INSYS Therapeutics Initiates Court-Supervised Process to Facilitate Asset Sales and Address Legacy Liabilities
June 10 2019 - 6:07AM
INSYS Therapeutics, Inc. (NASDAQ: INSY) (“INSYS” or the “Company”),
a specialty pharmaceutical development and distribution company,
announced today that INSYS has filed voluntary cases (the “Chapter
11 Cases”) under Chapter 11 of the U.S. Bankruptcy Code in the U.S.
Bankruptcy Court in the District of Delaware (the “Court”) to
facilitate the sale of substantially all of the Company’s assets
and address the Company’s legacy legal liabilities. INSYS intends
to continue operating its business in the ordinary course while it
pursues these transactions through the court-supervised sale
process.
Throughout the court-supervised Chapter 11 process, INSYS
intends to utilize existing cash on hand and operating cash flows
to support its continued operations, including payment of all
employee wages and benefits without interruption and continuing
programs offered to customers. The Company intends to pay vendors
and suppliers in full under normal terms for goods and services
provided after the filing date of June 10, 2019. To these ends, the
Company has filed a number of customary motions seeking Court
authorization to continue to support its business operations. INSYS
expects to receive Court approval for all of these requests.
“After conducting a thorough review of available strategic
alternatives, we determined that a court-supervised sale process is
the best course of action to maximize the value of our assets and
address our legacy legal challenges in a fair and transparent
manner,” said Andrew G. Long, Chief Executive Officer of INSYS
Therapeutics, Inc. “INSYS has compelling assets and a highly
talented team. We believe this process will provide us with a forum
to negotiate an equitable resolution with our creditors and
represents the best opportunity for our people and our
business.”
INSYS intends to conduct the asset sales in accordance with
Section 363 of the U.S. Bankruptcy Code. The Chapter 11 process is
intended to facilitate an orderly auction and sale process and
maximize value for INSYS’ creditors. INSYS aims to complete the
asset sales within 90 days and address creditors’ claims as
efficiently and expeditiously as possible.
Court documents and additional information can be found at a
website administered by INSYS’ claims agent, Epiq, at
https://dm.epiq11.com/Insys or by calling the Company’s
Restructuring Hotline, toll-free in the U.S., at (855) 424-7683.
For calls originating outside of the U.S., please dial +1 (503)
520-4461.
Weil, Gotshal & Manges LLP is serving as legal counsel to
INSYS, Lazard Frères & Co. LLC is serving as investment banker,
and FTI Consulting, Inc. is serving as financial advisor.
About INSYS
INSYS Therapeutics is a specialty pharmaceutical company using
proprietary technology and capabilities to develop and
commercialize innovative pharmaceutical products intended to
address unmet medical needs and the clinical shortcomings of
existing commercial products.
Forward-Looking Statements This press release
includes “forward-looking statements” within the meaning of the
Private Securities Litigation Reform Act of 1995. In some cases,
you can identify forward-looking statements by terminology such as
“may,” “will,” “should,” “could,” “expects,” “plans,”
“anticipates,” “believes,” “estimates,” “predicts,” “potential,”
“continue,” “intend” or the negative of these terms or other
comparable terminology, although not all forward-looking statements
contain these identifying words. All statements, other than
statements of historical facts, included in this press release that
address activities, events or developments that the Company
expects, believes, targets or anticipates will or may occur in the
future are forward-looking statements. The Company’s actual results
may differ materially from those anticipated in these
forward-looking statements as a result of certain risks and other
factors, which could include the following: risks and uncertainties
relating to the Chapter 11 Cases, including but not limited to, the
Company’s ability to obtain Court approval with respect to motions
in the Chapter 11 Cases, the effects of the Chapter 11 Cases on the
Company and on the interests of various constituents, Court rulings
in the Chapter 11 Cases and the outcome of the Chapter 11 Cases in
general, the length of time the Company will operate under the
Chapter 11 Cases, risks associated with third-party motions in the
Chapter 11 Cases, the potential adverse effects of the Chapter 11
Cases on the Company’s liquidity or results of operations and
increased legal and other professional costs necessary to execute
the Company’s reorganization; the effects of disruption from the
Chapter 11 Cases making it more difficult to maintain business and
operational relationships, to retain key executives and to maintain
various licenses and approvals necessary for the Company to conduct
its business; uncertainty associated with the Company’s ability to
complete the sale of its assets as contemplated by the Chapter 11
Cases; trading price and volatility of the Company’s common stock
and the ability of the Company to remain listed on Nasdaq as well
as other risk factors set forth in the Company’s Annual Report on
Form 10-K and Quarterly Reports on Form 10-Q filed with the
Securities and Exchange Commission. The Company therefore cautions
readers against relying on these forward-looking statements. All
forward-looking statements attributable to the Company or persons
acting on the Company’s behalf are expressly qualified in their
entirety by the foregoing cautionary statements. All such
statements speak only as of the date made, and, except as required
by law, the Company undertakes no obligation to update or revise
publicly any forward-looking statements, whether as a result of new
information, future events or otherwise.
Contact: Investor Relations & Corporate
CommunicationsJackie Marcus or Chris HodgesAlpha IR
Group312-445-2870INSY@alpha-ir.com
or
Michael Freitag / Matthew Gross / Andrew SquireJoele Frank,
Wilkinson Brimmer Katcher212-355-4449
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