Form SC 13G/A - Statement of acquisition of beneficial ownership by individuals: [Amend]
18 Ottobre 2023 - 10:17PM
Edgar (US Regulatory)
UNITED
STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
SCHEDULE
13G
UNDER
THE SECURITIES EXCHANGE ACT OF 1934
(Amendment
No. 3)*
Evolus,
Inc.
(Name
of Issuer)
Common
stock, par value $0.00001 per share
(Title
of Class of Securities)
30052C107
(CUSIP
Number)
October
16, 2023
(Date
of Event Which Requires Filing of this Statement)
Check
the appropriate box to designate the rule pursuant to which this Schedule is filed:
☐
Rule 13d-1(b)
☒
Rule 13d-1(c)
☐
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 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).
CUSIP No. 30052C107 |
Schedule 13G |
Page 2
of 5 |
1 |
NAME
OF REPORTING PERSON
I.R.S.
IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY)
Medytox
Inc. |
2 |
CHECK
THE APPROPRIATE BOX IF A MEMBER OF A GROUP
(a)
☐
(b) ☐ |
3 |
SEC USE ONLY
13g |
4 |
CITIZENSHIP
OR PLACE OF ORGANIZATION
Republic of Korea |
NUMBER
OF
SHARES
BENEFICIALLY
OWNED
BY
EACH
REPORTING
PERSON
WITH:
|
5 |
SOLE
VOTING POWER
3,381,326 |
6 |
SHARED
VOTING POWER
0 |
7 |
SOLE
DISPOSITIVE POWER
3,381,326 |
8 |
SHARED
DISPOSITIVE POWER
0 |
9 |
AGGREGATE
AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
3,381,326 |
10 |
CHECK
BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES ☐ |
11 |
PERCENT
OF CLASS REPRESENTED BY AMOUNT IN ROW (9)
5.9% (1) |
12 |
TYPE
OF REPORTING PERSON
CO |
|
|
|
|
(1)
|
Based
on a total of 56,971,563 shares of Common Stock outstanding as of July 28, 2023, as reported in the Issuer’s Quarterly Report
Form 10-Q filed on August 2, 2023. |
CUSIP No. 30052C107 |
Schedule 13G |
Page 3
of 5 |
Item
1(a). |
Name
of Issuer: |
|
Evolus,
Inc., a Delaware corporation (the “Issuer”) |
Item
1(b). |
Address
of Issuer’s Principal Executive Offices: |
|
520
Newport Center Drive, Suite 1200 |
|
Newport
Beach, CA 92660 |
Item
2(a). |
Name
of Person Filing: |
|
Medytox
Inc. |
Items
2(b). |
Address
of Principal Business Office or, if none, Residence: |
|
Medytox
Inc. |
|
78
Gangni 1-gil Ochang-eup |
|
Cheongwon-gu
Cheongju-si |
|
Chungcheongbuk-do
28126 |
|
Republic
of Korea |
Items
2(c). |
Citizenship: |
|
Medytox
Inc. is a company organized under the laws of the Republic of Korea. |
Item
2(d). |
Title
of Class of Securities: |
|
Common
stock, par value $0.00001 per share |
Item
2(e). |
CUSIP
NUMBER:
30052C107
|
Item
3. |
If
This Statement is Filed Pursuant to Rule 13d-1(b), or 13d-2(b) or (c), Check Whether the Person Filing is a: |
|
Not
Applicable. |
|
(a) |
Amount
beneficially owned:
Medytox
Inc. - 3,381,326
|
|
(b) |
Percent
of Class:
5.9%
|
|
(c) |
Number
of shares as to which such person has: |
|
(i) |
Sole
power to vote or to direct the vote:
3,381,326
|
|
(ii) |
Shared
power to vote or to direct the vote:
0
|
|
(iii) |
Sole
power to dispose or to direct the disposition of:
3,381,326
|
|
(iv) |
Shared
power to dispose or to direct the disposition of:
0
|
Item
5. |
Ownership
of 5 Percent or Less of a Class. |
|
Not
applicable. |
CUSIP No. 30052C107 |
Schedule 13G |
Page 4
of 5 |
Item
6. |
Ownership
of More than 5 Percent on Behalf of Another Person. |
|
Not
applicable. |
Item
7. |
Identification
and Classification of the Subsidiary Which Acquired the Security Being Reported on by the Parent Holding Company or Control Person. |
|
Not
applicable |
Item
8. |
Identification
and Classification of Members of the Group. |
|
Not
applicable. |
Item
9. |
Notice
of Dissolution of Group. |
|
Not
applicable. |
Item
10. |
Certification. |
|
By
signing below I certify that, to the best of my knowledge and belief, the securities referred to above were not acquired and are not
held for the purpose of or with the effect of changing or influencing the control of the issuer of the securities and were not acquired
and not held in connection with or as a participant in any transaction having that purpose or effect, other than in connection with a
nomination under §240.14a-11. |
CUSIP No. 30052C107 |
Schedule 13G |
Page 5
of 5 |
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.
Dated:
October 18, 2023
|
MEDYTOX
INC. |
|
|
|
|
|
By: |
/s/
Hyunho Jung |
|
|
Name:
|
Hyunho
Jung |
|
|
Title:
|
Chief
Executive Officer |
|
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