Amended Statement of Ownership (sc 13g/a)
10 May 2023 - 06:24AM
Edgar (US Regulatory)
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
SCHEDULE 13G
Under the Securities Exchange Act of 1934
(AMENDMENT NO. 1)
EVOLUS,
INC.
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(Name of Issuer)
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COMMON
STOCK, PAR VALUE $0.00001 PER SHARE
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(Title of Class of
Securities)
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MAY 8,
2023
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(Date of event which requires
filing of this statement)
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Check the appropriate box to designate the rule pursuant
to which this Schedule is filed:
o Rule 13d-1(b)
þ 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).
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CUSIP No.
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30052C107
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SCHEDULE 13G
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Page |
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2
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of |
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10
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1 |
NAMES OF REPORTING PERSONS
Millennium Management LLC
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2 |
CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP
(a) o
(b)
o
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3 |
SEC
USE ONLY
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4 |
CITIZENSHIP OR PLACE OF ORGANIZATION
Delaware
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NUMBER
OF
SHARES
BENEFICIALLY
OWNED
BY
EACH
REPORTING
PERSON
WITH
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5 |
SOLE
VOTING POWER
-0-
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6 |
SHARED VOTING POWER
2,599,711
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7 |
SOLE
DISPOSITIVE POWER
-0-
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8 |
SHARED DISPOSITIVE POWER
2,599,711
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9 |
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING
PERSON
2,599,711
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10 |
CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES
CERTAIN SHARES
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11 |
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9)
4.6%
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12 |
TYPE OF
REPORTING PERSON
OO |
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CUSIP No.
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30052C107
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SCHEDULE 13G
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Page |
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3
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of |
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10
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1 |
NAMES OF REPORTING PERSONS
Millennium Group Management LLC
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2 |
CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP
(a) o
(b)
o
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3 |
SEC
USE ONLY
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4 |
CITIZENSHIP OR PLACE OF ORGANIZATION
Delaware
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NUMBER
OF
SHARES
BENEFICIALLY
OWNED
BY
EACH
REPORTING
PERSON
WITH
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5 |
SOLE
VOTING POWER
-0-
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6 |
SHARED VOTING POWER
2,599,711
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7 |
SOLE
DISPOSITIVE POWER
-0-
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8 |
SHARED DISPOSITIVE POWER
2,599,711
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9 |
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING
PERSON
2,599,711
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10 |
CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES
CERTAIN SHARES
o |
11 |
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9)
4.6%
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12 |
TYPE OF
REPORTING PERSON
OO |
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CUSIP No.
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30052C107
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SCHEDULE 13G
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Page |
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4
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of |
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10
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1 |
NAMES OF REPORTING PERSONS
Israel A. Englander
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2 |
CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP
(a) o
(b)
o
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3 |
SEC
USE ONLY
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4 |
CITIZENSHIP OR PLACE OF ORGANIZATION
United States
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NUMBER
OF
SHARES
BENEFICIALLY
OWNED
BY
EACH
REPORTING
PERSON
WITH
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5 |
SOLE
VOTING POWER
-0-
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6 |
SHARED VOTING POWER
2,599,711
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7 |
SOLE
DISPOSITIVE POWER
-0-
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8 |
SHARED DISPOSITIVE POWER
2,599,711
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9 |
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING
PERSON
2,599,711
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10 |
CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES
CERTAIN SHARES
o
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11 |
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9)
4.6%
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12 |
TYPE
OF REPORTING PERSON
IN
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CUSIP No.
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30052C107
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SCHEDULE
13G
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Page |
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5
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of |
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10
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Item 1. |
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(a) |
Name of
Issuer: |
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Evolus, Inc. |
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(b) |
Address of Issuer’s
Principal Executive Offices: |
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520 Newport Center Drive, Suite 1200
Newport Beach, California 92660
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Item 2.
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(a) |
Name of Person
Filing: |
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(b) |
Address of
Principal Business Office: |
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(c) |
Citizenship: |
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Millennium Management
LLC
399 Park Avenue
New York, New York 10022
Citizenship: Delaware |
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Millennium Group
Management LLC
399 Park Avenue
New York, New York 10022
Citizenship: Delaware |
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Israel A.
Englander
c/o Millennium Management LLC
399 Park Avenue
New York, New York 10022
Citizenship: United States |
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(d) |
Title of Class of
Securities: |
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common
stock, par value $0.00001 per share ("Common Stock") |
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(e) |
CUSIP
Number: |
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30052C107 |
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Item 3. If this statement is filed
pursuant to Rule 13d-1(b), or 13d-2(b), check whether the person
filing is a:
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(a) |
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Broker or
dealer registered under section 15 of the Act (15 U.S.C.
78o); |
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(b) |
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Bank as
defined in section 3(a)(6) of the Act (15 U.S.C. 78c); |
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(c) |
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Insurance
company as defined in section 3(a)(19) of the Act (15 U.S.C.
78c); |
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(d) |
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Investment
company registered under section 8 of the Investment Company Act of
1940 (15 U.S.C. 80a-8); |
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(e) |
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An
investment adviser in accordance with
§240.13d-1(b)(1)(ii)(E); |
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(f) |
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An
employee benefit plan or endowment fund in accordance with
§240.13d-1(b)(1)(ii)(F); |
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CUSIP No.
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30052C107
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SCHEDULE
13G
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Page |
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6
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of |
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10
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(g) |
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A parent
holding company or control person in accordance with
§240.13d-1(b)(1)(ii)(G); |
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(h) |
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A savings
association as defined in Section 3(b) of the Federal Deposit
Insurance Act (12 U.S.C. 1813); |
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(i) |
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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 (15
U.S.C. 80a-3); |
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(j) |
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Group, in
accordance with §240.13d-1(b)(1)(ii)(J). |
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:
See response to Item 9 on each cover
page.
(b) Percent of Class:
See response to Item 11 on each cover
page.
(c) Number of shares as to which such person
has:
(i) Sole power to vote or to direct the vote
See response to Item 5 on each cover
page.
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CUSIP No.
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30052C107
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SCHEDULE
13G
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Page |
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(ii) Shared power to vote or to direct the
vote
See response to Item 6 on each cover
page.
(iii) Sole power to dispose or to direct the disposition
of
See response to Item 7 on each cover
page.
(iv) Shared power to dispose or to direct the disposition
of
See response to Item 8 on each cover
page.
The securities disclosed herein as
potentially beneficially owned by Millennium Management LLC,
Millennium Group Management LLC and Mr. Englander are held by
entities subject to voting control and investment discretion by
Millennium Management LLC and/or other investment managers that may
be controlled by Millennium Group Management LLC (the managing
member of Millennium Management LLC) and Mr. Englander (the sole
voting trustee of the managing member of Millennium Group
Management LLC). The foregoing should not be construed in and of
itself as an admission by Millennium Management LLC, Millennium
Group Management LLC or Mr. Englander as to beneficial ownership of
the securities held by such entities.
Item 5. Ownership of Five Percent or Less of a
Class
If this statement is being filed to
report the fact that as of the date hereof the reporting person has
ceased to be the beneficial owner of more than five percent of the
class of securities, check the following þ.
Item 6. Ownership of More than Five 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.
Not
applicable.
Item 8. Identification and Classification of Members of
the Group
See Exhibit I.
Item 9. Notice of Dissolution of
Group
Not
applicable.
Item 10.
Certification
By signing below each of the undersigned
certifies that, to the best of its 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
are not held in connection with or as a participant in any
transaction having that purpose or effect.
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CUSIP No.
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30052C107
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SCHEDULE 13G
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Page |
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Exhibits:
Exhibit I: Joint
Filing Agreement, dated as of May 8, 2023, by and among Millennium
Management LLC, Millennium Group Management LLC and Israel A.
Englander.
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CUSIP No.
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30052C107
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SCHEDULE 13G
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Page |
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of |
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SIGNATURE
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After reasonable inquiry and to the best of its knowledge
and belief, each of the undersigned certifies that the information
with respect to it set forth in this statement is true, complete,
and correct.
Dated: May 8, 2023
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MILLENNIUM MANAGEMENT
LLC
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By: /s/Gil Raviv
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Name: Gil Raviv
Title: Global General Counsel
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MILLENNIUM GROUP MANAGEMENT
LLC
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By: /s/Gil Raviv
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Name: Gil Raviv
Title: Global General Counsel
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/s/ Israel A. Englander
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Israel A. Englander
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CUSIP No.
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30052C107
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SCHEDULE 13G
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Page |
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10
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of |
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EXHIBIT I |
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JOINT FILING AGREEMENT |
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This will confirm the agreement by and among the
undersigned that the Schedule 13G filed with the Securities and
Exchange Commission on or about the date hereof with respect to the
beneficial ownership by the undersigned of the Common Stock, par
value $0.00001 per share, of Evolus, Inc. will be filed on behalf
of each of the persons and entities named below in accordance with
Rule 13d-1(k) under the Securities Exchange Act of 1934, as
amended. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of
which together shall constitute one and the same instrument.
Dated: May 8, 2023
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MILLENNIUM MANAGEMENT
LLC
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By: /s/Gil Raviv
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Name: Gil Raviv
Title: Global General Counsel
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MILLENNIUM GROUP MANAGEMENT
LLC
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By: /s/Gil Raviv
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Name: Gil Raviv
Title: Global General Counsel
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/s/ Israel A. Englander
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Israel A. Englander
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