FORM 4
[ X ] Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b).         
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES
                                                                                  
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Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public
Utility Holding Company Act of 1935 or Section 30(f) of the Investment Company Act of 1940
                      

1. Name and Address of Reporting Person *

SUTTER MARTIN P
2. Issuer Name and Ticker or Trading Symbol

BIOFORM MEDICAL INC [ BFRM ]
5. Relationship of Reporting Person(s) to Issuer (Check all applicable)

__ X __ Director                      __ X __ 10% Owner
_____ Officer (give title below)      _____ Other (specify below)
(Last)          (First)          (Middle)

21 WATERWAY AVENUE, SUITE 225
3. Date of Earliest Transaction (MM/DD/YYYY)

2/16/2010
(Street)

THE WOODLANDS, TX 77380
(City)        (State)        (Zip)
4. If Amendment, Date Original Filed (MM/DD/YYYY)

 
6. Individual or Joint/Group Filing (Check Applicable Line)

_ X _ Form filed by One Reporting Person
___ Form filed by More than One Reporting Person

Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned
1.Title of Security
(Instr. 3)
2. Trans. Date 2A. Deemed Execution Date, if any 3. Trans. Code
(Instr. 8)
4. Securities Acquired (A) or Disposed of (D)
(Instr. 3, 4 and 5)
5. Amount of Securities Beneficially Owned Following Reported Transaction(s)
(Instr. 3 and 4)
6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) 7. Nature of Indirect Beneficial Ownership (Instr. 4)
Code V Amount (A) or (D) Price
Common Stock   2/16/2010     U    7087295   (1) D $5.45   0   I   (2) By Essex Woodlands Health Ventures Fund VI, L.P.  

Table II - Derivative Securities Beneficially Owned ( e.g. , puts, calls, warrants, options, convertible securities)
1. Title of Derivate Security
(Instr. 3)
2. Conversion or Exercise Price of Derivative Security 3. Trans. Date 3A. Deemed Execution Date, if any 4. Trans. Code
(Instr. 8)
5. Number of Derivative Securities Acquired (A) or Disposed of (D)
(Instr. 3, 4 and 5)
6. Date Exercisable and Expiration Date 7. Title and Amount of Securities Underlying Derivative Security
(Instr. 3 and 4)
8. Price of Derivative Security
(Instr. 5)
9. Number of derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr. 4) 10. Ownership Form of Derivative Security: Direct (D) or Indirect (I) (Instr. 4) 11. Nature of Indirect Beneficial Ownership (Instr. 4)
Code V (A) (D) Date Exercisable Expiration Date Title Amount or Number of Shares
Director Stock Option (Right to Buy)   $3.62   2/16/2010     D   (3)       4543      (3) 10/1/2019   Common Stock   4543   $0   0   D    
Director Stock Option (Right to Buy)   $2.06   2/16/2010     D   (4)       8053      (4) 7/1/2019   Common Stock   8053   $0   0   D    
Director Stock Option (Right to Buy)   $1.20   2/16/2010     D   (5)       11313      (5) 4/1/2019   Common Stock   11313   $0   0   D    
Director Stock Option (Right to Buy)   $1.03   2/16/2010     D   (6)       16202      (6) 1/2/2019   Common Stock   16202   $0   0   D    
Director Stock Option (Right to Buy)   $.84   2/16/2010     D   (7)       35000      (7) 4/15/2014   Common Stock   35000   $0   0   D    

Explanation of Responses:
( 1)  These shares were tendered to Vine Acquisition Corp. (the "Purchaser") pursuant to Purchaser's offer to purchase all of the outstanding shares of BioForm Medical, Inc. (the "Issuer") at a cash purchase price of $5.45 per share, without interest thereon, and less any applicable withholding taxes, subject to the terms described in the Offer to Purchase filed with the Securities and Exchange Commission on January 15, 2010 (the "Tender Offer") and the Agreement and Plan of Merger, dated as of December 31, 2009, by and among Merz GmbH & Co. KGaA, the Purchaser and the Issuer. Such shares were purchased by the Purchaser pursuant to the Tender Offer on February 16, 2010.
( 2)  Mr. Sutter is a member of Essex Woodlands Health Ventures VI, L.L.C., the general partner of Essex Woodlands Health Ventures VI, L.P. Mr. Sutter disclaims beneficial ownership of these securities except to the extent of his pecuniary interest therein.
( 3)  The shares underlying these options, which were fully vested at the closing of the Tender Offer, were canceled at the closing of the Tender Offer in exchange for a cash payment of $8,313.69, representing the number of shares of Issuer's common stock underlying such options multiplied by $5.45, less the aggregate exercise price of the options.
( 4)  The shares underlying these options, which were fully vested at the closing of the Tender Offer, were canceled at the closing of the Tender Offer in exchange for a cash payment of $27,299.67, representing the number of shares of Issuer's common stock underlying such options multiplied by $5.45, less the aggregate exercise price of the options.
( 5)  The shares underlying these options, which were fully vested at the closing of the Tender Offer, were canceled at the closing of the Tender Offer in exchange for a cash payment of $48,080.25, representing the number of shares of Issuer's common stock underlying such options multiplied by $5.45, less the aggregate exercise price of the options.
( 6)  The shares underlying these options, which were fully vested at the closing of the Tender Offer, were canceled at the closing of the Tender Offer in exchange for a cash payment of $71,612.84, representing the number of shares of Issuer's common stock underlying such options multiplied by $5.45, less the aggregate exercise price of the options.
( 7)  The shares underlying these options, which were fully vested at the closing of the Tender Offer, were canceled at the closing of the Tender Offer in exchange for a cash payment of $161,350.00, representing the number of shares of Issuer's common stock underlying such options multiplied by $5.45, less the aggregate exercise price of the options.

Reporting Owners
Reporting Owner Name / Address
Relationships
Director 10% Owner Officer Other
SUTTER MARTIN P
21 WATERWAY AVENUE, SUITE 225
THE WOODLANDS, TX 77380
X X


Signatures
/s/ Martin P. Sutter 2/19/2010
** Signature of Reporting Person Date


Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly.
* If the form is filed by more than one reporting person, see Instruction 4(b)(v).
** Intentional misstatements or omissions of facts constitute Federal Criminal Violations. See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a).
Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure.
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