Kezar Board Unanimously Rejects Unsolicited Concentra Proposal and Adopts Limited Duration Stockholder Rights Plan
October 17 2024 - 8:35AM
Business Wire
Kezar Life Sciences, Inc. (Nasdaq: KZR), a clinical-stage
biotechnology company developing novel small molecule therapeutics
to treat unmet needs in immune-mediated diseases, today announced
that its Board of Directors (the “Board”) has unanimously rejected
the previously disclosed unsolicited, non-binding proposal from
Concentra Biosciences, LLC (“Concentra”) to acquire all of the
outstanding shares of common stock of Kezar for cash consideration
of $1.10 per share, plus a contingent value right that represents
the right to receive 80% of the net proceeds from any out-license
or disposition of Kezar’s development programs or intellectual
property.
After careful consideration and with the assistance of its
independent financial and legal advisors, the Board unanimously
concluded that the Concentra proposal substantially undervalues the
Company. The proposal would result in an implied equity value for
Kezar stockholders that is materially below Kezar’s available
liquidity and fails to provide adequate value to reflect the
significant potential of zetomipzomib as a therapeutic candidate.
Accordingly, the Board determined that the proposal is not in the
best interests of Kezar and its stockholders. In addition, in
response to Concentra’s proposal and Concentra and its affiliates’
rapid accumulation of 9.9% of Kezar’s outstanding common stock, the
Board has adopted a limited duration stockholder rights plan,
effective immediately (the “Rights Plan”).
“Kezar continues to experience a significant and ongoing
dislocation in the trading price of its common stock which does not
reflect its fundamental value,” said Graham Cooper, Chairman of the
Board. “We intend the Rights Plan to enable all of our stockholders
to realize the long-term value of their investment. The Rights Plan
should reduce the likelihood that any person or group gains control
of Kezar through open market accumulation without paying all
stockholders an appropriate control premium or without providing
the Board sufficient time to make informed judgments and take
actions that are in the best interests of all stockholders.”
The Rights Plan does not prevent the Board from engaging with
parties or accepting an acquisition proposal, including from
Concentra, if the Board believes that it is in the best interests
of Kezar and all of its stockholders. The Rights Plan is similar to
other plans adopted by publicly held companies in comparable
circumstances, and does not contain any dead-hand, slow-hand,
no-hand or similar feature that limits the ability of a future
Board to redeem the rights.
In connection with the adoption of the Rights Plan, the Board
declared a dividend of one preferred share purchase right (a
“Right”) for each outstanding share of Kezar’s common stock as of
the close of business on October 28, 2024, the record date. The
Rights will be exercisable only if a person or group (an “Acquiring
Person”) acquires or launches a tender or exchange offer to acquire
beneficial ownership (which includes certain synthetic equity
interests) of 10% or more of Kezar’s outstanding common stock (15%
in the case of a passive institutional investor as described in the
Rights Plan). Any stockholders with beneficial ownership of Kezar’s
outstanding common stock above the applicable threshold as of the
time of this announcement are grandfathered at their current
ownership levels but are not permitted to increase their ownership
without triggering the Rights Plan. Once the Rights become
exercisable, each Right will entitle its holder (other than any
Acquiring Person, whose Rights will become void) to purchase, for
$7.16, additional shares of Kezar’s common stock having a market
value of twice such exercise price. In addition, the Rights Plan
has customary flip-over and exchange features.
The Rights Plan will expire on October 17, 2025, unless the
Rights are earlier redeemed or exchanged by Kezar.
Kezar stockholders do not need to take any further action at
this time.
Additional information regarding the Rights Plan will be
contained in a Form 8-K to be filed by Kezar with the U.S.
Securities and Exchange Commission.
About Kezar Life Sciences
Kezar Life Sciences is a clinical-stage biopharmaceutical
company developing novel small molecule therapeutics to treat unmet
needs in immune-mediated diseases. For more information, visit
www.kezarlifesciences.com, and follow us on LinkedIn, Facebook,
Twitter and Instagram.
Cautionary Note on Forward-looking Statements
This press release contains forward-looking statements within
the meaning of the Private Securities Litigation Reform Act of
1995. Words such as “may,” “will,” “can,” “should,” “expect,”
“believe,” “potential,” “anticipate” and similar expressions (as
well as other words or expressions referencing future events,
conditions or circumstances) are intended to identify
forward-looking statements. These forward-looking statements are
based on Kezar’s expectations and assumptions as of the date of
this press release. Each of these forward-looking statements
involves risks and uncertainties that could cause Kezar’s future
results or performance to differ materially from those expressed or
implied by the forward-looking statements. There can be no
assurance that the non-binding proposal or any other acquisition
proposal will result in a formal offer or that any such offer will
ultimately result in a completed transaction. Many factors may
cause differences between current expectations and actual results,
including those factors that are discussed in Kezar’s filings with
the U.S. Securities and Exchange Commission, including the “Risk
Factors” contained therein. Except as required by law, Kezar
assumes no obligation to update any forward-looking statements
contained herein to reflect any change in expectations, even as new
information becomes available.
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version on businesswire.com: https://www.businesswire.com/news/home/20241017339321/en/
Investor and Media Contact: Gitanjali Jain Senior Vice
President, Investor Relations and External Affairs Kezar Life
Sciences, Inc. gjain@kezarbio.com
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