UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
____________________________
Amendment No. 1 to
SCHEDULE TO
TENDER OFFER STATEMENT UNDER SECTION 14(d)(1) OR 13(e)(1)
OF THE SECURITIES EXCHANGE ACT OF 1934
____________________________
Sinovac Biotech Ltd.
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(Name of Subject Company (Issuer))
Alternative Liquidity Index LP
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(Names of Filing Person (Purchaser))
Common Stock, $0.001 par value
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(Title of Class of Securities)
P8696W104
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(CUSIP Number of Class of Securities)
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Jacob Mohs
Alternative Liquidity Index LP
C/O Alternative Liquidity Capital
11500 Wayzata Blvd. #1050
Minnetonka, MN 55305
(888)884-8796
info@alternativeliquidity.net
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(Name, Address and Telephone Number of a Person
Authorized to Receive Notices and Communications on Behalf of Filing Persons)
Calculation of Filing Fee
Transaction valuation* | Amount of filing fee |
$300,000 | $44.28 |
* This amount represents the maximum amount of the offer.
þ Check the box if any part of the fee is offset as provided by Rule 0-11(a)(2) and identify the filing with which the offsetting fee was previously paid. Identify the previous filing by registration statement number, or the Form or Schedule and the date of its filing.
| | | |
Amount Previously Paid: | $44.28 | Filing Party: Alternative Liquidity Index LP |
| | | |
Form or Registration No.: | SC TO-T | Date Filed: January 8, 2024 |
o Check the box if the filing relates solely to preliminary communications made before the commencement of a tender offer.
Check the appropriate boxes below to designate any transactions to which the statement relates:
þ third-party tender offer subject to Rule 14d-1
o issuer tender offer subject to Rule 13e-4
o going-private transaction subject to Rule 13e-3
o amendment to Schedule 13D under Rule 13d-2
Check the following box if the filing is a final amendment reporting the results of the tender offer: o
SCHEDULE TO
This Amendment No. 1 to Tender Offer Statement on Schedule TO (this “Amendment”) relates to the offer (the “Offer”) by Alternative Liquidity Index LP (the “Purchaser”) to purchase up to 10,000,000 shares of common stock (the “Shares”), in Sinovac Biotech Ltd. (the “Company”) at a purchase price equal to $0.03 per Share, upon the terms and subject to the conditions set forth in the Offer to Purchase (the “Offer to Purchase”) dated January 8, 2024 (the “Offer Date”) and the related Assignment Form, copies of which are attached hereto as Exhibits (a)(1) and (a)(2), respectively.
This Amendment is being filed to (1) extend the expiration date of the Offer from February 21, 2024, to March 12, 2024 and (2) revise the disclosure contained in the Offer documents to address comments received from the Securities and Exchange Commission.
The information in the Offer to Purchase, including all schedules and annexes thereto, is hereby expressly incorporated herein by reference in response to all the items of this Statement.
Item 12.MATERIAL TO BE FILED AS EXHIBITS.
(a)(1)Offer to Purchase
(a)(2)Assignment Form
(a)(3)Letter to Shareholders
(a)(4) Announcement of Offer Extension
Item 12. INFORMATION REQUIRED BY SCHEDULE 13E-3
Not applicable
SIGNATURE
After due inquiry and to the best of my knowledge and belief, I certify that the information set forth in this statement is true, complete and correct.
Dated: | February 1, 2024 | |
| Alternative Liquidity Index LP |
|
| By: Alternative Liquidity GP LLC Title: General Partner/Investment Manager |
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| By: /s/ JACOB MOHS |
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| Name: Jacob Mohs |
| Title: Managing Member of the General Partner |