IMV Accepts an Offer from its Secured Lenders for the Sale of its Intellectual Property Assets
September 01 2023 - 4:00PM
Business Wire
IMV Inc. (the “Company” or “IMV”) announces today
that it has accepted an offer (the “Offer”) from IMV’s
largest secured creditors (the “Secured Lenders”), pursuant
to which IMV and its subsidiary, Immunovaccine Technologies Inc.
have agreed to sell to the Secured Lenders its intellectual
property assets (the “Transaction”) in consideration for a
partial reduction of debt owing to the Secured Lenders.
The Transaction is the result of the sale and investment
solicitation process (the “SISP”) conducted under the
Company’s previously announced proceedings commenced before the
Supreme Court of Nova Scotia (the “Court”) under the
Companies’ Creditors Arrangement Act (Canada) (the “CCAA
Proceedings”).
The SISP Procedures provided that if no bid was received in the
SISP that contemplated a purchase price sufficient to repay, in
cash, all outstanding amounts owed to the Secured Lenders, they
would be authorized to submit a credit bid under the SISP. As no
cash bids in amounts sufficient to satisfy the Secured Lenders were
received during the SISP, the Secured Lenders availed themselves of
this right and the Transaction is structured as a credit bid.
After a thorough review, with its financial and legal advisors,
of available qualified bids received as part of the SISP and after
the withdrawal of other indications of interest, as well as a
careful consideration of the interest of all of its stakeholders,
the Corporation’s Board of Directors determined, following the
recommendation of IMV’s advisors and the support of FTI Consulting
Canada Inc. in its capacity as Court-appointed Monitor (the
“Monitor”), that accepting the Offer was the best
alternative for the Company.
Next steps in the restructuring and effect of the sale
proposal on the creditors and the shareholders
The Transaction remains subject to Court approval in accordance
with the provisions of the CCAA and recognition of such Court
approval in the Company’s Chapter 15 proceedings in the United
States. Additionally, the Transation is conditional on the
satisfaction of customary closing conditions. IMV will seek the
approval of the Offer and the Transaction contemplated thereby on
September 5, 2023. If the Court approves the Offer and the
Transaction, IMV and the Secured Lenders expect to close the
Transaction on or around September 20, 2023.
IMV will continue its efforts to identify one or more
purchaser(s) for its remaining assets in the coming weeks.
Unfortunately, based on the terms of the Offer and the
consideration to be received by the Company as well as the
estimated liquidation value of IMV’s remaining assets, it is
unlikely that any amount will be available for distribution to the
Company’s unsecured creditors and the holders of the Company’s
common shares will not receive any payments for, or distributions
on, their common shares in connection with the CCAA
Proceedings.
More information regarding IMV’s situation, decisions or actions
will continue to be provided on an ongoing basis, as required by
applicable law or as may be determined by the Company or the Court.
For more information regarding the CCAA Proceedings, we refer you
to the Monitor’s website at
http://cfcanada.fticonsulting.com/imv/.
IMV Forward-Looking Statements
This press release contains forward-looking information under
applicable securities law. All information that addresses
activities or developments that we expect to occur in the future is
forward-looking information. Forward-looking statements use such
word as “will”, “may”, “potential”, “believe”, “expect”,
“continue”, “anticipate” and other similar terminology.
Forward-looking statements are based on the estimates and opinions
of management on the date the statements are made. In the press
release, such forward-looking statements include, but are not
limited to, statements relating to: (i) the closing of the
Transaction, (ii) timing for closing of the Transaction and (iii)
Court approval of the Transaction. However, they should not be
regarded as a representation that any of the plans will be
achieved. Actual results may differ materially from those set forth
in this press release due to risks affecting the Company, including
the outcome of the CCAA proceedings. IMV assumes no responsibility
to update forward-looking statements in this press release except
as required by law. These forward-looking statements involve known
and unknown risks and uncertainties, and those risks and
uncertainties include, but are not limited to, the ability to
access capital, the successful and, generally, the timely
completion of clinical trials and studies and the receipt of all
regulatory approvals as well as other risks detailed from time to
time in our ongoing quarterly filings and annual information form.
Investors are cautioned not to rely on these forward-looking
statements and are encouraged to read IMV’s continuous disclosure
documents, including its current annual information form, as well
as its audited annual consolidated financial statements which are
available on SEDAR at http://www.sedar.com and on EDGAR at
http://www.sec.gov/edgar.
View source
version on businesswire.com: https://www.businesswire.com/news/home/20230901498366/en/
Investor Relations & Media Brittany Davison Chief
Accounting Officer IMV Inc. O: +1 902.492.1819 ext. 1012
bdavison@imv-inc.com
IMV (NASDAQ:IMV)
Historical Stock Chart
From Oct 2024 to Nov 2024
IMV (NASDAQ:IMV)
Historical Stock Chart
From Nov 2023 to Nov 2024