SEC Form 4 · accession 0001615774-15-001372
Vivani Medical, Inc. · VANI
Statement of changes in beneficial ownership, as filed. Original on EDGAR ↗
Reporting owner
Robert J. Greenberg
Officer — CHIEF EXECUTIVE OFFICER · Director
Period of report
Jun 2, 2015
Accepted (ET)
Jun 4, 2015 · 5:24 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 STOCKF1 | Jun 2, 2015 | M | 78,153 | $4.75 | A | 301,187 | D | |
| COMMON STOCKF2,F3 | Jun 2, 2015 | F | 26,586 | $13.96 | D | 275,231 | D | |
| COMMON STOCKF4 | Jun 2, 2015 | S | 78,153 | $13.96 | D | 197,078 | D | |
| COMMON STOCKF5 | Jun 3, 2015 | M | 71,847 | $4.75 | A | 268,925 | D | |
| COMMON STOCKF6,F3 | Jun 3, 2015 | F | 24,167 | $14.12 | D | 244,758 | D | |
| COMMON STOCKF7 | Jun 3, 2015 | S | 71,847 | $14.12 | D | 172,911 | D |
Table II — derivative securities
| Security | Conv. / exercise price | Date | Code | Shares | A/D | Exercisable | Expires | Underlying | Underlying shares | Owned after | D/I |
|---|---|---|---|---|---|---|---|---|---|---|---|
| OptionF8 | $4.75 | Jun 2, 2015 | M | 78,153 | A | — | Sep 1, 2015 | Common Stock | 78,153 | 71,847 | D |
| OptionF8 | $4.75 | Jun 3, 2015 | M | 71,847 | A | — | Sep 1, 2015 | Common Stock | 71,847 | 0 | D |
| OptionF8 | $4.25 | holding | — | — | — | — | Jan 1, 2017 | Common Stock | 125,000 | 125,000 | D |
| OptionF8 | $4.75 | holding | — | — | — | — | Jan 1, 2016 | Common Stock | 17,969 | 17,969 | D |
| OptionF8 | $5.00 | holding | — | — | — | — | May 1, 2016 | Common Stock | 8,223 | 8,223 | D |
| OptionF8 | $5.00 | holding | — | — | — | — | Jan 1, 2017 | Common Stock | 30,625 | 30,625 | D |
| OptionF8 | $5.00 | holding | — | — | — | — | Feb 1, 2018 | Common Stock | 23,750 | 30,625 | D |
| OptionF8 | $5.00 | holding | — | — | — | — | Nov 1, 2018 | Common Stock | 150,000 | 150,000 | D |
| OptionF8 | $5.00 | holding | — | — | — | — | Feb 1, 2019 | Common Stock | 33,750 | 33,750 | D |
| OptionF8 | $5.00 | holding | — | — | — | — | Feb 1, 2020 | Common Stock | 53,125 | 53,125 | D |
| OptionF8 | $5.00 | holding | — | — | — | — | Feb 1, 2020 | Common Stock | 50,625 | 50,625 | D |
| OptionF8 | $5.00 | holding | — | — | — | — | Mar 1, 2021 | Common Stock | 41,563 | 41,563 | D |
| OptionF8 | $5.00 | holding | — | — | — | — | Mar 1, 2022 | Common Stock | 29,063 | 29,063 | D |
| OptionF8 | $5.00 | holding | — | — | — | — | Apr 1, 2024 | Common Stock | 11,719 | 11,719 | D |
Explanation of responses
- F1Dr. Greenberg exercised 78,153 vested options reported as Option(C) on Form 3 filed with the SEC on November 18, 2014.
- F2Dr. Greenberg tendered 26,586 shares of common stock to the Company in accordance with Rule 16b-3.
- F3The fair market value on the day of the exercise.
- F4The price reported in Column 4 is a weighted average sales price. These shares were sold in multiple transactions at prices ranging from $13.56 to $14.35, inclusive. The broker remitted $277,224 to the Company to cover withholding obligations. The reporting person undertakes to provide to 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. These transactions were effected pursuant to planned sales under lock-up agreement entered into at the time of EYES IPO in November 2014, as approved by Board of EYES and the IPO underwriter and as further disclosed in the Company's final prospectus dated November 20, 2014.
- F5Dr. Greenberg exercised 71,847 vested options reported as Option(C) on Form 3 filed with the SEC on November 18, 2014.
- F6Dr. Greenberg tendered 24,167 shares of common stock to the Company in accordance with Rule 16b-3.
- F7The price reported in Column 4 is a weighted average sales price. These shares were sold in multiple transactions at prices ranging from $13.50 to $14.64, inclusive. The broker remitted $351,333 to the Company to cover withholding obligations. The reporting person undertakes to provide to 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. These transactions were effected pursuant to planned sales under lock-up agreement entered into at the time of EYES IPO in November 2014, as approved by Board of EYES and the IPO underwriter and as further disclosed in the Company's final prospectus dated November 20, 2014.
- F8These are vested employee options currently exercisable.
Remarks
Excludes unvested employee options covering 490,752 shares, not exercisable for over 60 days from this date. Sales were automatically effected pursuant to 10b5-1 trading plan and trades reported on this Form 4 constitute the final trades pursuant to this 10b5-1 plan adopted by the reporting person.