Acorda Therapeutics Announces Nasdaq Delisting Notification
April 03 2024 - 5:30PM
Business Wire
Acorda Therapeutics, Inc. (Nasdaq: ACOR) announced that Nasdaq
Stock Market ("Nasdaq") today notified the Company that it will
suspend trading in and delist the Company's common stock, effective
with the opening of business on April 12, 2024. The notice follows
the Company's April 1, 2024 announcement that it has reached an
agreement with Merz Therapeutics to acquire substantially all of
the assets of the Company. In connection with that announcement,
Acorda and certain of its affiliates filed voluntary petitions to
commence Chapter 11 proceedings in the U.S. Bankruptcy Court for
the Southern District of New York. Nasdaq commenced proceedings to
delist the Company’s common stock, based on the Company’s
noncompliance with Nasdaq Listing Rules 5101, 5110(b), and
IM-5101-1 as a result of the Company’s commencement of Chapter 11
proceedings and also because the Company was not in compliance with
Listing Rule 5450(b)(1)(A), which requires listed companies to
maintain stockholders’ equity of at least $10 million. Once the
delisting takes effect, Acorda expects its common stock to begin
trading on the Pink Open Market (commonly referred to as the “pink
sheets”).
About Acorda Therapeutics
Acorda Therapeutics develops therapies to restore function and
improve the lives of people with neurological disorders. INBRIJA®
is approved for intermittent treatment of OFF episodes in adults
with Parkinson’s disease treated with carbidopa/levodopa. INBRIJA
is not to be used by patients who take or have taken a nonselective
monoamine oxidase inhibitor such as phenelzine or tranylcypromine
within the last two weeks. INBRIJA utilizes Acorda’s innovative
ARCUS® pulmonary delivery system, a technology platform designed to
deliver medication through inhalation. Acorda also markets the
branded AMPYRA® (dalfampridine) Extended Release Tablets, 10
mg.
Forward-Looking Statements
This press release includes forward-looking statements. All
statements, other than statements of historical facts, regarding
management's expectations, beliefs, goals, plans or prospects
should be considered forward-looking. These statements are subject
to risks and uncertainties that could cause actual results to
differ materially, including: our ability to negotiate and confirm
a sale of substantially all of our assets under Section 363 of the
U.S. Bankruptcy Code (or any other plan of reorganization); the
high costs and related fees of cases instituted under the U.S.
Bankruptcy Code; our ability to obtain sufficient financing to
allow us to operate our business during the course of the Chapter
11 proceedings; our ability to satisfy the conditions and
milestones in the Restructuring Support Agreement between us and
certain of our noteholders; our ability to maintain our
relationships with our suppliers, service providers, customers,
employees and other third parties; our ability to maintain
contracts that are critical to our operations; our ability to
execute competitive contracts with third parties; the ability of
third parties to seek and obtain court approval to terminate
contracts and other agreements with us; our ability to retain our
current management team and to attract, motivate and retain key
employees; the ability of third parties to seek and obtain court
approval to convert the Chapter 11 proceedings to a proceeding
under Chapter 7 of the U.S. Bankruptcy Code; the actions and
decisions of our shareholders, creditors and other third parties
who have interests in the Chapter 11 proceedings that may be
inconsistent with our plans; our ability to successfully market
INBRIJA, AMPYRA, FAMPYRA or any other products that we may develop;
our ability to attract and retain key management and other
personnel, or maintain access to expert advisors; our ability to
raise additional funds to finance our operations, repay outstanding
indebtedness or satisfy other obligations, and our ability to
control our costs or reduce planned expenditures and take other
actions which are necessary for us to continue as a going concern;
risks related to the successful implementation of our business
plan, including the accuracy of our key assumptions; risks related
to our corporate restructurings, including our ability to outsource
certain operations, realize expected cost savings and maintain the
workforce needed for continued operations; risks associated with
complex, regulated manufacturing processes for pharmaceuticals,
which could affect whether we have sufficient commercial supply of
INBRIJA, AMPYRA or FAMPYRA to meet market demand; our reliance on
third-party manufacturers for the production of commercial supplies
of INBRIJA, AMPYRA and FAMPYRA; third-party payers (including
governmental agencies) may not reimburse for the use of INBRIJA,
AMPYRA or FAMPYRA at acceptable rates or at all and may impose
restrictive prior authorization requirements that limit or block
prescriptions; reliance on collaborators and distributors to
commercialize INBRIJA and FAMPYRA outside the U.S.; our ability to
satisfy our obligations to distributors and collaboration partners
outside the U.S. relating to commercialization and supply of
INBRIJA and FAMPYRA; competition for INBRIJA and AMPYRA, including
increasing competition and accompanying loss of revenues in the
U.S. from generic versions of AMPYRA (dalfampridine) following our
loss of patent exclusivity; competition from generic versions of
FAMPYRA (dalfampridine) following patent challenges in
jurisdictions outside of the U.S.; the ability to realize the
benefits anticipated from acquisitions because, among other
reasons, acquired development programs are generally subject to all
the risks inherent in the drug development process and our
knowledge of the risks specifically relevant to acquired programs
generally improves over time; the risk of unfavorable results from
future studies of INBRIJA (levodopa inhalation powder) or from
other research and development programs, or any other acquired or
in-licensed programs; the occurrence of adverse safety events with
our products; the outcome (by judgment or settlement) and costs of
legal, administrative or regulatory proceedings, investigations or
inspections, including, without limitation, collective,
representative or class-action litigation; failure to protect our
intellectual property, to defend against the intellectual property
claims of others or to obtain third-party intellectual property
licenses needed for the commercialization of our products; and
failure to comply with regulatory requirements could result in
adverse action by regulatory agencies.
These and other risks are described in greater detail in our
filings with the Securities and Exchange Commission. We may not
actually achieve the goals or plans described in our
forward-looking statements, and investors should not place undue
reliance on these statements. Forward-looking statements made in
this press release are made only as of the date hereof, and we
disclaim any intent or obligation to update any forward-looking
statements as a result of developments occurring after the date of
this press release, except as may be required by law.
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Tierney Saccavino tsaccavino@acorda.com
Acorda Therapeutics (NASDAQ:ACOR)
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