GI Dynamics®, Inc. (ASX:GID), a medical device company that is
developing EndoBarrier® is pleased to announce that, following
stockholder approval obtained on 30 October 2018 at the Company’s
Special Meeting, it has successfully completed the issue of the
CHESS Depositary Interests (CDIs), the subject of the second
tranche of the Placement that was detailed further in the Company’s
20 September 2018 announcement. Under the second tranche of the
Placement, GI Dynamics has today issued 197,222,250 CDIs
(representing 3,944,445 shares of common stock) to certain
sophisticated and professional investors in the United States,
Australia and Guernsey at an issue price of AUD$0.02 per CDI
raising a total of AUD$3,944,445 (USD$2,840,000).
The CDIs issued under the second tranche of the Placement rank
equally in all respects with all other CDIs on issue from the time
of their allotment.
The funds raised under the second tranche of the Placement will
be used by GI Dynamics to fund the continued development of
EndoBarrier, the United States pivotal trial of EndoBarrier (GID
18-1), and for general working capital purposes.
While the funds raised under the second tranche of the Placement
will be used for the above purposes, the statements contained in
the Form 10-Q lodged on 15 November 2018 with ASX regarding the
need for the Company to be able to successfully renegotiate the
term of its 2017 Convertible Note with Crystal Amber Fund Limited
in order to have sufficient funds to operate beyond 31 December
2018 continue to apply. In addition to these discussions with
Crystal Amber Fund Limited, the Company will continue to evaluate
and pursue long-term fundraising options.
”We are pleased to receive the continued support of our
investors and are working diligently as we prepare to initiate the
pivotal trial of EndoBarrier in the United States: GID 18-1” said
Scott Schorer, President & CEO of GI Dynamics.
Grant of Options
The Board of Directors has also granted to the Company’s
President & CEO, Scott Schorer, incentive options to purchase
300,000 shares of the Company’s common stock (equivalent to
15,000,000 CDIs). The options have an exercise price of USD$0.72
per share of common stock, which equates to the market price of the
Company’s CDIs on the effective date of grant (being AUD$0.02).
These options have a 10 year term and vest over 4 years, subject to
certain conditions including remaining an employee of the Company.
The options were granted under the Company’s 2011 Employee,
Director, and Consultant Equity Incentive Plan (2011 Plan)
as an incentive for performance.
Following this grant, there remain outstanding options to
purchase a total of 1,033,678 shares of common stock (equivalent to
51,683,900 CDIs), consisting of 7,116 shares of common stock
(equivalent to 355,800 CDIs) under the Company’s 2003 Omnibus Stock
Plan and 1,026,562 shares of common stock (equivalent to 51,328,100
CDIs) under the 2011 Plan. In addition, there remain outstanding
performance stock units for the issuance of 250,000 shares of
common stock (equivalent to 12,500,000 CDIs) under the 2011 Plan,
warrants to purchase 1,972,976 shares of common stock (equivalent
to 98,648,800 CDIs) and two Convertible Notes with an aggregate
face value of USD$6,750,000.
Further details of the options granted to the President &
CEO are contained in the Appendix 3B lodged with ASX today.
Restrictions on Resale of Securities in the United
States
The securities offered under the Placement have not been
registered under the Securities Act of 1933, as amended (Act), or
any state securities laws, and until so registered may not be
offered or sold in the United States except pursuant to an
exemption from the registration requirements of the Act and
applicable state securities laws. This announcement is not an offer
to sell, nor a solicitation of an offer to buy any securities, nor
shall there be any sale of these securities in any state or
jurisdiction in which the offer, solicitation or sale would be
unlawful prior to registration or qualification under the
securities laws of any such state or jurisdiction or an applicable
exemption therefrom.
About GI Dynamics
GI Dynamics Inc. (ASX: GID) is the developer of EndoBarrier, an
endoscopically delivered device therapy for the treatment of type 2
diabetes and obesity. EndoBarrier is not approved for sale and is
limited by federal law to investigative use only. Founded in 2003,
GI Dynamics is headquartered in Boston, Massachusetts. For more
information, please visit gidynamics.com.
Forward-Looking Statements
This announcement may contain forward-looking statements. These
statements are based on GI Dynamics management’s current estimates
and expectations of future events as of the date of this
announcement. Furthermore, the estimates are subject to several
risks and uncertainties that could cause actual results to differ
materially and adversely from those indicated in or implied by such
forward-looking statements.
These risks and uncertainties include, but are not limited to,
risks associated with our ability to continue to operate as a going
concern; our ability to raise sufficient additional funds to
continue operations and to conduct the planned clinical trial of
EndoBarrier in the United States (GID 18-1 Trial); our ability to
execute the GID 18-1 Trial under FDA IDE; our ability to enlist
clinical trial sites and enroll patients in accordance with the GID
18-1 Trial; the risk that the FDA stops the GID 18-1 Trial early as
a result of the occurrence of certain safety events or does not
approve an expansion of the GID 18-1 Trial; our ability to maintain
compliance with our obligations under our existing convertible note
and warrant agreements executed with Crystal Amber Fund Limited,
including our obligations to make payment on the relevant notes
that are due in December 2018; obtaining and maintaining regulatory
approvals required to market and sell our products; the possibility
that future clinical trials will not be successful or confirm
earlier results; the timing and costs of clinical trials; the
timing of regulatory submissions; the timing, receipt and
maintenance of regulatory approvals; the timing and amount of other
expenses; the timing and extent of third-party reimbursement;
intellectual-property risk; risks related to excess inventory;
risks related to assumptions regarding the size of the available
market; the benefits of our products; product pricing; timing of
product launches; future financial results; and other factors,
including those described in our filings with the U.S. Securities
and Exchange Commission.
Given these uncertainties, one should not place undue reliance
on these forward-looking statements. We do not assume any
obligation to publicly update or revise any forward-looking
statements, whether as a result of new information or future events
or otherwise, unless we are required to do so by law.
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version on businesswire.com: https://www.businesswire.com/news/home/20181116005482/en/
United States:Janell Shields+1 (781)
357-3280investor@gidynamics.com
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