IN THE UNITED STATES BANKRUPTCY COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

In re:

EIGER BIOPHARMACEUTICALS, INC., et 

al.1

Debtors.

Chapter 11

Case No. 24-80040 (SGJ)

(Jointly Administered)

AMENDED NOTICE OF CURE AMOUNTS

AND POTENTIAL ASSUMPTION AND ASSIGNMENT 

OF EXECUTORY CONTRACTS AND UNEXPIRED LEASES 

IN CONNECTION WITH THE REMAINING ASSETS SALE TRANSACTION(S)

PLEASE TAKE NOTICE:

On April 1, 2024 (the “Petition Date”), the debtors and debtors in possession in the abovecaptioned chapter 11 cases (collectively, the “Debtors”) filed voluntary petitions for relief 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 “Court”).

On April 1, 2024, the Debtors filed a motion [Docket No. 13] (the “Bid Procedures 

Motion”) with the Court seeking entry of an order, among other things: (i)(a) approving the 

proposed bid procedures (the “Bid Procedures”) in connection with the Sale Transaction(s) of the 

Assets; (b) approving the Bid Protections relating to the Remaining Assets Stalking Horse 

Purchaser(s), if any; (c) establishing the dates and deadlines relating to the Remaining Asset Bid 

Deadline, Auction(s), and a Sale Hearing(s); (d) approving the form and manner of the notice of 

the Sale Transaction(s), the Bid Deadline(s), the Auction(s), and the Sale Hearing(s) (the “Sale 

Notice”); (e) approving the assumption and assignment procedures for any executory contracts or 

unexpired lease to be assumed by the Debtors in connection with the Sale Transaction(s), if any 

(the “Designated Contracts”) (the “Assignment and Assumption Procedures”); and (f) approving 

the form and manner of the potential assignment and assumption notice (the “Assignment 

Notice”); and (ii) granting related relief.

On April 5, 2024 the Court entered the Order (I)(A) Approving the Bid Procedures; 

(B) Authorizing the Debtors to Select Sentynl Therapeutics, Inc. as the Zokinvy Stalking Horse 

Purchaser & Approving Bid Protections; (C) Approving the Bid Protections Relating to the 

Remaining Assets Stalking Horse Purchaser(s), if any; (D) Establishing Bid Deadlines, Auction(s), 

and Sale Hearing(s); (E) Approving the Form and Manner of Sale Notice; (F) Approving 

1 The Debtors in these chapter 11 cases, together with the last four digits of each Debtor’s federal tax identification 

number, are: Eiger BioPharmaceuticals, Inc. (1591); EBPI Merger Inc. (9986); EB Pharma LLC (8352); Eiger 

BioPharmaceuticals Europe Limited (N/A); and EigerBio Europe Limited (N/A). The Debtors’ service address 

is 2100 Ross Ave., Dallas, Texas 75201.

Case 24-80040-sgj11 Doc 351 Filed 06/21/24 Entered 06/21/24 18:36:49 Desc

Main Document Page 1 of 5
Assignment and Assumption Procedures; (G) Approving the Form and Manner of Potential 

Assumption and Assignment Notice; (II)(A) Authorizing the Sale of the Assets Free and Clear; and 

(B) Approving the Assumption and Assignment of Designated Contracts; And (III) Granting 

Related Relief [Docket No. 94] (the “Bid Procedures Order”).

2 All recipients of this notice 

should carefully read the Bid Procedures Order and the Assumption and Assignment 

Procedures in their entirety.

On June 4, 2024, the Debtors filed the Amended Notice of Cure Amounts and Potential 

Assumption and Assignment of Executory Contracts and Unexpired Leases in Connection with the 

Remaining Assets Sale Transaction(s) [Docket No. 313] (the “Initial Cure Notice”).

You are receiving this notice (the “Amended Cure Notice”) because you may be a 

counterparty to an executory contract or unexpired lease of the Debtors that may be assumed 

and assigned to the Winning Bidder, or as otherwise contemplated in the Winning Bid 

related to the Remaining Assets Sale Transaction(s) (each, a “Potentially Assigned

Contract”). Each of the Potentially Assigned Contracts that may be assumed and assigned in 

connection with the Remaining Assets Sale Transaction(s) with a Winning Bidder and the Debtors’ 

calculation of the Cure Amounts with respect thereto are set forth on Exhibit A hereto (the “Cure 

Schedule”). The Cure Amounts are the only amounts proposed to be paid upon the assumption 

and/or assignment of the Potentially Assigned Contracts. A redline of the Cure Schedule as against 

the cure amounts set forth in the Initial Cure Notice is set forth on Exhibit B hereto. 

The inclusion of any contract or lease on Exhibit A shall not constitute or be deemed a 

determination or admission by the Debtors that such contract or other document is, in fact, an 

executory contract or unexpired lease within the meaning of the Bankruptcy Code (all rights with 

respect thereto being expressly reserved).

Notwithstanding the inclusion of any Potentially Assigned Contract on Exhibit A, 

neither the Debtors nor any Winning Bidder(s) are obligated to assume or assign any 

Potentially Assigned Contract identified on Exhibit A. The Amended Cure Notice is only 

advising parties of the Debtors’ proposed Cure Amounts should the Potentially Assigned

Contract be assumed or assumed and assigned. Subsequent notice will be provided if your 

Potentially Assigned Contract is proposed to be assumed or assumed and assigned to a 

Winning Bidder. If you disagree with the proposed Cure Amounts, you must file an 

objection in accordance with the instructions below. 

Objections

A. Cure Objections

Any objection to potential assumption, assignment, or designation of a Potentially 

Assigned Contract identified on Exhibit A, the subject of which objection is the Debtors’ proposed 

Cure Amounts, if any, must (i) be in writing; (ii) comply with the Bankruptcy Rules and the

Bankruptcy Local Rules; (iii) be filed with the Clerk of the Court, by electronic submission through 

2 Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Bid Procedures 

Motion, the Bid Procedures, and the Bid Procedures Order, as applicable.

Case 24-80040-sgj11 Doc 351 Filed 06/21/24 Entered 06/21/24 18:36:49 Desc

Main Document Page 2 of 5
PACER (Public Access to Court Electronic Records at https://ecf.txnb.uscourts.gov/), or if 

submitted through non-electronic means, by U.S. Mail or other hand delivery system at the 

following address: United States Bankruptcy Court, 1100 Commerce St, #5300, Dallas, TX 75242, 

on or before 4:00 p.m. (CT) on June 12, 2024 (the “Remaining Assets Cure Objection 

Deadline”); (iv) be served, so as to be actually received on or before the Remaining Assets Cure

Objection Deadline, upon the following via email: (a) proposed counsel to the Debtors, Sidley Austin 

LLP (attn: Thomas R. Califano (tom.califano@sidley.com), William E. Curtin 

(wcurtin@sidley.com), and Anne G. Wallice (anne.wallice@sidley.com)), (b) counsel to any official 

committee of unsecured creditors appointed in the Debtors’ chapter 11 cases; (c) the Office of the 

United States Trustee, 1100 Commerce Street, Room 976, Dallas, Texas 75242 (attn: Elizabeth A. 

Young (elizabeth.a.young@usdoj.gov)); and (d) counsel to Innovatus, Bradley Arant Boult 

Cummings LLP (attn. Roger Jones (rjones@bradley.com) and Jay Bender 

(jbender@bradley.com)(collectively, the “Objection Notice Parties”); and (v) state with specificity 

the legal and factual grounds for such objection, including, without limitation, the Cure Amounts 

the Counterparty believes is required to cure defaults under the relevant Executory Contracts or 

Unexpired Leases. Any objections solely on the basis of adequate assurance of future performance 

must be filed in the manner described in the foregoing sentence and served on the Objection Notice 

Parties by no later than 4:00 p.m (CT) on June 12, 2024.

IF A COUNTERPARTY FAILS TO FILE WITH THE BANKRUPTCY COURT 

AND SERVE ON THE OBJECTION NOTICE PARTIES A TIMELY CURE OBJECTION, 

THE COUNTERPARTY SHALL BE FOREVER BARRED FROM ASSERTING ANY 

OBJECTION WITH REGARD TO THE AMOUNT TO CURE ANY DEFAULT UNDER 

THE APPLICABLE POTENTIALLY ASSIGNED CONTRACT. THE CURE AMOUNTS 

SET FORTH ON EXHIBIT A HERETO SHALL BE CONTROLLING AND WILL BE 

THE ONLY AMOUNT NECESSARY TO CURE OUTSTANDING DEFAULTS UNDER 

THE APPLICABLE POTENTIALLY ASSIGNED CONTRACT UNDER BANKRUPTCY 

CODE SECTION 365(B), NOTWITHSTANDING ANYTHING TO THE CONTRARY IN 

THE POTENTIALLY ASSIGNED CONTRACT, OR ANY OTHER DOCUMENT, AND 

THE APPLICABLE COUNTERPARTY SHALL BE FOREVER BARRED FROM 

ASSERTING ANY ADDITIONAL CURE OR OTHER AMOUNTS WITH RESPECT TO 

SUCH POTENTIALLY ASSIGNED CONTRACT AGAINST THE DEBTORS, ANY 

WINNING BIDDER, OR THE PROPERTY OF ANY OF THEM.

B. Adequate Assurance Objection

As stated, this notice does not indicate if your Potentially Assigned Contract will be 

assumed, rejected, or assumed and assigned to a Winning Bidder. If your Potentially Assigned

Contract is proposed to be assumed or assumed and assigned, subsequent notice will be provided.

Any objections to an assignee’s adequate assurance of future performance are preserved and 

the procedures for such adequate assurance objections will be set forth in the subsequent 

notice.

Cure Objection Hearing

Cure Objections that cannot be resolved by the parties will be heard by the Bankruptcy 

Court on June 26, 2024 at 1:30 p.m. (prevailing Central Time) or as soon thereafter as such 

Case 24-80040-sgj11 Doc 351 Filed 06/21/24 Entered 06/21/24 18:36:49 Desc

Main Document Page 3 of 5
Cure Objection may be heard. You may participate in the Hearing either remotely by an audio 

and video connection or in person.

Remote Participation Instructions. Audio communication will be by use of the Court’s dialin facility. You may access the facility at 1.650.479.3207. Video communication will be by use 

of the Cisco WebEx platform. Connect via the Cisco WebEx application or click the link on Judge 

Jernigan’s home page. The meeting code is 2304-154-2638. Click the settings icon in the upper 

right corner and enter your name under the personal information setting.

In Person Instructions. If you wish to attend the hearing in person, the hearing will be 

conducted at Courtroom 1, floor 14, 1100 Commerce Street, Dallas, TX 75242-1496.

Hearing Appearances. If you intend to appear electronically, hearing appearances must be 

made electronically in advance of electronic hearings. To make your appearance, click the 

“Electronic Appearance” link on Judge Jernigan’s home page. Select the case name, complete the 

required fields and click “Submit” to complete your appearance.

[Remainder of page intentionally left blank]

Case 24-80040-sgj11 Doc 351 Filed 06/21/24 Entered 06/21/24 18:36:49 Desc

Main Document Page 4 of 5
Dated: June 21, 2024

Dallas, Texas SIDLEY AUSTIN LLP

/s/ Thomas R. Califano

Thomas R. Califano (TX Bar No. 24122825)

William E. Curtin (admitted pro hac vice)

John J. Kuster (admitted pro hac vice)

Jon W. Muenz (admitted pro hac vice)

Anne G. Wallice (admitted pro hac vice)

787 Seventh Avenue

New York, NY 10019

Telephone: (212) 839-5300

Facsimile: (212) 839-5599

Email: tom.califano@sidley.com

wcurtin@sidley.com

jkuster@sidley.com

jmuenz@sidley.com

anne.wallice@sidley.com

and

Charles M. Persons (TX Bar No. 24060413)

2021 McKinney Avenue, Suite 2000

Dallas, Texas 75201

Telephone: (214) 981-3300

Facsimile: (214) 981-3400

Email: cpersons@sidley.com

Attorneys for the Debtors and Debtors in 

Possession

Case 24-80040-sgj11 Doc 351 Filed 06/21/24 Entered 06/21/24 18:36:49 Desc

Main Document Page 5 of 5