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Thomson Todd S's Form 4 filing

Actuate Therapeutics, Inc. (ACTU) · filed Aug 16, 2024

Accession no.
0001104659-24-090619
Filed
Aug 16, 2024, 9:12 PM ET
Trade date
Aug 12-14, 2024
Filing delay
4 daysLate
Rule 10b5-1 plan
Not checked

This filing lists 11 non-derivative transactions and 11 derivative transactions. Open-market sales total $150.0K. It was filed 4 days after the trade, past the 2-business-day deadline.

Reporting owners

A Form 4 can have several reporting owners, such as a person and a fund they control. Trade tables show the first one.

Reporting owners on this filing
OwnerRelationship to the company
Thomson Todd SCIK 0001225707Director, Other: 16.4% Owner
Kairos Venture Partners II, L.P.CIK 0001696711Director, Other: 7.6% Owner
Kairos Venture Opportunities I, L.P.CIK 0001772438Director, Other: 5.3% Owner
Kairos SPV Fund LLCCIK 0001788046Director, Other: 2% Owner
Kairos-Actuate SPV, L.P.CIK 0001835962Director, Other: 1.5% Owner

Non-derivative securities (Table I)

Acquisitions and disposals of common stock and similar shares, one row per line on the filing.

Non-derivative transactions
Trade dateSecurityTransactionSharesPriceValueShares afterOwnershipFlags
Aug 14, 2024Common StockCConversionAcquired+1,058,318–F1–1,105,636Indirect
Aug 14, 2024Common StockCConversionAcquired+726,163–F4–726,163Indirect
Aug 14, 2024Common StockCConversionAcquired+69,445–F5–1,175,081Indirect
Aug 14, 2024Common StockCConversionAcquired+146,870–F5–873,033Indirect
Aug 14, 2024Common StockCConversionAcquired+138,889–F5–138,889Indirect
Aug 14, 2024Common StockCConversionAcquired+230,597–F6–230,597Indirect
Aug 14, 2024Common StockCConversionAcquired+132,908–F6–271,797Indirect
Aug 14, 2024Common StockCConversionAcquired+24,138–F7–254,735Indirect
Aug 14, 2024Common StockCConversionAcquired+49,984–F7–321,781Indirect
Aug 14, 2024Common StockXIn-the-money exerciseAcquired+28,464$5.27+$150,005.281,203,545Indirect
Aug 14, 2024Common StockSSaleDisposed−18,750$8.00−$150,0001,184,795Indirect

Derivative securities (Table II)

Options, warrants, restricted stock units and similar. Shares are the underlying shares; price and value are for the derivative itself, and the holding after is in derivative units.

Derivative transactions
Trade dateSecurityTransactionUnderlying sharesUnit priceValueHeld afterOwnershipFlags
Aug 14, 2024Common StockCConversionAcquired+1,058,318–F1–0Indirect
Aug 14, 2024Common StockCConversionAcquired+726,163–F4–0Indirect
Aug 14, 2024Common StockCConversionAcquired+69,445–F5–0Indirect
Aug 14, 2024Common StockCConversionAcquired+146,870–F5–0Indirect
Aug 14, 2024Common StockCConversionAcquired+138,889–F5–0Indirect
Aug 14, 2024Common StockCConversionAcquired+230,597–F6–0Indirect
Aug 14, 2024Common StockCConversionAcquired+132,908–F6–0Indirect
Aug 14, 2024Common StockCConversionAcquired+24,138–F7–0Indirect
Aug 14, 2024Common StockCConversionAcquired+49,984–F7–0Indirect
Aug 14, 2024Common StockXIn-the-money exerciseAcquired+28,464–F8–0Indirect
Aug 12, 2024Common StockAGrant or awardAcquired+15,000$0.00$015,000DirectDuplicate filing

Footnotes and remarks

Livermore keeps the footnotes that transaction prices refer to, all footnotes of amendments (Form 4/A) and the filing's remarks. Other footnotes, such as how indirect holdings are held or the details of a trading plan, are only in the original on SEC EDGAR.

F1

The shares of Series B-1 Redeemable Convertible Preferred Stock automatically converted into 0.555555 shares of common stock upon the closing of the Issuer's IPO and had no expiration date.

Referenced by the price of 1 transaction in Table I and 1 transaction in Table II.

F4

The shares of Series B-2 Redeemable Convertible Preferred Stock automatically converted into 0.555555 shares of common stock upon the closing of the Issuer's IPO and had no expiration date.

Referenced by the price of 1 transaction in Table I and 1 transaction in Table II.

F5

The shares of Series B-3 Redeemable Convertible Preferred Stock automatically converted into 0.555555 shares of common stock upon the closing of the Issuer's IPO and had no expiration date.

Referenced by the price of 3 transactions in Table I and 3 transactions in Table II.

F6

The shares of Series B-4 Redeemable Convertible Preferred Stock automatically converted into 0.555555 shares of common stock upon the closing of the Issuer's IPO and had no expiration date.

Referenced by the price of 2 transactions in Table I and 2 transactions in Table II.

F7

The shares of Series C Redeemable Convertible Preferred Stock automatically converted into 0.555555 shares of common stock upon the closing of the Issuer's IPO and had no expiration date.

Referenced by the price of 2 transactions in Table I and 2 transactions in Table II.

F8

On August 14, 2024, in connection with the closing of the Issuer's IPO, the warrant to purchase 28,464 shares of common stock for $5.27 per share was automatically exercised on a cashless basis, resulting in the Issuer withholding of 18,750 of the warrant shares to pay the exercise price and issuing to Kairos Venture Partners II, L.P. the remaining 9,714 shares.

Referenced by the price of 1 transaction in Table II.

Remarks

Todd Thomson serves as CFO/COO of Kairos Venture Investments, LLC and is a director on the board of directors of Actuate Therapeutics, Inc. ("Actuate"). Due to their relationship with Todd Thompson, for purposes of Section 16 of the Securities Exchange Act of 1934, as amended, each of the Reporting Persons other than Todd Thompson are deemed to be directors by deputization of Actuate.

Read the full filing on SEC EDGAR (opens in a new tab)