SIDLEY AUSTIN LLP

Thomas R. Califano (TX Bar No. 24122825)

William E. Curtin (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

anne.wallice@sidley.com

Attorneys for the Debtors

and Debtors in Possession

SIDLEY AUSTIN LLP

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

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)

NOTICE OF FILING PLAN SUPPLEMENT

PLEASE TAKE NOTICE THAT on July 30, 2024, the United States Bankruptcy Court 

for the Northern District of Texas (the “Court”) entered an order [Docket No. 473] (the “Disclosure 

Statement Order”): (a) scheduling a hearing at which the Court will consider the adequacy of the 

Disclosure Statement (as defined below) on a final basis and confirmation of the Plan (as defined 

below) (the “Combined Hearing”); (b) conditionally approving the adequacy of the Amended 

Disclosure Statement for Joint Plan of Liquidation of Eiger BioPharmaceuticals, Inc. and its 

Debtor Affiliates Pursuant to Chapter 11 of the Bankruptcy Code [Docket No. 476-1] (as may be 

amended, supplemented, or modified from time to time, and including all exhibits thereto, the 

“Disclosure Statement”); (c) approving the solicitation procedures (the “Solicitation Procedures”) 

with respect to confirmation of the Second Amended Joint Plan of Liquidation of Eiger 

BioPharmaceuticals, Inc. and its Debtor Affiliates Pursuant to Chapter 11 of the Bankruptcy Code

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 Avenue, Dallas, Texas 75201.

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[Docket No. 517-1] (as may be amended, supplemented, or modified from time to time, the 

“Plan”);2 (d) scheduling certain dates with respect thereto; (e) approving the forms of notices and 

ballots in connection therewith; and (f) granting related relief.

PLEASE TAKE FURTHER NOTICE THAT as contemplated by the Plan and the 

Disclosure Statement Order, the Debtors hereby file this Plan Supplement with the Court 

comprised of the following:

Exhibit Plan Supplement Document

A Liquidation Analysis

B Schedule of Assumed Executory Contracts and Unexpired Leases

C Schedule of Retained Causes of Action

D Amended Certificate of Incorporation of Eiger BioPharmaceuticals, Inc.

E Liquidating Trust Agreement

F Plan Administrator Agreement

G Identity of Any Insider to Be Employed by the Plan Administrator

PLEASE TAKE FURTHER NOTICE THAT certain documents, or portions thereof, 

contained in this Plan Supplement remain subject to ongoing review, revision, and further 

negotiation among the Debtors and interested parties with respect thereto. The Debtors reserve 

the right to alter, amend, modify, or supplement any document in this Plan Supplement in 

accordance with the Plan, at any time before the Effective Date of the Plan or any such other date 

as may be provided for by the Plan or by order of the Court; provided that if any document in this 

Plan Supplement is altered, amended, modified, or supplemented in any material respect prior to 

the date of the Combined Hearing, the Debtors will promptly file a redline of such document with 

the Court.

PLEASE TAKE FURTHER NOTICE THAT the Combined Hearing will commence on 

September 5, 2024 at 9:30 a.m. prevailing Central Time, before the Honorable Judge Jernigan, 

in Courtroom 1 of the United States Bankruptcy Court for the Northern District of Texas, 1100 

Commerce Street, Dallas, Texas 75242.

PLEASE TAKE FURTHER NOTICE THAT that you may participate at the Combined 

Hearing either in person or by an audio or video connection. Audio communication will be by use 

of the Court’s dial-in facility. You may access the facility at (650) 479-3207. The access code is 

2304 154 2638. 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, https://uscourts.webex.com/meet/jerniga. 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. Please be 

advised that the Combined Hearing may be continued from time to time by the Court or the Debtors 

without further notice other than by such adjournment being announced in open court or by a notice 

of adjournment filed with the Court and served on other parties entitled to notice.

2 Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the 

Disclosure Statement or Plan, as applicable. 

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PLEASE TAKE FURTHER NOTICE THAT the deadline for filing objections to the 

confirmation of the Plan or adequacy of the Disclosure Statement is August 30, 2024 at 4:00 p.m.

prevailing Central Time (the “Plan Objection Deadline”). Any objection to the confirmation of 

the Plan or adequacy of the Disclosure Statement must: (a) be in writing; (b) conform to the 

Bankruptcy Code, the Bankruptcy Rules, the Bankruptcy Local Rules for the Northern District of 

Texas, and any orders of the court; (c) state, with particularity, the name and address of the 

objecting party and the amount and nature of the Claim or Interest beneficially owned by such 

entity; (d) state, with particularity, the legal and factual basis for such objections and, if practicable, 

a proposed modification to the Plan or Disclosure Statement that would resolve such objections; 

and (e) be filed with the Court with proof of service thereof and served upon the Debtors, the 

Statutory Committees, and the U.S. Trustee so as to be actually received on or before the Plan 

Objection Deadline.

PLEASE TAKE FURTHER NOTICE THAT if you would like to obtain a copy of the 

Disclosure Statement Order, the Plan and Disclosure Statement, the Solicitation Procedures, or 

related documents, such materials are available free of charge by: (a) accessing the Debtors’ 

restructuring website at https://www.veritaglobal.net/Eiger; (b) writing to Eiger Ballot Processing 

Center, c/o Kurtzman Carson Consultants, LLC, dba Verita, 222 N. Pacific Coast Highway, 

Suite 300, El Segundo, California 90245; (c) calling (888) 733-1544 (U.S. and Canada toll free) 

or (310) 751-2638 (international); or (d) submitting an inquiry via online form at 

https://www.veritaglobal.net/Eiger/inquiry. You may also obtain copies of any pleadings filed in 

these chapter 11 cases for a fee via PACER at https://ecf.txnb.uscourts.gov/.

ARTICLE IX OF THE PLAN CONTAINS RELEASE, EXCULPATION, AND 

INJUNCTION PROVISIONS, AND ARTICLE IX.B CONTAINS A THIRD-PARTY 

RELEASE. THUS, YOU ARE ADVISED TO REVIEW AND CONSIDER THE PLAN 

CAREFULLY BECAUSE YOUR RIGHTS MIGHT BE AFFECTED THEREUNDER. 

THIS NOTICE IS BEING SENT TO YOU FOR INFORMATIONAL PURPOSES 

ONLY. IF YOU HAVE QUESTIONS WITH RESPECT TO YOUR RIGHTS UNDER THE 

PLAN OR ABOUT ANYTHING STATED HEREIN OR IF YOU WOULD LIKE TO 

OBTAIN ADDITIONAL INFORMATION, CONTACT THE NOTICE AND CLAIMS 

AGENT.

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Dated: August 16, 2024

Dallas, Texas SIDLEY AUSTIN LLP

/s/ Thomas R. Califano

Thomas R. Califano (TX Bar No. 24122825)

William E. Curtin (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

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

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Certificate of Service

I certify that on August 16, 2024, I caused a copy of the foregoing document to be served 

by the Electronic Case Filing System for the United States Bankruptcy Court for the Northern 

District of Texas.

/s/ Thomas R. Califano

 Thomas R. Califano

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