This AMENDED Press Release has been prepared and is being filed to correct, and is intended to replace in its entirely, a press release filed by Akela Pharma, Inc. on May 18, 2010 which inadvertently did not mention that Akela Pharma, Inc. was, since May 15, 2010, in default of filing its interim financial statements and underlying MD&A and CEO and CFO certifications for the three-month period ended March 31, 2010.
AUSTIN, TX, May 19 /CNW Telbec/ - Akela Pharma, Inc. ("Akela"), (TSX: AKL), a leader in the development of therapeutics for the treatment of pain, and the company's wholly owned subsidiary, PharmaForm, are providing their third bi-weekly Default Status Report under National Policy 12-203 - Cease Trade Orders for Continuous Disclosure Defaults ("NP 12-203"). On April 6, 2010, Akela announced that the filing of its audited annual financial statements, CEO and CFO certification, management discussion and analysis ("MD&A") and annual information form ("AIF") for the year ended December 31, 2009 would not be released as required by March 31, 2010.
In accordance with NP 12-203 and as previously announced, Akela has voluntarily requested that the Autorité des marchés financiers and other Canadian securities regulatory authorities issue a temporary order that prohibits certain directors, officers and insiders of Akela from trading in securities of Akela for as long as the annual financial statements CEO and CFO certifications and related MD&A and AIF are not filed (the "Management Cease Trade Order").
Akela is diligently working on finalizing its financial statements together with its auditors. Akela still anticipates that the release of the annual financial statements, CEO and CFO certifications and related MD&A and AIF will occur in no event later than May 31, 2010.
Akela reports that, since announcing the Management Cease Order of April 6, 2010, there have not been any material changes to the information contained therein; nor any failure by Akela to fulfill its intentions as stated therein with respect to satisfying the provisions of the alternative information guidelines, and there are no additional defaults or anticipated defaults subsequent to such announcement other than Akela is, since May 15, 2010, in default to file its interim financial statements and underlying MD&A and CEO and CFO certifications for the three-month period ended March 31, 2010. Akela anticipates that the release of its interim financial statements, CEO and CFO certifications and related MD&A will occur around June 18, 2010. Further, there have been no additional material changes respecting Akela and its affairs.
About Akela Pharma Inc.
Akela Pharma is a drug development company with its lead product, Fentanyl TAIFUN(R), being developed for the treatment of breakthrough cancer pain. Fentanyl TAIFUN is a fast-acting fentanyl formulation delivered using the company's TAIFUN multi-dose dry powder inhaler platform.
PharmaForm, Akela's wholly owned subsidiary, is a leading specialty contract service provider in the area of pharmaceutical dosage form development and manufacturing, specializing in controlled release and bioavailability enhancement technologies, such as hot melt extrusion, liquid filled capsules, and spray drying. Through its diverse offerings, PharmaForm solutions help pharmaceutical and biotechnology clients reach their development targets, reduce development costs and accelerate time-to-market.
Akela's common shares trade on The Toronto Stock Exchange ("TSX") under the symbol "AKL" with 30.9 million shares outstanding.
This press release contains statements which may constitute forward-looking information under applicable Canadian securities legislation or forward-looking statements within the meaning of the United States Private Securities Litigation Reform Act of 1955. Such forward-looking statements or information may include financial and other projections as well as statements regarding the company's future plans, objectives, performance, revenues, growth, profits, operating expenses or the company's underlying assumptions. The words "may", "would", "could", "will", "likely", "expect", anticipate", "intend", "plan", "forecast", "project", "estimate" and "believe" or other similar words and phrases may identify forward-looking statements or information. Persons reading this press release are cautioned that such statements or information are only expectations, and that the company's actual future results or performance may be materially different.
Forward-looking statements or information in this press release include, but are not limited to, statements or information concerning our ongoing drug development programs and collaborations as well as the possible receipt of future payments upon achievement of milestones.
Such forward-looking statements or information involve known and unknown risks, uncertainties and other factors that may cause our actual results, events or developments to be materially different from results, events or developments expressed or implied by such forward-looking statements or information. Such factors include, among others, the possibility that risks associated with requirements for approvals by government agencies such as the FDA before products can be tested in clinical trials; the possibility that such government agency approvals will not be obtained in a timely manner or at all or will be conditioned in a manner that would impair our ability to advance development; risks associated with the requirement that a drug candidate be found safe and effective after extensive clinical trials; our dependence on suppliers, collaborative partners and other third parties and the prospects and timing for negotiating supply agreements, corporate collaborations or licensing arrangements; our ability to attract and retain key personnel; and other factors as described in detail in our filings with the Canadian securities regulatory authorities at http:www.sedar.com.
Assumptions underlying our expectations regarding forward-looking statements or information contained in this press release include, among others, that future clinical trial results will be favorable; that our drug candidate will treat target diseases as intended; that we will raise enough capital, on reasonable terms and in a timely manner; that we will retain our key personnel; that we will obtain the necessary regulatory approvals.
In the event that any of these assumptions prove to be incorrect, or in the event that we are impacted by any of the risks identified above, we may not be able to continue in our business as planned.
For a complete discussion of the assumptions, risks and uncertainties related to our business, you are encouraged to review our filings with Canadian securities regulatory authorities, filed on SEDAR at http://www.sedar.com.
All forward-looking statements and information made herein are based on our current expectations as of the date hereof and we disclaim any intention or obligation to revise or update such forward-looking statements and information to reflect subsequent events or circumstances, except as required by law.
SOURCE Akela Pharma Inc
For further information: For further information: Gregory M. McKee, President and Chief Executive Officer, Akela Pharma Inc., (512) 834-0449