Tegal Corporation Closes Acquisition of CollabRx, Inc. and Reports Inducement Grants Under Nasdaq Listing Rule 5635(c)(4)
July 16 2012 - 10:03AM
Business Wire
Tegal Corporation (NASDAQ: TGAL) today announced the closing of
a transaction to acquire CollabRx, Inc., a privately held
technology company in the rapidly growing market of interpretive
content and data analytics for genomics-based medicine.
Tegal will issue 236,433 shares of common stock, representing
14% of Tegal’s total shares outstanding prior to the closing, to
former CollabRx stockholders in exchange for 100% of the capital
stock of CollabRx, Inc. Tegal and certain former CollabRx
stockholders entered into a Stockholders Agreement providing for,
among other things, registration rights, transfer restrictions and
voting and standstill agreements. Tegal also assumed $500,000 of
existing CollabRx indebtedness through the issuance of 5-year
promissory notes in substitution for outstanding notes previously
issued by CollabRx.
The Chief Executive Officers of the two constituent companies,
Thomas Mika of Tegal and James Karis of CollabRx, plan to serve as
co-CEOs of the combined, publicly traded company, with headquarters
in San Francisco, CA. In connection with the closing, Mr. Karis was
also appointed to Tegal’s Board of Directors. Tegal will continue
to operate under its current name and ticker symbol for the time
being, but plans to seek stockholder approval at its upcoming
annual meeting in September 2012 for an amendment to its
Certificate of Incorporation, changing its corporate name to
CollabRx, Inc.
Tegal previously announced that, in connection with the
transaction, it would grant a total of 368,417 restricted stock
units (RSUs) and options as inducement grants to newly hired
management and employees, all subject to four-year vesting and
other restrictions. Mr. Karis’ inducement award consists of RSUs
covering 239,417 shares of common stock. 23,921 of the RSUs vested
immediately upon grant, 17,970 additional RSUs will vest on each
9-month anniversary and 12-month anniversary of the closing and
14,963 RSUs will vest each quarter thereafter, in each case subject
to Mr. Karis’ continued status as a service provider on each
applicable vesting date. Notwithstanding the foregoing, if Mr.
Karis’ employment with Tegal is terminated by Tegal other than for
“cause” or by Mr. Karis for “good reason” (each as defined in Mr.
Karis’ Employment Agreement with Tegal) on or after the second
anniversary of the closing, 29,926 additional RSUs will immediately
vest. Furthermore, if Mr. Karis’ employment with Tegal is
terminated by Tegal other than for cause or by Mr. Karis for good
reason within 3 months before or 12 months after a “change of
control” (as defined in Mr. Karis’ Employment Agreement with
Tegal), all of the RSUs will immediately vest. In addition, Tegal
granted non-qualified stock options to purchase an aggregate of
129,000 shares of common stock to seven additional former employees
of CollabRx joining Tegal in connection with the transaction. The
options have a term of 10 years and an exercise price of $3.94 per
share, which was the closing price of Tegal’s common stock on the
Nasdaq Capital Market on July 12, 2012. 10% of the options vested
immediately upon grant, 15% of the options will vest on the first
anniversary of the closing and 1/48 of the options will vest on the
last day of each month thereafter, in each case subject to the
applicable employee’s continued status as a service provider on
each applicable vesting date. The inducement grants were approved
by a majority of Tegal’s independent directors in accordance with
Nasdaq Listing Rule 5635(c)(4).
CollabRx offers cloud-based expert systems that provide
clinically relevant interpretive knowledge to institutions,
physicians, researchers and patients for genomics-based medicine in
cancer and other diseases to inform health care decision making.
With access to approximately 50 clinical and scientific advisors at
leading academic institutions and a suite of tools and processes
that combine artificial intelligence-based analytics with
proprietary interpretive content, the company is well positioned to
participate in the $300 billion value-added “big data” opportunity
in the U.S. health care market (as reported by McKinsey Global
Institute), over half of which specifically targets areas in cancer
and cancer genomics.1
CollabRx Therapy Finders™ are web-based apps that serve as one
type of user interface to access proprietary CollabRx content.
CollabRx content is dynamically updated and organized in a
knowledgebase that includes information on molecular diagnostics,
medical tests, clinical trials, drugs, biologics and other
information relevant for cancer treatment planning. Capturing how
highly respected practicing physicians use this information in the
clinical setting further refines the knowledgebase.
About Tegal
Since its founding in 1972, Tegal Corporation has been dedicated
to the development and application of emerging technologies. For 40
years, Tegal’s process and equipment know-how has been incorporated
in devices fabricated by some of the world’s leading semiconductor
and MEMS companies, including Tegal’s one-time parent, Motorola.
Now entering its fifth decade, Tegal has committed its future to
emerging technologies in medical devices and health care. Tegal is
currently headquartered in Petaluma, California. Please visit us on
the web at www.tegal.com.
About CollabRx
CollabRx is a recognized leader in “cloud-based” expert systems
to inform health care decision-making. CollabRx uses information
technology to aggregate and contextualize the world's knowledge on
genomics-based medicine with specific insights from the nation's
top cancer experts starting with the area of greatest need:
advanced cancers in patients who have effectively exhausted the
standard of care.
Safe Harbor Statement
This press release contains forward-looking statements that may
include statements regarding the intent, belief or current
expectations of Tegal, CollabRx and their respective management.
Forward looking statements include statements about the benefits
and advantages of the acquisition for Tegal and CollabRx. Actual
results could differ materially from those projected in the
forward-looking statements as a result of a number of important
factors, including but not limited to risks and uncertainties
related to Tegal’s ability to integrate CollabRx successfully, the
risk that the anticipated benefits from the acquisition may not be
fully realized or may take longer to realize than expected; and
competition and its effect on the combined company’s performance.
Additional factors that may affect future results are contained in
the SEC filings for Tegal, including but not limited to Tegal’s
Annual Report on Form 10-K for the year ended March 31, 2012. Tegal
and CollabRx each disclaim any obligation to update and revise
statements contained in this release based on new information or
otherwise.
1 “Big data: The next frontier for innovation, competition and
productivity”, McKinsey Global Institute, May 2011
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