AVAX Technologies, Inc. Closes Bridge Financing
December 16 2009 - 1:05PM
PR Newswire (US)
Now has the Ability to Pursue Funding for a Phase III Clinical
Trial for M-Vax(R) Appoints Two New Members to its Board of
Directors PHILADELPHIA, Dec. 16 /PRNewswire-FirstCall/ -- AVAX
Technologies, Inc. (Pink Sheets: AVXT) ("AVAX" or the "Company")
today announced that it recently closed a bridge loan financing
(the "2009 Financing") pursuant to a Convertible Note and Warrant
Purchase Agreement (the "Agreement") with Firebird Global Master
Fund, Ltd., ("Firebird"). Pursuant to the Agreement, the Company
sold a convertible promissory note, due June 30, 2010, in the
aggregate principal amount of US$1,400,000, and issued a warrant to
purchase an aggregate of 93,333,333 shares of the Company's common
stock, par value $0.004 per share. Assuming the conversion of all
shares underlying its convertible securities and the exercise of
its warrants, Firebird would control a majority voting interest in
the Company and it currently has a majority beneficial interest in
AVAX. The proceeds of the 2009 Financing are being used: (i) for
working capital; (ii) to recertify and operate AVAX's vaccine
manufacturing facility in Philadelphia, PA; and (iii) to pursue a
recapitalization in an amount that would enable AVAX to undertake a
planned interim assessment in connection with its pivotal Phase III
clinical trial of M-Vax® for the treatment of Stage IV melanoma.
M-Vax® has been designated as an orphan drug by the Food and Drug
Administration ("FDA") and AVAX has reached agreement with the FDA
under its Special Protocol Assessment for eligibility to receive
accelerated approval of M-Vax®. The Company has also announced the
addition of two additional Board members: Howard S. Fischer, a
former portfolio manager/research analyst with Silverback Asset
Management's Life Sciences fund and previously a senior investment
banker with UBS Global Healthcare Investment banking, and Anne T.
Kavanagh, former head of healthcare investment banking at
PaineWebber and Prudential Securities, CEO of Natwest Securities
and a current Board of Directors member of Destination Maternity
(NASDAQ:DEST). John Prendergast, Chief Executive Officer and
Chairman of the Company, stated, "We have always believed the data,
science and economics surrounding M-Vax® to be compelling and we
were disappointed in 2007 when the capital markets for cancer
immunotherapies all but closed after the FDA did not approve
Dendreon's Provenge®. While the clinical data surrounding our
technology had proved to be promising, and only months before the
FDA's Dendreon decision we raised $10 million in support of our
clinical program, we were forced thereafter to substantially scale
back operations because of financing considerations. We are
grateful for Firebird's continued support, which will provide us
the opportunity to pursue a capital raise allowing us to conduct
our pivotal Phase III M-Vax® trial to its planned interim
assessment point. Recent and anticipated news by companies involved
with cancer vaccines and immunotherapies has resulted in renewed
interest in the sector by institutional investors, larger pharma,
biotechnology companies and the medical and scientific communities
at large. We believe that once AVAX is reintroduced to those
involved in our industry, they will find the opportunities
presented by the Company to be quite compelling." Dr. Prendergast
further commented, "We are delighted to have Anne Kavanagh and
Howard Fischer join our Board. Their backgrounds and capabilities
will greatly assist the Company reach its next important set of
milestones, and to reestablish itself in the capital markets." The
2009 Financing triggered the anti-dilution provisions in the
definitive agreements from a 2008 bridge funding involving the sale
of convertible promissory notes and warrants ("the 2008 Financing")
to certain accredited investors (including Firebird) and current
and then existing insiders of the Company. The Company now has
approximately 143 million common shares outstanding. This number
does not include approximately 564 million common shares underlying
convertible securities and the exercise of all outstanding options
and warrants, which assumes an amendment to the Company's charter
to increase the number of authorized shares. The holders of the
notes issued in the 2008 Financing have agreed to extend the
maturity date of those securities to June 30, 2010. There is no
assurance that the capital obtained in the 2009 Financing will be
sufficient for its intended purposes. In particular, there can be
no assurance that Company will successfully obtain required
additional capital, or, if that if obtained, the amounts will be
sufficient to fund current or anticipated operations, including,
but not limited to, its anticipated pivotal Phase III trial for
M-Vax®. The inability to secure additional capital would have a
material adverse effect on the Company, and it is probable that in
such eventuality the Company would lose control of its
manufacturing facilities and intellectual property, be forced to
cease operations and potentially seek bankruptcy relief. If the
Company discontinues its operations, it will not have sufficient
funds to pay any amounts to its stockholders. The Note and the
Warrant were sold without registration under the Securities Act of
1933, as amended (the "Act") and may not be resold unless
subsequently registered under the Act or pursuant to an exemption
from registration under the Act. About AVAX Technologies, Inc. AVAX
Technologies, Inc. is a biotechnology company with operations in
the United States and France. The Company is engaged in the
research and clinical and commercial development of biological
products and cancer therapeutics. The Company's AC Vaccine platform
is a therapeutic cancer vaccine. Certain statements in this release
are "forward-looking" statements that are made pursuant to the safe
harbor provisions of Section 27A of the Securities Act of 1933 and
Section 21E of the Securities Exchange Act of 1934. Forward-looking
statements involve significant risks and uncertainties, and in
light of the significant uncertainties inherent in such statements,
the inclusion of such information should not be regarded as a
representation by the Company that the objectives and plans of the
Company will be achieved. In fact, actual results could differ
materially from those contemplated by such forward-looking
statements. These statements include, but are not limited to, the
Company's immediate need to obtain additional funding to continue
to finance the Company, the Company's plans, objectives,
projections, expectations and intentions such as those relating to
the future development of M-Vax® and other vaccines. The Company
does not undertake any obligation to release publicly any revisions
to these forward-looking statements or to reflect the occurrence of
unanticipated events. Media contact: Jamie Bittenbender
+1-215-241-9760 DATASOURCE: AVAX Technologies, Inc. CONTACT: Jamie
Bittenbender of AVAX Technologies, Inc., +1-215-241-9760
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