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MHR ADVISORS LLC 4

Accession 0001181431-13-026731

CIK 0000805326other
View on SEC.govCompany Profile

Filed

May 8, 8:00 PM ET

Accepted

May 9, 5:43 PM ET

Size

53.6 KB

Accession

0001181431-13-026731

Insider Transaction Report

Form 4
Period: 2013-05-07
EMISPHERE TECHNOLOGIES INCEMIS
RACHESKY MARK H MD
Director
Transactions
  • Other

    Convertible Reimbursement Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2014-04-26→ Common Stock (256,141 underlying)
  • Other

    Convertible Bridge Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2017-09-26→ Common Stock (781,328 underlying)
  • Other

    Convertible Bridge Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2017-09-26→ Common Stock (103,936 underlying)
  • Other

    Warrants (right to buy)

    2013-05-07+2,810,746→ 2,810,746 total(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2019-07-08→ Common Stock (2,810,746 underlying)
  • Other

    Warrants (right to buy)

    2013-05-07+347,551→ 347,551 total(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2019-07-08→ Common Stock (347,551 underlying)
  • Other

    Warrants (right to buy)

    2013-05-07+1,944,050→ 1,944,050 total(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2019-07-08→ Common Stock (1,944,050 underlying)
  • Other

    Warrants (right to buy)

    2013-05-07+4,897,653→ 4,897,653 total(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2019-07-08→ Common Stock (4,897,653 underlying)
  • Other

    Convertible Reimbursement Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2014-04-26→ Common Stock (35,681 underlying)
  • Other

    Convertible Reimbursement Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2014-04-26→ Common Stock (279,079 underlying)
  • Other

    Convertible Reimbursement Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2014-04-26→ Common Stock (703,432 underlying)
  • Other

    Convertible Bridge Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2017-09-26→ Common Stock (597,075 underlying)
  • Other

    Convertible Bridge Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2017-09-26→ Common Stock (1,504,210 underlying)
MHR Capital Partners Master Account LP
10% Owner
Transactions
  • Other

    Warrants (right to buy)

    2013-05-07+2,810,746→ 2,810,746 total(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2019-07-08→ Common Stock (2,810,746 underlying)
  • Other

    Warrants (right to buy)

    2013-05-07+1,944,050→ 1,944,050 total(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2019-07-08→ Common Stock (1,944,050 underlying)
  • Other

    Convertible Reimbursement Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2014-04-26→ Common Stock (256,141 underlying)
  • Other

    Convertible Reimbursement Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2014-04-26→ Common Stock (703,432 underlying)
  • Other

    Convertible Bridge Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2017-09-26→ Common Stock (1,504,210 underlying)
  • Other

    Convertible Reimbursement Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2014-04-26→ Common Stock (35,681 underlying)
  • Other

    Convertible Bridge Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2017-09-26→ Common Stock (103,936 underlying)
  • Other

    Warrants (right to buy)

    2013-05-07+347,551→ 347,551 total(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2019-07-08→ Common Stock (347,551 underlying)
  • Other

    Warrants (right to buy)

    2013-05-07+4,897,653→ 4,897,653 total(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2019-07-08→ Common Stock (4,897,653 underlying)
  • Other

    Convertible Reimbursement Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2014-04-26→ Common Stock (279,079 underlying)
  • Other

    Convertible Bridge Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2017-09-26→ Common Stock (597,075 underlying)
  • Other

    Convertible Bridge Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2017-09-26→ Common Stock (781,328 underlying)
MHR ADVISORS LLC
10% Owner
Transactions
  • Other

    Warrants (right to buy)

    2013-05-07+4,897,653→ 4,897,653 total(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2019-07-08→ Common Stock (4,897,653 underlying)
  • Other

    Warrants (right to buy)

    2013-05-07+2,810,746→ 2,810,746 total(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2019-07-08→ Common Stock (2,810,746 underlying)
  • Other

    Warrants (right to buy)

    2013-05-07+1,944,050→ 1,944,050 total(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2019-07-08→ Common Stock (1,944,050 underlying)
  • Other

    Convertible Bridge Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2017-09-26→ Common Stock (103,936 underlying)
  • Other

    Convertible Reimbursement Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2014-04-26→ Common Stock (35,681 underlying)
  • Other

    Convertible Reimbursement Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2014-04-26→ Common Stock (703,432 underlying)
  • Other

    Convertible Reimbursement Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2014-04-26→ Common Stock (256,141 underlying)
  • Other

    Convertible Reimbursement Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2014-04-26→ Common Stock (279,079 underlying)
  • Other

    Convertible Bridge Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2017-09-26→ Common Stock (781,328 underlying)
  • Other

    Convertible Bridge Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2017-09-26→ Common Stock (1,504,210 underlying)
  • Other

    Warrants (right to buy)

    2013-05-07+347,551→ 347,551 total(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2019-07-08→ Common Stock (347,551 underlying)
  • Other

    Convertible Bridge Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2017-09-26→ Common Stock (597,075 underlying)
MHR Institutional Partners II LP
10% Owner
Transactions
  • Other

    Warrants (right to buy)

    2013-05-07+4,897,653→ 4,897,653 total(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2019-07-08→ Common Stock (4,897,653 underlying)
  • Other

    Convertible Reimbursement Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2014-04-26→ Common Stock (35,681 underlying)
  • Other

    Convertible Bridge Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2017-09-26→ Common Stock (781,328 underlying)
  • Other

    Convertible Bridge Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2017-09-26→ Common Stock (597,075 underlying)
  • Other

    Convertible Bridge Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2017-09-26→ Common Stock (1,504,210 underlying)
  • Other

    Convertible Reimbursement Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2014-04-26→ Common Stock (256,141 underlying)
  • Other

    Warrants (right to buy)

    2013-05-07+2,810,746→ 2,810,746 total(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2019-07-08→ Common Stock (2,810,746 underlying)
  • Other

    Warrants (right to buy)

    2013-05-07+1,944,050→ 1,944,050 total(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2019-07-08→ Common Stock (1,944,050 underlying)
  • Other

    Convertible Reimbursement Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2014-04-26→ Common Stock (279,079 underlying)
  • Other

    Convertible Bridge Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2017-09-26→ Common Stock (103,936 underlying)
  • Other

    Warrants (right to buy)

    2013-05-07+347,551→ 347,551 total(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2019-07-08→ Common Stock (347,551 underlying)
  • Other

    Convertible Reimbursement Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2014-04-26→ Common Stock (703,432 underlying)
MHRC LLC
10% Owner
Transactions
  • Other

    Convertible Reimbursement Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2014-04-26→ Common Stock (703,432 underlying)
  • Other

    Convertible Reimbursement Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2014-04-26→ Common Stock (35,681 underlying)
  • Other

    Convertible Bridge Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2017-09-26→ Common Stock (781,328 underlying)
  • Other

    Convertible Bridge Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2017-09-26→ Common Stock (597,075 underlying)
  • Other

    Warrants (right to buy)

    2013-05-07+2,810,746→ 2,810,746 total(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2019-07-08→ Common Stock (2,810,746 underlying)
  • Other

    Warrants (right to buy)

    2013-05-07+4,897,653→ 4,897,653 total(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2019-07-08→ Common Stock (4,897,653 underlying)
  • Other

    Warrants (right to buy)

    2013-05-07+347,551→ 347,551 total(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2019-07-08→ Common Stock (347,551 underlying)
  • Other

    Convertible Reimbursement Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2014-04-26→ Common Stock (256,141 underlying)
  • Other

    Convertible Reimbursement Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2014-04-26→ Common Stock (279,079 underlying)
  • Other

    Convertible Bridge Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2017-09-26→ Common Stock (103,936 underlying)
  • Other

    Convertible Bridge Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2017-09-26→ Common Stock (1,504,210 underlying)
  • Other

    Warrants (right to buy)

    2013-05-07+1,944,050→ 1,944,050 total(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2019-07-08→ Common Stock (1,944,050 underlying)
MHRC II LLC
10% Owner
Transactions
  • Other

    Convertible Reimbursement Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2014-04-26→ Common Stock (279,079 underlying)
  • Other

    Convertible Bridge Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2017-09-26→ Common Stock (103,936 underlying)
  • Other

    Convertible Bridge Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2017-09-26→ Common Stock (1,504,210 underlying)
  • Other

    Warrants (right to buy)

    2013-05-07+347,551→ 347,551 total(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2019-07-08→ Common Stock (347,551 underlying)
  • Other

    Convertible Reimbursement Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2014-04-26→ Common Stock (703,432 underlying)
  • Other

    Warrants (right to buy)

    2013-05-07+1,944,050→ 1,944,050 total(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2019-07-08→ Common Stock (1,944,050 underlying)
  • Other

    Warrants (right to buy)

    2013-05-07+4,897,653→ 4,897,653 total(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2019-07-08→ Common Stock (4,897,653 underlying)
  • Other

    Convertible Reimbursement Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2014-04-26→ Common Stock (256,141 underlying)
  • Other

    Convertible Reimbursement Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2014-04-26→ Common Stock (35,681 underlying)
  • Other

    Convertible Bridge Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2017-09-26→ Common Stock (781,328 underlying)
  • Other

    Warrants (right to buy)

    2013-05-07+2,810,746→ 2,810,746 total(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2019-07-08→ Common Stock (2,810,746 underlying)
  • Other

    Convertible Bridge Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2017-09-26→ Common Stock (597,075 underlying)
MHR FUND MANAGEMENT LLC
10% Owner
Transactions
  • Other

    Warrants (right to buy)

    2013-05-07+1,944,050→ 1,944,050 total(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2019-07-08→ Common Stock (1,944,050 underlying)
  • Other

    Convertible Reimbursement Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2014-04-26→ Common Stock (703,432 underlying)
  • Other

    Warrants (right to buy)

    2013-05-07+347,551→ 347,551 total(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2019-07-08→ Common Stock (347,551 underlying)
  • Other

    Convertible Bridge Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2017-09-26→ Common Stock (103,936 underlying)
  • Other

    Convertible Bridge Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2017-09-26→ Common Stock (597,075 underlying)
  • Other

    Convertible Reimbursement Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2014-04-26→ Common Stock (35,681 underlying)
  • Other

    Convertible Reimbursement Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2014-04-26→ Common Stock (279,079 underlying)
  • Other

    Convertible Bridge Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2017-09-26→ Common Stock (1,504,210 underlying)
  • Other

    Warrants (right to buy)

    2013-05-07+4,897,653→ 4,897,653 total(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2019-07-08→ Common Stock (4,897,653 underlying)
  • Other

    Convertible Reimbursement Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2014-04-26→ Common Stock (256,141 underlying)
  • Other

    Convertible Bridge Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2017-09-26→ Common Stock (781,328 underlying)
  • Other

    Warrants (right to buy)

    2013-05-07+2,810,746→ 2,810,746 total(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2019-07-08→ Common Stock (2,810,746 underlying)
MHR Holdings LLC
10% Owner
Transactions
  • Other

    Warrants (right to buy)

    2013-05-07+1,944,050→ 1,944,050 total(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2019-07-08→ Common Stock (1,944,050 underlying)
  • Other

    Convertible Bridge Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2017-09-26→ Common Stock (1,504,210 underlying)
  • Other

    Warrants (right to buy)

    2013-05-07+2,810,746→ 2,810,746 total(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2019-07-08→ Common Stock (2,810,746 underlying)
  • Other

    Convertible Bridge Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2017-09-26→ Common Stock (781,328 underlying)
  • Other

    Warrants (right to buy)

    2013-05-07+4,897,653→ 4,897,653 total(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2019-07-08→ Common Stock (4,897,653 underlying)
  • Other

    Convertible Reimbursement Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2014-04-26→ Common Stock (256,141 underlying)
  • Other

    Convertible Reimbursement Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2014-04-26→ Common Stock (35,681 underlying)
  • Other

    Convertible Reimbursement Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2014-04-26→ Common Stock (279,079 underlying)
  • Other

    Warrants (right to buy)

    2013-05-07+347,551→ 347,551 total(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2019-07-08→ Common Stock (347,551 underlying)
  • Other

    Convertible Bridge Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2017-09-26→ Common Stock (597,075 underlying)
  • Other

    Convertible Reimbursement Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2014-04-26→ Common Stock (703,432 underlying)
  • Other

    Convertible Bridge Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2017-09-26→ Common Stock (103,936 underlying)
MHR Institutional Partners IIA LP
10% Owner
Transactions
  • Other

    Convertible Reimbursement Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2014-04-26→ Common Stock (703,432 underlying)
  • Other

    Convertible Reimbursement Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2014-04-26→ Common Stock (35,681 underlying)
  • Other

    Convertible Reimbursement Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2014-04-26→ Common Stock (279,079 underlying)
  • Other

    Convertible Bridge Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2017-09-26→ Common Stock (781,328 underlying)
  • Other

    Warrants (right to buy)

    2013-05-07+2,810,746→ 2,810,746 total(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2019-07-08→ Common Stock (2,810,746 underlying)
  • Other

    Warrants (right to buy)

    2013-05-07+4,897,653→ 4,897,653 total(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2019-07-08→ Common Stock (4,897,653 underlying)
  • Other

    Convertible Reimbursement Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2014-04-26→ Common Stock (256,141 underlying)
  • Other

    Warrants (right to buy)

    2013-05-07+347,551→ 347,551 total(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2019-07-08→ Common Stock (347,551 underlying)
  • Other

    Warrants (right to buy)

    2013-05-07+1,944,050→ 1,944,050 total(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2019-07-08→ Common Stock (1,944,050 underlying)
  • Other

    Convertible Bridge Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2017-09-26→ Common Stock (103,936 underlying)
  • Other

    Convertible Bridge Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2017-09-26→ Common Stock (597,075 underlying)
  • Other

    Convertible Bridge Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2017-09-26→ Common Stock (1,504,210 underlying)
MHR Institutional Advisors II LLC
10% Owner
Transactions
  • Other

    Convertible Reimbursement Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2014-04-26→ Common Stock (35,681 underlying)
  • Other

    Warrants (right to buy)

    2013-05-07+347,551→ 347,551 total(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2019-07-08→ Common Stock (347,551 underlying)
  • Other

    Warrants (right to buy)

    2013-05-07+4,897,653→ 4,897,653 total(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2019-07-08→ Common Stock (4,897,653 underlying)
  • Other

    Convertible Reimbursement Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2014-04-26→ Common Stock (256,141 underlying)
  • Other

    Warrants (right to buy)

    2013-05-07+1,944,050→ 1,944,050 total(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2019-07-08→ Common Stock (1,944,050 underlying)
  • Other

    Convertible Reimbursement Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2014-04-26→ Common Stock (279,079 underlying)
  • Other

    Convertible Bridge Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2017-09-26→ Common Stock (781,328 underlying)
  • Other

    Convertible Bridge Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2017-09-26→ Common Stock (597,075 underlying)
  • Other

    Convertible Bridge Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2017-09-26→ Common Stock (1,504,210 underlying)
  • Other

    Warrants (right to buy)

    2013-05-07+2,810,746→ 2,810,746 total(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2019-07-08→ Common Stock (2,810,746 underlying)
  • Other

    Convertible Reimbursement Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2014-04-26→ Common Stock (703,432 underlying)
  • Other

    Convertible Bridge Notes

    2013-05-07(indirect: See Footnote)
    Exercise: $0.50From: 2013-05-07Exp: 2017-09-26→ Common Stock (103,936 underlying)
Footnotes (11)
  • [F1]These securities are held for the account of MHR Capital Partners Master Account LP, an Anguilla, British West Indies limited partnership ("Master Account"). MHR Advisors LLC, a Delaware limited liability company ("Advisors"), is the general partner of Master Account. MHRC LLC, a Delaware limited liability company ("MHRC"), is the managing member of Advisors and in such capacity may be deemed to be the beneficial owner of the securities held for the account of Master Account. Mark H. Rachesky, M.D. ("Dr. Rachesky") is the managing member of MHRC. In such capacity, Dr. Rachesky may be deemed to be the beneficial owner of the securities held for the account of Master Account. (Continued to Footnote 2)
  • [F10]Since June 4, 2010, the Reporting Persons have held Promissory Notes of the Issuer (the "Reimbursement Notes"). Pursuant to the Restructuring Agreement, as further described in the Schedule 13D/A, the Reimbursement Notes have been amended and restated to provide, among other things, for such Reimbursement Notes to be convertible to shares of common stock of the Issuer.
  • [F11]Since October 17, 2012, the Reporting Persons have held 13% Senior Secured Promissory Notes of the Issuer (the "Bridge Notes"). Pursuant to the Restructuring Agreement, as further described in the Schedule 13D/A, the Bridge Notes have been amended and restated to provide, among other things, for such Bridge Notes to be convertible to shares of common stock of the Issuer (the "Amended and Restated Reimbursement Notes"). Interest on the Amended and Restated Bridge Notes is payable in kind, semiannually, in additional Amended and Restated Bridge Notes.
  • [F2](Continued from Footnote 1) MHR Fund Management LLC, a Delaware limited liability company ("Fund Management"), has an investment management agreement with Master Account pursuant to which it has the power to vote or direct the vote and to dispose or to direct the disposition of the shares held for the account of Master Account and, accordingly, Fund Management may be deemed to beneficially own the securities held for the account of Master Account. MHR Holdings LLC, a Delaware limited liability company ("MHR Holdings"), is the managing member of Fund Management and, in such capacity, may be deemed to beneficially own any shares that are deemed to be beneficially owned by Fund Management. Accordingly, MHR Holdings may be deemed to beneficially own the shares held for the account of Master Account.
  • [F3]These securities are held for the account of MHR Capital Partners (100) LP, a Delaware limited partnership ("Capital Partners (100)"). Advisors is the general partner of Capital Partners (100). MHRC is the managing member of Advisors and in such capacity may be deemed to be the beneficial owner of the securities held for the account of Capital Partners (100). Dr. Rachesky is the managing member of MHRC. In such capacity, Dr. Rachesky may be deemed to be the beneficial owner of the securities held for the account of Capital Partners (100). (Continued to Footnote 4)
  • [F4](Continued from Footnote 3) Fund Management has an investment management agreement with Capital Partners (100) pursuant to which it has the power to vote or direct the vote and to dispose or to direct the disposition of the securities held for the account of Capital Partners (100) and, accordingly, Fund Management may be deemed to beneficially own the securities held for the account of Capital Partners (100). MHR Holdings is the managing member of Fund Management and, in such capacity, may be deemed to beneficially own any shares that are deemed to be beneficially owned by Fund Management. Accordingly, MHR Holdings may be deemed to beneficially own the shares held for the account of Capital Partners (100).
  • [F5]These securities are held for the account of MHR Institutional Partners II LP, a Delaware limited partnership ("Institutional Partners II"). MHR Institutional Advisors II LLC, a Delaware limited liability company ("Institutional Advisors II"), is the general partner of Institutional Partners II. MHRC II LLC, a Delaware limited liability company ("MHRC II"), is the managing member of Institutional Advisors II and in such capacity may be deemed to be the beneficial owner of the securities held for the account of Institutional Partners II. Dr. Rachesky is the managing member of MHRC II. In such capacity, Dr. Rachesky may be deemed to be the beneficial owner of the securities held for the account of Institutional Partners II. (Continued to Footnote 6)
  • [F6](Continued from Footnote 5) Fund Management has an investment management agreement with Institutional Partners II pursuant to which it has the power to vote or direct the vote and to dispose or to direct the disposition of the securities held for the account of Institutional Partners II and, accordingly, Fund Management may be deemed to beneficially own the securities held for the account of Institutional Partners II. MHR Holdings is the managing member of Fund Management and, in such capacity, may be deemed to beneficially own any shares that are deemed to be beneficially owned by Fund Management.
  • [F7]These securities are held for the account of MHR Institutional Partners IIA LP, a Delaware limited partnership ("Institutional Partners IIA"). Institutional Advisors II is the general partner of Institutional Partners IIA. MHRC II is the managing member of Institutional Advisors II and in such capacity may be deemed to be the beneficial owner of the securities held for the account of Institutional Partners IIA. Dr. Rachesky is the managing member of MHRC II. In such capacity, Dr. Rachesky may be deemed to be the beneficial owner of the securities held for the account of Institutional Partners IIA. (Continued to Footnote 8)
  • [F8](Continued from Footnote 7) Fund Management has an investment management agreement with Institutional Partners IIA pursuant to which it has the power to vote or direct the vote and to dispose or to direct the disposition of the securities held for the account of Institutional Partners IIA and, accordingly, Fund Management may be deemed to beneficially own the securities held for the account of Institutional Partners IIA. MHR Holdings is the managing member of Fund Management and, in such capacity, may be deemed to beneficially own any shares that are deemed to be beneficially owned by Fund Management. Accordingly, MHR Holdings may be deemed to beneficially own the shares held for the account of Institutional Partners IIA.
  • [F9]The securities reported as having been acquired herein were issued pursuant to that certain Restructuring Agreement, dated April 26, 2013 by and among Master Account, Capital Partners (100), Institutional Partners II, Institutional Partners IIA and the Issuer (the "Restructuring Agreement"), as further described in that certain Schedule 13D/A filed by the Reporting Persons on April 30, 2013 (the "Schedule 13D/A").

Documents

2 files

Issuer

EMISPHERE TECHNOLOGIES INC

CIK 0000805326

→
Entity typeother
IncorporatedDE

Related Parties

1
  • filerCIK 0001284082

Filing Metadata

Form type
4
Filed
May 8, 8:00 PM ET
Accepted
May 9, 5:43 PM ET
Size
53.6 KB
View on SEC.gov