The Cannabist Company Announces Closing of US$25.75 Million Private Placement Offering of 9% Senior Secured Convertible Debentures Due 2027
19 März 2024 - 5:52PM
Business Wire
US$6.25 Million of total will be issued in
exchange for existing 6% Senior Secured Convertible Notes Due
2025
The Cannabist Company Holdings Inc. (Cboe CA: CBST) (OTCQX:
CBSTF) (FSE: 3LP) (“The Cannabist Company” or the “Company”)
announced today that it has completed a private placement of
US$19.5 million aggregate principal amount of 9.00% senior secured
convertible debentures due 2027 (the "Notes") in a concurrent
private brokered offering (the “Brokered Offering”) and private
non-brokered offering (the “Non-Brokered Offering” and together
with the Brokered Offering, the “Offering”).
In addition, in accordance with the terms of a previously
executed agreement, as amended, the Company has issued US$6.25
million of Notes in exchange for the cancellation of previously
issued 6% senior secured convertible notes due 2025 held by certain
offshore institutional investors.
The Notes are senior secured obligations of the Company and
mature in March 2027, unless earlier converted or repurchased. The
conversion rate is 3,278.6 common shares in the capital of the
Company ("Common Shares") per US$1,000 principal amount of Notes
(equivalent to a price of approximately US$0.305 per Common Share),
subject to customary adjustments. In no event will fractional
common shares be issuable. The conversion price of the Notes
represents a premium of approximately 25% over the closing price of
the Common Shares on the Cboe Canada (the “Exchange”) on March 14,
2024. The Notes are subject to an original issue discount and
priced at US$800 per issuance of US$1,000 in principal amount of
new Notes. As a result, the Company has received US$15.6 million of
new capital and has extinguished US$5.0 million of 6% Senior
Secured Convertible Notes Due 2025. Subsequent to this transaction,
there are US$59.5 million remaining 6% Senior Secured Convertible
Notes Due 2025. In connection with the Offering, the Company and
the investors have entered into customary registration rights
agreements.
The Notes were offered for sale on a private placement basis in
certain provinces and territories of Canada pursuant to applicable
exemptions from the prospectus requirements of Canadian securities
laws. The Notes were also sold in the United States to or for the
account or benefit of "U.S. persons" (as defined in the United
States Securities Act of 1933, as amended) (the "U.S. Securities
Act"), on a private placement basis pursuant to an exemption from
the registration requirements of the U.S. Securities Act, and in
such jurisdictions outside of Canada and the United States as
agreed upon by the Company, in each case in accordance with
applicable laws. The Notes issued in certain provinces and
territories of Canada are subject to a customary four-month hold
period under Canadian securities laws.
The net proceeds from the Offering will be used for repayment of
debt, including the remaining US$13.2 million of the Company’s 13%
senior secured notes due May 2024, working capital and general
corporate purposes.
No securities regulatory authority has either approved or
disapproved of the contents of this news release. The Notes and the
Common Shares issuable upon conversion of the Notes have not been
and the Notes will not be registered under the U.S. Securities Act
or any state securities laws, and accordingly, may not be offered
or sold unless registered under the U.S. Securities Act and
applicable state securities laws or pursuant to exemptions from the
registration requirements of the U.S. Securities Act and applicable
state securities laws. This news release shall not constitute an
offer to sell or a solicitation of an offer to buy nor shall there
be any sale of the securities of the Company in any jurisdiction in
which such offer, solicitation or sale would be unlawful.
Advisors
ATB Securities Inc. acted as the sole bookrunner and agent for
the Brokered Offering.
About The Cannabist Company (f/k/a Columbia Care)
The Cannabist Company, formerly known as Columbia Care, is one
of the largest and most experienced cultivators, manufacturers and
providers of cannabis products and related services, with licenses
in 15 U.S. jurisdictions. The Company operates 124 facilities
including 93 dispensaries and 31 cultivation and manufacturing
facilities, including those under development. Columbia Care, now
The Cannabist Company, is one of the original multi-state providers
of cannabis in the U.S. and now delivers industry-leading products
and services to both the medical and adult-use markets. In 2021,
the Company launched Cannabist, its retail brand, creating a
national dispensary network that leverages proprietary technology
platforms. The company offers products spanning flower, edibles,
oils and tablets, and manufactures popular brands including Seed
& Strain, Triple Seven, Hedy, gLeaf, Classix, Press, and Amber.
For more information, please visit www.cannabistcompany.com.
No Offer or Solicitation
This communication is not intended to and does not constitute an
offer to sell, buy or subscribe for any securities or otherwise,
nor shall there be any sale, issuance or transfer of securities in
any jurisdiction in contravention of applicable law. In particular,
this communication is not an offer of securities for sale into the
United States. No offer of securities shall be made in the United
States or to or for the account or benefit of a U.S. person (as
defined in Regulation S of the United States Securities Act of
1933, as amended (the “U.S. Securities Act”)) absent registration
under the U.S. Securities Act and applicable state securities laws,
or pursuant to an exemption from, or in a transaction not subject
to, such registration requirements. In addition, hedging
transactions may not be conducted unless in compliance with the
U.S. Securities Act.
Caution Concerning Forward Looking Statements
This press release contains certain statements that constitute
“forward-looking information” or “forward-looking statements”
within the meaning of applicable securities laws and reflect the
Company’s current expectations regarding future events.
Forward-looking statements or information contained in this release
include, but are not limited to, statements or information with
respect to the Offering and the use of proceeds of the Offering.
These forward-looking statements or information, which although
considered reasonable by the Company, may prove to be incorrect and
are subject to known and unknown risks and uncertainties that may
cause actual results, performance or achievements of the Company to
be materially different from those expressed or implied by any
forward-looking information. In addition, securityholders should
review the risk factors discussed under “Risk Factors” in the
Company’s Form 10-K for the year ended December 31, 2023, as filed
with Canadian and U.S. securities regulatory authorities and
described from time to time in subsequent documents filed with
applicable securities regulatory authorities.
View source
version on businesswire.com: https://www.businesswire.com/news/home/20240319336077/en/
Investor Contact Lee Ann Evans SVP, Capital Markets
investor@cannabistcompany.com
Media Contact Lindsay Wilson SVP, Communications
media@cannabistcompany.com
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