Eiger BioPharmaceuticals, Inc.: going-concern / distress — Eiger BioPharmaceuticals files for Chapter 11; stalking horse sale of Zokinvy for up to $26M

The filing of the Bankruptcy Petitions described in Item 1.03 above constitutes an event of default that accelerated the Company’s obligations under that certain Loan and Security Agreement, dated as of June 1, 2022, by and among Innovatus Life Sciences Lending Fund I, LP, a Delaware limited partnership, as collateral agent, and the Lenders listed on Schedule 1.1 thereto or otherwise a party thereto from time to time including Innovatus Life Sciences Lending Fund I, LP in its capacity as a Lender, and the Company, EB Pharma, LLC, a Delaware limited liability company and EBPI Merger, Inc., a Delaware corporation (the “ Innovatus Loan ”).

On April 1, 2024, Eiger BioPharmaceuticals, Inc. (the “ Company ”) and its direct subsidiaries (together with the Company, the “ Debtors ”) filed voluntary petitions for relief (the “ Bankruptcy Petitions ”) under chapter 11 of Title 11 of the United States Code (the “ Bankruptcy Code ”) in the United States Bankruptcy Court for the Northern District of Texas (the “ Bankruptcy Court ”).