Babylon Proceeds With Previously Announced Transaction and Announces the Receipt of Continued Listing Standards Notice from NYSE and Upcoming Delisting
June 28 2023 - 4:30PM
Business Wire
Babylon Holdings Limited (the “Company” or “Babylon”)
(NYSE:BBLN) previously announced in its June 23, 2023 press
release that the Company has received a proposal from AlbaCore
Capital LLP ("AlbaCore") and MindMaze Group SA ("MindMaze")
pursuant to which core operating subsidiaries of the Company would
be transferred to MindMaze (the “Proposed Transaction”). The
closing of the Proposed Transaction is expected in July 2023 and is
subject to agreed documentation, various conditions and appropriate
approvals, if required. The Proposed Transaction will not provide
for any payment to the Company’s Class A ordinary shareholders or
other equity instrument holders, as AlbaCore will be exercising
rights under its debt agreements with the Company to transition the
go-forward business by transferring core operating subsidiaries of
the Company to MindMaze.
The Company today announced that on June 22, 2023, the Company
received a notice (the “Notice”) from the New York Stock Exchange
(the “NYSE”) indicating the Company is not in compliance with
Section 802.01B and Section 802.01C of the NYSE Listed Company
Manual because (i) the Company’s average total market
capitalization over a consecutive 30 trading-day period was less
than $50 million and, at the same time, its last reported
shareholders’ equity was less than $50 million, and (ii) the
average closing price of the Company’s Class A ordinary shares on
the NYSE was less than $1.00 over a consecutive 30 trading-day
period.
In light of the expected closing of the Proposed Transaction in
July 2023, the Company does not intend to undertake actions to cure
the deficiencies described above and return to compliance with the
NYSE continued listing standards, and has notified the NYSE of this
decision. As a result, the Company expects the NYSE to immediately
suspend its Class A ordinary shares from trading on the NYSE under
the ticker symbol “BBLN”, and for the Class A ordinary shares to
transition to trading on the over-the-counter market. In addition,
the Company expects the NYSE to subsequently delist the Class A
ordinary shares from the NYSE in accordance with its procedures.
The Company will continue to comply with applicable Securities and
Exchange Commission (“SEC”) reporting requirements.
The Notice and the expected suspension of trading and subsequent
delisting of the Class A ordinary shares from the NYSE do not
affect the business operations of the Company and its subsidiaries,
and will have no impact on the Proposed Transaction.
About Babylon
At Babylon, our mission is to make quality healthcare widely
accessible and affordable. To this end we are building an
integrated digital first primary care service that can manage
population health at scale. Founded in 2013, we are reengineering
how people engage with their care at every step of the healthcare
continuum. Today, Babylon’s technology and clinical services
support a global patient network across 15 countries, and our
digital healthcare platform is capable of operating in 16
languages. Babylon is also working with governments, health
providers, employers and insurers across the globe to provide them
with a new digital-first platform that any partner can use to
deliver high-quality healthcare with lower costs and better
outcomes. For more information, please visit
www.babylonhealth.com.
Forward-Looking
Statements
This press release contains “forward-looking statements” as
defined in the Private Securities Litigation Reform Act of 1995.
Forward-looking statements generally relate to future events or our
future financial or operating performance. When used in this press
release, the words “estimates,” “projected,” “expects,”
“anticipates,” “forecasts,” “plans,” “intends,” “believes,”
“seeks,” “may,” “will,” “should,” “future,” “propose” and
variations of these words or similar expressions (or the negative
versions of such words or expressions) are intended to identify
forward-looking statements. These forward-looking statements
include, without limitation, the timing of the expected suspension
of trading and subsequent delisting of the Class A ordinary shares
from the NYSE, information concerning Babylon’s ability to
successfully implement the framework implementation agreement,
dated May 10, 2023, between Babylon and AlbaCore (the “Framework
Agreement”) and close the Proposed Transaction with AlbaCore and
MindMaze on the terms or timeframe currently contemplated, possible
or assumed future results of operations, business strategies, debt
levels, competitive position, industry environment and potential
growth opportunities.
These forward-looking statements are not guarantees of future
performance, conditions, or results, and involve a number of known
and unknown risks, uncertainties, assumptions and other important
factors, many of which are outside of Babylon’s management’s
control, that could cause actual results to differ materially from
the results discussed in the forward-looking statements. These
risks, uncertainties, assumptions and other important factors
include, but are not limited to: the timing of any suspension of
trading of or delisting of our Class A ordinary shares by the NYSE,
and any resulting adverse consequences to the Company; our ability
to continue as a going concern over the next twelve months; risks
associated with our debt financing agreements with AlbaCore,
including the impact of the restrictive covenants on our
operations; risks associated with the implementation of the
proposed take private transaction pursuant to the Framework
Agreement and our ability to enter into definitive agreements for
and close the Potential Transaction with AlbaCore and MindMaze on
the terms and timeframe currently contemplated; that we may require
additional financing and our ability to obtain additional financing
on favorable terms; our ability to timely identify and execute
strategic alternatives on favorable terms, including restructuring,
refinancing, an asset sale such as the proposed sale of the
independent physician association (IPA) business, a take private
transaction, and/or putting Babylon Holdings Limited into
administration under UK law or obtaining relief under the U.S.
Bankruptcy Code; risks and uncertainties associated with such
administration or bankruptcy proceedings; the diversion of our
senior management team’s attention from our business to pursuing
strategic alternatives, include the Proposed Transaction with
AlbaCore and MindMaze; the impact on our share price as a result of
announcements related to the Potential Transaction, including the
business combination with MindMaze; turnover in our senior
management team and other key talent; our future financial and
operating results, ability to generate profits in the future, and
timeline to profitability for Babylon as a whole and in our lines
of business; our ability to successfully execute our planned cost
reduction actions and realize the expected cost savings; the growth
of our business and organization; risks associated with impairment
of goodwill and other intangible assets; our failure to compete
successfully; our ability to renew contracts with existing
customers, and risks of contract renewals at lower fee levels, or
significant reductions in members, pricing or premiums under our
contracts due to factors outside our control; our dependence on our
relationships with physician-owned entities; our ability to
maintain and expand a network of qualified providers; our ability
to increase engagement of individual members or realize the member
healthcare cost savings that we expect; a significant portion of
our revenue comes from a limited number of customers; the
uncertainty and potential inadequacy of our claims liability
estimates for medical costs and expenses; risks associated with
estimating the amount and timing of revenue recognized under our
licensing agreements and value-based care agreements with health
plans; risks associated with our physician partners’ failure to
accurately, timely and sufficiently document their services; risks
associated with inaccurate or unsupportable information regarding
risk adjustment scores of members in records and submissions to
health plans; risks associated with reduction of reimbursement
rates paid by third-party payers or federal or state healthcare
programs; risks associated with regulatory proposals directed at
containing or lowering the cost of healthcare, including the ACO
REACH model; immaturity and volatility of the market for
telemedicine and our unproven digital-first approach; our ability
to develop and release new solutions and services; difficulty in
hiring and retaining talent to operate our business; risks
associated with our international operations, economic uncertainty,
or downturns; the impact of COVID-19 or any other pandemic,
epidemic or outbreak of an infectious disease in the United States
or worldwide on our business; risks associated with foreign
currency exchange rate fluctuations and restrictions; and the other
risks and uncertainties identified in Babylon’s Form 10-K filed
with the SEC on March 16, 2023 and Form 10-Q filed with the SEC on
May 10, 2023, and in other documents filed or to be filed by
Babylon with the SEC and available at the SEC’s website at
www.sec.gov.
Babylon cautions that the foregoing list of factors is not
exclusive and cautions readers not to place undue reliance upon any
forward-looking statements, which speak only as of the date made.
Except as required by law, Babylon does not undertake any
obligation to update or revise its forward-looking statements to
reflect events or circumstances after the date of this press
release.
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