Sienna Biopharmaceuticals Announces Successful Appeal of Nasdaq Delisting Notice
November 14 2019 - 7:30AM
Sienna Biopharmaceuticals, Inc. (Nasdaq:SNNA) (the “Company”),
a clinical-stage biopharmaceutical company, today announced that,
on November 12, 2019, the Nasdaq Hearings Panel (the “Panel”)
granted the Company’s request for continued listing on the Nasdaq
Stock Market (“Nasdaq”), subject to certain conditions, including
the following:
- On or before December 5, 2019, the Company shall update the
Panel regarding the results of the Chapter 11 auction process
currently being conducted under the jurisdiction of the United
States Bankruptcy Court for the District of Delaware (the “Court”).
The Company shall also provide a timeline for completion of the
transaction and/or delisting, or, in the alternative, details
regarding the financing / reorganization. Based on the information
provided, the Panel will evaluate whether the listing should be
continued.
- On or before December 13, 2019, in the event the auction
process results in an asset sale, the Company shall have completed
the asset sale transaction. In the alternative, if the auction
process results in a financing or reorganization plan with intent
to emerge from bankruptcy, the Company shall provide the Panel with
a submission detailing the plan and timeline going forward, as well
as financial information regarding the ability of the
post-bankruptcy entity to qualify for initial listing. The Panel
will at that time evaluate whether the listing should be
continued.
There can be no assurances that Nasdaq will
continue the Company’s listing through the entire bankruptcy
process or that there will be a successful auction process.
As previously disclosed on September 17, 2019,
the Company received a letter (the “Nasdaq Letter”) from the staff
of the Nasdaq Listing Qualifications Department (the “Staff”)
notifying the Company that, as a result of the Chapter 11
proceeding and in accordance with Nasdaq Listing Rules 5101,
5110(b) and IM-5101-1, the Staff has provided notification to the
Company that the Company’s common stock will be delisted from
Nasdaq. The Nasdaq Letter stated that the Staff’s determination was
based on: (i) the filing of the Chapter 11 proceesing and
associated public interest concerns raised by it; (ii) concerns
regarding the residual equity interest of the existing listed
securities holders; and (iii) concerns about the Company’s ability
to sustain compliance with all requirements of continued listing on
Nasdaq, including the minimum required closing bid price for
continued listing on the Nasdaq Global Select Market pursuant to
Listing Rule 5450(a)(1), for which the Company remains subject to a
grace period afforded by Nasdaq rules. In response to this notice,
the Company requested a hearing before the Panel, which was held on
October 17, 2019.
In the interim, Sienna continues to manage and
operate its business under the jurisdiction of the Court and in
accordance with the applicable provisions of the Bankruptcy Code.
Sienna has retained Latham & Watkins as legal counsel
and Cowen and Company as its investment bank to review
financial and strategic alternatives with the goal of maximizing
stakeholder value.
About Sienna
Biopharmaceuticals
Sienna Biopharmaceuticals, Inc. is a
clinical-stage biopharmaceutical company created to bring
unconventional scientific innovations to patients whose lives
remain burdened by their disease. Sienna has built a unique,
diversified, multi-asset portfolio of therapies in immunology and
inflammation that target select pathways in specific tissues, with
a focus on one of the most important ‘immune’ tissues, the skin.
The Company has applied a novel proprietary technology platform to
create potent targeted pharmacologically active molecules that are
directed toward a specific target tissue and a select disease
pathway, and with minimal to no systemic exposure.
All pleadings filed in Sienna’s Chapter 11
proceeding are maintained on the case docket for Sienna
Biopharmaceuticals, Inc., Case No. 19-12051, which can be accessed
through the website maintained by the United States Bankruptcy
Court for the District of Delaware at http://www.deb.uscourts.gov
or an unofficial version of the case docket along with other case
information is available at https://dm.epiq11.com/case/Sienna.
For more information, visit the Company’s
website at www.SiennaBio.com.
Forward-Looking Statements
This press release contains forward-looking
statements, including but not limited to statements regarding
the continued listing of the Company’s common stock on the Nasdaq
Stock Market, the Chapter 11 sale process, our intent to maximize
stakeholder value, and our ability to continue to manage and
operate our business under the jurisdiction of the United
States Bankruptcy Court for the District of Delaware. Such
forward-looking statements involve substantial risks and
uncertainties that could cause Sienna’s future results,
performance, or achievements to differ significantly from those
expressed or implied by the forward-looking statements. Such risks
and uncertainties include, among others, uncertainties inherent in
the Chapter 11 process as well as in the pharmaceutical drug and
medical device development processes, including the clinical
development process, regulatory approval processes, the timing of
regulatory filings, the challenges associated with manufacturing
pharmaceutical drug and medical device products, Sienna’s ability
to successfully protect and defend its intellectual property, and
other matters that could affect the sufficiency of existing cash to
fund operations and the availability or commercial potential of
Sienna’s drug candidates. Sienna undertakes no obligation to update
or revise any forward-looking statements. For a further description
of the risks and uncertainties that could cause actual results to
differ from those expressed in these forward-looking statements, as
well as risks relating to the business of the Company in general,
see Sienna’s most recent Quarterly Report on Form 10-Q and any
subsequent current reports filed with the Securities and
Exchange Commission.
Contacts:
Interested Bidders
Cowen and CompanyLorie
Beers646-562-1250 Lorie.Beers@cowen.com
Latham & WatkinsTed
Dillman213-891-8603Ted.Dillman@lw.com
InvestorsIR@SiennaBio.com
Mediamedia@SiennaBio.com
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