OptiBiotix Health plc
("OptiBiotix" or the "Company" or "the
Group")
ProBiotix Health plc
Fundraise
OptiBiotix plc ("OptiBiotix") notes the
announcement made by ProBiotix Health plc (AQSE: PBX)
("ProBiotix"), the life sciences business developing probiotics to
support cardiometabolic health, on 4 September 2024, that it has
raised £1,226,400 through a share subscription (the
"Subscription").
The shares comprised in the Subscription appear
to be issued pursuant to an authority purported to be taken from
shareholders by ProBiotix Health plc at its annual general meeting
held on 8 August 2024. However, OptiBiotix legal advisors have
advised the Company that resolution 6 set out in ProBiotix's notice
of annual general meeting (which has still not been filed at
Companies House in breach of section 30 of the Companies Act 2006)
contains a fundamental error (which was not brought to the
attention of, or corrected by the requisite majority at the annual
general meeting) by cross referencing the conditionality of
resolution 6 to the passing of "Resolution 8" (which did not
exist). The special resolution is accordingly invalid in accordance
with section 283(6)(c), Companies Act 2006. OptiBiotix will bring
this defect to the attention of AQUIS.
Neil Davidson,
Chairman of OptiBiotix Health plc said: "Given previous public statements of
sufficient funds by ProBiotix, OptiBiotix were surprised at the
timing and level of discount of the Subscription and its highly
dilutive effect on long term investors. OptiBiotix's legal advisors
have explained that, as a consequence of the invalidity of the
special resolution purportedly passed at the 2024 annual general
meeting, ProBiotix do not currently have the right to issue equity
on a non pre-emptive basis given that the prior authority taken at
the 2023 annual general meeting expired at the conclusion of the
2024 annual general meeting. OptiBiotix will bring this matter to
the attention of AQUIS."
This announcement contains
information which, prior to its disclosure, was considered inside
information for the purposes of the UK Market Abuse Regulation and
the Directors of the Company are responsible for the release of
this announcement.
For further
information, please contact: OptiBiotix Health
plc
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www.optibiotix.com
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Neil Davidson, Chairman
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Contact via Walbrook
below
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Stephen O'Hara, Chief Executive
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Cairn
Financial Advisers LLP (NOMAD)
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Tel: 020 7213
0880
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Liam Murray / Jo Turner / Ludovico
Lazzaretti
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Peterhouse
Capital Limited (Broker)
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Tel: 020 7220
9797
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Duncan Vasey / Lucy Williams
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Walbrook PR
Ltd
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Mob: 07876 741
001
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Anna Dunphy
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About OptiBiotix - www.optibiotix.com
OptiBiotix Health plc (AIM: OPTI),
which was formed in March 2012, brings science to the development
of compounds which modify the human microbiome - the collective
genome of the microbes in the body - in order to prevent and manage
human disease and promote wellness.
OptiBiotix has an extensive R&D
programme working with leading academics in the development of
microbial strains, compounds, and formulations which are used as
active ingredients and supplements. More than twenty international
food and healthcare supplement companies have signed agreements
with OptiBiotix to incorporate their human microbiome modulators
into a wide range of food products and drinks.
OptiBiotix is also developing its
own range of consumer supplements and health products. The
Company's current areas of focus include obesity, cardiovascular
health, and diabetes.