UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
SCHEDULE 13G/A
Under the Securities Exchange Act of 1934
(Amendment No. 1 )*
|
BIOTA PHARMACEUTICALS, INC.
f/k/a
NABI BIOPHARMACEUTICALS
|
|
(Name of Issuer)
|
|
|
|
(Title of Class of Securities)
|
|
|
090694100
|
|
|
|
(CUSIP Number)
|
|
|
|
||
|
November 9, 2012
|
||
|
(Date of Event Which Requires Filing of This Statement)
|
||
Check the appropriate box to designate the rule pursuant to which this Schedule is filed:
| o |
Rule 13d-1(b)
|
|
|
|
||
| x |
Rule 13d-1(c)
|
|
| o |
Rule 13d-1(d)
|
*The remainder of this cover page shall be filled out for a reporting person's initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter the disclosures provided in a prior cover page.
The information required in the remainder of this cover page shall not be deemed to be “filed” for the purpose of Section 18 of the Securities Exchange Act of 1934 (“Act”) or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes).
Page 1 of 9 pages
|
CUSIP No. 090694100
|
||||
|
1
|
NAMES OF REPORTING PERSONS
I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY)
The Mangrove Partners Fund, L.P.
27-2067192
|
|||
|
2
|
CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (see instructions)
|
|||
|
3
|
SEC USE ONLY
|
|||
|
4
|
CITIZENSHIP OR PLACE OF ORGANIZATION
DE
|
|||
|
NUMBER OF
SHARES
BENEFICIALLY
OWNED BY
EACH REPORTING
PERSON WITH:
|
5
|
SOLE VOTING POWER
0
|
||
|
6
|
SHARED VOTING POWER
167
|
|||
|
7
|
SOLE DISPOSITIVE POWER
0
|
|||
|
8
|
SHARED DISPOSITIVE POWER
167
|
|||
Page 2 of 9 pages
|
CUSIP No. 090694100
|
||||
|
1
|
NAMES OF REPORTING PERSONS
I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY)
Mangrove Partners
98-0652572
|
|||
|
2
|
CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (see instructions)
|
(a)x
(b)o
|
||
|
3
|
SEC USE ONLY
|
|||
|
4
|
CITIZENSHIP OR PLACE OF ORGANIZATION
Cayman Islands
|
|||
|
NUMBER OF
SHARES
BENEFICIALLY
OWNED BY
EACH REPORTING
PERSON WITH:
|
5
|
SOLE VOTING POWER
0
|
||
|
6
|
SHARED VOTING POWER
167
|
|||
|
7
|
SOLE DISPOSITIVE POWER
0
|
|||
|
8
|
SHARED DISPOSITIVE POWER
167
|
|||
|
9
|
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
167
|
|||
|
10
|
CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES (see instructions)
o
|
|||
|
11
|
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9)
0%
|
|||
|
12
|
TYPE OF REPORTING PERSON (see instructions)
OO
|
|||
Page 3 of 9 pages
|
CUSIP No. 090694100
|
||||
|
1
|
NAMES OF REPORTING PERSONS
I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY)
Mangrove Capital
98-06252571
|
|||
|
2
|
CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (see instructions)
|
(a)x
(b)o
|
||
|
3
|
SEC USE ONLY
|
|||
|
4
|
CITIZENSHIP OR PLACE OF ORGANIZATION
Cayman Islands
|
|||
|
NUMBER OF
SHARES
BENEFICIALLY
OWNED BY
EACH REPORTING
PERSON WITH:
|
5
|
SOLE VOTING POWER
0
|
||
|
6
|
SHARED VOTING POWER
167
|
|||
|
7
|
SOLE DISPOSITIVE POWER
0
|
|||
|
8
|
SHARED DISPOSITIVE POWER
167
|
|||
|
9
|
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
167
|
|||
|
10
|
CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES (see instructions)
o
|
|||
|
11
|
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9)
0%
|
|||
|
12
|
TYPE OF REPORTING PERSON (see instructions)
OO
|
|||
Page 4 of 9 pages
|
CUSIP No. 090694100
|
||||
|
1
|
NAMES OF REPORTING PERSONS
I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY)
Nathaniel August
|
|||
|
2
|
CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (see instructions)
|
(a)x
(b)o
|
||
|
3
|
SEC USE ONLY
|
|||
|
4
|
CITIZENSHIP OR PLACE OF ORGANIZATION
|
|||
|
NUMBER OF
SHARES
BENEFICIALLY
OWNED BY
EACH REPORTING
PERSON WITH:
|
5
|
SOLE VOTING POWER
0
|
||
|
6
|
SHARED VOTING POWER
167
|
|||
|
7
|
SOLE DISPOSITIVE POWER
0
|
|||
|
8
|
SHARED DISPOSITIVE POWER
167
|
|||
|
9
|
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
167
|
|||
|
10
|
CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES (see instructions)
o
|
|||
|
11
|
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9)
0%
|
|||
|
12
|
TYPE OF REPORTING PERSON (see instructions)
IN
|
|||
Page 5 of 9 pages
|
Item 1(a).
|
Name of Issuer:
|
|
|
|
|
|
Biota Pharmaceuticals, Inc., f/k/a Nabi Biopharmaceuticals
|
|
|
|
|
Item 1(b).
|
Address of Issuer’s Principal Executive Offices:
|
|
|
|
|
|
2500 Northwinds Parkway, Suite 100, Alpharetta, Georgia 30009
|
|
|
|
|
Item 2(a).
|
Name of Person Filing:
|
|
|
|
|
|
This Schedule 13G/A #1 is being jointly filed by The Mangrove Partners Fund, L.P., Mangrove Partners, Mangrove Capital and Nathaniel August with respect to shares of the common stock of the above-named issuer owned by The Mangrove Partners Fund, L.P..
|
|
|
|
|
Item 2(b).
|
Address of Principal Business Office or, if none, Residence:
|
|
|
|
|
|
The address of the principal business office of each of the Reporting Persons is 645 Madison Avenue, 14th Floor, New York, New York 10022.
|
|
|
|
|
Item 2(c).
|
Citizenship:
|
|
|
|
|
|
The Mangrove Partners Fund, L.P. is organized as a limited partnership under the laws of the State of Delaware. Each of Mangrove Partners and Mangrove Capital is organized as a limited liability exempted company under the laws of the Cayman Islands. Nathaniel August is a citizen of the United States.
|
|
|
|
|
Item 2(d).
|
Title of Class of Securities:
|
|
|
|
|
|
Common Stock
|
|
|
|
|
Item 2(e).
|
CUSIP Number: 090694100
|
Page 6 of 9 pages
|
Item 3.
|
If this Statement is filed pursuant to 240.13d-1(b) or 240.13d-2(b) or (c), check whether the person filing is a:
|
||
|
(a)
|
o |
Broker or dealer registered under Section 15 of the Act;
|
|
|
(b)
|
o |
Bank as defined in Section 3(a)(6) of the Act;
|
|
|
(c)
|
o |
Insurance company as defined in Section 3(a)(19) of the Act;
|
|
|
(d)
|
o |
Investment company registered under Section 8 of the Investment Company Act of 1940;
|
|
|
(e)
|
o |
An investment adviser in accordance with Rule 13d-1(b)(1)(ii)(E);
|
|
|
(f)
|
o |
An employee benefit plan or endowment fund in accordance with Rule 13d-1(b)(1)(ii)(F);
|
|
|
(g)
|
o |
A parent holding company or control person in accordance with Rule 13d-1(b)(1)(ii)(G);
|
|
|
(h)
|
o |
A savings association as defined in Section 3(b) of the Federal Deposit Insurance Act (12 U.S.C. 1813);
|
|
|
(i)
|
o |
A church plan that is excluded from the definition of an investment company under section 3(c)(14) of the Investment Company Act of 1940;
|
|
|
(j)
|
o |
A non-U.S. institution in accordance with Rule 240.13d-1(b)(1)(ii)(J);
|
|
|
(k)
|
o | ||
|
Item 4.
|
Ownership.
|
|||
|
|
Provide the following information regarding the aggregate number and percentage of the class of securities of the issuer identified in Item 1.
|
|||
|
|
(a)
|
Amount Beneficially Owned:
|
167
|
|
|
|
(b)
|
Percent of Class:
|
0.0%
|
|
|
|
(c)
|
Number of shares as to which such person has:
|
||
|
|
|
(i)
|
sole power to vote or to direct the vote:
|
0
|
|
|
|
(ii)
|
shared power to vote or to direct the vote:
|
167
|
|
|
|
(iii)
|
sole power to dispose or to direct the disposition of:
|
0
|
|
|
|
(iv)
|
shared power to dispose or to direct the disposition of:
|
167
|
Page 7 of 9 pages
|
Item 5.
|
Ownership of Five Percent or Less of a Class.
|
|
|
|
|
|
|
Item 6.
|
Ownership of More than Five Percent on Behalf of Another Person.
|
|
|
|
|
|
|
|
|
|
|
Item 7.
|
Identification and Classification of the Subsidiary Which Acquired the Security Being Reported on by the Parent Holding Company.
|
|
|
|
|
|
|
|
|
|
|
Item 8.
|
Identification and Classification of Members of the Group.
|
|
|
|
|
|
|
|
|
|
|
Item 9.
|
Notice of Dissolution of Group.
|
|
|
|
|
|
|
|
|
|
|
Item 10.
|
Certification.
|
|
|
|
|
|
By signing below I certify that, to the best of my knowledge and belief, the securities referred to above were acquired and are held in the ordinary course of business and were not acquired and are not held for the purpose of and do not have the effect of changing the control of the issuer of the securities and were not acquired and are not held in connection with or as a participant in any transaction having such purpose or effect for the time being.
|
Page 8 of 9 pages
SIGNATURE
After reasonable 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.
November 13, 2013
|
THE MANGROVE PARTNERS FUND, L.P.
|
||
|
By:
|
MANGROVE CAPITAL
|
|
|
as General Partner
|
||
|
By:
|
/s/ Nathaniel August
|
|
|
Name: Nathaniel August
|
||
|
Title: Director
|
||
|
MANGROVE PARTNERS
|
||
|
By:
|
/s/ Nathaniel August
|
|
|
Name: Nathaniel August
|
||
|
Title: Director
|
||
|
MANGROVE CAPITAL
|
||
|
By:
|
/s/ Nathaniel August
|
|
|
Name: Nathaniel August
|
||
|
Title: Director
|
||
|
/s/ Nathaniel August
|
||
|
Name: Nathaniel August
|
||
Page 9 of 9 pages