CUSIP No 58549G 209
This Amendment No. 9 (this
“
Amendment
”) amends the Schedule 13D originally filed with the Securities and Exchange Commission on November 3, 2017 (the “
Original Schedule 13D
”), the Amendment No. 1 to the Original Schedule 13D filed
with the Securities and Exchange Commission on November 29, 2017 (“
Amendment No.
1
”), the Amendment No. 2 to the Original Schedule 13D filed with the Securities and Exchange Commission on January 8,
2018 (“
Amendment No.
2
”), the Amendment No. 3 to the Original Schedule 13D filed with the Securities and Exchange Commission on May 31, 2018 (“
Amendment No.
3
”), the
Amendment No. 4 to the Original Schedule 13D filed with the Securities and Exchange Commission on November 8, 2018 (“
Amendment No.
4
”), the Amendment No. 5 to the Original Schedule 13D filed with
the Securities and Exchange Commission on November 21, 2018 (“
Amendment No.
5
”), the Amendment No. 6 to the Original Schedule 13D filed with the Securities and Exchange Commission on December 20,
2018 (“
Amendment No.
6
”), the Amendment No. 7 to the Original Schedule 13D filed with the Securities and Exchange Commission on January 16, 2019 (“
Amendment No.
7
”)
and the Amendment No. 8 to the Original Schedule 13D filed with the Securities and Exchange Commission on February 26, 2019 and, collectively with the Original Schedule 13D, Amendment No. 1, Amendment No. 2, Amendment No. 3
Amendment No. 4, Amendment No. 5, Amendment No. 6 and Amendment No. 7, the “
Schedule 13D
”) with respect to the shares of common stock, par value $0.001 per share (the “
Common Stock
”), of Melinta
Therapeutics, Inc. (the “
Issuer
”), whose principal executive offices are located at 44 Whippany Road, Suite 280, Morristown, NJ 07960. The shares of Common Stock beneficially owned by the Reporting Persons as reported herein are
referred to as the “
Shares.
” Information given in response to each item should be deemed incorporated by reference in all other items, as applicable. Capitalized terms used without definition in this Amendment have the meanings
ascribed thereto in the Schedule 13D.
On February 20, 2019, the board of directors of the Issuer approved a
1-for-5
reverse stock split (the “Reverse Stock Split”). The Reverse Stock Split became effective as of 5:00 p.m. Eastern Time on February 21, 2019. The share numbers in this Amendment reflect
the Reverse Stock Split.
|
Item 6.
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Contracts, Arrangements, Understandings or Relationships with Respect to Securities of the Issuer.
|
Item 6 is hereby supplemented as follows:
On June 28, 2019, Vatera Healthcare, Vatera Investment (now known as Oikos Investment Partners LLC) (“
Oikos Investment
”) and the Issuer
agreed to an amendment to the A&R Loan Agreement (the “
A&R Loan Amendment
”) to provide for: (i) an extension of the period to draw the remaining unfunded commitments under the A&R Loan Agreement to October 31,
2019; (ii) a reduction of such commitments to $27 million (replacing the $60 million of unfunded commitments that were previously available for borrowing under the A&R Loan Agreement as described above); (iii) a modification to the
“Required Lenders” definition to substitute Oikos Investment for Vatera Healthcare as the “Required Lender” until the first date on which Vatera Healthcare and Oikos Investment and their respective affiliates no longer hold
outstanding loans and/or unfunded disbursement commitments in an aggregate amount equal to or greater than 25% of the unfunded disbursement commitments held by Vatera Healthcare and Oikos Investment on December 31, 2018; (iv) modification of
the subsequent disbursements condition related to no default or event of under the Deerfield Facility Agreement to be only that no such default or event of default has occurred (removing the condition that no such default or event of default is
reasonably expected to occur); and (v) certain other minor changes to the A&R Loan Agreement. The summary of the A&R Loan Amendment set forth above is qualified in its entirety by reference to the full text of the A&R Loan
Amendment, a copy of which is attached hereto as Exhibit 14 to this Amendment and incorporated by reference herein
.
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