Synvista Therapeutics Announces Restructuring of Dividend Obligation to Preferred Stockholders and Decision to Delist from NYSE
24 Fevereiro 2009 - 6:15PM
PR Newswire (US)
MONTVALE, N.J., Feb. 24 /PRNewswire-FirstCall/ -- Synvista
Therapeutics, Inc. (NYSE Alternext US: SYI) today announced that it
has entered into agreements with the current holders of its Series
B Preferred Stock, $0.01 par value per share, under which
$2,875,000 in accrued dividend obligations relating to the Series B
Preferred Stock as of December 31, 2008 has been converted into
senior secured promissory notes, due three years from the date of
issuance. Interest at the rate of 1.25% per year shall be payable
on the notes at maturity. The notes are secured by all of the
Company's diagnostic assets, including the Company's HAPTOCHEK(TM)
clinical diagnostic test for Hp2-2 diabetes, and its test to
measure CML (carboxy-methyllysine), another potential
cardiovascular risk marker. The holders of the Series B Preferred
Stock have waived their rights to receive accruing dividends in
cash during the term of the notes, provided there is no event of
default under the notes and the notes remain outstanding. If the
notes are repaid pursuant to the terms of the notes, and the Series
B Preferred Stock remains outstanding at that time, the right of
the Series B holders to receive any future dividends in cash shall
resume. In addition, the right of the Series B holders to receive
any accrued dividends in cash will resume upon the maturity of the
notes. The Company also announced that it has notified NYSE
Alternext US LLC of its intent to voluntarily delist its common
stock from trading on the NYSE Alternext. Following the delisting,
the Company intends to voluntarily terminate the registration of
its common stock under the Securities Exchange Act of 1934, as
amended ("Exchange Act"), and thereafter to cease filing reports
with the Securities and Exchange Commission ("SEC"). As previously
announced on December 24, 2008, Synvista is currently not in
compliance with certain NYSE Alternext continued listing standards.
The Company is not in compliance with Section 1003(a)(iii) of the
NYSE Alternext Company Guide, due to its stockholders' equity of
less than $6,000,000 and losses from continuing operations and net
losses in its five most recent fiscal years. The Company
anticipates that it will file with the SEC a Form 25 relating to
the delisting of its common stock from the NYSE Alternext on or
about March 9, 2009, and that the delisting will be effective ten
days thereafter. Accordingly, the Company anticipates that the last
day of trading of its securities on NYSE Alternext will be on or
about March 18, 2009. Following the delisting, the Company plans to
file a Form 15 to deregister its common stock under the Exchange
Act. Upon the filing of the Form 15, the Company's obligation to
file certain reports with the SEC, including Forms 10-K, 10-Q, and
8-K, will immediately be suspended. The Company expects that the
deregistration will become effective 90 days after the date of
filing of the Form 15 with the SEC. The Company anticipates that
following the delisting, its common stock may be quoted on the Pink
Sheets, a centralized electronic quotation service for
over-the-counter securities, so long as market makers demonstrate
an interest in trading in the Company's stock. However, the Company
can give no assurance that trading in its stock will continue on
the Pink Sheets or on any other securities exchange or quotation
medium. Accordingly, stockholders' ability to effectuate trades in
the Company's common stock following the delisting is likely to be
materially adversely impacted. The Company has determined that it
is necessary to take these steps in order to preserve the Company's
limited remaining financial resources for the operation of the
Company's business. As previously announced, the Company is
continuing to explore strategic alternatives in order to monetize
its technology assets, which may take the form of sales or
licensing transactions with respect to those assets. In light of
the Company's cash position and current negative economic and
capital markets conditions, if the Company is unable to enter into
such transactions in a timely manner, the Company's ability to
continue operations beyond the second quarter of 2009 is in doubt.
About Synvista Therapeutics Synvista Therapeutics is a
biopharmaceutical company developing clinical diagnostic laboratory
tests to diagnose and facilitate treatment of cardiovascular
disease in people with diabetes. The Company has developed a
protein-based clinical laboratory test to identify patients with
Hp2-2 diabetes. Tests which identify patients with Hp2-2 diabetes
may be useful in identifying diabetic patients at high risk for
cardiovascular complications. These patients may benefit from a
particular formulation of vitamin E. The Company is also developing
a kit to measure CML (carboxy-methyllysine), another potential
cardiovascular risk marker. For more information, please visit the
Company's Web site at http://www.synvista.com/. Any statements
contained in this press release that relate to future plans, events
or performance are forward-looking statements that involve risks
and uncertainties including, but not limited to, the risks
associated with the events described in this press release, the
Company's ability to continue operations, the possibility of
quotation of the Company's common stock on the Pink Sheets, the
future clinical development of Synvista Therapeutics' diagnostic
tests and product candidates, and other risks identified in
Synvista Therapeutics' filings with the Securities and Exchange
Commission. Further information on risks faced by Synvista are
detailed under the caption "Risk Factors" in Synvista Therapeutics'
Annual Report on Form 10-K for the year ended December 31, 2007.
These filings are available on a website maintained by the
Securities and Exchange Commission at http://www.sec.gov/. The
information contained in this press release is accurate as of the
date indicated. Actual results, events or performance may differ
materially. Synvista Therapeutics undertakes no obligation to
publicly release the result of any revision to these
forward-looking statements that may be made to reflect events or
circumstances after the date hereof or to reflect the occurrence of
unanticipated events. DATASOURCE: Synvista Therapeutics, Inc.
CONTACT: Investor Relations: Synvista Therapeutics, Inc.,
+1-201-934-5000, Web Site: http://www.synvista.com/
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