Leading Advisory Firm, PROXY Governance, Recommends Avigen Shareholders Vote on GOLD Card to Remove Incumbent Directors and Elec
March 23 2009 - 8:00AM
PR Newswire (US)
NEW YORK, March 23 /PRNewswire/ -- Biotechnology Value Fund, L.P.
("BVF") today announced that PROXY Governance, widely recognized as
a leading independent proxy advisory firm, has recommended that
shareholders vote for all BVF Proposals on the GOLD proxy card for
the special meeting of Avigen, Inc. (NASDAQ:AVGN) to be held on
March 27, 2009. In its report PROXY Governance notes, "Under
ordinary circumstances we believe the dissidents (BVF) must clear a
high bar to justify a change in control of the board, and a still
higher bar to remove a sitting CEO from the board. Given that the
company is now in hibernation mode and a sale or liquidation is
imminent, however - and the strong argument the dissidents have
presented that shareholders face substantial risk if the board will
not guarantee downside protection for their liquidity option - we
believe shareholders would be best served by replacing the
incumbent board with the dissident slate of nominees." The report
further notes, "that shareholders best interests are better served
by the dissidents. We take the dissidents at their word that they
would pursue the best offer which guaranteed the liquidity downside
because - as a fund with a clear fiduciary obligation to its
investors, and no economic relationship with MediciNova - their
interests are clearly aligned with all other shareholders in the
pursuit of that goal." Mark Lampert, BVF Partner, stated, "We are
gratified that PROXY Governance, a leader among the proxy advisory
services, after thoughtful and insightful analysis, has recommended
Avigen stockholders support our efforts to remove the current Board
of Directors and replace them with our stockholder-oriented
director nominees. We once again urge all stockholders to vote the
GOLD proxy card for all BVF Proposals today." RiskMetrics Group,
another leading independent proxy advisory service stated in their
report, "the underperformance to peer indexes, positive market
reaction to dissident involvement, the reactive nature of the
company, governance concerns and the likely diverging incentive and
risk tolerance of management and other shareholders such as BVF, we
believe some change is needed and the board could benefit from
greater shareholder representation." Mr. Lampert commented, "While
we disagree with RiskMetrics' reluctance to recommend replacing the
full Avigen Board, we do agree with the report's description of the
Board's many failings. We encourage all shareholders to read these
independent reports carefully." DATASOURCE: Biotechnology Value
Fund, L.P. CONTACT: Mark H. Harnett of MacKenzie Partners, Inc. for
Biotechnology Value Fund, L.P., +1-212-929-5500
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