0000899243-21-036576.txt : 20210920 0000899243-21-036576.hdr.sgml : 20210920 20210920160509 ACCESSION NUMBER: 0000899243-21-036576 CONFORMED SUBMISSION TYPE: 4/A PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20210414 FILED AS OF DATE: 20210920 DATE AS OF CHANGE: 20210920 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Western Standard LLC CENTRAL INDEX KEY: 0001517666 STATE OF INCORPORATION: CA FILING VALUES: FORM TYPE: 4/A SEC ACT: 1934 Act SEC FILE NUMBER: 001-35409 FILM NUMBER: 211263294 BUSINESS ADDRESS: STREET 1: 5900 WILSHIRE BLVD STREET 2: SUITE 650 CITY: LOS ANGELES STATE: CA ZIP: 90036 BUSINESS PHONE: 3107465639 MAIL ADDRESS: STREET 1: 5900 WILSHIRE BLVD STREET 2: SUITE 650 CITY: LOS ANGELES STATE: CA ZIP: 90036 FORMER NAME: FORMER CONFORMED NAME: Western Standard, LLC DATE OF NAME CHANGE: 20160129 FORMER NAME: FORMER CONFORMED NAME: Western Standard LLC DATE OF NAME CHANGE: 20110408 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: WESTERN STANDARD PARTNERS LP CENTRAL INDEX KEY: 0001450414 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4/A SEC ACT: 1934 Act SEC FILE NUMBER: 001-35409 FILM NUMBER: 211263293 BUSINESS ADDRESS: STREET 1: 5900 WILSHIRE BLVD STREET 2: SUITE 650 CITY: LOS ANGELES STATE: CA ZIP: 90036 BUSINESS PHONE: 310-929-4300 MAIL ADDRESS: STREET 1: 5900 WILSHIRE BLVD STREET 2: SUITE 650 CITY: LOS ANGELES STATE: CA ZIP: 90036 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Western Standard Partners QP, L.P. CENTRAL INDEX KEY: 0001544857 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4/A SEC ACT: 1934 Act SEC FILE NUMBER: 001-35409 FILM NUMBER: 211263292 BUSINESS ADDRESS: STREET 1: 5900 WILSHIRE BLVD STREET 2: SUITE 650 CITY: LOS ANGELES STATE: CA ZIP: 90036 BUSINESS PHONE: 3109294300 MAIL ADDRESS: STREET 1: 5900 WILSHIRE BLVD STREET 2: SUITE 650 CITY: LOS ANGELES STATE: CA ZIP: 90036 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Andersen Eric CENTRAL INDEX KEY: 0001517667 FILING VALUES: FORM TYPE: 4/A SEC ACT: 1934 Act SEC FILE NUMBER: 001-35409 FILM NUMBER: 211263295 MAIL ADDRESS: STREET 1: 1507 BERKELEY ST STREET 2: SUITE 7 CITY: SANTA MONICA STATE: X1 ZIP: 90404 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: MERRIMACK PHARMACEUTICALS INC CENTRAL INDEX KEY: 0001274792 STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834] IRS NUMBER: 000000000 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: ONE BROADWAY STREET 2: 14TH FLOOR CITY: CAMBRIDGE STATE: MA ZIP: 02142 BUSINESS PHONE: 617-441-1000 MAIL ADDRESS: STREET 1: ONE BROADWAY STREET 2: 14TH FLOOR CITY: CAMBRIDGE STATE: MA ZIP: 02142 4/A 1 doc4a.xml FORM 4/A SUBMISSION X0306 4/A 2021-04-14 2021-04-16 0 0001274792 MERRIMACK PHARMACEUTICALS INC MACK 0001517667 Andersen Eric 5900 WILSHIRE BOULEVARD, SUITE 650 LOS ANGELES CA 90036 1 0 0 1 See remarks 0001517666 Western Standard LLC 5900 WILSHIRE BOULEVARD, SUITE 650 LOS ANGELES CA 90036 0 0 0 1 See Remarks 0001450414 WESTERN STANDARD PARTNERS LP 5900 WILSHIRE BOULEVARD, SUITE 650 LOS ANGELES CA 90036 0 0 0 1 See Remarks 0001544857 Western Standard Partners QP, L.P. 5900 WILSHIRE BOULEVARD, SUITE 650 LOS ANGELES CA 90036 0 0 0 1 See Remarks Common Stock 2021-04-14 4 P 0 40805 6.6329 A 947306 I See footnote Common Stock 2021-04-14 4 P 0 6495 6.6329 A 322252 I See footnote Common Stock 2021-07-01 4 P 0 52914 6.39 A 1000220 I See footnote Common Stock 2021-07-01 4 S 0 52914 6.39 D 269338 I See footnote The price reported in Column 4 is a weighted average price. These shares were purchased in multiple transactions at prices ranging from $6.60 to $6.70, inclusive. The reporting person undertakes to provide to the Issuer, any security holder of the Issuer, or the staff of the Securities and Exchange Commission, upon request, full information regarding the number of shares sold at each separate price within the ranges set forth in this footnote (1) to this Form 4/A. The shares are directly held by Western Standard Partners, L.P. ("WSP"). The general partner of the Funds is Western Standard, LLC ("Western Standard"). The managing member of Western Standard and the portfolio manager to the Funds is Mr. Andersen. Each of Western Standard and Mr. Andersen disclaims beneficial ownership of the shares except to the extent of its or his pecuniary interest therein, if any, and this report shall not be deemed an admission that it or he is the beneficial owner of such shares. The price reported in Column 4 is a weighted average price. These shares were purchased in multiple transactions at prices ranging from $6.60 to $6.70, inclusive. The reporting person undertakes to provide to the Issuer, any security holder of the Issuer, or the staff of the Securities and Exchange Commission, upon request, full information regarding the number of shares sold at each separate price within the ranges set forth in this footnote (3) to this Form 4/A. The shares are directly held by Western Standard Partners QP, L.P. ("WSP QP"). The general partner of the Funds is Western Standard. The managing member of Western Standard and the portfolio manager to the Funds is Mr. Andersen. Each of Western Standard and Mr. Andersen disclaims beneficial ownership of the shares except to the extent of its or his pecuniary interest therein, if any, and this report shall not be deemed an admission that it or he is the beneficial owner of such shares. This Form 4/A is being filed to address a clerical error in reporting the number of shares beneficially owned following an acquisition of shares in a transaction on April 14, 2021. The correct number of shares beneficially owned following such transaction by the indirect beneficial owner set forth in footnote (2) to this Form 4/A was 947,306, rather than 947,396 as originally reported. In addition, this amendment corrects a clerical error in the calculation of the aggregate number of shares beneficially owned by the "13D Group," as set forth in the Remarks below. The correct number of shares beneficially owned by the 13D Group is 2,818,441, rather than 2,788,755 as originally reported. In addition to the corrections described in footnote (5) to this Form 4/A, this amendment is being filed to report a transaction on July 1, 2021, pursuant to which WSP acquired 52,914 shares from WSP QP. The aggregate shares held by WSP and WSP QP, who file jointly as reporting persons, did not change following this transaction. As a result of an agreement among the persons listed below to vote their respective shares of Common Stock jointly, such persons have formed a "group" under Section 13(d)(1) of the Exchange Act. In addition to Mr. Andersen, Western Standard, LLC ("Western Standard"), Western Standard Partners, L.P. ("WSP") and Western Standard Partners QP, L.P. ("WSP QP" and together with WSP, the "Funds") (collectively, the "Western Standard Parties"), the members of this group are Noah G. Levy, Newtyn Management, LLC, Newtyn Partners, Newtyn TE Partners, LP, Newtyn Capital Partners, LP, and Ledo Capital, LLC (collectively, the "Newtyn Parties" and collectively with the Western Standard Parties, the "13D Group"). As a member of the 13D Group, each Western Standard Party would be deemed to beneficially own the aggregate amount of the Common Stock that each of the 13D Group members beneficially owns, in which case it or he would be deemed to beneficially own 2,818,441 shares of Common Stock. However, none of the Western Standard Parties have the ability to direct the acquisition or disposition or, except through the Cooperation Agreement, voting of the securities held by Newtyn Parties, and none of the Newtyn Parties have the ability to direct the acquisition or disposition or, except through the Cooperation Agreement, voting of the securities held by the Western Standard Parties. As members of the 13D Group, the combined holdings of the Western Standard Parties and the Newtyn Parties would result in each Western Standard Party having voting power equivalent to a combined beneficial ownership of 21.0% of the Issuer's outstanding Common Stock for voting purposes. Each Western Standard Party disclaims beneficial ownership of the shares beneficially owned by the 13D Group except to the extent of its or his pecuniary interest therein, if any, and this report shall not be deemed an admission that it or he is the beneficial owner of such shares. /s/ Eric D. Andersen 2021-09-20 Western Standard, LLC; /s/ Eric D. Andersen, Managing Member 2021-09-20 Western Standard Partners, L.P.; By: Western Standard, LLC, General Partner; /s/ Eric D. Andersen, Managing Member 2021-09-20 Western Standard Partners QP, L.P.; By: Western Standard, LLC, General Partner; /s/ Eric D. Andersen, Managing Member 2021-09-20