Filing Details

The following constitutes Amendment No. 5 (“Amendment No. 5”) to the Schedule 13D dated July 11, 2013 filed by the Reporting Persons with respect to the shares of common stock, par value $0.001 (the “Shares”), of Humanigen, Inc. (the “Issuer”), as previously amended (the “Schedule 13D”). This Amendment No. 5 amends the Schedule 13D as specifically set forth herein.

A total of approximately $21,700,000 was paid to acquire the Shares reported as beneficially owned by the Reporting Persons.  The funds used to purchase these securities were obtained from the general working capital of the Domestic Fund, the Offshore Fund and Cheval and margin account borrowings made in the ordinary course of business, although the Reporting Persons cannot determine whether any funds allocated to purchase such securities were obtained from any margin account borrowings.

Sub-clause (a) of Item 5 is hereby amended and restated in its entirety as follows:

“(a)            The aggregate percentage of Shares reported owned by each person named herein is based upon 59,083,706 Shares outstanding as of May 5, 2021, as reported in the Issuer’s Form 10-Q filed with the Securities and Exchange Commission on May 13, 2021.

As of the date hereof, the Domestic Fund may be deemed to beneficially own 1,124,334 Shares, the Offshore Fund may be deemed to beneficially own 2,649,549 Shares and Cheval may be deemed to beneficially own 9,677,408 Shares, constituting approximately 1.9%, 4.5% and 16.4%, respectively, of the outstanding Shares.

BH Management, by virtue of its relationships with Domestic Fund and Cheval discussed in further detail in Item 2, may be deemed to beneficially own the 10,801,742 Shares beneficially owned by the Domestic Fund and Cheval, constituting approximately 18.3% of the outstanding Shares.

Mr. Chappell, by virtue of his relationships with the Domestic Fund, the Offshore Fund and Cheval discussed in further detail in Item 2 of the Schedule 13D, may be deemed to beneficially own the 13,451,291 Shares collectively owned by the Domestic Fund, the Offshore Fund and Cheval.  Mr. Chappell also personally owns options that are exercisable within the next 60 days for 33,440 Shares.  Together, this constitutes approximately 22.8% of the outstanding Shares.”

Sub-clause (c) is hereby amended and restated in its entirety as follows:

The transactions effected by the Reporting Persons during the past 60 days are set forth on Schedule B attached hereto.”

SIGNATURES

After reasonable inquiry and to the best of its knowledge and belief, each of the undersigned certifies that the information with respect to it set forth in this statement is true, complete, and correct.

SCHEDULE B

TRANSACTIONS IN THE SECURITIES OF THE ISSUER EFFECTED BY THE REPORTING PERSONS DURING THE PAST 60 DAYS