Cobalis Corp. Gains Superior Court Approval to Cancel 3,000,000 Share Certificate Held by IBCG as the Defaulting Party to Loan A
July 20 2004 - 2:32PM
PR Newswire (US)
Cobalis Corp. Gains Superior Court Approval to Cancel 3,000,000
Share Certificate Held by IBCG as the Defaulting Party to Loan
Agreement IRVINE, Calif., July 20 /PRNewswire-FirstCall/ -- Cobalis
Corp. (OTC:CBSC) (BULLETIN BOARD: CBSC) , a pharmaceutical company
specializing in over-the-counter anti-allergy medications,
announced today that on July 1, 2004, the Los Angeles Superior
Court ruled in the Company's favor and entered a judgment against
IBCG International Business Consultant GmbH (IBCG). The Company
initiated the lawsuit to rescind a collateralized loan agreement
between IBCG and the Company, based on the failure of IBCG to
perform its obligations under that agreement. Further, the Court
order instructs Pacific Stock Transfer Company, Cobalis' stock
transfer agent, to rescind BioGentech Share Certificate #1028 for
3,000,000 shares of the common stock of the Company, under CUSIP
number 09063N104, which was issued as collateral for a loan which
was never received by the Company. Cobalis' announcement today
confirms that the certificate, originally issued for shares of
BioGentech Corporation (the former name of Cobalis Corp.), has been
rescinded by Pacific Stock Transfer Company, and may no longer be
used for any purposes. On July 9, 2004, the transfer agent reduced
the number of outstanding shares issued and outstanding of Cobalis
Corp. from 24,481,472 to 21,481,472. Cobalis CEO Chas Radovich
said: "We are very pleased that the Los Angeles Superior Court has
granted our request for recision of the loan agreement, and for
cancellation of the share certificate. We have tried for almost one
year to resolve this issue with IBCG, who unilaterally defaulted on
their commitment to our Company, and who subsequently refused to
cooperate to return the share certificate issued in good faith by
us." Adds Radovich: "We have suspected for a long time that this
certificate was used in illegal naked short selling operations on
the Berlin-Bremen and other international stock exchanges, and I
wish to make it very clear to the international securities
marketplace that any further use of Certificate #1028 for any
trading, shorting or collateral purposes will be considered
fraudulent and will be pursued aggressively by the Company to the
fullest extent of international and securities law." Cobalis Corp.
will be sending registered letters to the compliance officers at
all brokerage and securities investment firms, as well as to all
securities exchanges, affirming the cancellation of this
certificate and to halt any ongoing short-selling operations based
on this certificate. IBCG International Business Consultant GmbH
has refused to identify the location of the certificate and has
refused to return the certificate to the Company. IBCG failed to
appear at Superior Court to contest the suit and the Court granted
the default judgment against IBCG effectively rendering the
certificate null and void on July 1, 2004. About Cobalis Corp. --
PreHistin (TM) Headquartered in Irvine, California, Cobalis Corp.
is an over-the-counter pharmaceutical company. Its flagship
product, PreHistin, designed to prevent the primary cause of
airborne allergies, is scheduled for Phase III clinical trials in
late 2004 and initial marketing in the U.S. will commence upon
final FDA marketing approval. The U.S. anti-allergy medication
market was $7.2 billion in 2003 and is expected to exceed $10
billion by 2010. PreHistin, "The World's First Pre-histamine (TM),"
has shown in previous clinical studies to modulate the body's level
of the protein IgE, reducing the overproduction of histamines, the
primary cause of airborne allergy symptoms. Prior studies have
shown that the active ingredient in PreHistin appears to have
essentially no risks of adverse effects to the general population,
including sedation and drowsiness found in many of the allergy
products currently available. For further information please visit
the website at http://www.cobalis.com/. Safe Harbor Certain
statements contained in this news release are considered "forward-
looking" statements (as defined in the Private Securities
Litigation Reform Act of 1995). Because these statements include
risks and uncertainties, actual results may differ materially from
those expressed or implied by such forward- looking statements.
These forward-looking statements reflect Cobalis Corp's current
views about future events. They are identified by their use of
terms and phrases such as "believe," "expect," "plan,"
"anticipate," "possibility" and similar expressions identifying
their forward-looking character. Investors should not rely on these
forward-looking statements as assurances of future events, because
such statements are inherently subject to a variety of risks,
uncertainties and other factors that could cause actual results to
differ materially from the Company's expectations. Specifically,
factors that could cause actual results to differ materially from
those expressed or implied by such forward-looking statements
include, but are not limited to: risks associated with preclinical
and clinical developments in the biopharmaceutical industry in
general and in Cobalis Corp's compounds under development in
particular; the potential failure of Cobalis Corp's compounds under
development to prove safe and effective for treatment of disease;
uncertainties inherent in the early stage of Cobalis Corp's
compounds under development, failure to successfully implement or
complete clinical trials; failure to receive marketing clearance
from regulatory agencies for our compounds under development;
acquisitions, divestitures, mergers, licenses or strategic
initiatives that change Cobalis Corp's business, structure or
projections; the development of competing products; uncertainties
related to Cobalis Corp's business, structure or projections; the
development of competing products; uncertainties related to Cobalis
Corp's dependence on third parties and partners; and those risks
described in the filings with the SEC, all of which are under the
Company's prior name BioGentech Corporation. Cobalis Corp.
disclaims any obligation to update these forward-looking
statements. DATASOURCE: Cobalis Corp. CONTACT: Chaslav Radovich,
President & CEO of Cobalis Corp., +1-949-757-0001, or
1-888-600-2424, Web site: http://www.cobalis.com/
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