Stockholders of NantKwest Approve Merger With ImmunityBio
March 08 2021 - 4:30PM
Business Wire
NantKwest, Inc. (NASDAQ: NK), a clinical-stage, natural killer
cell-based therapeutics company, today announced that its
stockholders approved by the required vote each of the proposals
related to the pending merger of NantKwest and ImmunityBio, Inc.
presented at the special meeting of stockholders held earlier in
the day, including approval of the merger by a majority of
unaffiliated stockholders of NantKwest. Final voting results for
NantKwest’s special meeting of stockholders will be disclosed in a
Form 8-K to be filed by NantKwest with the Securities and Exchange
Commission.
The merger is expected to close on March 9, 2021, subject to the
satisfaction of customary closing conditions. Following the closing
of the transaction, the combined company will assume the
ImmunityBio name and its shares of common stock are expected to
trade on NASDAQ under the symbol “IBRX” commencing on March 10,
2021.
About NantKwest
NantKwest (NASDAQ: NK) is an innovative, clinical-stage,
immunotherapy company focused on harnessing the power of the innate
immune system to treat cancer and infectious diseases. NantKwest is
the leading producer of clinical dose forms of off-the-shelf
natural killer (NK) cell therapies. The activated NK cell platform
is designed to destroy cancer and virally-infected cells. The
safety of these optimized, activated NK cells—as well as their
activity against a broad range of cancers—has been tested in phase
I clinical trials in Canada and Europe, as well as in multiple
phase I and II clinical trials in the United States. By leveraging
an integrated and extensive genomics and transcriptomics discovery
and development engine, together with a pipeline of multiple,
clinical-stage, immuno-oncology programs, NantKwest’s goal is to
transform medicine by bringing novel NK cell-based therapies to
routine clinical care. NantKwest is a member of the NantWorks
ecosystem of companies. For more information, please visit
www.nantkwest.com.
Forward Looking Statements
This press release contains forward-looking statements relating
to the proposed transaction involving NantKwest and ImmunityBio,
including statements as to the expected timing, completion and
effects of the proposed transaction. Statements in this press
release that are not statements of historical fact are considered
forward-looking statements within the meaning of Section 27A of the
Securities Act of 1933, as amended (the “Securities Act”), and
Section 21E of the Securities Exchange Act of 1934, as amended (the
“Exchange Act”), which are usually identified by the use of words
such as “anticipates,” “believes,” “continues”, “could”,
“estimates,” “expects,” “intends,” “may,” “plans,” “potential”,
“predicts”, “projects,” “seeks,” “should,” “will,” and variations
of such words or similar expressions. These forward-looking
statements are neither forecasts, promises nor guarantees, and are
based on the current beliefs of NantKwest’s management and
ImmunityBio’s management as well as assumptions made by and
information currently available to NantKwest and ImmunityBio. Such
statements reflect the current views of NantKwest and ImmunityBio
with respect to future events and are subject to known and unknown
risks, including business, regulatory, economic and competitive
risks, uncertainties, contingencies and assumptions about NantKwest
and ImmunityBio, including, without limitation, (i) inability to
complete the proposed transaction because, among other reasons,
conditions to the closing of the proposed transaction may not be
satisfied or waived, (ii) uncertainty as to the timing of
completion of the proposed transaction, (iii) potential adverse
effects or changes to relationships with employees, suppliers or
other parties resulting from the announcement or completion of the
proposed transaction, (iv) the outcome of any legal proceedings
that may be instituted against the parties and others related to
the potential transaction between NantKwest and ImmunityBio, (v)
possible disruptions from the proposed transaction that could harm
NantKwest’s or ImmunityBio’s respective business, including current
plans and operations, (vi) unexpected costs, charges or expenses
resulting from the proposed transaction, (vii) uncertainty of the
expected financial performance of the combined company following
completion of the proposed transaction, including the possibility
that the expected synergies and value creation from the proposed
transaction will not be realized or will not be realized within the
expected time period, (viii) the ability of each of NantKwest or
ImmunityBio to continue its planned preclinical and clinical
development of its respective development programs, and the timing
and success of any such continued preclinical and clinical
development and planned regulatory submissions, (ix) inability to
retain and hire key personnel, and (x) the unknown future impact of
the COVID-19 pandemic delay on certain clinical trial milestones
and/or NantKwest’s or ImmunityBio’s operations or operating
expenses. More details about these and other risks that may impact
NantKwest’s business are described under the heading “Risk Factors”
in NantKwest’s most recent Quarterly Report on Form 10-Q and Annual
Report on Form 10-K filed with the U.S. Securities and Exchange
Commission (“SEC”) and in subsequent filings made by NantKwest with
the SEC, which are available on the SEC’s website at www.sec.gov.
NantKwest and ImmunityBio caution you not to place undue reliance
on any forward-looking statements, which speak only as of the date
hereof. NantKwest and ImmunityBio do not undertake any duty to
update any forward-looking statement or other information in this
press release, except to the extent required by law.
Additional Information and Where to Find It
In connection with the proposed transaction, NantKwest filed
with the SEC a registration statement on Form S-4 (the
“registration statement”), which included a prospectus and joint
proxy / solicitation statement of NantKwest and ImmunityBio (the
“solicitation statement/prospectus”). The registration statement
was declared effective on February 1, 2021 and the solicitation
statement/prospectus was first mailed to stockholders of NantKwest
on or about February 5, 2021. NantKwest may also file other
documents regarding the proposed transaction with the SEC. This
press release does not constitute an offer to sell or the
solicitation of an offer to buy any securities or a solicitation of
any vote or approval. This press release is not intended to be, and
is not, a substitute for such filings or for any other document
that NantKwest may file with the SEC in connection with the
proposed transaction. BEFORE MAKING ANY VOTING OR INVESTMENT
DECISION, INVESTORS AND SECURITY HOLDERS ARE URGED TO CAREFULLY
READ THE ENTIRE REGISTRATION STATEMENT AND SOLICITATION STATEMENT /
PROSPECTUS, AND ANY OTHER RELEVANT DOCUMENTS FILED WITH THE SEC, AS
WELL AS ANY AMENDMENTS OR SUPPLEMENTS TO THESE DOCUMENTS, CAREFULLY
AND IN THEIR ENTIRETY BECAUSE THEY CONTAIN OR WILL CONTAIN
IMPORTANT INFORMATION ABOUT THE PROPOSED TRANSACTION. Investors and
security holders are able to obtain free copies of the registration
statement and solicitation statement/prospectus and other documents
once they are filed with the SEC by NantKwest through the website
maintained by the SEC at www.sec.gov. In addition, investors and
security holders are able to obtain free copies of the prospectus
and other documents filed with the SEC on NantKwest’s website at
ir.nantkwest.com.
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version on businesswire.com: https://www.businesswire.com/news/home/20210308005845/en/
Investors Sarah Singleton NantKwest, Inc. 844-696-5235,
Option 5
Media Amy Jobe, Ph.D. LifeSci Communications 315-879-8192
ajobe@lifescicomms.com
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