0001079973-23-001663.txt : 20231128 0001079973-23-001663.hdr.sgml : 20231128 20231128160134 ACCESSION NUMBER: 0001079973-23-001663 CONFORMED SUBMISSION TYPE: 3 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20231031 FILED AS OF DATE: 20231128 DATE AS OF CHANGE: 20231128 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Davidow Robert L CENTRAL INDEX KEY: 0002002210 FILING VALUES: FORM TYPE: 3 SEC ACT: 1934 Act SEC FILE NUMBER: 001-38114 FILM NUMBER: 231446296 MAIL ADDRESS: STREET 1: 2100 SOUTH OCEAN BLVD. STREET 2: APARTMENT 401 N CITY: PALM BEACH STATE: FL ZIP: 33480 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: AVENUE THERAPEUTICS, INC. CENTRAL INDEX KEY: 0001644963 STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834] IRS NUMBER: 474113275 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 1111 KANE CONCOURSE STREET 2: SUITE 301 CITY: BAY HARBOR ISLANDS STATE: FL ZIP: 33154 BUSINESS PHONE: 781-652-4500 MAIL ADDRESS: STREET 1: 1111 KANE CONCOURSE STREET 2: SUITE 301 CITY: BAY HARBOR ISLANDS STATE: FL ZIP: 33154 3 1 ownership.xml X0206 3 2023-10-31 0 0001644963 AVENUE THERAPEUTICS, INC. ATXI 0002002210 Davidow Robert L 2100 SOUTH OCEAN BLVD., APARTMENT 401 N PALM BEACH FL 33480 0 0 1 0 Common Stock 945000 D Common Stock 40000 I Joint account with spouse Common Stock 135000 I Trustee for Juliet Davidow 2001 Trust and Alexander Davidow 2010 Trust Common Stock 100000 I By Spouse Common Stock 275000 I Shared investment authority Common Stock 341800 I Shared investment and voting authority Common Stock 90000 I Shared investment and voting authority (Loan accounts) Consists of shares of common stock held in a joint account with the Reporting Person's wife. Consists of shares of common stock held in trusts for the benefit of the Reporting Person's children in which the Reporting Person is the trustee. Consists of shares of common stock held by the Reporting Person's wife. Consists of shares of commons stock held in accounts maintained for the benefit of certain individuals or trusts over which the Reporting Person has shared dispositive authority. Consists of shares of common stock held in accounts maintained for the benefit of certain individuals or trusts over which the Reporting Person has shared voting and dispositive authority. Consists of shares of common stock over which the Reporting Person has dispositive authority which are held by two individuals to whom the Reporting Person made loans (the "Loans"), a portion of which were used to pay for the shares, with promissory notes providing that such Loans would be repaid with interest. The Reporting Person disclaims beneficial ownership over the shares of common stock except to the extent of his pecuniary interest therein. While the Reporting Person does not have a direct pecuniary interest in the shares held by the borrowers of the Loans, the Reporting Person has some financial interest in those shares by virtue of the Loans. /s/ Robert Davidow 2023-11-28 EX-24 2 ex24.htm POWER OF ATTORNEY

EXHIBIT 24

 

POWER OF ATTORNEY

 

Know all by these presents that the undersigned hereby constitutes and appoints each of Constantine Christakis and Michael D. Harris, signing singly, the undersigned’s true and lawful attorney-in-fact to do each of the following, provided, however, that the Power of Attorney shall not be used unless my signature is required and I am unavailable:

 

(1)prepare and execute for and on behalf of the undersigned, in the undersigned’s capacity as an officer, director or 10% beneficial owner of securities, Forms 3, 4 and 5 in accordance with Section 16(a) of the Securities Exchange Act of 1934 (the “Exchange Act”), and the rules thereunder, and any other forms or reports the undersigned may be required to file in connection with the undersigned’s ownership, acquisition, or disposition of securities;

 

(2)prepare and execute for and on behalf of the undersigned, in the undersigned’s capacity as an officer, director or 10% beneficial owner of securities, Schedules 13D or 13G in accordance with Section 13(d) and Section 13(g) of the Exchange Act, and the rules thereunder, and any other forms or reports the undersigned may be required to file in connection with the undersigned’s ownership, acquisition, or disposition of securities;

 

(3)prepare and execute Forms 144 required to be filed under the Securities Act of 1933 (the “Securities Act”);

 

(4)do and perform any and all acts for and on behalf of the undersigned which may be necessary or desirable to complete and execute any such Form 3, 4 or 5, as well as Schedules 13D or 13G, or other form or report, and timely file such form or report with the United States Securities and Exchange Commission and any stock exchange or similar authority; and

 

(5)take any other action of any type whatsoever in connection with the foregoing which, in the opinion of such attorney-in-fact, may be of benefit to, in the best interest of, or legally required by, the undersigned, it being understood that the documents executed by such attorney-in-fact on behalf of the undersigned pursuant to this Power of Attorney shall be in such form and shall contain such terms and conditions as such attorney-in-fact may approve in such attorney-in-fact’s discretion.

 

 
 

The undersigned hereby grants to each such attorney-in-fact full power and authority to do and perform any and every act and thing whatsoever requisite, necessary, or proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as the undersigned might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that such attorney-in-fact, or such attorney-in-fact’s substitute or substitutes, 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 attorneys-in-fact, in serving in such capacity at the request of the undersigned, are not assuming, nor is Mr. Davidow assuming, any of the undersigned’s responsibilities to comply with Section 16 of the Exchange Act.

 

This Power of Attorney shall remain in full force and effect until the undersigned is no longer required to file Forms 3, 4 and 5, as well as Schedules 13D or 13G with respect to the undersigned’s holdings of and transactions in securities issued by Mr. Davidow, unless earlier revoked by the undersigned in a signed writing delivered to the foregoing attorneys-in-fact.

 

IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of this 28th day of November, 2023.

 

 

  /s/ Robert L. Davidow
  Signature
   
  Robert L. Davidow
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