The Cannabist Company Announces Intent to Complete US$25.75 Million Private Placement Offering of 9% Senior Secured Convertible Debentures Due 2027
March 15 2024 - 7:57AM
Business Wire
US$6.25 Million of total will be issued in
exchange for existing 6% Senior Secured Convertible Notes Due
2025
The Cannabist Company Holdings Inc. (Cboe CA: CBST) (OTCQX:
CBSTF) (FSE: 3LP) (“The Cannabist Company” or the “Company”)
announced today that it intends to complete a private placement of
up to US$19.5 million (the "Offering") aggregate principal amount
of 9.00% senior secured convertible debentures due 2027 (the
"Notes"). The Company has received binding commitments for US$17.5
million and may enter into additional commitments for US$2.0
million of Notes prior to closing.
In addition, in accordance with the terms of a previously
executed agreement, as amended, the Company also intends to issue
US$6.25 million of Notes in exchange for the cancellation of
previously issued 6% senior secured convertible notes due 2025 held
by certain offshore institutional investors.
The Notes will be senior secured obligations of the Company and
mature in March 2027, unless earlier converted or repurchased. The
conversion rate will be 3,278.6 common shares in the capital of the
Company ("Common Shares") per $1,000 principal amount of Notes
(equivalent to a price of approximately US$0.305 per Common Share),
subject to customary adjustments. The conversion price of the Notes
represents a premium of approximately 25% over the closing price of
the Common Shares on the Cboe Canada (the “Exchange”) on March 14,
2024. The Notes are subject to an original issue discount and
priced at $800 per issuance of $1,000 in principal amount of new
Notes. As a result, assuming that the Company enters into
additional commitments for US$2 million, the Company will receive
US$15.6 million of new capital and extinguish US$5.0 million of 6%
Senior Secured Convertible Notes Due 2025. In connection with the
Offering, the Company and the investors will enter into a customary
registration rights agreement.
The closing of the Offering is expected to occur on or about
March 19, 2024 (the "Closing Date") and is subject to the
completion of formal documentation and receipt of all regulatory
approvals, including the approval of the Exchange. The Notes will
be offered for sale on a private placement basis in certain
provinces and territories of Canada pursuant to applicable
exemptions from the prospectus requirements of Canadian securities
laws. The Notes may also be sold in the United States to or for the
account or benefit of "U.S. persons" (as defined in the United
States Securities Act of 1933, as amended) (the "U.S. Securities
Act"), on a private placement basis pursuant to an exemption from
the registration requirements of the U.S. Securities Act, and in
such jurisdictions outside of Canada and the United States as may
be agreed upon by the Company, in each case in accordance with
applicable laws. The Notes issued will be subject to a customary
four-month hold period under Canadian securities laws.
The net proceeds from the Offering will be used for repayment of
debt, including the remaining $13.2 million of 13% senior secured
notes due May 2024, working capital and general corporate
purposes.
No securities regulatory authority has either approved or
disapproved of the contents of this news release. The Notes and the
Common Shares issuable upon conversion of the Notes have not been
and the Notes will not be registered under the U.S. Securities Act
or any state securities laws, and accordingly, may not be offered
or sold unless registered under the U.S. Securities Act and
applicable state securities laws or pursuant to exemptions from the
registration requirements of the U.S. Securities Act and applicable
state securities laws. This news release shall not constitute an
offer to sell or a solicitation of an offer to buy nor shall there
be any sale of the securities of the Company in any jurisdiction in
which such offer, solicitation or sale would be unlawful.
No Offer or Solicitation
This communication is not intended to and does not constitute an
offer to sell, buy or subscribe for any securities or otherwise,
nor shall there be any sale, issuance or transfer of securities in
any jurisdiction in contravention of applicable law. In particular,
this communication is not an offer of securities for sale into the
United States. No offer of securities shall be made in the United
States or to or for the account or benefit of a U.S. person (as
defined in Regulation S of the United States Securities Act of
1933, as amended (the “U.S. Securities Act”)) absent registration
under the U.S. Securities Act and applicable state securities laws,
or pursuant to an exemption from, or in a transaction not subject
to, such registration requirements. In addition, hedging
transactions may not be conducted unless in compliance with the
U.S. Securities Act.
Caution Concerning Forward Looking Statements
This press release contains certain statements that constitute
“forward-looking information” or “forward-looking statements”
within the meaning of applicable securities laws and reflect the
Company’s current expectations regarding future events.
Forward-looking statements or information contained in this release
include, but are not limited to, statements or information with
respect to the Offering or the completion thereof. There can be no
assurances that the conditions to the completion of the Offering
will be satisfied or that the Notes will be issued. These
forward-looking statements or information, which although
considered reasonable by the Company, may prove to be incorrect and
are subject to known and unknown risks and uncertainties that may
cause actual results, performance or achievements of the Company to
be materially different from those expressed or implied by any
forward-looking information. In addition, securityholders should
review the risk factors discussed under “Risk Factors” in the
Company’s Form 10-K for the year ended December 31, 2023, as filed
with Canadian and U.S. securities regulatory authorities and
described from time to time in subsequent documents filed with
applicable securities regulatory authorities.
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version on businesswire.com: https://www.businesswire.com/news/home/20240315665817/en/
Investors Lee Ann Evans SVP, Capital Markets
investor@cannabistcompany.com
Media Lindsay Wilson SVP, Communications
media@cannabistcompany.com
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