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

Proposed 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) 

AMENDED AGENDA FOR HEARING

SCHEDULED FOR APRIL 23, 2024 AT 9:30 A.M. 

(PREVAILING CENTRAL TIME)

The above-captioned debtors and debtors in possession (collectively, the “Debtors”) 

hereby file this amended agenda for matters set for hearing on April 23, 2024 at 9:30 a.m.

(prevailing Central Time), before the Honorable Stacey G. C. Jernigan at the United States 

Bankruptcy Court for the Northern District of Texas, at Courtroom #1, Earle Cabell Federal 

Building, 1100 Commerce Street, Dallas, Texas 75242-1496. 

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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AGENDA MATTERS

1. Debtors’ Motion for Entry of an 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 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. 13] 

Related Documents:

a. Declaration of David Apelian in Support of the Chapter 11 Petitions and First Day 

Pleadings [Docket No. 19] 

b. Notice of Emergency Hearing for April 3, 2024 Setting [Docket No. 22] 

c. Declaration of J. Scott Victor in Support of Debtors’ Motion for Entry of an 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 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 

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Assignment of Designated Contracts; and (III) Granting Related Relief

[Docket No. 24]

d. Declaration of David Apelian in Support of the Debtors’ Motion for Entry of an 

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 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. 27]

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e. Notice of Hearing for April 23, 2024 Setting [Docket No. 112]

f. Notice of Cure Amounts and Potential Assumption and Assignment of Executory 

Contracts and Unexpired Leases in Connection with Zokinvy Sale Transaction 

[Docket No. 116]

g. Notice of Filing of Revised Bid Procedures [Docket No. 119]

h. Preliminary Response to Debtors’ Motion to Sell the Zokinvy Assets and 

Reservation of Rights [Docket No. 120]

i. Objection and Reservation of Rights Regarding Debtors’ Notice of Cure Amounts 

and Potential Assumption and Assignment of Executory Contracts and Unexpired 

Leases in Connection with the Zokinvy Sale Transaction [Docket No. 123]

j. Limited Objection and Reservation of Rights Regarding Debtors’ Notice of Cure 

Amounts and Potential Assumption and Assignment of Executory Contracts and 

Unexpired Leases in Connection with the Zokinvy Sale Transaction [Docket No. 

124]

k. Notice of Selection of Winning Bid [Docket No. 129]

l. Innovatus Life Sciences Lending Fund I, L.P.’s Witness and Exhibit List for the 

April 23, 2024 Hearing [Docket No. 130]

m. Debtors’ Witness and Exhibit List [Docket No. 132]

n. Revised Notice of Selection of Winning Bid [Docket No. 133]

o. Second Revised Notice of Selection of Winning Bid [Docket No. 139]

p. Supplemental Declaration of J. Scott Victor in Support of Debtors’ Motion for the 

Sale of the Zokinvy Assets and Motion for Entry of the Final Order (I) Authorizing 

the Debtors to Use Cash Collateral; (II) Granting Adequate Protection to 

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Prepetition Term Loan Secured Parties; and (III) Modifying the Automatic Stay 

[Docket No. 141]

q. Debtors’ Omnibus Reply in Support of the Zokinvy Sale Transaction [Docket No. 

143] 

r. Notice of Proposed Amendment to Zokinvy Stalking Horse Asset Purchase 

Agreement and Proposed Form of Zokinvy Sale Order [Docket No. 148] 

s. Debtors’ Amended Witness and Exhibit List [Docket No. 149] 

Status: This matter is going forward on a contested basis. 

2. Debtors’ Emergency Motion for Entry of Interim and Final Orders (I) Authorizing the 

Debtors to Use Cash Collateral; (II) Granting Adequate Protection to Prepetition Term 

Loan Secured Parties; (III) Modifying Automatic Stay; and (IV) Scheduling a Final 

Hearing [Docket No. 16] 

Related Documents:

a. Declaration of David Apelian in Support of the Chapter 11 Petitions and First Day 

Pleadings [Docket No. 19] 

b. Declaration of Paul Rundell, Managing Director of Alvarez & Marsal North 

America, LLC, in Support of the Debtors’ Emergency Motion for Entry of Interim 

and Final Orders (I) Authorizing the Debtors to Use Cash Collateral; (II) Granting 

Adequate Protection to Prepetition Term Loan Secured Parties; (III) Modifying 

Automatic Stay; and (IV) Scheduling a Final Hearing [Docket No. 20]

c. Notice of Emergency Hearing for April 3, 2024 Setting [Docket No. 22] 

d. Preliminary Objection to Debtors’ Motion for Authorization to Use Cash 

Collateral [Docket No. 35] 

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e. Interim Order (I) Authorizing the Debtors to Use Cash Collateral; (II) Granting 

Adequate Protection to Prepetition Term Loan Secured Parties; (III) Modifying the 

Automatic Stay; and (IV) Scheduling a Final Hearing [Docket No. 93]

f. Notice of Hearing for April 23, 2024 Setting [Docket No. 112]

g. Innovatus Life Sciences Lending Fund I, L.P.’s Witness and Exhibit List for the 

April 23, 2024 Hearing [Docket No. 130]

h. Debtors’ Witness and Exhibit List [Docket No. 132]

i. Notice of Consent to Debtors’ Use of Cash Collateral [Docket No. 136]

j. Declaration of Douglas Staut, Proposed Chief Restructuring Officer of Eiger 

Biopharmaceuticals, Inc., in Support of the Debtors’ Emergency Motion for Entry 

of Interim and Final Orders (I) Authorizing the Debtors to Use Cash Collateral; 

(II) Granting Adequate Protection to Prepetition Term Loan Secured Parties; (III) 

Modifying Automatic Stay; and (IV) Scheduling a Final Hearing [Docket No. 138]

k. Supplemental Declaration of J. Scott Victor in Support of Debtors’ Motion for the 

Sale of the Zokinvy Assets and Motion for Entry of the Final Order (I) Authorizing 

the Debtors to Use Cash Collateral; (II) Granting Adequate Protection to 

Prepetition Term Loan Secured Parties; and (III) Modifying the Automatic Stay 

[Docket No. 141]

l. Debtors’ Reply in Support of Entry of the Final Order (I) Authorizing the Debtors 

to Use Cash Collateral; (II) Granting Adequate Protection to Prepetition Term 

Loan Secured Parties; and (III) Modifying the Automatic Stay [Docket No. 142]

m. Debtors’ Amended Witness and Exhibit List [Docket No. 149]

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Status: This matter is going forward on a contested basis.

[Remainder of page intentionally left blank.] 

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Dated: April 22, 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

Proposed Attorneys for the Debtors and 

Debtors in Possession

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Certificate of Service

I certify that on April 22, 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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