ATHENEX, INC. such as entering into a material definitive agreement, creating a direct financial obligation or an obligation under an off-balance sheet arrangement of a registrant, triggering events that accelerate or increase a direct financial obligation or an obligation under Off-Balance Sheet Arrangement (Form 8-K)
Section 1.01 Entering into a Material Definitive Agreement.
At
The amendments to the credit agreement will become effective if the closing of the sale by the company of its leasehold interest in the manufacturing plant of
The Amendment obliges the Company to make an additional compulsory advance payment of
The warrants have been amended to change the exercise price to be paid per share upon exercise of the warrants. The initial exercise price of the warrants was
per share. The amendment provides that the exercise price of 50% of the shares underlying the warrants will be the lower of (i)
The above summary of the Amendment does not purport to be complete and is qualified in its entirety by reference to the full text of the Amendment, a copy of which will be filed as an attachment to the Company’s Annual Report on Form 10- K and is incorporated herein by reference.
Item 2.03 Creation of a Direct Financial Obligation or an Obligation under a
Off-balance sheet arrangement of a registrant.
The information contained in Section 1.01 of this Current Report on Form 8-K is incorporated herein by reference.
Item 2.04 Triggering events that accelerate or increase a direct cash flow
Obligation or an obligation under an off-balance sheet arrangement.
The information contained in Section 1.01 of this Current Report on Form 8-K is incorporated herein by reference.
Caution Regarding Forward-Looking Statements
Except for historical information, all statements, expectations and assumptions contained in this Current Report on Form 8-K are forward-looking statements. These forward-looking statements are generally identified by terms such as “anticipate”, “believe”, “continue”, “could”, “estimate”, “expect”, “expect”, “objective”, “guidance”, “intend to,” “likely,” “may,” “plan,” “potential,” “predicted,” “preliminary,” “likely,” “project,” “promising,” “research,” “should “, “will”, “would” and similar expressions. Actual results may differ materially from those expressed or implied in the forward-looking statements. Important factors that could cause actual results to differ materially include: the timing or opportunity for the Company to complete the sale of its stake in the Dunkirk facility, the stage of development of its lead clinical candidates, including NKT cell therapy and associated risks related to drug development, clinical trials, regulatory , the uncertainties surrounding regulatory reviews and approvals; the Company’s ability to develop its
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manufacturing and commercial supply operations for current and future approved products, and ability to commercialize its products, once approved; ability to successfully demonstrate the safety and efficacy of its drug candidates and to obtain timely approval of its drug candidates, as required; the preclinical and clinical results of the Company’s drug candidates, which may not support the further development of these drug candidates; risks relating to the Company’s ability to successfully integrate the activities of Kuur Therapeutics into its existing business, including uncertainties associated with maintaining relationships with customers, suppliers and employees, as well as differences in operations, cultures and management philosophies that may delay successful integration and the ability to bear the additional cost burden of Kuur’s business; risks relating to the performance of counterparties, including the Company’s dependence on third parties to succeed in certain areas of its business; the Company’s operating loss history and its need and ability to raise additional capital to continue operations; uncertainties surrounding the Company’s ability to enter into new financing agreements as it is unable to meet the conditions of financing under existing financing agreements and access capital thereunder; the risks and uncertainties inherent in litigation, including purported shareholder class actions; risks and uncertainties related to the COVID-19 pandemic and its continued impact on the Company’s operations, supply chain, cash flows and financial condition; competetion; intellectual property risks; uncertainties surrounding the Company’s ability to successfully integrate the acquired and merged businesses in a timely and cost-effective manner and to realize synergies; the risks associated with conducting business internationally and in
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