AnorMED responds to shareholder's SEC filing
20 Februar 2006 - 2:00PM
PR Newswire (US)
VANCOUVER, Feb. 20 /PRNewswire-FirstCall/ -- AnorMED Inc. (TSX:AOM,
AMEX:AOM) provides shareholders with additional information
regarding a filing of a further amendment to a Schedule 13D filing
with the United States Securities and Exchange Commission by Felix
J. Baker and Julian C. Baker. Mr. David Scott, Chairman of the
Special Committee of the Board of Directors of AnorMED Inc., has
responded to Mr. Baker, in a letter which can be found on the
Company's website at http://www.anormed.com/. Contrary to the
position put forward by Mr. Baker, the Chairman of AnorMED as well
as other members of the Special Committee and management have been
actively meeting and talking to him in a concerted effort to come
to an agreement on a group of directors that is satisfactory to
all. Unfortunately, to date Mr. Baker has been unwilling to consent
to the consideration of a Board that is fully independent of
himself and the shareholders he represents and insists that a
majority of the Board come from his slate of candidates. The most
recent proposal made to Mr. Baker by AnorMED was a Board of
Directors that consisted of: Michael Abrams, Felix Baker, three of
the existing Directors and four new independent Directors to be
mutually agreed upon by members of the Board, including Mr. Baker.
This proposal and the timing of such changes are still open for
discussion with Mr. Baker. The willingness of the Company to
replace and/or add new directors is consistent with AnorMED's past
practice. The Company's goal has always been to recruit independent
Directors, as necessary, that bring relevant business and industry
experience and who will act in the best interests of all AnorMED
shareholders. Consistent with this goal, the approach taken by the
Special Committee has been, and will continue to be, to try and
reach an agreement with Mr. Baker and those shareholders
represented by him so that the Special Meeting will not be
required. As announced by the Company in its release on February 2,
2006, a Special Committee was created to consider the requisition
of the Special Meeting and the issues raised by that requisition.
The formation of this Committee reflects best practices for
situations of this nature and the Company's intention to follow an
independent approach to dealing with the requisition and
consequential matters. The Schedule 13D filing amendment by Messrs.
Baker does not sufficiently describe the formation and mandate of
the Special Committee, or his participation in the current Board. -
The formation and mandate of the Special Committee were approved by
the majority of the AnorMED Board. As a member of the Board, Mr.
Baker participated at this directors' meeting. The mandate of the
Special Committee allows the committee to establish its own
procedures and to retain such advisers as it considers appropriate.
- The primary mandate of the Special Committee includes evaluating
the concerns of the shareholders that have requested the Special
Meeting, as well as the views of other shareholders, and to take
such steps, if any, as the Special Committee deems appropriate to
address such concerns. Mr. Baker suggests that due to the mandate
of the Special Committee, he has been excluded from participation
in the evaluation of Company strategy and direction. What he fails
to disclose is that while the Special Committee is to consider and
make recommendations to the Board of Directors on fundamental
issues such as the calling of the shareholders meeting, it is not
in its mandate to implement any such decision that the Special
Committee may otherwise wish to have made. As a result, all such
recommendations of the Special Committee are made to the Board of
Directors who are then obligated to meet as a Board, including Mr.
Baker, at which time the Board will decide as they deem
appropriate. Company strategy and direction is, and has always
been, a Board decision. - The Special Committee recommended the
adoption of a Shareholder Rights Plan to the Board. This
recommendation was subsequently approved by the majority of the
Board with Mr. Baker in attendance. - The objective of the
Shareholder Rights Plan is to promote fair and equal treatment for
all shareholders in the event of a bid to buy the Company. The Plan
provides the Board time to explore and develop alternatives in
order to maximize shareholder value. The Plan is not intended to
deter bids. The Plan is similar to plans adopted by other Canadian
companies. It will be placed before the shareholders of the Company
for their approval at a meeting and will cease to have any effect
if such approval is not obtained. The Company's proposed Board and
its position on issues raised by the requisition will be addressed
in its Proxy Circular. The Circular will be distributed to all
AnorMED shareholders in March, prior to the Special Meeting of
Shareholders, which will be held on April 11, 2006 in Vancouver,
B.C. AnorMED is a chemistry-based biopharmaceutical company focused
on the discovery, development and commercialization of new
therapeutic products in the areas of hematology, HIV and oncology.
The Company has a product in Phase III development, a product in
Phase II development and a research program focused on a novel
class of compounds that target specific chemokine receptors known
to be involved in a variety of diseases including HIV. Additional
information on AnorMED Inc. is available on the Company's website
http://www.anormed.com/. Note: Certain of the statements contained
in this press release may contain forward-looking statements or
forward-looking information within the meaning of applicable
securities laws, including the Ontario Securities Act, Section 27A
of the U.S. Securities Act of 1933 and Section 21E of the U.S.
Securities Exchange Act of 1934. Statements or information
regarding strategy, future operations, future financial position,
future revenues, projected costs, prospects and plans and
objectives of management are forward-looking statements. The words
"anticipates, "believes", "budgets", "could", "estimates",
"expects," "forecasts", "intends", "may", "plans", "projects",
"schedule", "should", "will", "would" and similar expressions are
intended to identify forward-looking statements or information,
although not all forward-looking statements or information contain
these identifying words. Plans, intentions or expectations
disclosed in any forward-looking statements or information should
not be read as guarantees of future results or events, and will not
necessarily be accurate indications of whether or the times at or
by which such results or events will be achieved. Forward-looking
statements or information involve known and unknown risks,
uncertainties and other factors which may cause the actual results,
performance or achievements of the Company, or industry results, to
be materially different from any future results, performance or
achievements expressed or implied by such forward-looking
statements or information. Investors are referred to the discussion
of such risks, uncertainties and other factors in AnorMED's Final
Short Form Prospectus dated December 1, 2005 filed on SEDAR with
Canadian securities regulatory authorities and in Exhibit 99.1 to
AnorMED's Report on Form 6-K filed with the U.S. Securities and
Exchange Commission on December 23, 2005. Except as required by
law, AnorMED expressly disclaims any intention and undertakes no
obligation to update any forward-looking statements or information
as conditions change. For further information: Dr. Michael Abrams
Elisabeth Whiting, M.Sc. President & CEO VP Corporate
Development & Communications Tel: 604-530-1057 Tel:
604-532-4667 E-mail: Cell: 604-763-4682 E-mail: DATASOURCE: AnorMED
Inc. CONTACT: Dr. Michael Abrams, President & CEO, Tel: (604)
530-1057, E-mail: ; Elisabeth Whiting, M.Sc., VP Corporate
Development & Communications, Tel: (604) 532-4667, Cell: (604)
763-4682, E-mail:
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