ADVENTRX Pharmaceuticals Announces Financing
05 August 2009 - 6:48PM
PR Newswire (US)
SAN DIEGO, Aug. 5 /PRNewswire-FirstCall/ -- ADVENTRX
Pharmaceuticals, Inc. (NYSE Amex: ANX) announced today that it has
obtained a commitment to purchase shares of convertible preferred
stock pursuant to a registered direct offering to a single
institutional investor, representing gross proceeds of
approximately $0.9 million. Twelve and one-half percent, or
$115,250, of the gross proceeds will be placed in an escrow
account, which amounts will be released to make the dividend and
other payments described below. The preferred stock is convertible
into shares of ADVENTRX's common stock at the option of the
investor at a price of $0.13 per share and will accrue a 5%
cumulative dividend until February 10, 2012. If the convertible
preferred stock is converted at any time prior to February 10,
2012, ADVENTRX will pay the holder an amount equal to the total
dividend that would accrue on the convertible preferred stock from
the conversion date through February 10, 2012, or $125 per $1,000
principal amount of notes converted less any dividend payments made
with respect to the converted convertible preferred stock. The
closing of the offering is expected to take place on or before
August 10, 2009, subject to the satisfaction of customary closing
conditions. ADVENTRX plans to use the net proceeds from the
offering to fund activities necessary to advance ANX-530
(vinorelbine emulsion) toward commercialization in the U.S. and to
continue development of ANX-514 (docetaxel emulsion), and for
general corporate purposes. The shares are being offered by
ADVENTRX pursuant to an effective shelf registration statement
filed with the Securities and Exchange Commission ("SEC"). A
prospectus supplement relating to the offering will be filed with
the SEC. Rodman & Renshaw, LLC, a wholly owned subsidiary of
Rodman & Renshaw Capital Group, Inc. (NASDAQ:RODM), acted as
the exclusive placement agent for the transaction. This press
release shall not constitute an offer to sell or the solicitation
of an offer to buy nor shall there be any sale of the securities in
any state or 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. The securities
may only be offered by means of a prospectus. Copies of the
prospectus supplement and accompanying base prospectus can be
obtained directly from the ADVENTRX at 6725 Mesa Ridge Road, Suite
100, San Diego, California 92121 or from the SEC's website at
http://www.sec.gov/. About ADVENTRX Pharmaceuticals ADVENTRX
Pharmaceuticals is a biopharmaceutical company whose product
candidates are designed to improve the safety of existing cancer
treatments. More information can be found on the Company's web site
at http://www.adventrx.com/. Forward Looking Statement ADVENTRX
cautions you that statements included in this press release that
are not a description of historical facts are forward-looking
statements that involve risks and assumptions that, if they
materialize or do not prove to be accurate, could cause ADVENTRX's
results to differ materially from historical results or those
expressed or implied by such forward-looking statements. These
risks and uncertainties include, but are not limited to: the risk
that ADVENTRX's common stock will be delisted by the NYSE Amex,
including as a result of failing to comply with applicable
stockholder approval requirements or failing to maintain sufficient
stockholders' equity or a sufficient stock price; the risk that the
provisions of Delaware General Corporation Law will prohibit
ADVENTRX from making the dividend and other payments due its 5%
Series C convertible preferred stock (or to the holders thereof),
which may be a breach of its certificate of incorporation or other
contractual obligations and expose ADVENTRX to corresponding
liability; the risk that ADVENTRX will be unable to raise
sufficient additional capital on a timely basis to submit an NDA
for ANX-530, to fund operations or pre-launch activities during the
FDA review period if an NDA is submitted or launch activities
should an NDA for ANX-530 be approved; the risk that ADVENTRX will
be unable to raise sufficient additional capital on a timely basis
to continue as a going concern; the risk that ADVENTRX will seek
protection under the provisions of the U.S. Bankruptcy Code; the
risk that, if ADVENTRX liquidates its assets, the capital available
for distribution to stockholders, if any, will be insignificant;
difficulties or delays in manufacturing, obtaining regulatory
approval for and marketing ANX-530 and ANX-514, including
validating commercial manufacturing processes and manufacturers, as
well as suppliers, and the potential for automatic injunctions
regarding FDA approval of ANX-514; the risk that the performance of
third parties on whom ADVENTRX relies to conduct its studies or
evaluate the data, including clinical investigators, expert data
monitoring committees, contract laboratories and contract research
organizations, may be substandard, or they may fail to perform as
expected; the risk that ADVENTRX's significantly reduced workforce
and leadership by officers who do not have substantial previous
experience in executive leadership roles will negatively impact its
ability to raise capital or maintain effective disclosure controls
and procedures or internal control over financial reporting; the
risk that ADVENTRX's common stock will be delisted by the NYSE
Amex, including as a result of failing to maintain sufficient
stockholders' equity or a sufficient stock price; the risk that
ADVENTRX will be unable to file timely required reports with the
Securities and Exchange Commission; the risk that ADVENTRX will
trigger a "maintenance failure" under that certain Rights
Agreement, dated July 27, 2005, as amended, and be required to pay
liquidated damages, including as a result of losing its eligibility
to use Form S-3 if its common stock is delisted from the NYSE Amex
or ADVENTRX is not timely in its filings with the Securities and
Exchange Commission; and other risks and uncertainties more fully
described in ADVENTRX's press releases and in the prospectus
supplement relating to this offering, which will be filed with the
Securities and Exchange Commission. ADVENTRX's public filings with
the Securities and Exchange Commission are available at
http://www.sec.gov/. You are cautioned not to place undue reliance
on these forward-looking statements, which speak only as of the
date when made. ADVENTRX does not intend to update any
forward-looking statement as set forth in this press release to
reflect events or circumstances arising after the date on which it
was made. DATASOURCE: ADVENTRX Pharmaceuticals, Inc. CONTACT: Brian
Culley, Principal Executive Officer of ADVENTRX Pharmaceuticals,
+1-858-552-0866; or Investors, Don Markley of Lippert/Heilshorn
& Associates, Inc., +1-310-691-7100, , for ADVENTRX
Pharmaceuticals Web Site: http://www.adventrx.com/
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