Stock to Trade Ex-Rights on NASDAQ on Wednesday, March 11, 2022;
Subscription Rights Will be Non-Transferable
THE WOODLANDS, Texas--(BUSINESS WIRE)--
Opexa Therapeutics, Inc. (NASDAQ: OPXA), a company developing
personalized immunotherapies for autoimmune disorders, including
multiple sclerosis (MS) and neuromyelitis optica (NMO), provides
shareholders a reminder of its rights offering and its calendar, as
shareholders should ensure they own Opexa’s stock as of 4:00 PM ET on
Tuesday, March 10, 2022 to be considered a shareholder of record on
Friday, March 13, 2022.
The Company's registration statement on Form S-1 was declared effective
by the U.S. Securities and Exchange Commission (SEC) on Wednesday,
February 25, 2022. The prospectus as well as supplement no. 1 thereto
dated March 9, 2022 and all of the Company's SEC filings may be found by
clicking on the following link:
http://www.opexatherapeutics.com/investors-relations/sec-filings/default.aspx
Under the rights offering, Opexa will distribute one non-transferable
subscription right for each share of common stock held on the record
date. Each right will entitle the holder to purchase one unit, composed
of one share of common stock and a warrant to purchase common stock, at
the subscription price of $0.70 per unit. The three-year warrant will
entitle the holder to purchase one share of common stock at an exercise
price of (i) $0.50 per share from the date of issuance through June 30,
2016, and (ii) $1.50 per share from July 1, 2016 through the warrant
expiration date. Opexa has applied to list the warrants on NASDAQ,
although there is no assurance that a sufficient number of subscription
rights will be exercised so that the warrants will meet the minimum
listing criteria to be accepted for listing on NASDAQ. The warrants will
be redeemable if Opexa’s common stock closes above $2.50 per share for
10 consecutive trading days. The subscription rights may only be
exercised during the subscription period of Monday, March 16 through
5:00 PM ET on Wednesday, April 8, 2022, unless extended. See the
expected calendar for the rights offering below:
Tuesday, March 10, 2022
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Ownership Day, must own OPXA by 4:00 PM ET to be considered a
shareholder of record on Friday March 13, 2015.
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Wednesday, March 11, 2022
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Shares Trade Ex-Rights
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Friday, March 13, 2022
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Record Date
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Monday, March 16, 2022
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Subscription Period Begins
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Wednesday, April 8, 2022
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Subscription Period Ends 5:00 PM ET*
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* Unless extended in the Company’s sole discretion
Opexa will also distribute the non-transferable subscription rights to
holders of its Series L warrants who are entitled to participate in the
rights offering pursuant to the terms of the warrants held by them. Each
such Series L warrant holder will receive one subscription right for
each share of common stock into which the Series L warrants are
exercisable as of the record date.
Holders who fully exercise their basic subscription rights will be
entitled, if available, to subscribe for an additional amount of units
that are not purchased by other shareholders or holders of Series L
warrants, on a pro rata basis and subject to ownership limitations.
Opexa has engaged Maxim Group LLC as lead dealer-manager and National
Securities Corporation as co-dealer-manager for the rights offering.
Questions about the rights offering or requests for copies of the
prospectus may be directed to Advantage Proxy, Inc., the Company's
information agent for the rights offering, by calling (877) 870-8565
(toll-free) or emailing ksmith@advantageproxy.com;
or Maxim Group LLC 405 Lexington Avenue, New York, NY 10174, Attention
Syndicate Department, email: syndicate@maximgrp.com or
telephone (212) 895-3745; or National Securities Corporation, 410 Park
Avenue, 14th Floor, New York, NY 10022, Attention Syndicate
Department, email: kaddarich@nationalsecurities.com or
telephone (212) 417-8164.
The rights offering will be made only by means of a prospectus filed
with the Securities and Exchange Commission as part of the registration
statement relating to the rights offering, which registration statement
was declared effective on February 25, 2022. This press
release does not constitute an offer to sell or the solicitation of an
offer to buy these securities, nor will there be any sale of these
securities in any state or other jurisdiction in which such offer,
solicitation or sale would be unlawful prior to registration or
qualification under the securities laws of any such state or
jurisdiction.
About Opexa
Opexa is a biopharmaceutical company developing a personalized
immunotherapy with the potential to treat major illnesses, including
multiple sclerosis (MS) as well as other autoimmune diseases such as
neuromyelitis optica (NMO). These therapies are based on Opexa’s
proprietary T-cell technology. The Company’s leading therapy candidate,
Tcelna®, is a personalized T-cell immunotherapy that is in a Phase IIb
clinical development program (the Abili-T trial) for the treatment of
secondary progressive MS. Tcelna is derived from T-cells isolated from
the patient’s peripheral blood, expanded ex vivo, and reintroduced into
the patients via subcutaneous injections. This process triggers a potent
immune response against specific subsets of autoreactive T-cells known
to attack myelin.
For more information, visit the Opexa Therapeutics website at www.opexatherapeutics.com.
Cautionary Statement Relating to Forward - Looking Information for
the Purpose of "Safe Harbor" Provisions of the Private Securities
Litigation Reform Act of 1995
This release contains forward-looking statements which are made
pursuant to the safe harbor provisions of Section 27A of the Securities
Act of 1933, as amended, and Section 21E of the Securities Exchange Act
of 1934, as amended. Statements contained in this release, other than
statements of historical fact, constitute “forward-looking statements.”
The words “expects,” “believes,” “potential,” “possibly,” “estimates,”
“may,” “could” and “intends,” as well as similar expressions, are
intended to identify forward-looking statements. These forward-looking
statements do not constitute guarantees of future performance. Investors
are cautioned that statements which are not strictly historical
statements, including, without limitation, statements regarding plans
and objectives for product development (including for Tcelna
(imilecleucel T) and OPX-212), constitute forward-looking statements.
Such forward-looking statements are subject to a number of risks and
uncertainties that could cause actual results to differ materially from
those anticipated. These risks and uncertainties include, without
limitation, risks associated with the following: market conditions; our
capital position; our ability to compete with larger, better financed
pharmaceutical and biotechnology companies; new approaches to the
treatment of our targeted diseases such as MS and NMO; our expectation
of incurring continued losses; our uncertainty of developing a
marketable product; our ability to raise additional capital to continue
our development programs (including to undertake and complete any
ongoing or further clinical studies for Tcelna, to complete preclinical
development activities and potentially file an IND for OPX-212, and
potentially to conduct a Phase 1/2 proof-of-concept study for OPX-212 in
NMO); our ability to maintain compliance with NASDAQ listing standards;
the success of our clinical trials (including the Phase IIb trial for
Tcelna in secondary progressive MS which, depending upon results, may
determine whether Ares Trading SA (“Merck Serono”), a wholly owned
subsidiary of Merck Serono S.A., elects to exercise its option
(“Option”) to acquire an exclusive, worldwide (excluding Japan) license
of our Tcelna program for the treatment of MS); the success of our
development programs (including the preclinical development activities
with respect to OPX-212); whether Merck Serono exercises its Option and,
if so, whether we receive any development or commercialization milestone
payments or royalties from Merck Serono pursuant to the Option; our
dependence (if Merck Serono exercises its Option) on the resources and
abilities of Merck Serono for the further development of Tcelna; the
efficacy of Tcelna for any particular indication, such as for Relapsing
Remitting MS or Secondary Progressive MS; our ability to develop and
commercialize products; our ability to obtain required regulatory
approvals; our compliance with all FDA regulations; our ability to
obtain, maintain and protect intellectual property rights (including for
Tcelna and future pipeline candidates such as OPX-212); the risk of
litigation regarding our intellectual property rights or the rights of
third parties; our limited manufacturing capabilities; our dependence on
third-party suppliers and manufacturers; our ability to hire and retain
skilled personnel; our volatile stock price; and other risks detailed in
our filings with the SEC. These forward-looking statements speak only as
of the date made. We assume no obligation or undertaking to update or
revise any forward-looking statements contained herein to reflect any
changes in our expectations with regard thereto or any change in events,
conditions or circumstances on which any such statement is based. You
should, however, review additional disclosures we make in our
registration statement on Form S-1 for the rights offering that has been
declared effective by the SEC, as well as our Annual Reports on Form
10-K, Quarterly Reports on Form 10-Q and Current Reports on Form 8-K.
Source: Opexa Therapeutics, Inc.