Avoro Capital Urges Acceleron Shareholders Not to Tender Into Merck’s Inadequate Offer
November 17 2021 - 2:26PM
Business Wire
Believes Transaction Comes at the Wrong Time,
With the Wrong Price, and Following the Wrong Process
Remains Confident in Company’s Standalone
Opportunities – Given Strong Momentum and Near-Term Inflection
Point Coming from Phase 3 Data
Stands Ready to Help an Independent Acceleron
Succeed
Avoro Capital Advisors (“Avoro”), a long-term and collaborative
investor in life sciences and biotechnology companies, together
with certain of its affiliates and managed funds (“Avoro,” “we” or
“us”) beneficially owns approximately 7% of Acceleron Pharma Inc.
(Nasdaq: XLRN) (“Acceleron,” “XLRN” or the “Company”), making Avoro
one of the Company’s most significant shareholders. Avoro today
issued the following statement reiterating why it believes that
shareholders should not tender their Acceleron shares into the
Merck & Co. Inc. (NYSE: MRK) (“Merck”) tender offer for $180
per share (the “Tender Offer”):
“As the Company’s third-largest shareholder,
we are deeply committed to Acceleron’s success and believe the
Company will create significant value for shareholders in the
future. We continue to believe that the proposed transaction with
Merck is ill-timed, undervalues the Company, and is the result of a
wholly inadequate process. That is why we are not going to tender
our shares in support of the transaction.
Others agree. Several other large,
biotechnology and pharmaceutical specialist funds have publicly
stated their opposition to this transaction and their intent not to
tender their shares. Leading independent proxy advisory firm
Institutional Shareholder Services, Inc., recently noted1 the
‘significant opposition from XLRN shareholders arguing that the
deal does not properly compensate investors’ and provided a long
list of ‘recent examples of acquisitions by tender offer that had
to be raised before being completed’ because the use of a tender
offer ‘to circumvent a shareholder vote … potentially … serve[s] as
a signal to shareholders that they may have leverage to seek better
terms.’
Acceleron is at a pivotal moment and is
poised to create significant value in one year or less after the
STELLAR phase 3 trial data is available. The Company should not
transact – and certainly not at this price – before those results
are known. If the Company believes it needs capital, there are many
alternatives for financing, such as a royalty financing for its
Reblozyl franchise.
We remain committed to assisting a standalone
Acceleron succeed – including by helping to modify the composition
of its Board of Directors by adding individuals with relevant
experience and expertise.
We urge all Acceleron shareholders NOT to
tender into this inadequate offer and abandon the opportunity for
significant future value creation.”
About Avoro Capital L.P.
Avoro Capital L.P., is the parent of Avoro Capital
Advisors LLC (“Avoro Capital Advisors”) and Avoro Ventures
LLC (“Avoro Ventures”). Avoro Capital Advisors is an
SEC-registered investment manager located in New York City,
investing in public and private equity companies focused primarily
on life sciences and biotechnology. Managing Partner, Behzad
Aghazadeh PhD, has over 25 years of experience spent in scientific
research, healthcare consulting, institutional investment and
executive leadership within the healthcare sector, and is supported
by a team of seasoned professionals with advanced medical and
scientific backgrounds, and extensive investment experience in the
biopharmaceutical industry.
Forward-Looking Statements and Additional Information
This communication contains forward-looking statements.
Forward-looking statements are statements that are not historical
facts and may include projections and estimates and their
underlying assumptions, statements regarding plans, objectives,
intentions and expectations with respect to future financial
results, events, operations, services, product development and
potential, and statements regarding future performance.
Forward-looking statements are generally identified by the words
“expects,” “anticipates,” “believes,” “intends,” “estimates,”
“plans,” “will be” and similar expressions. These forward-looking
statements include, without limitation, statements regarding the
planned completion of the transactions contemplated by the Tender
Offer. Although Avoro believes that the expectations reflected in
such forward-looking statements are reasonable, investors are
cautioned that forward-looking information and statements are
subject to various risks and uncertainties, many of which are
difficult to predict and generally beyond the control of Avoro,
Merck or Acceleron, that could cause actual results and
developments to differ materially from those expressed in, or
implied or projected by, the forward-looking information and
statements. These risks and uncertainties are enumerated in
Acceleron’s public filings and recent public communications
regarding the Tender Offer by Acceleron and Merck. In addition, the
foregoing considerations and any other publicly stated risks and
uncertainties should be read in conjunction with the risks and
cautionary statements discussed or identified in the public filings
with the U.S. Securities and Exchange Commission (the “SEC”) made
by Merck and Acceleron, including those listed under “Risk Factors”
in Merck’s annual reports on Form 10-K and quarterly reports on
Form 10-Q and Acceleron’s annual reports on Form 10-K and quarterly
reports on Form 10-Q and current reports on Form 8-K filed with the
SEC. The forward-looking statements speak only as of the date
hereof and, other than as required by applicable law, Avoro does
not undertake any obligation to update or revise any
forward-looking information or statements. Unless otherwise noted,
Avoro has neither sought nor obtained permission to use third party
statements reproduced herein.
1 Permission to quote ISS was neither sought nor obtained.
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Media Contact Sloane & Company Dan Zacchei / Joe
Germani dzacchei@sloanepr.com / jgermani@sloanepr.com
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