(8)
Based upon information set forth on Schedule 13G filed by Deerfield Mgmt, L.P., Deerfield Management Company, L.P., Deerfield Partners, L.P., and James E. Flynn with the SEC on or about May 17, 2022 and the Company’s records of warrants to purchase Common Stock, Deerfield Mgmt, L.P., Deerfield Management Company, L.P., Deerfield Partners, L.P., and James E. Flynn are deemed to have the shared power to vote or direct the vote with respect to 5,000,000 shares of Common Stock and is deemed to have the shared power to dispose or to direct the disposition with respect to 5,000,000 shares of Common Stock, comprised of warrants to purchase 5,000,000 shares of Common Stock, exercisable currently or within 60 days of August 2, 2022. Deerfield Mgmt, L.P., Deerfield Management Company, L.P., Deerfield Partners, L.P., and James E. Flynn have their principal business office at 345 Park Avenue South, 12th Floor, New York, NY 10010.
(9)
Based upon information set forth on Schedule 13G filed by BB Biotech AG (“BB Biotech”) and its wholly-owned subsidiary, Biotech Target N.V. (“Biotech Target”) with the SEC on or about February 11, 2022. Based on information contained in Schedule 13G, BB Biotech and Biotech Target are deemed to have the shared power to vote or direct the vote, and shared power to dispose or to direct the disposition, with respect to 4,477,964 Common Shares. BB Biotech has their principal business office at Schwertstrasse 6, CH-8200 Schaffhausen, Switzerland and Biotech Target has their principal business office at Ara Hill Top Building, Unit A-5, Pletterijweg Oost 1, Curaçao.
(10)
Based upon information set forth on Schedule 13G filed by Meditor Group Ltd (“Meditor Group”) and Meditor European Master Fund Ltd (“Meditor European”) with the SEC on or about January 12, 2022, Meditor Group and Meditor European are deemed to have the shared power to vote or direct the vote, and shared power to dispose or to direct the disposition, with respect to 4,468,835 shares of Common Stock. Meditor Group and Meditor European both have their principal business office at Wessex House, 3rd Floor, 45 Reid Street, Hamilton HM12, Bermuda.
(11)
Based on information contained in the Schedule 13G filed by The Vanguard Group (“Vanguard”) with the SEC on or about February 10, 2022, Vanguard is deemed to have shared voting power with respect to 52,517 shares of Common Stock, is deemed to have the sole power to dispose or to direct the disposition with respect to 3,680,414 shares of Common Stock, and is deemed to have shared power to dispose or direct the disposition of 81,025 shares of Common Stock, for an aggregate amount of beneficial shares owned of 3,761,439. Vanguard has its principal business office at 100 Vanguard Blvd., Malvern, PA, 19355.
(12)
Consists of (a) 20,965 shares of Common Stock held, including 2,588 shares acquired in 2022 from Esperion’s Employee Stock Purchase Plan (“ESPP”), (b) 164,625 shares of Common Stock which Mr. Koenig has the right to acquire upon the exercise of outstanding options, exercisable currently or within 60 days of August 2, 2022 and (c) 10,375 restricted stock units vesting within 60 days of August 2, 2022.
(13)
Consists of (a) 11,731 shares of Common Stock held and (b) 22,173 shares of Common Stock which Ms. Foody has the right to acquire upon the exercise of outstanding options, exercisable currently or within 60 days of August 2, 2022.
(14)
Consists of (a) 106,387 shares of Common Stock held as of May 17, 2021, the date Mr. Mayleben separated from the Company and based on his most recent Form 4, filed on January 28, 2021 with the SEC and the vesting conditions of his restricted stock units, (b) 5,787 shares of restricted stock units vested subsequent to May 17, 2021 per the separation agreement with Mr. Mayleben, (c) 262,959 shares of stock options exercised subsequent to May 17, 2021 and (d) 952,417 shares of Common Stock which Mr. Mayleben has the right to acquire upon the exercise of outstanding options exercisable within 60 days of August 2, 2022. The amount of shares reported above does not consider purchases or disposals of the Company’s stock made by Mr. Mayleben subsequent to May 17, 2021.
(15)
Consists of (a) 12,495 shares of Common Stock held as of August 12, 2021, the date of Ms. Hall’s termination from the Company and (b) 339,213 shares of Common Stock which Ms. Hall currently has the right to acquire upon the exercise of outstanding options exercisable within 60 days of August 2, 2022. The amount of shares reported above does not consider purchases or disposals of the Company’s stock made by Ms. Hall subsequent to August 12, 2021.
(16)
Consists of 20,004 shares of Common Stock held, including 1,899 shares acquired in 2022 from Esperion’s ESPP, held as of April 8, 2022, the date Mr. Bartram separated from the Company. The