Merck (NYSE: MRK), known as MSD outside of the United States and
Canada, is commencing today, through a subsidiary, a cash tender
offer to purchase all outstanding shares of common stock of Imago
BioSciences, Inc. (Nasdaq: IMGO). On Nov. 21, 2022, Merck announced
that it had entered into a definitive agreement to acquire
Imago.
Upon the successful closing of the tender offer, stockholders of
Imago will receive $36 in cash for each share of Imago common stock
validly tendered and not validly withdrawn in the offer, without
interest and subject to deduction for any required tax withholding.
Following the purchase of shares in the tender offer, Imago will
merge with and into a subsidiary of Merck, with Imago surviving the
merger. As a result, Imago will become a subsidiary of Merck.
Merck will file today with the U.S. Securities and Exchange
Commission (the “SEC”) a tender offer statement on Schedule TO,
which provides the terms of the tender offer. Additionally, Imago
will file with the SEC a solicitation/recommendation statement on
Schedule 14D-9 that includes the recommendation of the Imago board
of directors that their stockholders accept the tender offer and
tender their shares.
The tender offer will expire at one minute after 11:59 p.m.,
Eastern Time, on January 10, 2023, unless extended in accordance
with the merger agreement and the applicable rules and regulations
of the SEC. The closing of the tender offer is subject to certain
conditions, including the tender of shares representing at least a
majority of the total number of Imago’s outstanding shares, receipt
of applicable regulatory approvals, and other customary conditions.
The transaction is expected to close in the first quarter of
2023.
About Merck At Merck, known as MSD outside of the United
States and Canada, we are unified around our purpose: We use the
power of leading-edge science to save and improve lives around the
world. For more than 130 years, we have brought hope to humanity
through the development of important medicines and vaccines. We
aspire to be the premier research-intensive biopharmaceutical
company in the world – and today, we are at the forefront of
research to deliver innovative health solutions that advance the
prevention and treatment of diseases in people and animals. We
foster a diverse and inclusive global workforce and operate
responsibly every day to enable a safe, sustainable and healthy
future for all people and communities. For more information, visit
www.merck.com and connect with us on Twitter, Facebook, Instagram,
YouTube and LinkedIn.
Important Information About the Tender Offer The tender
offer described in this press release has not yet commenced. This
press release is for informational purposes only and is neither an
offer to purchase nor a solicitation of an offer to sell any shares
of the common stock of Imago or any other securities, nor is it a
substitute for the tender offer materials described herein. At the
time the planned tender offer is commenced, a tender offer
statement on Schedule (TO), including an offer to purchase, a
letter of transmittal and related documents, will be filed by Merck
Sharp & Dohme LLC (“Merck”) and M-Inspire Merger Sub, Inc., a
wholly-owned subsidiary of Merck, with the Securities and Exchange
Commission (the “SEC”), and a solicitation/recommendation statement
on Schedule 14D-9 will be filed by Imago with the SEC. The offer to
purchase shares of common stock of Imago will only be made pursuant
to the offer to purchase, the letter of transmittal and related
documents filed as a part of the Schedule TO.
INVESTORS AND SECURITY HOLDERS ARE URGED TO READ BOTH THE
TENDER OFFER MATERIALS CAREFULLY (INCLUDING AN OFFER TO PURCHASE, A
RELATED LETTER OF TRANSMITTAL AND CERTAIN OTHER TENDER OFFER
DOCUMENTS) AND THE SOLICITATION/RECOMMENDATION STATEMENT ON
SCHEDULE 14D-9 REGARDING THE OFFER, AS THEY MAY BE AMENDED FROM
TIME TO TIME, WHEN THEY BECOME AVAILABLE BECAUSE THEY WILL CONTAIN
IMPORTANT INFORMATION THAT INVESTORS AND SECURITY HOLDERS SHOULD
CONSIDER BEFORE MAKING ANY DECISION REGARDING TENDERING THEIR
SECURITIES.
Investors and security holders may obtain a free copy of the
offer to purchase, the related letter of transmittal, certain other
tender offer documents and the solicitation/recommendation
Statement (when available) and other documents filed with the SEC
at the website maintained by the SEC at www.sec.gov or by directing
such requests to the Information Agent for the tender offer, which
will be named in the tender offer statement. In addition, Merck and
Imago will file annual, quarterly and current reports and other
information with the SEC, which are available to the public from
commercial document-retrieval services and at the SEC’s website at
www.sec.gov. Copies of the documents filed with the SEC by Merck
may be obtained at no charge on Merck’s internet website at
www.merck.com or by contacting Merck at 126 East Lincoln Avenue
P.O. Box 2000 Rahway, NJ 07065 USA, or (908) 740-4000. Copies of
the documents filed with the SEC by Imago may be obtained at no
charge on Imago’s internet website at www.imagobio.com or by
contacting Imago at 303 Twin Dolphin Drive 6th Floor, Redwood City,
CA 94065 or (415) 529 5055.
Forward-Looking Statement of Merck & Co., Inc., Rahway,
N.J., USA This news release of Merck & Co., Inc., Rahway,
N.J., USA (the “company”) includes statements that are not
statements of historical fact, or “forward-looking statements,”
including with respect to the company’s proposed acquisition of
Imago. Such forward-looking statements include, but are not limited
to, the ability of the company and Imago to complete the
transactions contemplated by the merger agreement, including the
parties’ ability to satisfy the conditions to the consummation of
the offer contemplated thereby and the other conditions set forth
in the merger agreement, statements about the expected timetable
for completing the transaction, the company’s and Imago’s beliefs
and expectations and statements about the benefits sought to be
achieved in the company’s proposed acquisition of Imago, the
potential effects of the acquisition on both the company and Imago,
the possibility of any termination of the merger agreement, as well
as the expected benefits and success of Imago’s product candidates.
These statements are based upon the current beliefs and
expectations of the company’s management and are subject to
significant risks and uncertainties. There can be no guarantees
that the conditions to the closing of the proposed transaction will
be satisfied on the expected timetable or at all, with respect to
pipeline candidates that the candidates will receive the necessary
regulatory approvals or that they will prove to be commercially
successful. If underlying assumptions prove inaccurate or risks or
uncertainties materialize, actual results may differ materially
from those set forth in the forward-looking statements.
Risks and uncertainties include but are not limited to,
uncertainties as to the timing of the offer and the subsequent
merger; uncertainties as to how many of Imago’s stockholders will
tender their shares in the offer; the risk that competing offers or
acquisition proposals will be made; the possibility that various
conditions to the consummation of the merger and the offer
contemplated thereby may not be satisfied or waived; the effects of
disruption from the transactions contemplated by the merger
agreement and the impact of the announcement and pendency of the
transactions on Imago’s business; the risk that stockholder
litigation in connection with the offer or the merger may result in
significant costs of defense, indemnification and liability;
general industry conditions and competition; general economic
factors, including interest rate and currency exchange rate
fluctuations; the impact of the global outbreak of novel
coronavirus disease (COVID-19); the impact of pharmaceutical
industry regulation and health care legislation in the United
States and internationally; global trends toward health care cost
containment; technological advances, new products and patents
attained by competitors; challenges inherent in new product
development, including obtaining regulatory approval; the company’s
ability to accurately predict future market conditions;
manufacturing difficulties or delays; financial instability of
international economies and sovereign risk; dependence on the
effectiveness of the company’s patents and other protections for
innovative products; and the exposure to litigation, including
patent litigation, and/or regulatory actions.
The company undertakes no obligation to publicly update any
forward-looking statement, whether as a result of new information,
future events or otherwise, except to the extent required by law.
Additional factors that could cause results to differ materially
from those described in the forward-looking statements can be found
in the company’s Annual Report on Form 10-K for the year ended
December 31, 2021 and the company’s other filings with the
Securities and Exchange Commission (SEC) available at the SEC’s
Internet site (www.sec.gov).
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version on businesswire.com: https://www.businesswire.com/news/home/20221212005250/en/
Media:
Bob Josephson (203) 914-2372
Ian McConnell (973) 901-5722
Investors:
Peter Dannenbaum (908) 740-1037
Damini Chokshi (908) 740-1807
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