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LAVAL, QC, Oct. 16 /CNW/ - BioSyntech, Inc. ("BioSyntech") (TSX: BSY), a biotechnology company developing biotherapeutic thermogels for regenerative medicine, announces the successful closing of its previously announced offering of rights to purchase 310,000 units, each comprised of $10 principal amount of subordinated secured convertible debentures and 91 common share purchase warrants, at a price of $10 per unit, for gross aggregate proceeds of $3,100,000 to BioSyntech.
A total of 140,284 units were issued to shareholders who exercised their rights under the offering. The 169,716 units that were not purchased by shareholders pursuant to the exercise of rights under the offering were purchased by ProQuest Investments III, L.P., Solidarity Fund QFL and Highland Crusader Offshore Partners, L.P. pursuant to stand-by purchase agreements with BioSyntech.
Laurentian Bank Securities Inc. acted as sole dealer manager under the offering.
BioSyntech intends to use the net proceeds from the offering to complete the formal review of the strategic alternatives of BioSyntech, including a commercial partnership in respect of its cartilage repair device, BST-CarGel(R), and/or a corporate sale of BioSyntech, to pursue the pivotal trial for BST-CarGel(R) and for general corporate purposes, including working capital.
In addition, BioSyntech announces that it has obtained conditional approval from the Toronto Stock Exchange for the amendment of the terms of the common share purchase warrants of BioSyntech that were issued pursuant to the July 2008 public offering to provide for their exercise on a cashless basis with BioSyntech paying the in-the-money amount through the issuance of common shares based on the market price at the time of exercise and expects such amendment to become effective on or before November 12, 2009.
BioSyntech also announces that Mr. Lee Brown has tendered his resignation as member of the Board effective today. This resignation is subsequent to Mr. Brown's resignation from Highland Capital Management. Under the terms of an underwriting agreement signed in connection with the July 2008 public offering, Highland Capital Management has the right to nominate one member to the Board of BioSyntech.
This news release does not constitute an offer to sell or the solicitation of an offer to buy these securities nor shall there be any sale of the securities in any jurisdiction in which such offer, solicitation or sale would be unlawful. Securities may not be offered or sold in the United States absent registration or an exemption from registration under the United States Securities Act of 1933, as amended, and any applicable State laws. BioSyntech has not and does not intend to register any units, debentures, warrants or underlying common shares in the United States.
BioSyntech is a medical device Company specialized in the development, manufacturing and commercialization of advanced biotherapeutic thermogels for regenerative medicine (tissue repair) and therapeutic delivery. BioSyntech's platform technology is a family of hydrogels called BST-Gel(R), some of which are liquid at low temperature and solid at human body temperature. These gels can be injected or applied to a specific local site and offer beneficial properties for the local repair of damaged tissue such as cartilage, bone and chronic wounds and provide the benefit of avoiding invasive surgery. The Company's lead, late-stage product, BST-CarGel(R) is currently undergoing an international pivotal trial. For additional information, visit www.biosyntech.com.
This press release contains forward-looking statements and information which are subject to material risks and uncertainties. Such statements are not historical facts and are based on the current expectations of management. You are cautioned that such statements are subject to a multitude of risks and uncertainties that could cause actual results, future circumstances, or events to differ materially from those projected in the forward-looking information. These risks include, but are not limited to, those associated with our capacity to finance our activities, the adequacy, timing, and results of our clinical trials, the regulatory approval process, competition, securing and maintaining corporate alliances, market acceptance of BioSyntech's products, the availability of government and insurance reimbursements for BioSyntech's products, the strength of our intellectual property, the success of our research and development programs, reliance on subcontractors and key personnel, and other risks and uncertainties detailed from time-to time in our filings with the Canadian securities commissions. Readers should not place undue reliance on the forward-looking information, given that (i) our actual results could differ materially from a conclusion, forecast or projection in the forward-looking information, and (ii) certain material factors or assumptions which were applied in drawing a conclusion or making a forecast or projection as reflected in the forward-looking information, could prove to be inaccurate. Additional information about (i) the material factors that could cause actual results to differ materially from the conclusion, forecast or projection in the forward-looking information, and (ii) the material factors or assumptions that were applied in drawing a conclusion or making a forecast or projection as reflected in the forward-looking information, is contained in BioSyntech's annual report and other documents filed from time to time with the Canadian securities commissions which are available at www.sedar.com. These statements speak only as of the date they are made, and we assume no obligation to revise such statements as a result of any event, circumstance or otherwise, except in accordance with law.
SOURCE BIOSYNTECH, INC.
For further information: For further information: James Smith, The Equicom Group, (416) 815-0700 x229, Jsmith@equicomgroup.com