View:
Download DOC
Download PDF
Download XLS
SEC FORM 3 SEC Form 3
FORM 3 UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

INITIAL STATEMENT OF BENEFICIAL OWNERSHIP OF SECURITIES

Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934
or Section 30(h) of the Investment Company Act of 1940 		 
OMB APPROVAL
OMB Number: 3235-0104
Estimated average burden
hours per response: 0.5
1. Name and Address of Reporting Person*
Muir Kevin
(Last) (First) (Middle)
C/O DELCATH SYSTEMS, INC.,
1633 BROADWAY, SUITE 22C
(Street)
NEW YORK NY 10019
(City) (State) (Zip)
2. Date of Event Requiring Statement (Month/Day/Year)
05/04/2022 		3. Issuer Name and Ticker or Trading Symbol
DELCATH SYSTEMS, INC. [ DCTH ]
4. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
Director 10% Owner
X Officer (give title below) Other (specify below)
See Remarks
 5. If Amendment, Date of Original Filed (Month/Day/Year)
6. Individual or Joint/Group Filing (Check Applicable Line)
X Form filed by One Reporting Person
Form filed by More than One Reporting Person
Table I - Non-Derivative Securities Beneficially Owned
1. Title of Security (Instr. 4) 2. Amount of Securities Beneficially Owned (Instr. 4) 3. Ownership Form: Direct (D) or Indirect (I) (Instr. 5) 4. Nature of Indirect Beneficial Ownership (Instr. 5)
Table II - Derivative Securities Beneficially Owned
(e.g., puts, calls, warrants, options, convertible securities)
1. Title of Derivative Security (Instr. 4) 2. Date Exercisable and Expiration Date (Month/Day/Year) 3. Title and Amount of Securities Underlying Derivative Security (Instr. 4) 4. Conversion or Exercise Price of Derivative Security 5. Ownership Form: Direct (D) or Indirect (I) (Instr. 5) 6. Nature of Indirect Beneficial Ownership (Instr. 5)
Date Exercisable Expiration Date Title Amount or Number of Shares
Stock Option (Right to Buy) (1) 12/07/2030 Common Stock 30,000 15.32 D
Stock Option (Right to Buy) (2) 08/05/2031 Common Stock 40,000 10.16 D
Stock Option (Right to Buy) (3) 02/08/2032 Common Stock 38,499 7.14 D
Explanation of Responses:
1. The option vests and becomes exercisable as follows: 10,000 shares on December 1, 2021, and the remaining 20,000 shares vest and become exercisable in 24 equal monthly installments starting on January 1, 2022 and monthly thereafter, for so long as the reporting person remains an employee of the issuer (and subject to the terms and conditions of the Delcath Systems, Inc. 2020 Omnibus Equity Incentive Plan).
2. The option immediately vested with respect to four-thirty-sixths (4/36ths) of the option shares and the remaining option shares will vest and become exercisable at the rate of one-thirty-sixth (1/36th) per month on the first day of each month for the next thirty-two months, starting on September 1, 2021, for so long as the reporting person remains an employee of the issuer (and subject to the terms and conditions of the Delcath Systems, Inc. 2020 Omnibus Equity Incentive Plan).
3. The option shares will vest and become exercisable in equal monthly installments over the 36-month period beginning on the grant date (1/36th will vest on the first day of each month during said 36-month period, with the first vesting date being March 1, 2022) for so long as the reporting person remains an employee of the issuer (and subject to the terms and conditions of the Delcath Systems, Inc. 2020 Omnibus Equity Incentive Plan).
Remarks:
Vice President Commercial Operations Exhibit List: Exhibit 24 - Power of Attorney
KEVIN MUIR 05/16/2022
** Signature of Reporting Person Date
Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly.
* If the form is filed by more than one reporting person, see Instruction 5 (b)(v).
** Intentional misstatements or omissions of facts constitute Federal Criminal Violations See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a).
Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure.
Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB Number.
                        LIMITED POWER OF ATTORNEY FOR
                        SECTION 16 REPORTING OBLIGATIONS

     Know all by these presents, that the undersigned hereby constitutes and
appoints each of Gerard Michel, John Purpura and David Hoffman, acting alone and
with full power of substitution, the undersigned's true and lawful attorney-in-
fact to:

     (1)   prepare, execute in the undersigned's name and on the undersigned's
           behalf, and submit to the U.S. Securities and Exchange Commission
           (the "SEC") a Form ID, including amendments thereto, and any other
           documents necessary or appropriate to obtain codes and passwords
           enabling the undersigned to make electronic filings with the SEC of
           reports required by Section 16(a) of the Securities Exchange Act of
           1934 or any rule or regulation of the SEC;

     (2)   execute for and on behalf of the undersigned, in the undersigned's
           capacity as an officer of Delcath Systems, Inc. (the "Company"),
           Forms 3, 4, and 5 in accordance with Section 16(a) of the Securities
           Exchange Act of 1934 and the rules thereunder, and any other forms or
           reports the undersigned may be required to file in connection with
           the undersigned's ownership, acquisition, or disposition of
           securities of the Company;

     (3)   do and perform any and all acts for and on behalf of the undersigned
           which may be necessary or desirable to complete and execute any such
           Form 3, 4, or 5, or other form or report, and timely file such form
           or report with the SEC and any stock exchange or similar authority;
           and

     (4)   take any other action of any type whatsoever in connection with the
           foregoing which, in the opinion of such attorney-in-fact, may be of
           benefit to, in the best interest of, or legally required by, the
           undersigned, it being understood that the documents executed by such
           attorney-in-fact on behalf of the undersigned pursuant to this Power
           of Attorney shall be in such form and shall contain such terms and
           conditions as such attorney-in- fact may approve in such attorney-in-
           fact's discretion.

     The undersigned hereby grants to each such attorney-in-fact full power and
authority to do and perform any and every act and thing whatsoever requisite,
necessary, or proper to be done in the exercise of any of the rights and powers
herein granted, as fully to all intents and purposes as the undersigned might or
could do if personally present, with full power of substitution or revocation,
hereby ratifying and confirming all that such attorney-in-fact, or such
attorney-in-fact's substitute or substitutes, shall lawfully do or cause to be
done by virtue of this power of attorney and the rights and powers herein
granted. The undersigned acknowledges that the foregoing attorneys-in-fact, in
serving in such capacity at the request of the undersigned, are not assuming,
nor is the Company assuming, any of the undersigned's responsibilities to comply
with Section 16 of the Securities Exchange Act of 1934.

     This Power of Attorney shall remain in full force and effect until the
undersigned is no longer required to file Forms 3, 4, and 5 with respect to the
undersigned's holdings of and transactions in securities issued by the Company,
unless earlier revoked by the undersigned in a signed writing delivered to the
foregoing attorneys-in-fact.


     IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be
executed as of May 16, 2022.

                                                     /s/ Kevin Muir
                                                     -----------------------
                                                     Kevin Muir