CA false 0001305253 0001305253 2021-01-07 2021-01-07





Washington, D.C. 20549







Pursuant to Section 13 or 15(d)

of the Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): January 7, 2021




(Exact name of registrant as specified in its charter)




Delaware   001-36183   33-0971591

(State or other jurisdiction

of incorporation)



File Number)


(IRS Employer

Identification No.)

Eiger BioPharmaceuticals, Inc.

2155 Park Blvd.

Palo Alto, California 94306

(Address of principal executive offices, including zip code)

(650) 272-6138

(Registrant’s telephone number, including area code)

Not Applicable

(Former name or former address, if changed since last report.)



Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:


Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)


Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)


Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))


Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Securities registered pursuant to Section 12(b) of the Act:


Title of each class





Name of each exchange

on which registered

Common Stock (par value $0.001 per share)   EIGR   The Nasdaq Stock Market LLC

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).

Emerging growth company  

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act.  ☐




Item 2.01.

Completion of Acquisition or Disposition of Assets.

Following the early termination of the applicable waiting period under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended, on January 7, 2021, Eiger BioPharmaceuticals, Inc. (the “Company”) completed the sale (the “Asset Sale”) to AbbVie Inc. (“AbbVie”) of its Rare Pediatric Disease Priority Review Voucher (the “PRV”). The Company was awarded the PRV on November 20, 2020 upon approval by the U.S. Food and Drug Administration of the Company’s new drug application for ZokinvyTM in Hutchinson-Gilford Progeria Syndrome and processing-deficient Progeroid Laminopathies. The Asset Sale was pursuant to the terms of an Asset Purchase Agreement, dated November 20, 2020 (the “Purchase Agreement”), which was previously disclosed by the Company in a Current Report on Form 8-K filed with the Securities and Exchange Commission on November 23, 2020.

Pursuant to the Purchase Agreement, AbbVie paid the Company $95.0 million upon the closing of the Asset Sale. Such consideration received will be shared with The Progeria Research Foundation (“PRF”) in accordance with the terms of the Company’s Collaboration and Supply Agreement with PRF, dated May 15, 2018, pursuant to which the Company and PRF will equally share any proceeds from the sale of a priority review voucher that the Company may receive as the sponsor of a rare pediatric disease product application. The Company will retain approximately $47.5 million of the proceeds from the Asset Sale.


Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.


    Eiger BioPharmaceuticals, Inc.
Dated: January 7, 2021      

/s/ Sriram Ryali

      Sriram Ryali
      Chief Financial Officer