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Antibe Therapeutics Inc. - Reports
Second Report of the Receiver
| January 15, 2025 |
The purpose of this Second Report is to provide information to the Court on the following:
(a) recent developments regarding and the current status of the FDA Hold;
(b) the Receiver's activities since the date of the Receiver's first report to Court dated June 18, 2024;
(c) the outcome of the Sale Process;
(d) the terms of the Transaction Agreement dated January 15, 2025 (the "Transaction Agreement"), pursuant to which the Receiver intends to sell the shares of the Company to Taro Pharmaceuticals Inc. ("Taro") pursuant to a reverse vesting order structure (the "Transaction"), subject to the approval of the Court;
(e) the Receiver's request for an approval and reverse vesting order, substantially in the form attached to the Transaction Agreement, among other things, approving the Transaction and, upon closing, vesting the Purchased Entity (as defined in the Transaction Agreement) in and to Taro free and clear of all encumbrances, and sealing the unredacted Transaction Agreement as a confidential appendix;
(f) the progress of the Claims Procedure; and
(g) the Receiver's motion for an ancillary order.
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First Report of the Receiver
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June 18, 2024 |
The purpose of this First Report is to provide information to the Court on the following:
(a) an overview of the Company, including the FDA Hold on the abdominoplasty clinical trial proposed by the Company;
(b) the Receiver's activities since the Date of Appointment;
(c) the Receiver's preliminary review of Nuance's Constructive Trust Claim;
(d) the proposed sale process (the "Sale Process"), including the engagement of Bloom Burton Securities Inc. as financial advisor to the Receiver to conduct the Sale Process with oversight from the Receiver, among other things, and the Receiver's motion for the granting of an order approving the Sale Process;
(e) the proposed Claims Procedure, and the Receiver’s motion for the granting of an order approving the Claims Procedure (the "Claims Procedure Order");
(f) the receipts and disbursements of the Receiver for the period from the Date of Appointment to June 7, 2024; and
(g) the Receiver's motion for an ancillary order (the "Ancillary Order").
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