY 10573 0 0 1 1 See Footnote 1 Common Stock 2016-08-15 4 P 0 714285 A 714285 D Common Stock 4472905 I By Commercial Street Capital, LLC 2016 Series F Warrants (right to buy) .4375 2016-08-15 4 P 0 357142 A 2016-08-15 2021-08-15 Common Stock 357142 357142 D 2012 Series A Warrants 1.17 2013-10-29 2017-11-26 Common Stock 1780625 1780625 I By Commercial Street Capital, LLC 2013 Series D Warrants 1.81 2013-10-29 2018-10-29 Common Stock 1523207 1523207 I By Commercial Street Capital, LLC CSC has a contractual right to designate one member of the Issuer's board of directors and has designated Steven B. Ruchefsky, a director of the Issuer, pursuant to such right. Accordingly, the Reporting Person, as a co-managing director of CSC, may be deemed to be a director by deputization for purposes of Section 16 of the Exchange Act. The reported securities are included within 714,285 Issuer units purchased by the Reporting Person for $0.35 per unit. Each unit consists of one share of common stock and a 2016 Series F Warrant to purchase one-half share of common stock. Represents securities of the Issuer directly held by Commercial Street Capital LLC ("CSC"). The Reporting Person is a co-managing member of CSC and as such may be deemed to beneficially own the securities held by CSC. The Reporting Person disclaims beneficial ownership of these securities except to the extent of his pecuniary interest therein, and this report shall not be deemed an admission that the Reporting Person is the beneficial owner of such securities for purposes of Section 16 or for any other purpose. As a result of the Issuer's 8/15/16 private placement of common stock and Series F Warrants, the exercise prices and shares underlying the 2012 Series A Warrants and 2013 Series D Warrants were automatically adjusted to the exercise price and shares reflected pursuant to anti-dilution adjustment provisions in such warrants. /s/ Christopher J. Melsha as Attorney-in-Fact for S. Donald Sussman pursuant to Power of Attorney filed herewith. 2016-09-08 EX-24 2 sussmanpoa.htm SUSSMAN POWER OF ATTORNEY

Power of Attorney



The undersigned hereby makes, constitutes and appoints Christopher J. Melsha

as the undersigned's true and lawful authorized representative, attorney-in-

fact and agent, with the power individually to execute for and on behalf of

the undersigned and to file with and deliver to the United States Securities

and Exchange Commission and any other authority or party required or entitled

to receive the same: (a) any Forms 3, 4 and 5, and any amendments thereto, in

accordance with Section 16(a) of the Securities Exchange Act of 1934, as

amended (the "1934 Act"), and the rules promulgated thereunder; and (b) any

Schedule 13D or Schedule 13G, and any amendments thereto, in each case,

relating to beneficial ownership of securities of Arno Therapeutics, Inc., on

behalf of the undersigned in accordance with Section 13 or Section 16 of the

1934 Act and the rules promulgated thereunder.



The undersigned also hereby grants to such attorney-in-fact the full power

and authority to do and perform all and every act and thing whatsoever

requisite, necessary and proper to be done in the exercise of any of the

rights and powers herein granted, hereby ratifying and confirming all that

such attorney-in-fact shall lawfully do or cause to be done by virtue of this

power of attorney and the rights and powers herein granted. The undersigned

acknowledges that the foregoing attorney-in-fact, in serving in such capacity

at the request of the undersigned, is not assuming any of the undersigned's

responsibilities to comply with Section 16 or Section 13 or any other

provision of the 1934 Act or the rules promulgated thereunder.



This Power of Attorney shall remain in full force and effect until earlier

revoked by the undersigned in a signed writing delivered to the foregoing

attorney-in-fact.



IN WITNESS WHEREOF, the undersigned has executed this Power of Attorney as of

September 1, 2016.



/s/ S. Donald Sussman