SEC Form 4 · accession 0001209191-17-034536
Vivani Medical, Inc. · VANI
Statement of changes in beneficial ownership, as filed. Original on EDGAR ↗
Period of report
Feb 27, 2017
Accepted (ET)
May 22, 2017 · 9:56 pm EDT
Rule 10b5-1 plan
unknown — predates the checkbox
Issuer CIK
0001266806
Table I — non-derivative securities
| Security | Date | Code | Shares | Price | A/D | Owned after | D/I | Nature of ownership |
|---|---|---|---|---|---|---|---|---|
| Common StockF2,F3 | Feb 27, 2017 | S | 40,591 | $1.675 | D | 2,226,145 | I | By Incumed, LLC |
| Common StockF4,F3 | Feb 28, 2017 | S | 39,028 | $1.6492 | D | 2,187,117 | I | By Incumed, LLC |
| Common StockF5,F3 | Mar 1, 2017 | S | 44,126 | $1.6175 | D | 2,142,991 | I | By Incumed, LLC |
| Common StockF6,F3 | Mar 2, 2017 | S | 55,824 | $1.5328 | D | 2,087,167 | I | By Incumed, LLC |
| Common StockF7,F3 | Mar 3, 2017 | S | 21,715 | $1.5258 | D | 2,065,452 | I | By Incumed, LLC |
| Common StockF8,F3 | Mar 6, 2017 | S | 113,359 | $1.4305 | D | 1,952,093 | I | By Incumed, LLC |
| Common StockF9,F3 | Mar 7, 2017 | S | 94,084 | $1.4784 | D | 1,858,009 | I | By Incumed, LLC |
| Common StockF10,F3 | Mar 8, 2017 | S | 182,917 | $1.6869 | D | 1,675,092 | I | By Incumed, LLC |
| Common StockF11,F3 | Mar 9, 2017 | S | 105,865 | $1.5714 | D | 1,569,227 | I | By Incumed, LLC |
| Common StockF12,F3 | Mar 10, 2017 | S | 118,740 | $1.3841 | D | 1,450,487 | I | By Incumed, LLC |
| Common StockF13,F3 | Mar 13, 2017 | S | 23,916 | $1.3798 | D | 1,426,571 | I | By Incumed, LLC |
| Common StockF3 | Apr 7, 2017 | S | 1,426,571 | $1.00 | D | 0 | I | By Incumed, LLC |
| Common Stock | Apr 7, 2017 | S | 5,218,420 | $1.00 | D | 0 | D |
Table II — derivative securities
| Security | Conv. / exercise price | Date | Code | Shares | A/D | Exercisable | Expires | Underlying | Underlying shares | Owned after | D/I |
|---|---|---|---|---|---|---|---|---|---|---|---|
| Warrants to Purchase Common Stock | $5.00 | Apr 7, 2017 | S | 80,000 | D | Jul 31, 2012 | Jul 31, 2017 | Common Stock | 80,000 | 0 | D |
| Warrants to Purchase Common Stock | $5.00 | Apr 7, 2017 | S | 280,000 | D | Feb 23, 2013 | Feb 28, 2018 | Common Stock | 280,000 | 0 | D |
Explanation of responses
- F1The sales reported in this Form 4 were effected pursuant to a Rule 10b5-1 trading plan adopted by the reporting person on July 14, 2016.
- F10The price reported in Column 4 is a weighted average price. These shares were sold in multiple transactions at prices ranging from $1.53 to $1.79, 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 range set forth above.
- F11The price reported in Column 4 is a weighted average price. These shares were sold in multiple transactions at prices ranging from $1.48 to $1.76, 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 range set forth above.
- F12The price reported in Column 4 is a weighted average price. These shares were sold in multiple transactions at prices ranging from $1.32 to $1.47, 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 range set forth above.
- F13The price reported in Column 4 is a weighted average price. These shares were sold in multiple transactions at prices ranging from $1.35 to $1.42, 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 range set forth above.
- F14Private sale to group of individual accredited private investors.
- F2The price reported in Column 4 is a weighted average price. These shares were sold in multiple transactions at prices ranging from $1.62 to $1.72, 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 range set forth above.
- F3The Alfred E. Mann Living Trust is the sole manager and member of Incumed, LLC.
- F4The price reported in Column 4 is a weighted average price. These shares were sold in multiple transactions at prices ranging from $1.61 to $1.69, 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 range set forth above.
- F5The price reported in Column 4 is a weighted average price. These shares were sold in multiple transactions at prices ranging from $1.59 to $1.68, 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 range set forth above.
- F6The price reported in Column 4 is a weighted average price. These shares were sold in multiple transactions at prices ranging from $1.50 to $1.59, 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 range set forth above.
- F7The price reported in Column 4 is a weighted average price. These shares were sold in multiple transactions at prices ranging from $1.51 to $1.56, 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 range set forth above.
- F8The price reported in Column 4 is a weighted average price. These shares were sold in multiple transactions at prices ranging from $1.38 to $1.55, 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 range set forth above.
- F9The price reported in Column 4 is a weighted average price. These shares were sold in multiple transactions at prices ranging from $1.40 to $1.60, 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 range set forth above.
Remarks
Shares disposed of by the reporting persons during the one year period following the death of Alfred E. Mann were exempt from reporting in compliance with Rule 16(a)(2)(d) of the Securities Exchange Act of 1934, as amended.