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UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549

 

 

SCHEDULE 13E-3

RULE 13E-3 TRANSACTION STATEMENT UNDER SECTION 13(e)

OF THE SECURITIES ACT OF 1934

(Amendment No. 4)

 

 

APTOSE BIOSCIENCES INC.

(Name of the Issuer)

 

 

Aptose Biosciences Inc.

Hanmi Science Co. Ltd.

Hanmi Pharmaceutical Co. Ltd.

HS North America Ltd.

(Names of Persons Filing Statement)

Common Shares, no par value

(Title of Class of Securities)

03835T200

(CUSIP Number of Class of Securities)

 

 

 

William G. Rice

Aptose Biosciences Inc.

66 Wellington Street West, Suite 5300

TD Bank Tower, Box 48

Toronto, Ontario M5K 1E6
Canada

Tel: (647) 479-9828

 

Han Kim

Hanmi Science Co. Ltd.

Hanmi Pharmaceutical Co. Ltd.

HS North America Ltd.

c/o Hanmi Pharmaceutical Co. Ltd.
14 Wiryeseong-daero, Songpa-gu,

Seoul, 05545, Republic of Korea

Tel: +82 2 410 0391

(Name, Address, and Telephone Number of Person Authorized to Receive Notices and Communications on Behalf of the Persons Filing Statement)

 

 

With copies to

 

David S. Bakst

Ryan H. Ferris
Mayer Brown LLP
1221 Avenue of the Americas

New York, NY 10020
Tel: (212) 506-2500

 

Keith R. Chatwin
Stikeman Elliott LLP
4200 Bankers Hall West, 888 - 3rd Street S.W., Calgary, AB T2P 5C5 Canada

Tel: (403) 266-9088

 

Dan M. Miller
Dorsey & Whitney LLP

1400 Wewatta Street

Suite 400

Denver, CO 80202-5549

Tel: (604) 630-5199

 

Charles Antoine Soulière

McCarthy Tétrault LLP

Suite 4000

500 Grande Allée E, 9th

Floor

Québec QC, G1R 2J7,

Canada

Tel: (418) 521-3028

This statement is filed in connection with (check the appropriate box):

 

  a. ☒

The filing of solicitation materials or an information statement subject to Regulation 14A, Regulation 14C or Rule 13e-3(c) under the Securities Exchange Act of 1934.

 

  b. ☐

The filing of a registration statement under the Securities Act of 1933.

 

  c. ☐

A tender offer.

 

  d. ☐

None of the above.

Check the following box if the soliciting materials or information statement referred to in checking box (a) are preliminary copies: ☐

Check the following box if the filing is a final amendment reporting the results of the transaction: ☐

Neither the Securities and Exchange Commission nor any state securities commission has approved or disapproved of this transaction, passed upon the merits or fairness of this transaction, or passed upon the adequacy or accuracy of the disclosure in this transaction statement on Schedule 13E-3. Any representation to the contrary is a criminal offense.

 

 
 


INTRODUCTION

This Amendment No. 4 (the “Amendment”) to the Transaction Statement on Schedule 13E-3 (as amended, this “Transaction Statement”) is being filed with the Securities and Exchange Commission (the “SEC”) pursuant to Section 13(e) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), jointly by the following persons (each, a “Filing Person,” and collectively, the “Filing Persons”): (1) Aptose Biosciences Inc., a corporation existing under the laws of Canada under the Canada Business Corporations Act (the “CBCA,” and, such entity, “Aptose” or the “Company”) and the issuer of the common shares, no par value (the “Company common shares”) that is the subject of the Rule 13e-3 transaction; (2) Hanmi Pharmaceutical Co. Ltd., a corporation existing under the laws of the Republic of Korea (the “Parent”); and (3) HS North America Ltd., a corporation incorporated under the Business Corporations Act (Alberta) (“ABCA”) and the wholly owned subsidiary of Parent (such entity, the “Purchaser”).

This Amendment is being filed pursuant to Rule 13e-3(d)(2) to report a material change to the transaction that is the subject of this Transaction Statement.

All information set forth in this Amendment should be read in conjunction with the information contained or incorporated by reference in the Transaction Statement, as amended to date.

All information concerning the Company contained in, or incorporated by reference into, this Transaction Statement was supplied by the Company. Similarly, all information concerning each other filing person contained in, or incorporated by reference into, this Transaction Statement was supplied by such filing person.

 

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SCHEDULE 13E-3 ITEMS

 

Item 15.

Additional Information

Regulation M-A Item 1011

The information set forth in response to Item 1011(c) of Regulation M-A is hereby amended and supplemented as follows:

On March 31, 2026, at a special meeting of the Company’s shareholders, the Company’s shareholders voted to approve (i) a special resolution to approve a continuance of the Company from the CBCA to the ABCA and (ii) a proposal to approve the Arrangement Agreement, dated as of November 18, 2025 as amended and restated by the parties on February 23, 2026, among the Company, Parent and the Purchaser (the “Arrangement Agreement”) and the consummation of the statutory plan of arrangement under the ABCA pursuant to which the Purchaser would acquire all of the issued and outstanding common shares of the Company not already owned by the Purchaser (the “Arrangement”).

On March 31, 2026, the Court of King’s Bench of Alberta approved the Arrangement.

In addition, on March 31, 2026, the Company issued a press release announcing its 2025 results of operations, the results of the shareholders meeting related to the Arrangement and the receipt of the final court approval of the Arrangement and such press release is filed as Exhibit (a)(2)(xvii).

 

Item 16.

Exhibits

The following exhibits are filed herewith:

 

(a)(2)(i)

Definitive Proxy Statement of the Company, Inc. (the “Proxy Statement”) (included in the Schedule 14A filed on February 24, 2026 and incorporated herein by reference).

 

(a)(2)(ii)

Form of Proxy Card (included in the Proxy Statement and incorporated herein by reference).

 

(a)(2)(iii)

Letter to Stockholders (included in the Proxy Statement and incorporated herein by reference).

 

(a)(2)(iv)

Notice of Special Meeting of Stockholders (included in the Proxy Statement and incorporated herein by reference).

 

(a)(2)(v)*

Current Report on Form 8-K, dated November 19, 2025 (filed with the SEC on November 19, 2025 and incorporated herein by reference).

 

(a)(2)(vi)*

Press release dated November 19, 2025 (included as Exhibit 99.1 to the Company’s Current Report on Form 8-K dated November 19, 2025 and incorporated herein by reference).

 

(a)(2)(vii)*

Current Report on Form 8-K dated November 24, 2025 (filed with the SEC on November 25, 2025 and incorporated herein by reference)

 

(a)(2)(viii)*

Current Report on Form 8-K dated December 19, 2025 (filed with the SEC on December 19, 2025 and incorporated herein by reference)

 

(a)(2)(ix)*

Press release dated December 19, 2025 (included as Exhibit 99.1 to the Company’s Current Report on Form 8-K dated December 19, 2025 and incorporated herein by reference).

 

(a)(2)(x)

Current Report on Form 8-K dated February 23, 2026 (filed with the SEC on February 24, 2026 and incorporated herein by reference).

 

(a)(2)(xi)

Press Release dated February 23, 2026 (included as Exhibit 99.1 to the Company’s Current Report on Form 8-K dated February 23, 2026 and incorporated herein by reference).

 

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(a)(2)(xii)

Current Report on Form 8-K dated March 19, 2026 (filed with the SEC on March 19, 2026 and incorporated herein by reference).

 

(a)(2)(xiii)

Press Release dated March 19, 2026 (included as Exhibit 99.1 to the Company’s Current Report on Form 8-K dated March 19, 2026 and incorporated herein by reference).

 

(a)(2)(xiv)

Current Report on Form 8-K dated March 23, 2026 (filed with the SEC on March 23, 2026 and incorporated herein by reference).

 

(a)(2)(xv)

Press Release dated March 23, 2026 (included as Exhibit 99.1 to the Company’s Current Report on Form 8-K dated March 19, 2026 and incorporated herein by reference).

 

(a)(2)(xvi)

Current Report on Form 8-K dated March 31, 2026 (filed with the SEC on March 31, 2026 and incorporated herein by reference).

 

(a)(2)(xvii)

Press release dated March 31, 2026 (included as Exhibit 99.1 to the Company’s Current Report on Form 8-K dated March 31, 2026 and incorporated herein by reference).

 

(c)(i)*

Formal Valuation and Opinion of Locust Walk Securities, LLC (included as Appendix E to the Proxy Statement and incorporated herein by reference).

 

(c)(ii)*

Prior Valuation (included as Appendix F to the Proxy Statement and incorporated herein by reference).

 

(d)(i)*

Arrangement Agreement (included as Appendix B to the Proxy Statement and incorporated herein by reference).

 

(d)(ii)*

Form of Support and Voting Agreement (included as Schedule E to Appendix B to the Proxy Statement and incorporated herein by reference).

 

(d)(iii)*

Second Amended and Restated and Restated Investor Rights Agreement, dated March 18, 2025, by and between the Company and Parent.

 

(f)(i)*

Dissent Provisions of the CBCA (included as Appendix I to the Proxy Statement and incorporated herein by reference).

 

(f)(ii)*

Dissent Provisions of the ABCA (included as Appendix J to the Proxy Statement and incorporated herein by reference).

 

107*

Filing Fee Table.

 

*

Previously filed.

 

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SIGNATURES

After due inquiry and to the best of the undersigned’s knowledge and belief, the undersigned certifies that the information set forth in this statement is true, complete and correct.

Dated: April 1, 2026

 

APTOSE BIOSCIENCES INC.

By:   /s/ William G. Rice

 

 

Name: William G. Rice

 

 

Title: Chairman, President and Chief Executive Officer

After due inquiry and to the best of the undersigned’s knowledge and belief, the undersigned certifies that the information set forth in this statement is true, complete and correct.

Dated: April 1, 2026

 

HANMI SCIENCE CO. LTD.

By:

 

/s/ Jaekyo Kim

 

 

Name: Jaekyo Kim

 

 

Title:  Chief Executive Officer

 

HANMI PHARMACEUTICAL CO. LTD.

By:

 

/s/ Sang-yeon Hwang

 

 

Name: Sang-yeon Hwang

 

 

Title:  Chief Executive Officer

 

HS NORTH AMERICA LTD.

By:

 

/s/ Seonghoon Kim

 

 

Name: Seonghoon Kim

 

 

Title:  Chief Executive Officer

 

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