Filing Details

Accession Number:
0001193805-11-000856
Form Type:
4
Zero Holdings:
No
Publication Time:
2011-05-06 21:59:32
Reporting Period:
2011-05-04
Filing Date:
2011-05-06
Accepted Time:
2011-05-06 21:59:32
SEC Url:
Form 4 Filing
Issuer
Cik Name Symbol Sector (SIC) IRS No
930553 Ista Pharmaceuticals Inc ISTA Pharmaceutical Preparations (2834) 330511719
Insiders
Cik Name Reported Address Insider Title Director Officer Large Shareholder Other
1009258 Deerfield Management Co /Ny 780 Third Avenue, 37Th Floor
New York NY 10017
No No Yes Yes
1010823 Deerfield Capital Lp 780 Third Avenue
37Th Floor
New York NY 10017
No No Yes Yes
1061970 Ltd International Deerfield C/O Citi Fund Services (Bvi) Ltd
Bison Court, Po Box 3460, Road Town
Tortola D8 --
No No Yes Yes
1301041 Deerfield Partners, Lp 780 Third Avenue
37Th Floor
New York NY 10017
No No Yes Yes
1352546 E James Flynn 780 Third Avenue
37Th Floor
New York NY 10017
No No Yes Yes
1354395 Deerfield Special Situations Fund, L.p. 780 3Rd Avenue
37Th Floor
New York NY 10017
No No Yes Yes
1354397 Ltd International Fund Situations Special Deerfield C/O Citi Hedge Fund Services (Bvi) Ltd
Bison Court, P.o. Box 3460
Road Town, Tortola D8 -
No No Yes Yes
1397526 P L Fund Design Private Deerfield 780 3Rd Ave 37Th Fl
New York NY 10017
No No Yes Yes
1407589 Deerfield Private Design International, L.p. 780 Third Avenue, 37Th Floor
New York NY 10017
No No Yes Yes
Reported Non-Derivative Transactions
Sec. Name Acquisiton - Disposition Date Amount Price Remaning Holdings Equity Swap Involved Form Type Code Nature of Ownership Explanation
Common Stock Disposition 2011-05-04 211,717 $10.52 144,295 No 4 S Indirect Through Deerfield Special Situations Fund, L.P.
Common Stock Disposition 2011-05-04 328,995 $10.52 218,368 No 4 S Indirect Through Deerfield Special Situations Fund International Limited
Common Stock Disposition 2011-05-04 297,290 $10.54 458,491 No 4 S Indirect Through Deerfield Private Design Fund, L.P.
Common Stock Disposition 2011-05-04 478,946 $10.54 738,686 No 4 S Indirect Through Deerfield Private Design International, L.P.
Common Stock Disposition 2011-05-05 10,265 $10.50 134,030 No 4 S Indirect Through Deerfield Special Situations Fund, L.P.
Common Stock Disposition 2011-05-05 15,535 $10.50 202,833 No 4 S Indirect Through Deerfield Special Situations Fund International Limited
Common Stock Disposition 2011-05-05 32,616 $10.50 425,875 No 4 S Indirect Through Deerfield Private Design Fund, L.P.
Common Stock Disposition 2011-05-05 52,551 $10.50 686,135 No 4 S Indirect Through Deerfield Private Design International, L.P.
Common Stock Disposition 2011-05-06 26,375 $10.60 107,655 No 4 S Indirect Through Deerfield Special Situations Fund, L.P.
Common Stock Disposition 2011-05-06 39,916 $10.60 162,917 No 4 S Indirect Through Deerfield Special Situations Fund International Limited
Common Stock Disposition 2011-05-06 83,814 $10.60 342,061 No 4 S Indirect Through Deerfield Private Design Fund, L.P.
Common Stock Disposition 2011-05-06 135,036 $10.60 551,099 No 4 S Indirect Through Deerfield Private Design International, L.P.
Equity Swap Involved Form Type Code Nature of Ownership Explanation
No 4 S Indirect Through Deerfield Special Situations Fund, L.P.
No 4 S Indirect Through Deerfield Special Situations Fund International Limited
No 4 S Indirect Through Deerfield Private Design Fund, L.P.
No 4 S Indirect Through Deerfield Private Design International, L.P.
No 4 S Indirect Through Deerfield Special Situations Fund, L.P.
No 4 S Indirect Through Deerfield Special Situations Fund International Limited
No 4 S Indirect Through Deerfield Private Design Fund, L.P.
No 4 S Indirect Through Deerfield Private Design International, L.P.
No 4 S Indirect Through Deerfield Special Situations Fund, L.P.
No 4 S Indirect Through Deerfield Special Situations Fund International Limited
No 4 S Indirect Through Deerfield Private Design Fund, L.P.
No 4 S Indirect Through Deerfield Private Design International, L.P.
Reported Non-Derivative Holdings
Sec. Name Remaning Holdings Nature of Ownership Explanation
Common Stock 80,000 Direct
Footnotes
  1. This Form 4 is being filed by the undersigned as well as the entities listed on the Joint Filer Information Statement attached as an exhibit hereto (the "Reporting Persons").
  2. Deerfield Capital, L.P. is the general partner of Deerfield Partners, L.P., Deerfield Special Situations Fund, L.P. and Deerfield Private Design Fund, L.P. and Deerfield Private Design International, L.P. (the "Domestic Funds"). James E. Flynn is the managing member of the general partner of Deerfield Capital, L.P. In accordance with Instruction 4(b)(iv) to Form 4, the entire amount of the Issuer's securities held by the Domestic Funds are reported herein. For purposes of Section 16 of the Securities Exchange Act of 1934, each Reporting Person disclaims beneficial ownership of any such securities, except to the extent of his/its indirect pecuniary interest therein, if any, and this report shall not be deemed an admission that such Reporting Person is the beneficial owner of such securities for purposes of Section 16 or otherwise.
  3. Deerfield Management Company, L.P. is the investment manager of Deerfield International Limited and Deerfield Special Situations Fund International Limited (the "Offshore Funds"). James E. Flynn is the managing member of the general partner of Deerfield Management Company, L.P. In accordance with Instruction 4(b)(iv) to Form 4, the entire amount of the Issuer's securities held by the Offshore Funds are reported herein. For purposes of Section 16 of the Securities Exchange Act of 1934, each Reporting Person disclaims beneficial ownership of any such securities, except to the extent of his/its indirect pecuniary interest therein, if any, and this report shall not be deemed an admission that such Reporting Person is the beneficial owner of such securities for purposes of Section 16 or otherwise.
  4. The price reported in Column 4 is a weighted average price. These shares were sold in multiple transactions at prices ranging from $10.24 to $10.84, inclusive. The reporting persons undertake to provide to ISTA Pharmaceuticals, Inc., any security holder of ISTA Pharmaceuticals, Inc., or the staff of the Securities and Exchange Commission, upon request, full information regarding the number of shares sold at each separate price within the rages set forth in column 4 of this Form 4 and in the footnotes herein containing transaction price ranges.
  5. The price reported in Column 4 is a weighted average price. These shares were sold in multiple transactions at prices ranging from $10.24 to 10.84, inclusive.
  6. The price reported in Column 4 is a weighted average price. These shares were sold in multiple transactions at prices ranging from $10.55 to 10.65, inclusive.