To: phoenix_rising who wrote (1640 ) 1/14/2016 12:27:51 AM From: Mirror Image Read Replies (1) | Respond to of 2026 Section 10.3 of the 8K would seem to state there is another anonymous party in addition to Sarissa and Aspire unless I am reading it wrongly. It would be that party that put up the 500k shares on the ask I would say. I completely missed this document. And my amount of shares previously allotted to Sarissa might have to be adjusted to reflect 426,137 shares less ( bought today ) , 426,137 subsequent shares ( to be given after Apricus Shareholder authorization ) and 426,137 total warrants exercisable in 6 months at .88 as Bank Julius Baer and not Sarissa's. The party that Apricus sold these share to is: Julius Bank Baer & Company. It's the same Investor that participated in conjunction with Sarissa back in the February 2015 direct offering. One thing I do have to say is that the shares they bought ( in February 2015 ) have never appeared on the Institutional Holdings lists ( unless they are the same as Healthcare Value Capital - which I doubt ). And if you look lower in the same document you will find this:5.4 Since December 1, 2015, representing the date at which the Company first contacted the Investor about the Offering, the Investor has not disclosed any information regarding the Offering to any third parties (other than its employees or the employees of its affiliates or their respective legal, accounting and other advisors) and has not engaged in any purchases or sales of the securities of the Company (including, without limitation, any Short Sales (as defined herein) involving the Company’s securities). The Investor covenants that it will not engage in any purchases or sales of the securities of the Company (including Short Sales), other than the purchases of the Shares and the Warrants as contemplated hereby, prior to the time that the transactions contemplated by this Agreement are publicly disclosed (it being understood and agreed that such transactions shall be publicly disclosed no later than one business day following the execution of this Agreement by all parties hereto). The Investor agrees that it will not use any of the Securities acquired pursuant to this Agreement to cover any short position in the Common Stock if doing so would be in violation of applicable securities laws. For purposes hereof, “Short Sales” include, without limitation, all “short sales” as defined in Rule 200 promulgated under Regulation SHO under the Exchange Act, whether or not against the box, and all types of direct and indirect stock pledges, forward sales contracts, options, puts, calls, short sales, swaps, “put equivalent positions” (as defined in Rule 16a-1(h) under the Exchange Act) and similar arrangements (including on a total return basis), and sales and other transactions through non-U.S. broker dealers or foreign regulated brokers.