Biotechnology Value Fund, L.P. Announces Overwhelming Support to Remove the Board of Directors of Avigen, Inc. at Special Meetin
March 27 2009 - 1:10PM
PR Newswire (US)
Concurs with Avigen's decision to return capital to stockholders
through liquidation SAN FRANCISCO, March 27 /PRNewswire/ --
Biotechnology Value Fund, L.P. ("BVF"), today announced that
stockholders of Avigen (NASDAQ:AVGN) voted overwhelmingly to remove
the existing Board of Directors of Avigen and replace them with
BVF's nominees. The vote took place earlier today at the special
meeting of Avigen stockholders called by BVF. The preliminary vote
count was approximately 58% in favor of removing Avigen's entire
Board and 12% against removal. Additionally, yesterday Avigen
finally offered what BVF and stockholders have consistently sought
but Avigen had steadfastly resisted: quantified downside
protection. Specifically, Avigen announced yesterday that it would
terminate merger discussions, implement a plan of liquidation and
return at least $1.20 per share to all stockholders. BVF supports
Avigen's decision, albeit a late one, and intends to work
constructively with the Board to maximize the return to
stockholders. Since the removal of the Board required the
affirmative vote of 66 2/3% of the outstanding shares -- a very
high hurdle -- the existing Board will remain in office and manage
the liquidation. Mark Lampert, BVF Founder and President stated,
"This is a great day for stockholder democracy -- stockholders have
spoken and their wishes have prevailed. Avigen's remaining capital
will not be squandered but, instead, will be returned to
stockholders so that each may decide how best to utilize their
capital. For our part, we will look to reinvest the proceeds into
the most promising small cap biotechnology companies that have the
greatest potential to improve peoples' lives. In the current
economic environment, the capital preserved through Avigen's
liquidation may be the difference between success and failure of
important new medicines." Oleg Nodelman, a Portfolio Manager with
BVF added, "We are deeply appreciative of the trust and support
placed in us by the majority of Avigen stockholders. We believe
their resounding support was directly responsible for the Board's
decision to discontinue its risky merger discussions and to
commence with a plan of liquidation. We are disappointed that
Avigen did not offer downside protection sooner so that the
significant capital consumed during this proxy contest could have
been returned to stockholders months ago. We also wish to
acknowledge the constructive and bold efforts of MediciNova
throughout this process. We encourage Avigen to engage with
MediciNova during the liquidation process; we intend to be helpful
in this regard." BVF's existing tender offer will terminate because
BVF's nominees were not elected at the special meeting. DATASOURCE:
Biotechnology Value Fund, L.P. CONTACT: Mark H. Harnett, MacKenzie
Partners, Inc., +1-212-929-5877
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