aksys.com
1. Plaintiff Aksys, Ltd. ("Aksys" or the "Company") is a Delaware corporation with
its principal place of business in Lincolnshire, Illinois. Aksys provides hemodialysis products
and services for patients suffering from endstage renal disease, commonly known as chronic
kidney failure. Aksys' common stock is registered pursuant to Section 12(g) of the Securities
Exchange Act of 1934, 15 U.S.C § 78, et seq., as amended (the "Exchange Act"), and trades on
the Nasdaq National Market under the ticker symbol "AKSY." The Company has approximately
29.7 million shares of common stock issued and outstanding.
2. Defendant Durus Capital Management, LLC ("Durus I") is a Delaware limited
liability company with its principal place of business in South Norwalk, Connecticut. Durus I
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beneficially owns, and has sole voting and dispositive power over, 21,333,118 shares of Aksys
common stock.
3. Defendant Durus Life Sciences Master Fund Ltd. (“Life Sciences”) is the owner
of record of the 21,333,118 controlled by Durus I. On information and belief, Life Sciences can
be found in, inhabits, and/or transacts business in the state of Connecticut and this District.
4. Defendant Durus Capital Management (N.A.), LLC ("Durus II") is a Delaware
limited liability company with its principal place of business in South Norwalk, Connecticut.
Durus II beneficially owns, and has sole voting and dispositive power over, 498,100 shares of
Aksys common stock.
5. Defendant Artal Long Biotech Portfolio LLC (“Artal”) is the owner of record of
the 489,100 shares controlled by Durus II. On information and belief, Artal can be found in,
inhabits, and/or transacts business in the state of Connecticut and this District.
6. Defendant Scott Sacane ("Sacane") is, on information and belief, a resident of,
can be found in, inhabits, and/or transacts business in the state of Connecticut and this District.
Sacane is the Managing Member of Durus I and the Managing Director of Durus II. Sacane has
sole voting and dispositive power over all shares of Aksys common stock owned by Durus I,
Durus II, Life Sciences and Artal. On information and belief, for the purposes of § 13(d) and §
16(a) of the Exchange Act, Sacane, Durus I, Durus II, Life Sciences, and Artal et al. collectively
constitute a “Group.”
7. On information and belief, Durus I, Durus II, Life Sciences, and Artal are part of
a hedge fund principally engaged in the business of investing in growth stage biotechnology and
medical equipment companies. On information and belief, Sacane is the principal and operator
of that hedge fund.
8. Throughout this Complaint, Sacane, Durus I, Durus II, Life Sciences and Artal are
collectively referred to as the “Defendants.” |
