Enzymotec Reports a Request for Arbitration by AAK
May 15 2014 - 3:05PM
Enzymotec Ltd. (Nasdaq:ENZY) (the "Company"), a developer,
manufacturer and marketer of innovative bio-active lipid
ingredients, reports that it was informed today that
AarhusKarlshamn AB, or AAK, a Sweden-based, global producer of
specialty oils that is Enzymotec's joint venture partner in
Advanced Lipids AB, submitted a claim for arbitration against the
Company seeking certain declaratory relief with respect to the
joint venture agreement.
As disclosed in detail in the Company's filings
with the Securities and Exchange Commission, AAK is of the view
that the Company's disclosures in connection with its initial
public offering violated the non-disclosure obligations related to
Advance Lipids contained in the joint venture agreement. The
Company believes that its disclosures in connection with its
initial public offering were in compliance with the joint venture
agreement. The Company held various discussions with AAK on this
matter over the past few months and did not reach an agreement. AAK
has now submitted a request for arbitration to the International
Chamber of Commerce in the Netherlands seeking a determination of
the arbitrators that the Company's disclosure of information was an
intentional, material breach of the joint venture agreement. The
request indicates that AAK believes AL is exposed to likely damage
in the future as a result of the level of disclosure that the
Company made about it; however, it does not provide any specific
instance of this having occurred. The request does not state a
measure of damages, seek termination of the joint venture agreement
or seek to determine what harm, if any, was caused to Advance
Lipids or AAK. In addition, the request for arbitration seeks
declaratory relief as to the correct interpretation of certain
provisions of the joint venture agreement concerning the period of
time during which the buy-sell mechanism included in the agreement
may be triggered.
The Company believes that the claims made by AAK
are without merit and intends to vigorously defend its position.
Under the joint venture agreement, pending such dispute, the
parties are required to continue to conduct the operations of the
joint venture in accordance with the agreement.
Forward Looking Statements
This release may contain forward-looking
statements, which express the current beliefs and expectations of
Company management. Such statements involve a number of known and
unknown risks and uncertainties that could cause our future
results, performance or achievements to differ significantly from
the results, performance or achievements expressed or implied by
such forward-looking statements. Important factors that could cause
or contribute to such differences the following risks: we depend on
third parties to obtain raw materials, in particular krill,
necessary for the production of our products; a high proportion of
the sales of our InFat product is sold to end users by a single
company in China; we are subject to a degree of customer
concentration and our customers do not enter into long-term
purchase commitments with us; we may be required to pay royalties
on sales of our krill products in North America and Australia; we
have in the past, and may in the future, become subject to
litigation regarding intellectual property rights or other matters;
our offering of products as ''medical foods'' in the United States
may be challenged by regulatory authorities; we rely on our Swedish
joint venture partner to manufacture InFat, and certain matters
related to the joint venture are the subject of disagreement; we
are dependent on a single facility that houses the majority of our
operations; we may be impacted by delays in manufacturing as we
expand our capacity; we may not be able to expand our production or
processing capabilities or satisfy growing demand; our gross
profits may be adversely affected if we are only able to obtain
lower quality krill meal; our ability to obtain krill may be
affected by conservation regulation or initiatives; our product
development cycle is lengthy and uncertain, and our development or
commercialization efforts for our products may be unsuccessful; we
are subject to significant and increasing government regulations
regarding the sale and marketing of our products; we may not be
able to protect our proprietary technology or prevent its
unauthorized use by third parties; and other factors discussed
under the heading "Risk Factors" in the Company's Form 20-F filed
with the Securities and Exchange Commission on February 13, 2014.
Forward-looking statements in this release are made pursuant to the
safe harbor provisions contained in the Private Securities
Litigation Reform Act of 1995. These forward-looking statements are
made only as of the date hereof, and the Company undertakes no
obligation to update or revise the forward-looking statements,
whether as a result of new information, future events or
otherwise.
About Enzymotec Ltd.
Enzymotec is a leading global supplier of specialty
lipid-based products and solutions. The Company develops,
manufactures and markets innovative bio-active lipid ingredients,
as well as final products, based on sophisticated processes and
technologies.
CONTACT: Company Contact:
Enzymotec Ltd.
Oren Bryan
Chief Financial Officer
Phone: +972747177177
ir@enzymotec.com
Investors Contact (US)
ICR
Katie Turner
646-277-1228
Katie.Turner@icrinc.com
John Mills
310-954-1105
John.Mills@icrinc.com
ENZYMOTEC LTD. (NASDAQ:ENZY)
Historical Stock Chart
From Jun 2024 to Jul 2024
ENZYMOTEC LTD. (NASDAQ:ENZY)
Historical Stock Chart
From Jul 2023 to Jul 2024