0000899243-23-010009.txt : 20230330 0000899243-23-010009.hdr.sgml : 20230330 20230330090007 ACCESSION NUMBER: 0000899243-23-010009 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20230329 FILED AS OF DATE: 20230330 DATE AS OF CHANGE: 20230330 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: MICHEL GERARD J CENTRAL INDEX KEY: 0001235644 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-16133 FILM NUMBER: 23777367 MAIL ADDRESS: STREET 1: 420 CHIPETA WAY CITY: SALT LAKE CITY STATE: UT ZIP: 84108 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: DELCATH SYSTEMS, INC. CENTRAL INDEX KEY: 0000872912 STANDARD INDUSTRIAL CLASSIFICATION: SURGICAL & MEDICAL INSTRUMENTS & APPARATUS [3841] IRS NUMBER: 061245881 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 1633 BROADWAY STREET 2: SUITE 22C CITY: NEW YORK STATE: NY ZIP: 10019 BUSINESS PHONE: (212) 489-2100 MAIL ADDRESS: STREET 1: 1633 BROADWAY STREET 2: SUITE 22C CITY: NEW YORK STATE: NY ZIP: 10019 FORMER COMPANY: FORMER CONFORMED NAME: DELCATH SYSTEMS INC DATE OF NAME CHANGE: 19990607 4 1 doc4.xml FORM 4 SUBMISSION X0407 4 2023-03-29 0 0000872912 DELCATH SYSTEMS, INC. DCTH 0001235644 MICHEL GERARD J C/O DELCATH SYSTEMS, INC., 1633 BROADWAY, SUITE 22C NEW YORK NY 10019 1 1 0 0 Chief Executive Officer 0 Common Stock 2023-03-29 4 P 0 19646 4.84 A 197235 D Tranche A Warrants to Purchase Common Stock 4.50 2023-03-29 4 P 0 31110 0.125 A 2023-03-29 Common Stock 31110 31110 D Tranche B Warrants to Purchase Common Stock 6.00 2023-03-29 4 P 0 16666 0.125 A 2023-03-29 Common Stock 16666 16666 D The common stock and Tranche A and Tranche B Warrants were acquired in the issuer's private placement of common stock and warrants, issued as part of a unit. The per unit purchase price was $5.09, including a purchase price of $4.84 per share of common stock and $0.125 for each of the Tranche A and Tranche B Warrants. Each unit consisted of one share of common stock and an accompanying common stock warrant valued at 140% of the aggregate purchase price (the Tranche A Warrant) and an accompanying common stock warrant valued at 100% of the aggregate purchase price (the Tranche B Warrant). The Tranche A Warrants and Tranche B Warrants are immediately exercisable. The Tranche A Warrants expire the earlier of (i) twenty-one (21) days following the date of the Issuer's public announcement of its receipt of written approval from the U.S. Food and Drug Administration of its New Drug Application for HEPZATO (the "FDA Approval") and (ii) March 31, 2026. The Tranche B Warrants expire the earlier of (i) twenty-one (21) days following the date of the Issuer's public announcement of record at least $10,000,000 in quarterly U.S. revenue from the commercialization of HEPZATO and (ii) March 31, 2026, provided, however, if the FDA Approval occurs on or before February 15, 2024 and the Tranche A Warrants have not been exercised in full on or before March 7, 2024, then the Tranche B Warrants shall automatically expire on March 8, 2024. /s/ Gerard Michel 2023-03-30