IntelGenx Initiates Restructuring Proceedings Under the CCAA to Implement a Review of its Strategic Alternatives
17 Mayo 2024 - 4:39PM
IntelGenx Technologies Corp. (the “
Company”
or “
IntelGenx”) (OCTQB: IGXT; TSX: IGX), a leading
drug delivery company focused on the development and manufacturing
of pharmaceutical films, announced today that the Québec Superior
Court (Commercial Division) (the “
Court”) has
issued an initial order (the “
Initial Order”)
granting the Company and its subsidiaries protection under the
Companies’ Creditors Arrangement Act (R.S.C., 1985, c. C-36) (the
“
CCAA”).
Since its inception, IntelGenx has funded its
operations primarily through public and private equity offerings,
loans from business partners and research and development support
payments generated from collaborations with third parties. The
Company is currently facing a short-term liquidity crisis as a
result of its inability to secure necessary bridge financing –
leading to a lack of time and financial resources to complete an
ongoing digital offering – which liquidity crisis was exacerbated
by delays in the regulatory approval process for the
commercialization of certain of IntelGenx’s products, resulting in
the postponement of potential additional revenue streams.
After a careful review of all available
alternatives and following thorough consultation with its legal and
financial advisors, the Company’s Board of Directors determined
that it was in the best interest of IntelGenx and its stakeholders
to file an application for creditor protection under the CCAA. The
protection afforded by the CCAA is intended to provide the Company
with the time and breathing room necessary to implement a strategic
review process under the oversight of the Board of Directors and
with the advice of IntelGenx’s professional advisors. In this
regard, IntelGenx anticipates that it will seek Court approval to
initiate a formal sale and investment solicitation process intended
to generate interest in either the business or the assets of
IntelGenx, or in a recapitalization of IntelGenx, with the goal of
implementing one or more transaction(s). The implementation of one
or more transaction(s) may be in addition to, or as an alternative,
to a CCAA plan of compromise or arrangement, to maximize return in
respect of IntelGenx’s business and assets.
The Initial Order provides a stay of creditor
claims and exercise of contractual rights with a view to provide
the Company some breathing room to implement its strategic review
process. IntelGenx hopes for an outcome that will allow its
superior film technologies, including VersaFilm® and VetaFilm®
technologies, to realize their full potential and ensure the
continuation of its business as a going concern.
The Initial Order provides that the Company’s
management remains responsible for the day-to-day operations of the
Company and that the Board of Directors remains intact. The Company
is committed to completing the restructuring process quickly and
efficiently.
The Court has appointed Ernst & Young Inc.
to serve as Monitor in the CCAA proceedings and to assist the
Company with its restructuring efforts and report to the Court
during the restructuring.
The Initial Order authorizes interim
debtor-in-possession financing (DIP) financing in order to allow
the Company to continue its operations during the restructuring
process and implement the necessary restructuring measures.
Trading in the common shares of the Company on
the Toronto Stock Exchange (the “TSX”) has been
halted and it is anticipated that the trading thereof will continue
to be halted until a review is undertaken by the TSX regarding the
suitability of the Company for listing on the TSX.
Further news releases will be provided on an
ongoing basis throughout the CCAA proceedings as required by law or
otherwise as may be determined necessary by the Company or the
Court. Documents relating to the restructuring process such as the
Initial Order, the Monitor’s reports to the Court as well as other
Court orders and documents shall also be published and made
accessible on the Monitor’s website: www.ey.com/ca/intelgenx.
About IntelGenx
IntelGenx is a leading drug delivery company
focused on the development and manufacturing of pharmaceutical
films. IntelGenx’s superior film technologies, including
VersaFilm®, DisinteQ™, VetaFilm® and transdermal VevaDerm™,
allow for next generation pharmaceutical products that address
unmet medical needs. IntelGenx’s innovative product pipeline offers
significant benefits to patients and physicians for many
therapeutic conditions. IntelGenx's highly skilled team provides
comprehensive pharmaceutical services to pharmaceutical partners,
including R&D, analytical method development, clinical
monitoring, IP and regulatory services. IntelGenx's
state-of-the-art manufacturing facility offers full service by
providing lab-scale to pilot- and commercial-scale production. For
more information, visit https://www.intelgenx.com/ and connect with
us on X and LinkedIn.
IntelGenx 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 outcome of the CCAA
proceedings, (ii) the obtaining of the approval of the Court to
initiate a formal sale and investment solicitation process to
secure additional financing, sell assets, or a combination thereof,
(iii) the ability of the Company to secure additional financing or
otherwise enter into one or more transaction(s), and (iv) halt
trading of the common shares and review of the TSX regarding
the suitability of the Company for listing on the TSX and any
outcome of such review. 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 and the capacity of the Company to enter
into one or more transaction(s) that would allow the Company to
pursue its activities as a going concern and the continued listing
of its common shares on a stock exchange. IntelGenx 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. Investors are
cautioned not to rely on these forward-looking statements and are
encouraged to read IntelGenx’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://sedarplus.com and on EDGAR at
http://www.sec.gov/edgar
Source: IntelGenx Technologies Corp.
stephen@intelgenx.com
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