Hemosol to Realize $16 million in Proceeds from Existing Tax Losses
February 12 2004 - 7:30AM
PR Newswire (US)
Hemosol to Realize $16 million in Proceeds from Existing Tax Losses
TORONTO, Feb. 12 /PRNewswire-FirstCall/ -- Hemosol Inc. (TSX: HML,
NASDAQ: HMSL) today announced that it has entered into an agreement
with MDS Inc. (TSX: MDS, NYSE: MDZ) under which Hemosol will
benefit from its existing accumulated income tax losses and other
tax assets through a reorganization of both Hemosol's business and
certain MDS diagnostic assets. The transaction will involve a cash
payment to Hemosol of $16 million along with certain other
consideration. "We are pleased to have this unique opportunity to
obtain critical cash resources to fund Hemosol's future business
activities," said Lee Hartwell, Chief Executive Officer of Hemosol.
"The proceeds from this transaction will allow us to continue with
a number of value-creating initiatives including: - the
implementation of the novel "Cascade" or plasma purification
technology developed by ProMetic Life Sciences and the American Red
Cross; - the opportunity to provide biomanufacturing services to
other biotech companies; and - further development of product
candidates in our research pipeline, including HEMOLINK." The
transaction will be effected under a statutory Plan of Arrangement
that will be subject to approval by the Superior Court of Justice
of Ontario and the shareholders and warrantholders of Hemosol Inc.,
as well as certain regulatory approvals. It is expected that a
special meeting of the Company's shareholders and warrantholders to
consider and vote on the Arrangement will be held as soon as
possible and no later than April 30, 2004. The Arrangement must be
approved by two-thirds of the votes cast by the shareholders and
warrantholders voting at the shareholders' meeting and by a
majority of the votes cast by minority shareholders voting at the
meeting. As part of the transaction, Hemosol shareholders will
exchange each common share of Hemosol Inc. for one common share of
Hemosol Corp., which will be the successor to Hemosol's current
business, and one Class A common share of Hemosol Inc. (to be
renamed Opco.) which will acquire an indirect interest in the
diagnostics business currently carried on by MDS. Following the
transaction, Hemosol Corp. will be held byexisting Hemosol
shareholders (including MDS) on the same pro-rata basis as Hemosol
Inc. was held prior to the transaction. MDS currently holds
approximately 12% of the outstanding shares of Hemosol Inc. Newly
formed Hemosol Corp. will own a 93% equityinterest in a new
partnership that will carry on Hemosol's current and future
business, with the remaining 7% being owned by Opco. MDS will hold
99.5% of the equity of Opco and existing Hemosol shareholders will
hold the remaining 0.5% through the Class A common shares to be
issued. It is a condition of closing that Hemosol Corp. be listed
on the TSX and NASDAQ. Also as part of the transaction, Hemosol
will decrease the total number of warrants issued, or to be issued
to MDS as consideration for thepreviously disclosed guarantee by
MDS of Hemosol's bank loan, from an aggregate of 10,000,000
warrants to a total of 7,500,000 warrants (which will become
Hemosol Corp. warrants). The Corporation's Board of Directors,
after careful review, and upon the recommendation of its
independent committee composed of three directors who are not
related to MDS (after receiving a fairness opinion from KPMG
Corporate Finance Inc.), has concluded that the transaction with
MDS is fair, from a financial point of view, to the Hemosol
shareholders, other than MDS. The Board of Directors has approved
the transaction and recommends that shareholders vote in favour of
the transaction. Details of the independent committee's and the
Board of Directors' recommendations, as well as the fairness
opinion of KPMG will be included in the information circular to be
mailed to the Hemosol shareholders in connection with the special
meeting. The Arrangement should not result in any tax payable by
Canadian resident shareholders, unless they sell the newly issued
shares of Hemosol Corp. or the shares of Opco which will be issued
as part of the transaction, in which case normal capital gains
taxes may apply. For shareholders who are U.S. taxpayers, this
transaction will likely be treated as a taxable distribution of
property by Hemosol. Depending upon whether Opco has earnings and
profits for the 2004 fiscal year, all or a portion of such
distribution may be taxable as a dividend. U.S. shareholders will
be urged to carefully review the information circular and to
consult their tax advisors in this regard. About Hemosol Inc.
Hemosol is a biopharmaceutical company focused on the development
and manufacturing of biologics, particularly blood-related
proteins. The Company has a broad range of novel therapeutic
products in development, including HEMOLINK(TM) (hemoglobin
raffimer), an oxygen therapeutic designed to rapidly and safely
improve oxygen delivery via the circulatory system. Hemosol also is
developing additional oxygen therapeutics, a hemoglobin-based drug
delivery platform to treat diseases such as hepatitis C and cancers
of the liver, and a cell therapy program initially directed to the
treatment of cancer. Hemosol intends to leverage its expertise in
manufacturing blood proteins and its state-of-the-art Meadowpine
manufacturing facility to seek additional strategic growth
opportunities. Hemosol Inc.'s common shares are listed on The
NASDAQ Stock Market under the trading symbol "HMSL" and on the
Toronto StockExchange under the trading symbol "HML". HEMOLINK is a
registered trademark of Hemosol Inc. Certain statements concerning
Hemosol's future prospects are "forward-looking statements" under
the United States Private Securities Litigation Reform Act of 1995.
There can be no assurances that future results will be achieved,
and actual results could differ materially from forecasts and
estimates. Important factors that could cause Hemosol's actual
results to differ materially from forecasts and estimatesinclude,
but are not limited to: the successful and timely completion of the
preclinical and clinical development of its products; Hemosol's
ability to obtain regulatory approvals for its products; Hemosol's
ability to manufacture or have manufactured its product in
commercial quantities and at competitive costs; the competitive
environment for therapeutic and non-therapeutic protein products
derived from human blood; the ability to obtain adequate funding
under acceptable terms to complete its development programs; and
other factors set forth in filings with Canadian securities
regulatory authorities and the U.S. Securities and Exchange
Commission. These risks and uncertainties, as well as others, are
discussed in greater detail in the filings of Hemosol with Canadian
securities regulatory authorities and the U.S. Securities and
Exchange Commission. Hemosol makes no commitment to revise or
update any forward-looking statements in order to reflect events or
circumstances after the date any such statement is made.
DATASOURCE: Hemosol Inc. CONTACT: Jason Hogan, Investor & Media
Relations, (416) 361-1331, 800-789-3419, (416) 815-0080 fax, ,
http://www.hemosol.com/; To request a free copy of this
organization's annual report, please go to http://www.newswire.ca/
and click on reports@cnw.
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