13D Filing: James Flynn’s Deerfield Management Takes 9.99% Stake in Newly-Public AveXis, Inc. (AVXS)

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Page 9 of 17 SEC Filing

CUSIP No.
05366U100
Page 11 of 20 Pages
(f)
Each of Deerfield Mgmt, Deerfield Mgmt III, Deerfield Special Situations Fund, Deerfield Private Design Fund III, Deerfield Partners and Deerfield Management are each organized under the laws of the State of Delaware. Deerfield International Master Fund is organized under the laws of the British Virgin Islands.  Flynn is a citizen of the United States of America.
The Reporting Persons have entered into a Joint Filing Agreement, a copy of which is attached hereto as Exhibit A.
Item 3.
Source and Amount of Funds or Other Consideration.
Each of Deerfield Special Situations Fund, Deerfield Private Design Fund III, Deerfield Partners and Deerfield International Master Fund utilized available cash assets to acquire the shares of Common Stock held by such entity. The aggregate amount of funds used by each such entity to acquire such shares is set forth below.
Deerfield Private Design Fund III, L.P.
$12,782,435.10
 
Deerfield Partners, L.P.
$1,760,000.00
 
Deerfield International Master Fund, L.P.
$2,240,000.00
 
Deerfield Special Situations Fund, L.P.
$8,191,208.00
 
Item 4.
Purpose of Transaction.
The Reporting Persons have acquired the shares reported herein for investment purposes.  Prior to the Company’s February 17, 2016 initial public offering, Deerfield Special Situations Fund and Deerfield Private Design Fund III had participated in equity financings involving the Company and had acquired shares of Common Stock, Class B-1 Preferred Stock, Class C Preferred Stock and Class D Preferred Stock (the “Preferred Stock”).  In connection with the closing of the Company’s initial public offering, the shares of Preferred Stock beneficially owned by Deerfield Special Situations Fund and Deerfield Private Design Fund III converted into shares of Common Stock.  In addition, Deerfield Special Situations Fund, Deerfield Private Design Fund III, Deerfield Partners and Deerfield International Master Fund acquired an aggregate of 486,495 shares of Common Stock in the Company’s initial public offering.

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