So the closing price was based on a $4.91 share price minus a tangible book value based upon the last quarter filed and a deduction for top price this year, for a total reduction of .94 per share for $3.97, they rounded it to $4 per share.
So they aren't making out from anyone else and good point insiders paid more per share on the open market so everyone is in fact eating the costs of funding future trials.