NUCRYST Announces the Completion of the Sale of its Acticoat Business
22 Dicembre 2009 - 7:57PM
PR Newswire (US)
PRINCETON, NJ, Dec. 22 /PRNewswire-FirstCall/ -- NUCRYST
Pharmaceuticals Corp. ("Nucryst") (TSX:NCS / NASDAQ:NCST) is
pleased to announce the closing of the previously announced sale of
substantially all of the assets of Nucryst pursuant to an asset
purchase agreement dated November 10, 2009, as amended, among
Nucryst, NUCRYST Pharmaceuticals Inc., Smith & Nephew Inc. and
Smith & Nephew (Overseas) Limited (the "Asset Sale"). The
closing of the Asset Sale was completed following approval of the
transaction by Nucryst shareholders at a Special Meeting of
Shareholders which was held on Monday, December 21, 2009. Of the
votes cast at the meeting, 99 per cent were in favour of the Asset
Sale. The meeting was also being held to consider a special
resolution (the "Amalgamation Resolution") to approve the proposed
amalgamation of Nucryst with a newly formed subsidiary of The
Westaim Corporation ("Westaim") to form Amalco (the
"Amalgamation"). Under the Amalgamation, Nucryst shareholders other
than Westaim will receive for each issued and outstanding share in
Nucryst one redeemable preferred share in the capital of Amalco,
which preferred share will be redeemed for US$1.77 in cash upon the
completion of the Amalgamation. Although the Amalgamation
Resolution was approved by Nucryst shareholders, with 99 per cent
of all votes cast and 99 per cent of the votes cast by minority
shareholders being in favour of the transaction, the meeting was
adjourned until 10:00 am mountain time on December 31, 2009 at the
same location as the December 21, 2009 meeting, following approval
of the Amalgamation Resolution. The purpose of the adjournment is
to afford Nucryst additional time to allow for the United States
regulatory review process associated with the Amalgamation, which
is a "going private" transaction under applicable United States
securities laws. While Nucryst believes it has met all applicable
disclosure requirements, it is possible that Nucryst will be
required to file and/or disseminate to shareholders additional
disclosure or take other actions regarding the proposed
Amalgamation before the Special Meeting of Shareholders will be
concluded and the Amalgamation completed. Following completion of
the Amalgamation, Nucryst intends to delist from the TSX and NASDAQ
stock exchanges. This news release is for information purposes only
and is not a substitute for the definitive agreements in relation
to the described transactions. There can be no assurance that the
closing conditions of the Amalgamation will be satisfied, that the
transaction will be completed as proposed or at all. About NUCRYST
Pharmaceuticals Corp. NUCRYST Pharmaceuticals Corp. (NASDAQ: NCST;
TSX: NCS) with the closing of the sale of the business consists
primary of cash and short-term investments and will no longer have
any income other than interest income on these balances. The
Company retains a few executive employees who are working towards
the closure of the Amalgamation. About Smith & Nephew plc.
Smith & Nephew is a global medical technology business,
specializing in Orthopaedics, including Reconstruction, Trauma and
Clinical Therapies, Endoscopy and Advanced Wound Management. Smith
& Nephew is a global leader in arthroscopy and advanced wound
management and is one of the leading global orthopaedics companies.
Smith & Nephew is dedicated to helping improve people's lives.
The Company prides itself on the strength of its relationships with
its surgeons and professional healthcare customers, with whom its
name is synonymous with high standards of performance, innovation
and trust. The Company operates in 32 countries around the world.
Annual sales in 2008 were nearly $3.8 billion. This news release
contains forward-looking statements within the meaning of
securities legislation in the United States and Canada
(collectively "forward-looking statements"). Forward-looking
statements in this news release include, but are not limited to,
statements regarding the completion of the proposed Amalgamation
described. With respect to the forward-looking statements contained
in this news release, readers are cautioned that numerous risks,
uncertainties and other factors could cause actual results or
events to differ materially from those indicated in these
statements including, but not limited to: the failure to satisfy
any of the conditions to closing of the amalgamation agreement;
future shareholder actions with respect to the proposed
amalgamation; our ability to satisfy regulatory and stock exchange
standards and requirements to complete the proposed Amalgamation;
the uncertainty of our future operating results following the
completion of the sale of the business. Although we have attempted
to identify the important risks, uncertainties and other factors
that could cause actual results or events to differ materially from
those expressed or implied in the forward-looking statements in
this release, there may be other factors that cause actual results
or events to differ from those expressed or implied in forward
looking statements. For a more thorough discussion of the risks
associated with our business, see the "Risk Factors" section in our
Annual Report on Form 10-K for the year ended December 31, 2008 and
in our Quarterly Reports on Form 10-Q for 2009 as filed with the
U.S. Securities and Exchange Commission on EDGAR at
http://www.sec.gov/ and with securities authorities in Canada on
SEDAR at http://www.sedar.com/. All forward-looking statements are
expressly qualified in their entirety by this cautionary statement
and NUCRYST disclaims any intention or obligation to revise or
update any forward-looking statements whether as a result of new
information, future developments or otherwise after the date
hereof. DATASOURCE: NUCRYST Pharmaceuticals Corp. CONTACT: David
Wills, Investor Relations, (416) 504-8464
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