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Case Study - BresaGen Limited

Background

  • ASX listed biotech BresaGen Limited had accumulated losses of $45 million and was running out of cash, mainly due to the funding needs of its US subsidiary
  • Company undertook a strategic change of direction including construction of purpose built facility in Adelaide to facilitate its focus on process development and contract manufacturing
  • $10m failed capital raising from potential Canadian investor
  • Shares suspended on ASX and Australian directors resigned
  • Company not properly constituted

Ferrier Hodgson Involvement

  • Bruce Carter and Martin Lewis of Ferrier Hodgson were appointed Administrators by the remaining US directors
  • We took control of the assets and continued the trading operations
  • We finalised the merger of the US subsidiary with another US entity to preserve the investment and minimise further funding requirements. A subsequent merger was also completed by us during the term of our appointment
  • The assets/equity was offered for sale by way of national advertisements
  • Accepted an offer from Cbio an unlisted Queensland biotech that was a restructure involving a Deed of Company Arrangement (“DOCA”), a creditors’ trust, an issue of capital and a convertible note facility
  • Numerous stakeholders required to approve and/or comment on the offer including creditors, government, directors and shareholders. Convening of Creditors meetings and Shareholders meeting
  • DOCA executed and Bruce Carter and Martin Lewis became the Deed Administrators

Outcome

  • Majority of jobs were saved
  • All the creditors received a dividend of 100 cents in the dollar (very uncommon)
  • Shares were relisted on the ASX restoring value to the shareholders (very uncommon)
 
Phone:
+61 2 9286 9999
Fax:
+61 2 9286 9888
Email:
robyn.duggan@fh.com.au