Tangent Alert: Nantahala Capital Management, LLC Likely Bought Mr. Shkreli’s KaloBios Shares Last Week

KaloBios-Nantahala-2016-GuessCaveats first: There is no way (yet) to prove it. So this is just some idle slow news on a coming holiday weekend conjecture on my part. . . but a pretty good one. Heh.

To wit: at page 78 of the just filed KaloBios SEC Form 10-K, we learn that Nantahala Capital Management, LLC owns 1.45 million shares, or about 9.7 per cent of the outstanding KaloBios shares.

“…Nantahala and its managing members, Wilmot B. Harkey and Daniel Mack, share voting and dispositive power with respect to the shares. The business address of each of Nantahala, Mr. Harkey and Mr. Mack is 19 Old Kings Highway South, Suite 200, Darien, Connecticut 06820….”

East Coast, not West Coast, guys. Hmmm….

These are all new names — and Mr. Shkreli had owned about 1.223 million shares at the end of the bankruptcy. That’s what he sold last week, so I surmise that Nantahala owned about 227,000 or so shares prior to last week (i.e., under the 5 per cent SEC disclosure threshhold). And so… those folks just got a bunch more — really cheap.

Now the most solid basis for my conjecture: Nantahala Capital Management, LLC does not say that it has filed a Schedule 13. But it clearly owns just under 10 per cent of New KaloBios. And KaloBios, for its part — in the page 78 disclosure table footnotes — says it is relying on “information” from the Nantahala folks.

As you will see from looking at all the other names in that table on page 78 (in the footnotes to the table, actually), the usual way we find these things out is via an SEC Schedule 13 filing. I submit that Nantahala hasn’t filed a Schedule 13 yet, because it just acquired those shares (from Mr. Shkreli) last week.

Again we shall see. But I am feeling pretty smug about this one.

नमस्ते

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