1 |
NAMES
OF REPORTING PERSONS
| ||||
I.R.S.
IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY)
| |||||
CNI COMMERCIAL LLC 35-2410661 | |||||
2 |
CHECK
THE APPROPRIATE BOX IF A MEMBER OF A GROUP
| (a) | o | ||
(b) | o | ||||
3 |
SEC
USE ONLY
| ||||
4 |
SOURCE
OF FUNDS
| ||||
OO | |||||
5 |
CHECK
BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEM 2(e)
or 2(f)
| o | |||
6 |
CITIZENSHIP
OR PLACE OF ORGANIZATION
| ||||
OKLAHOMA | |||||
NUMBER
OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH
| 7 |
SOLE
VOTING POWER
| |||
10,648,018 | |||||
8 |
SHARED
VOTING POWER
| ||||
0 | |||||
9 |
SOLE
DISPOSITIVE POWER
| ||||
10,648,018 | |||||
10 |
SHARED
DISPOSITIVE POWER
| ||||
0 | |||||
11 |
AGGREGATE
AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
| ||||
10,648,018 | |||||
12 |
CHECK
BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN
SHARES
| o | |||
13 |
PERCENT
OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
| ||||
10.42%
| |||||
14 |
TYPE
OF REPORTING PERSON
| ||||
OO | |||||
1 |
NAMES
OF REPORTING PERSONS
| ||||
I.R.S.
IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY)
| |||||
CHICKASAW NATION INDUSTRIES, INC. 73-1543162 | |||||
2 |
CHECK
THE APPROPRIATE BOX IF A MEMBER OF A GROUP
| (a) | o | ||
(b) | o | ||||
3 |
SEC
USE ONLY
| ||||
4 |
SOURCE
OF FUNDS
| ||||
OO | |||||
5 |
CHECK
BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEM 2(e)
or 2(f)
| o | |||
6 |
CITIZENSHIP
OR PLACE OF ORGANIZATION
| ||||
OKLAHOMA | |||||
NUMBER
OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH
| 7 |
SOLE
VOTING POWER
| |||
10,648,018 | |||||
8 |
SHARED
VOTING POWER
| ||||
0 | |||||
9 |
SOLE
DISPOSITIVE POWER
| ||||
10,648,018 | |||||
10 |
SHARED
DISPOSITIVE POWER
| ||||
0 | |||||
11 |
AGGREGATE
AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
| ||||
10,648,018 | |||||
12 |
CHECK
BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN
SHARES
| o | |||
13 |
PERCENT
OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
| ||||
10.42%
| |||||
14 |
TYPE
OF REPORTING PERSON
| ||||
CO | |||||
1 |
NAMES
OF REPORTING PERSONS
| ||||
I.R.S.
IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY)
| |||||
NIMMO DAVID | |||||
2 |
CHECK
THE APPROPRIATE BOX IF A MEMBER OF A GROUP
| (a) | o | ||
(b) | o | ||||
3 |
SEC
USE ONLY
| ||||
4 |
SOURCE
OF FUNDS
| ||||
OO | |||||
5 |
CHECK
BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEM 2(e)
or 2(f)
| o | |||
6 |
CITIZENSHIP
OR PLACE OF ORGANIZATION
| ||||
OKLAHOMA | |||||
NUMBER
OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH
| 7 |
SOLE
VOTING POWER
| |||
10,648,018 | |||||
8 |
SHARED
VOTING POWER
| ||||
0 | |||||
9 |
SOLE
DISPOSITIVE POWER
| ||||
10,648,018 | |||||
10 |
SHARED
DISPOSITIVE POWER
| ||||
0 | |||||
11 |
AGGREGATE
AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
| ||||
12 |
CHECK
BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN
SHARES
| o | |||
13 |
PERCENT
OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
| ||||
10.42%
| |||||
14 |
TYPE
OF REPORTING PERSON
| ||||
IN | |||||
Item 1. | Security and Issuer |
This Schedule 13D relates to the common stock, par value $0.001 per share (the “Common Stock”), of Ekso Bionics Holdings, Inc., a Nevada corporation (the “Issuer”) and is being filed on behalf of the Reporting Persons executing this Schedule 13D. The address of the principal executive offices of the Issuer is 1414 Harbour Way South, Suite 1201, Richmond, California 94804. |
Item 2. | Identity and Background |
(a) | (a)-(c); (f) The names of the Reporting Persons filing this report are Chickasaw Nation Industries, Inc., a federally chartered corporation (“CNI”), CNI Commercial LLC, an Oklahoma limited liability company (“CNI Commercial”), and David Nimmo, a United States citizen (“Nimmo”). The address of the Reporting Persons is 2600 John Saxon Blvd. Norman, OK 73071. Nimmo is the President and CEO of CNI, the sole member of CNI Commercial, LLC. |
(b) | See (a) above. |
(c) | See (a) above. |
(d) | None the Reporting Persons has, in the last five years, been convicted in a criminal proceeding (excluding traffic violations or similar misdemeanors). |
(e) | None of the Reporting Persons has, during the last five years, been a party to a civil proceeding of a judicial or administrative body of competent jurisdiction and as a result of such proceeding was or is subject to a judgment, decree or final order enjoining future violations of, or prohibiting or mandating activities subject to, federal or state securities laws or finding any violations with respect to such laws. |
(f) | See (a) above. |
Item 3. |
Source
and Amount of Funds or Other Consideration
|
CNI Commercial is the record holder of 10,368,373 shares of Issuer’s Common Stock and a warrant to purchase up to 279,645 shares of Issuer’s Common Stock (the “Warrant”). The Warrant is currently exercisable at price of $1.38 per share of Issuer’s Common Stock and expires on May 20, 2020. The securities to which this statement relates were acquired by CNI Commercial in connection with the January 15, 2014 reverse merger (the “Merger”), pursuant to which a wholly-owned subsidiary of Issuer merged with and into Ekso Bionics, and the Ekso Bionics securities held be CNI Commercial were converted into shares of Common Stock and a warrant to purchase shares of Common Stock of the Issuer. |
Item 4. |
Purpose
of Transaction
|
See Item 3 above. CNI Commercial acquired and continues to hold the securities to which this statement relates as a long-term investment. Prior to the consummation of the Merger, Issuer and CNI Commercial entered into that Director Nomination Agreement dated as of January 15, 2013, among Issuer, Ekso Bionics and CNI Commercial (the “Director Nomination Agreement”), pursuant to which Issuer agreed to nominate Daniel Boren, or another individual designated by CNI Commercial and reasonably acceptable to the remaining directors of the Issuer, for election as a director of the Issuer until the earlier of such time as CNI Commercial no longer holds at least 10% of the Issuer’s outstanding voting securities or the shares of Common Stock held by CNI Commercial are no longer subject to a contractual lock-up agreement with the Issuer restricting the resale of such shares of Common Stock (the “Lock-Up Agreement”). |
(a) |
(b) |
(c) |
(d) |
(e) |
(f) |
(g) |
(h) |
(i) |
(j) |
Item 5. |
Interest
in Securities of the Issuer
|
(a) | Each of the Reporting Persons is deemed to be the beneficial owner of 10,648,018 shares of Issuer’s Common Stock, which represents approximately 10.42% of the outstanding Common Stock. |
(b) | Each of the Reporting Persons possesses sole power to vote or direct the vote and to dispose or direct the disposition of all 10,648,018 shares of Issuer’s Common Stock deemed beneficially owned by the Reporting Persons |
(c) | There have been no transactions in the Common Stock of the Issuer effected during the last 60 days by the Reporting Persons. |
Transaction Date | Shares or Unites Purchased (Sold) | Price Per Share or Unit |
(d) | N/A |
(e) | N/A |
Item 6. |
Contracts,
Arrangements, Understandings or Relationships with Respect to Securities
of the Issuer
|
See Items 3 and 4. |
Item 7. |
Material
to Be Filed as Exhibits
|
1. Joint Filing Agreement filled herewith.
2. Form of Warrant incorporated by reference to exhibit 10.24 to the Issuer’s Current Report on Form 8-K filed with the SEC on January 23, 2013. 3. Director Nomination Agreement incorporated by reference to exhibit 10.23 to the Issuer’s Current Report on Form 8-K filed with the SEC on January 23, 2013. 4. Form of Lock-Up Agreement Incorporated by reference to exhibit 10.4 to the Issuer’s Current Report on Form 8-K filed with the SEC on January 23, 2013. |
CNI Commercial LLC | |||
May 11, 2015 | By: |
/s/
David Nimmo | |
President & CEO of Chickasaw Nation Industries, Inc., its sole member | |||
Chickasaw Nation Industries, Inc. | |||
May 11, 2015 | By: |
/s/
David Nimmo | |
President & CEO | |||
David Nimmo | |||
May 11, 2015 | By: |
/s/
David Nimmo | |