Organigram Holdings Inc. (NASDAQ: OGI) (TSX: OGI), (the
“Company” or “Organigram”), a leading licensed
producer of cannabis, announced today that on August 30, 2024, the
Company closed the second of three tranches (the “Second
Tranche”) of the previously announced C$124,559,674 follow-on
strategic equity investment (the “Investment”) by BT DE
Investments Inc. (the “Investor”), a wholly owned subsidiary
of British American Tobacco plc (“BAT”). Pursuant to the
Second Tranche closing, the Investor acquired 4,429,740 common
shares (the “Common Shares”) and 8,463,435 Class A preferred
shares (the “Preferred Shares” and together with the Common
Shares, the “Shares”) of the Company at a price of C$3.2203
per share (the “Per Share Price”) for gross proceeds of
USD$30,821,684.69 (equal to C$41,519,891)1. The remaining
12,893,175 Shares subscribed for are due to be issued at the Per
Share Price in the final tranche on or around February 28, 2025
(the “Third Tranche”).
“With two tranches of the Jupiter pool now funded, combined with
our strong balance sheet and targeted investment strategy,
Organigram is well on its way to executing on its ambitious growth
plan focusing on international, technological and product
expansion,” said Paolo De Luca, Chief Strategy Officer of
Organigram. “Our inaugural Jupiter investment in Open Book Extracts
marked our second investment in the U.S. market, and our first
international investment in Sanity Group represents a significant
first step in our ambitions to grow our footprint in the
fast-growing German market,” he concluded.
Update on the “Jupiter” Strategic Investment Pool
As previously announced, most of the Investment is being used by
Organigram to fund a strategic investment pool, named “Jupiter”
(the “Jupiter Pool”). The Jupiter Pool was designed to
accelerate Organigram’s international growth ambitions and targets
investments both overseas and in the United States, with rigorous
legal compliance processes. Following the closing of the first
tranche on January 23, 2024 (the “First Tranche Closing”),
the Company has already made two important investments from the
Jupiter Pool.
The first investment of USD $2 million was made in Open Book
Extracts (“OBX”), a North Carolina-based company that is a leading
ingredient provider, product formulator and manufacturer of hemp
derived extracts and products. OBX has a scalable platform,
differentiated products, formulation expertise, tremendous access
to the U.S. market and a leadership position in the fast-growing
hemp derivatives category.
The second investment of €14 million (~ C$21 million), was made
in Sanity Group GmbH (“Sanity”), a market leader in the
fast-growing German medical market. This investment marks
Organigram’s first strategic investment aimed at expanding its
presence in Europe. Sanity has quickly established itself as a
leader in the German cannabis market where it maintains a robust
distribution network with over 2,000 pharmacies working with
approximately 5,000 physicians in Germany. Sanity currently holds
an estimated market share position of over 10% in Germany and has
experienced an over 100% run rate revenue growth from the pre-April
1st period to the date hereof. Sanity is also participating in a
Swiss recreational cannabis pilot program in the Canton of
Basel-Landschaft, with two stores operational and a plan to expand
its retail footprint in Switzerland. Later this summer, Sanity is
expected to invest in proprietary distribution channels providing
it with what it believes will be a competitive advantage that
capitalizes on new medical consumers entering the market.
Early Warning Disclosure
Immediately following the closing of the Second Tranche, the
Investor beneficially owned 32,571,942 Common Shares and 8,463,435
Preferred Shares, representing 30% of the issued and outstanding
Common Shares and 100% of the Preferred Shares, in each case on a
non-diluted basis.
As previously announced, the Investment is being undertaken in
three (3) tranches, each subject to the satisfaction of certain
conditions. Under the First Tranche Closing, 12,893,175 Common
Shares were issued to the Investor at the Per Share Price. If the
Third Tranche were completed on the date hereof, the Investor would
beneficially own 32,571,942 Common Shares and 21,356,610 Preferred
Shares, which would represent 30% of the issued and outstanding
Common Shares and 100% of the issued and outstanding Preferred
Shares, in each case on a non-diluted basis.
The final combination of Common Shares and Preferred Shares
issued on closing of the Third Tranche will be such higher / lower
numbers as may be permitted by the 30% Threshold. The foregoing
figures are based on 108,573,141 Common Shares issued and
outstanding immediately following the Second Tranche Closing.
Approval by the Company’s shareholders, clearance under the
Competition Act (Canada), applicable stock exchange approval and
certain other conditions to closing of each of the First Tranche,
the Second Tranche and the Third Tranche were satisfied in
connection with the closing of the First Tranche, and accordingly
closing of the Third Tranche is subject to customary closing
conditions for a private placement of this nature.
Pursuant to the terms of the subscription agreement (the
“Subscription Agreement”) between the Investor and the
Company dated November 5, 2023, Shares issued in the First Tranche,
Second Tranche, and Third Tranche are allocated between Common
Shares and Preferred Shares such that if the number of Common
Shares owned by the Investor or its affiliates, associates, related
parties and any joint actors would exceed 30% of the aggregate
number of Common Shares issued and outstanding (the “30%
Threshold”) after the closing of the applicable tranche, the
Company will issue to the Investor the greatest number of Common
Shares issuable pursuant to such closing without exceeding the 30%
Threshold, with the remainder of the Shares issuable as Preferred
Shares (all as more specifically set forth in the Subscription
Agreement).
The Preferred Shares are non-voting convertible preferred shares
of the Company convertible at the option of the Investor without
payment of any additional consideration (subject to the 30%
Threshold). The Preferred Shares are convertible initially on a
one-for-one basis, provided however that the conversion rate will
increase at a rate of 7.5% per annum commencing from the initial
date on which Preferred Shares are issued, until such time as the
holders of Preferred Shares would beneficially own, or exercise
control or direction over, directly or indirectly, with their
respective affiliates, associates, related parties and any joint
actors, after giving effect to the conversion of the Preferred
Shares, 49.0% of the aggregate number of Common Shares issued and
outstanding.
The Investor entered into the Subscription Agreement in
furtherance of its strategic investment in the Company. The
completion of the Third Tranche in accordance with the terms of the
Subscription Agreement will increase the Investor’s security
ownership in the Company. The Investor intends to review its
investment in the Company on a continuing basis and may, subject to
the terms of the A&R Investor Rights Agreement (as defined
below), and depending upon a number of factors, including market
and other conditions, increase or decrease its beneficial
ownership, control, direction or economic exposure over securities
of the Company, through market transactions, private agreements,
treasury issuances, exercise of options, convertible securities,
derivatives, swaps or otherwise. Pursuant to the Subscription
Agreement, unless otherwise consented to in writing by the Investor
in advance, the Company is required to use one-half of the proceeds
from each of the First Tranche and the Second Tranche for general
corporate purposes, and one-half of the proceeds of each of the
First Tranche and the Second Tranche, and all of the proceeds of
the Third Tranche, to fund the Jupiter Pool, subject to adjustment
in accordance with the terms of the Subscription Agreement. The
Jupiter Pool is to be invested by the Company in accordance with
the terms of reference provided for in the A&R Investor Rights
Agreement.
The Subscription Agreement contains customary voting support
covenants of the Investor in connection with the approval of
matters related to the Investment by the Company’s shareholders,
which approval was obtained at the Company’s annual and special
meeting of shareholders held on January 18, 2024. In addition, it
contains a covenant of the Company not to issue or obligate itself
to issue any securities, including Shares, during the term of the
Subscription Agreement, except (1) (a) with the prior written
consent of the Investor, (b) as permitted under Company’s equity
incentive plans, (c) as expressly contemplated by or pursuant to
the Investor’s top-up and pre-emptive rights under the A&R
Investor Rights Agreement, or (d) at a price that is at or above
the Per Share Price, and (2) initially up to 15,756,648 Shares
(based on estimated pro forma shareholdings that would result in
the Investor owning at least 40% of the Shares outstanding if the
First Tranche, the Second Tranche, and the Third Tranche were
completed) at any price, but subject to increase as agreed to by
the Company and the Investor acting reasonably, if the number of
Shares outstanding increases over time.
Pursuant to the amended and restated investor rights agreement
entered into between the Investor and the Company concurrently with
the closing of the First Tranche (the “A&R Investor Rights
Agreement”), the Investor has the right to nominate up to 30%
of the board of directors of the Company (the “Board”),
subject to the Investor maintaining certain share ownership
thresholds. The Investor is entitled, subject to the terms and
conditions of its nomination rights, to replace its nominee
directors from time to time. In addition, the Investor has certain
governance rights, so long as it maintains certain share ownership
thresholds, including pre-emptive rights, top-up rights and
customary registration rights. The Investor is permitted to engage
with the Board regarding the Company’s business and prospects.
This press release is being issued, in part, pursuant to
National Instrument 62-103 – The Early Warning System and Related
Take-Over Bid and Insider Reporting Issues, which requires an early
warning report to be filed under the Company’s profile on SEDAR+ at
www.sedarplus.ca containing additional information respecting the
foregoing matters. You may also contact the Investor’s media centre
at +44 (0) 20 7845 2888 to obtain a copy of the early warning
report once filed.
Further details relating to the Investment can be found in the
press release issued by the Company on November 6, 2023 and the
Company’s management information circular dated December 20, 2023
(the “Circular”).
About Organigram Holdings Inc.
Organigram Holdings Inc. is a NASDAQ Global Select Market and
TSX listed company whose wholly owned subsidiary Organigram Inc. is
a licensed producer of cannabis, cannabis-derived products and
cannabis infused edibles in Canada.
Organigram is focused on producing high-quality cannabis for
adult recreational consumers, as well as developing international
business partnerships to extend the Company's global footprint.
Organigram has also developed and acquired a portfolio of legal
adult-use recreational cannabis brands, including Edison, Holy
Mountain, Big Bag O’ Buds, SHRED, SHRED’ems, Monjour, Tremblant
Cannabis and Trailblazer. Organigram operates facilities in
Moncton, New Brunswick and Lac-Supérieur, Quebec, with a dedicated
edibles manufacturing facility in Winnipeg, Manitoba. The Company
is regulated by the Cannabis Act and the Cannabis Regulations
(Canada).
Forward-Looking Information
This news release contains forward-looking information. Often,
but not always, forward-looking information can be identified by
the use of words such as “plans”, “expects”, “estimates”,
“intends”, “anticipates”, “believes” or variations of such words
and phrases or state that certain actions, events, or results
“may”, “could”, “would”, “might” or “will” be taken, occur or be
achieved. Forward-looking information involves known and unknown
risks, uncertainties and other factors that may cause actual
results, events, performance or achievements of Organigram to
differ materially from current expectations or future results,
performance or achievements expressed or implied by the
forward-looking information contained in this news release. Risks,
uncertainties and other factors involved with forward-looking
information could cause actual events, results, performance,
prospects and opportunities to differ materially from those
expressed or implied by such forward-looking information include
factors and risks disclosed in the Circular, and the Company’s most
recent annual information form, management’s discussion and
analysis and other Company documents filed from time to time on
SEDAR+ (see www.sedarplus.ca) and filed or furnished to the
Securities and Exchange Commission on EDGAR (see www.sec.gov).
Readers are cautioned not to place undue reliance on these
forward-looking statements, which speak only as of the date of this
press release. Although the Company believes that the assumptions
and factors used in preparing the forward-looking information in
this news release are reasonable, undue reliance should not be
placed on such information and no assurance can be given that such
events will occur in the disclosed time frames or at all. The
forward-looking information included in this news release are made
as of the date of this news release and the Company disclaims any
intention or obligation, except to the extent required by law, to
update or revise any forward-looking information, whether as a
result of new information, future events or otherwise.
_____________________________ 1 As determined using the average
daily exchange rate published by the Bank of Canada on August 28,
2024 for converting Canadian dollars into U.S. dollars.
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version on businesswire.com: https://www.businesswire.com/news/home/20240903393188/en/
For Media enquiries:
Megan McCrae, Senior Vice President – Global Brands and
Corporate Affairs megan.mccrae@organigram.ca
For Investor Relations enquiries:
Max Schwartz, Director of Investor Relations
investors@organigram.ca
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