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BPMA: SEC Suspension:
http://www.sec.gov/litigation/suspensions/2013/34-69579.pdf
Order:
http://www.sec.gov/litigation/suspensions/2013/34-69579-o.pdf
Admin Proceeding:
http://www.sec.gov/litigation/admin/2013/34-69580.pdf
It's hard to say re: Pope. But SiBiono appears to be alive and well and quite busy, and they're continuing to work on expanding their gene therapy to the international markets with cooperative agreements, etc. And their website contains other recent news from February and March of 2013.
The sonorous international place
To enter the international market, and actively carry out international cooperation, as a global leader in gene therapy companies race Benro an important part of the implementation of the international strategy in recent years. SiBiono since 2008 to enter the international market, one step at a time, the expansion of the international market has made gratifying achievements.
Enter the international market and extend our world collaboration is a major theme in our globalization for our gene therapy drive. Sibiono has officially entered the global market since 2008. The footsteps are small but impressive on the market share return.
2008, SiBiono India and Pakistan more than a dozen Muslim countries to the ? recombinant human adenovirus p53 injection ? drug registration and clinical research work, the signing of the cooperation agreement, the reporting of clinical trials, to jointly develop gene therapy market.
In June 2009, SiBiono and Canada, the North American gene diagnosis and treatment Co., Ltd. signed a cooperation agreement to work together to expand the Philippines and Southeast Asia market.
In September 2009, SiBiono cooperation with the Japanese Association Gendicine "gene therapy services for cancer patients in Japan.
In January 2010, the SiBiono with Taiwan well-known pharmaceutical companies formally signed a cooperation agreement, the successful opening of the cancer treatment market, and enjoys the reputation of "the mother of the Taiwan Cancer Whang-Peng academicians powerful combination, to conduct a joint cross-strait tumor gene treatment.
In March 2010, SiBiono and Brazil signed a cooperation agreement to join hands to declare "Gendicine" Registration Approval in Brazil, and the joint development of the South American gene therapy market.
In March 2010, SiBiono and the Philippines signed a cooperation agreement to jointly promote gene therapy in the Philippines, local rooting, flowering results.
In March 2011, SiBiono signed an agreement with Malaysian partners, and to expand the gene therapy markets in Malaysia, Singapore. November 27, SiBiono successfully held in Kuala Lumpur International Symposium session keynote for gene therapy, and in cooperation with the Malaysian investors on Gendicine "the official sales agent in Malaysia held a signing ceremony.
In December 2011, SiBiono partner with the United States signed an agreement to work together to open up the U.S. gene therapy market.
March 2010, March-December 2011, SiBiono in Shenzhen, China, Dubai, United Arab Emirates, Manila, Philippines, China, Hong Kong and Kuala Lumpur, Malaysia, organized 5 international clinical application of gene therapy of cancer seminar will be from Switzerland, Germany, Canada, Japan, the Philippines, Malaysia, Indonesia, Singapore and other countries, as well as the Chinese mainland, Hong Kong and Taiwan experts and gene cancer treatment drug research experts nearly a thousand people to ride the event.
2008 Sibiono signed collaboration agreement with India, Pakistan and more than 10 other Muslim countries for clinical research, drug registration and marketing on 'rAd-p53, Inj'.
2009.6 Sibiono and Canadian N. America Gene Diagnostics & Therapy Co., Ltd. Signed an agreement on the joint effort in opening up the Philippino and SE Asian market.
2009.9 Sibiono collaborated with a Japanese organization on providing Gendicine ® gene therapy tor cancer patients in Japan.
2010.1 Successfully open up the Taiwan cancer treatment market in collaboration with a prominent Taiwan Enterprise. Built up a cross-strait tumor gene therapy with the strong collaboration of Dr WJ Huang, (a member of Chinese Academy of Science, Taiwan, she is also honored as 'mother of Taiwan Cancer Specialty.'
2010.2 Signed an agreement with Rothschild Group on gene therapy market development in Europe.
2010.3 Signed collaborative agreement with the Philippines on gene therapy for local use and further development.
2010.3 Signed collaborative agreement with Brazil on the joint effect in applying registration and setting up South America gene therapy market.
2011.3 Signed an agreement with the Malaysia collaboration partner for the development of Singapore-Malaysia gene therapy market.
2011.11.27 Successfully sponsored an international symposium on gene therapy at Kuala Lumpur. The Malaysia partner invested and agreed as a Gendicine ® representative there.
2011.12 Signed a partnership agreement with an America partner for the market development in gene therapy in the USA.
2010.3 & 2011.3-12 Sibiono held gene therapy clinical application symposia in Shenzhen, Dubai-United Arab Emirates, the Philippines, Hong Kong, Kuala Lumpur. The participants were experts in oncologists and gene therapy drugs totaling near 1000 coming from Switzerland, Germany, Canada , Japan, and SE Asian countries. (2012.2)
http://translate.googleusercontent.com/translate_c?depth=1&ei=LkNhUZq1BsKB0AHew4DYAg&hl=en&prev=/search%3Fq%3DShenzhen%2BSiBiono%26hl%3Den%26client%3Dfirefox-a%26hs%3D76S%26rls%3Dorg.mozilla:en-US:official&rurl=translate.google.com&sl=zh-CN&u=http://www.sibiono.com/news/15984512.html&usg=ALkJrhg9uuePbLUH7RT0tiLcnv06SOST3Q
just saw this. always keepin track here.. Lost track of the hearings. still have some from the penny to .08c run so just an eye on it every 6 months. assumed it was a goner.. but this agreement is interesting, considering this is approved gene therapy, and Pope has been after them for ever now. They already got their hands on the U.S. fda rejected gene therapy INGNQ.. and last I heard they were trying to move this into India (2 years ago). So does Pope fund here?
Form 8-K for BENDA PHARMACEUTICAL, INC.
26-Mar-2013
Entry into a Material Definitive Agreement, Creation of a Direct Finan
Item 1.01 Entry into a Material Definitive Agreement.
On March 6, 2013, Benda Pharmaceutical, Inc. ("we," "us," "our" or the "Company") entered into a final settlement agreement and release (the "Settlement Agreement") with Pope Investments LLC ("Pope"), Yiqing Wan and Wei Xu. As previously disclosed, Pope holds an interest in 22,337,998 shares of our common stock and is a creditor to certain notes issued in March 2007 (the "Notes"). In November 2009, Pope obtained a judgment against us in New York state court with respect to its rights under the Notes in the amount of approximately $6.5 million (the "Judgment"). Pope contends the Judgment was valued at approximately $8 million as of May 15, 2012. On December 29, 2009, Pope filed a lawsuit against the Company and its officers and directors (the "Lawsuit"). The Settlement Agreement settles our obligation under the Notes, Judgment and Lawsuit.
Pursuant to the Settlement Agreement, we or our designee shall pay the sum of $8,500,000 to Pope in two installments: (i) $500,000 (the "Deposit") within five calendar days of the execution of the Settlement Agreement; and (ii) $8,000,000 (the "Final Payment") upon the later of (a) fifty calendar days of the Company or its designee tendering the Deposit to Pope; or (b) to the extent required by law, but within no more than one hundred calendar days of Pope's receipt of the Deposit, the receipt of all required government approvals and approvals of stockholders and directors of the Company. The Deposit is non-refundable except if Pope breaches the Settlement Agreement. In the event that the Company breaches or fails to satisfy its obligations under the Settlement Agreement, Pope may retain the Deposit all of which shall be credited towards principal on the Judgment.
The Deposit was paid to Pope by Sure Ace Investments Limited, the designee of Benda, on March 12, 2013.
Upon receipt of the Deposit and the Final Payment, Pope shall (i) dismiss the Lawsuit within 7 days of the Final Payment, (ii) forfeit and release its rights to assert any claims, liabilities and causes of action against us and related parties within 7 days of the Final Payment, (iii) assign the Judgment and all rights as judgment creditor to us or our designee, (iv) assign the Notes and all residual rights to us or our designee and deliver the Notes marked cancelled to us or our designee, and (v) assign and transfer all equity and beneficial ownership interests of the Company and deliver such certificates evidencing the interest to us or our assignee.
As a condition to the transaction, Yiqing Wan and Wei Xu entered into a letter agreement with Pope pursuant to which Yiqing Wan and Wei Xu agreed that they would not enter into, on behalf of the Company or its Chinese operating companies, any agreement to sell, hypothecate, mortgage, transfer, dispose of, or otherwise liquidate the assets outside of the ordinary course of business, during the period commencing at the time the Deposit was made until the earlier of (i) the Final Payment is made, or (ii) 100 days after the Deposit was made.
In addition, we also entered into a convertible note put option agreement (the "Put Option") and a convertible note call option agreement (the "Call Option") with Pope, Yiqing Wan and Wei Xu. Pursuant to the agreements, Pope committed to use "best efforts" to obtain assignable call options for the purchase of certain notes issued in March 2007 from the third party holders totalling $1,080,000. Pope will have the option to sell to the Company or its designee such notes after Pope acquires them. The Company and the designee agree to pay 50% of the par value of each note that Pope acquires.
Item 2.03 Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant.
The information presented in Item 1.01 hereof with respect to the Settlement Agreement is hereby incorporated by reference in this Item 2.03.
Pope lawsuit settled for $8.5 million.
Item 1.01 Entry into a Material Definitive Agreement.
On March 6, 2013, Benda Pharmaceutical, Inc. (“we,” “us,” “our” or the “Company”) entered into a final settlement agreement and release (the “Settlement Agreement”) with Pope Investments LLC (“Pope”), Yiqing Wan and Wei Xu. As previously disclosed, Pope holds an interest in 22,337,998 shares of our common stock and is a creditor to certain notes issued in March 2007 (the “Notes”). In November 2009, Pope obtained a judgment against us in New York state court with respect to its rights under the Notes in the amount of approximately $6.5 million (the “Judgment”). Pope contends the Judgment was valued at approximately $8 million as of May 15, 2012. On December 29, 2009, Pope filed a lawsuit against the Company and its officers and directors (the “Lawsuit”). The Settlement Agreement settles our obligation under the Notes, Judgment and Lawsuit.
Pursuant to the Settlement Agreement, we or our designee shall pay the sum of $8,500,000 to Pope in two installments: (i) $500,000 (the “Deposit”) within five calendar days of the execution of the Settlement Agreement; and (ii) $8,000,000 (the “Final Payment”) upon the later of (a) fifty calendar days of the Company or its designee tendering the Deposit to Pope; or (b) to the extent required by law, but within no more than one hundred calendar days of Pope’s receipt of the Deposit, the receipt of all required government approvals and approvals of stockholders and directors of the Company. The Deposit is non-refundable except if Pope breaches the Settlement Agreement. In the event that the Company breaches or fails to satisfy its obligations under the Settlement Agreement, Pope may retain the Deposit all of which shall be credited towards principal on the Judgment.
The Deposit was paid to Pope by Sure Ace Investments Limited, the designee of Benda, on March 12, 2013.
Upon receipt of the Deposit and the Final Payment, Pope shall (i) dismiss the Lawsuit within 7 days of the Final Payment, (ii) forfeit and release its rights to assert any claims, liabilities and causes of action against us and related parties within 7 days of the Final Payment, (iii) assign the Judgment and all rights as judgment creditor to us or our designee, (iv) assign the Notes and all residual rights to us or our designee and deliver the Notes marked cancelled to us or our designee, and (v) assign and transfer all equity and beneficial ownership interests of the Company and deliver such certificates evidencing the interest to us or our assignee.
As a condition to the transaction, Yiqing Wan and Wei Xu entered into a letter agreement with Pope pursuant to which Yiqing Wan and Wei Xu agreed that they would not enter into, on behalf of the Company or its Chinese operating companies, any agreement to sell, hypothecate, mortgage, transfer, dispose of, or otherwise liquidate the assets outside of the ordinary course of business, during the period commencing at the time the Deposit was made until the earlier of (i) the Final Payment is made, or (ii) 100 days after the Deposit was made.
In addition, we also entered into a convertible note put option agreement (the “Put Option”) and a convertible note call option agreement (the “Call Option”) with Pope, Yiqing Wan and Wei Xu. Pursuant to the agreements, Pope committed to use “best efforts” to obtain assignable call options for the purchase of certain notes issued in March 2007 from the third party holders totalling $1,080,000. Pope will have the option to sell to the Company or its designee such notes after Pope acquires them. The Company and the designee agree to pay 50% of the par value of each note that Pope acquires.
google translation.. so yes.
Was the translator on acid?
this is a translation, and I can't say much for the source.. but i'm sure you can find other bits of info via google
from finance.jrj.com.cn/biz/2011/03/2717339573944.shtml
Xu Wei: SiBiono main domestic listing next year, again with hope that the big European market today
Xu Wei: SiBiono main domestic listing next year, again with hope that the big European market today
At 17:33 on March 27, 2011 Source: Finance site ?Font: Big in Small ? User Reviews
After a financial Web site shares information crisis, the race seems a hundred Nokia Technology Co., Ltd. because of disappeared from public view. Today, in 2011 the tenth business women business leaders in China figures , female figures ceremony, cutting-edge, game for a hundred Nokia Technology Co., Ltd. (hereinafter referred to SiBiono) as the winner, President Xu Wei attended, and financial dialogue she said, the current operation SiBiono has been on the right track, is actively preparing for listing, the company will have three each in the capital market to market, the company SiBiono master plan in the country to do the GEM or the SME board, Many VCs have expressed willingness to cooperate.
Search for news on SiBiono, mostly stay in that part of the "entrepreneurial, innovative scientists tragicomedy" During a storm on the options. Xu Wei said the company has experienced turbulence, the process of innovation and development, there are some problems, basically have been resolved, in many cases is not able to complete understanding of the outside world, the company is now on the right track, and gradually digested a number of issues before the wind rain rain is normal.
Patent for Gendicine, she said Gendicine is SiBiono is certain, both from occupational or vocational areas and inventions are. "Innovation is not concerned about the name of the initial problem, which is experiencing the throes of drug innovation," going through the development of future reference, Xu Wei's attitude is very open-minded.
She pointed out that innovation SiBiono problems some more, involve a number of foreign genes have possession of the strategic aims, we know only the tip of the iceberg. National policy in this area has been under protection of the enterprise will be better. Wei Xu acknowledged that foreign misappropriation of plunder, from a lot of them can not read them with a strong China, foreign M & A business owned by the Ministry of Commerce checks, especially those related to core technology, can avoid some of the innovative enterprises in the very developed under the difficult circumstances the results of lost in vain. She also said that the Human Genome Project in China account for only 1% of the share, while the share of gene therapy to 100% of stations, gene therapy, the crowd, basically in China, the leading of the building was not easy.
Xu Wei: SiBiono main domestic listing next year, again with hope that the big European market today
At 17:33 on March 27, 2011 Source: Finance site ?Font: Big in Small ? ????
Listing of three parts
Xu Wei said the company had also not in dispute when the case of bankruptcy. People did not do business loans do not know, was a little debt, some people might have that idea. Now some of the debts before the clean-up, in fact, debt is normal, not horrible.
Xu Wei said that the loans are also out now, the company development strategy in order to absorb some of the wind to vote, go to the capital markets, SiBiono to expand the indications need to do a lot of research costs. Therefore, the listing SiBiono very clear plan in the country to do the GEM or the SME board, a lot of venture capital in the concern also extended the industrial chain, the company will have three each in the capital market to market.
For the specific point in time, she said, quickly listing will advance because patterns are mature, the construction of expert resources is very high, this is also the main SiBiono prepare, because the main need to clean this time, the specific time to market can not be sure, the domestic market next year, hope great.
In Europe there, now and hygiene products to be registered in the EU market, raising funds in the European Union by SiBiono holding.
Meanwhile, in Beijing, Shanghai, Guangzhou, Zhejiang and other places the construction of gene therapy center management company, extends to health care, and major hospitals to high-end cancer gene therapy center. Ordered this year for venture capital to build the underground center, convenient to treat a large number of foreign patients.
Shenzhen is the origin for the same neighbor Haipu Rui (002 399) was sensational effect after the listing, Xu Wei said she was listed SiBiono full of hope and expectation, to the Hai Purui learning, ask.
Xu Wei: SiBiono main domestic listing next year, again with hope that the big European market today
At 17:33 on March 27, 2011 Source: Finance site ?Font: Big in Small ? User Reviews
Failure rate of 90% bio-medicine center to settle down
Some people say money is not suitable for innovation in China, many people look at the stock market and real estate industry alone to do it? Xu Wei on the issue given a warm response, she said, must overcome the excessive pursuit of profits to capital markets, the mentality, not lose the spirit of entrepreneurs, to get down to do a good job. She admires the German model of entrepreneurs, the U.S. lost the industry, over the pursuit of capital, is the root of the crisis.
Xu Wei said that China needs a creative mind very much, not only for the money, the money for the past three years to scale, lack of funds is not so, now sinking heart, biological medicine 90% failure rate, not a good state of mind can not choose to do a good job a lot of foundation work, to do science, we can not simply pursue the concept of wealth, so terrible.
Need to first put a lot of time doing charity when their first pay, dedication, before harvest, so as to overcome the difficulties. The pharmaceutical industry and the Internet, not the same curve of development of enterprises, to long-term scientific development.
thanks. so i guess the patent dispute is all that's left on the table, then we have gendicine phase IV trials in 2012.. unless something came out already about the patent
The Judge denied Pope's request for a forced liquidation saying that appointing a receiver would serve no beneficial purpose and would do more harm than good.
Pope filed on 2/16/11 its 13D showing ownership of 22,337,998 shares or 22.24%.
http://sec.gov/cgi-bin/browse-edgar?CIK=0001350012&action=getcompany
it's possible there's news out there somewhere regarding the p53 gene. p53 is the gene gendicine is based. i haven't looked into it
read the most recent posts
someone's bored i guess
Sounds like baad news. So why is the PPS jumping?
there's no reason for this to be sitting at .09c right now
read this previous post about gendicine trials
being sued, attempt to force liquidation, patent ownership suits, you know -- the works.
I have never tried, but you are right. A PR or CC would do wonders.
Anyone been able to get in touch with the company? A shareholder update would go a long ways right now with the huge numbers we're seeing on the 10-Q.
You'd think! Market cap on this company has been and is stupid. Not sure if the investment community understands the Gendicine thing, the sales of which, by the way, have been enjoying gross margins of 90%!
:)
.044's going and nice volume surge.
ETMM at .044, then 1 MM at .09.
BPMA looks like it would go over .15 easily!
Yep, OS unchanged for 1.5 years, only raised 6 million in 3 years.
Agreed and NO dilution! This is going to wake up bigly one day IMO, way undervalued at current PPS.....JMo of course
This is one of the better quarterlies that I have seen this cycle, and I read 98% of the ones released. The stockholder equity, float, and net earnings are outstanding.
Agreed, if they would just PR an update/news of some sort this would really move imo
Good stuff...Getting some eyes on it today and looking thin bud.
Nice Bullish, been holding for a couple years now and will continue to hold and add if they dip this again...Best OTCQB stock out there for the price imo..
Nice 10-Q filed. Only 7m Float w/ $69m Assets
thanks, will have to read later
this has been moving as speculated. too bad i didn't have the jewels to buy under .02
That is interesting and could well explain the sorry share price. I knew about the Pope thing, but did not have any idea that there was a problem with the ownership of Gendicine. From everything I have read on the development and trials of Gendicine, it seems to me a no-brainer that SiBiono/Benda would prevail in any such litigation.
That last move tells me this has a good chance of running.. but I'm not big on spec plays. A few hundred on these levels could potentially net a nice return. It rode upper bb for 12+ days on that last run. So was that smart money (relative to penny players), or not so smart money?
"The ruling is expected to be made in mid October, 15 months after Shenzhen SiBiono filed the litigation asking Peng to return the patents for Gendicine, which were approved in his name."
I also updated the last post with an article.
Maybe this flies ahead of October? hmmmm
I want to say Chinese courts.. but I don't know 100%. I'll see if I can find something on it
here's an article:
http://www.sourcejuice.com/1322486/2010/04/14/Gene-therapy-drug-Gendicine-began-war-gene-therapy/
What's interesting is Pope, being the majority shareholder, also owns the rights to the U.S. gene therapy product of Introgen (INGNQ) and are now trying to claim Gendicine
So someone sees value in it. What happens to BPMA commons next I wish I knew
Is this litigation in US or Chinese courts? Do you know DJ?
There's litigation regarding the ownership of Gendicine.. once that is over and it is in favor of Benda, I could see this moving. In my opinion that is what is keeping this down.
Thanks for the article link
New article (9/25/10) about Gendicine/SiBiono/Benda, "Gene Therapy Could be Here Soon."
http://www.financialexpress.com/news/Gene-therapy-could-be-here-soon/687507/
:)
Up a penny today, with .025 on the bid and .035 on the ask! Anybody have any insight on the sudden movement of this stock?
While Benda has its problems, it is hard to believe the share price continues to languish at these prices, especially because they are the owners of Gendicine, the first-ever approved and apparently effective gene therapy for cancer, among so many other positives.
Hmmm. Another no-brainer? I vote yes!
There's the 10Q..
gonna eye it a bit, go to bed, then come back later and read some more
Things are heating up a little...
Poor BPMA. It didn't deserve to get so beaten down (such a bargain).
;)
Benda's deliquent on its 10K, but has a grace period that expires on 5/17/10, who thinks I should sell (or hold) on 5/16 ?
Volume is still too light.. I want to see a confirmation move before I ever consider buying more. Most of us in here are already long the stock..
Benda are late in their 10k filing. It's not always a bad sign, but it is sometimes. I would not encourage anybody to buy here at .03, 04, or .05
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On May 21, Benda Pharma (BPMA.OB) reported revenue of $3 million for Q1 of 2007, a decrease of 17% from the year-earlier period. Benda blamed the decrease on a temporary closing of its bulk chemical plant, a closing undertaken at the behest of the Chinese government, which mandated a cleanup of the wastewater of the plant. The plant is scheduled to be back online in August of this year.
Net income dropped to $0.4 million for the quarter, a decline of 51%. Besides the plant closing, Benda said it encountered additional expenses associated with being a public company. Benda has 96.3 million shares outstanding and, at its current price of $1.70 per share, it has a market capitalization of $164 million.
Benda is involved in making western and Traditional Chinese Medications, and it manufactures active pharmaceutical ingredients.
Quote:
http://www.bendapharma.com/stockquote.cfm
http://www.stockcharts.com/c-sc/sc?s=BPMA&p=D&yr=0&mn=5&dy=0&i=p68304234748&r=6802
In April of 2007, Benda bought a 57.57% ownership in Shenzhen SiBiona, which produces the cancer drug Gendicine, the first gene therapy medication for cancer available anywhere in the world. In 2004, Gendicine was approved by Chinese officials for use against head and neck cancer, which is also known as squamous cell cancer. The drug is injected once per week for eight weeks. In the Chinese trials, it achieved a complete remission in 64% of the cases and a partial remission in 32% of the patients. Gendicine was originally priced at $362 per injection.
To buy the stake in SiBiono, Benda paid $7.7 million and gave SiBiono 2.1 million shares of Benda stock in return for financial consulting services. Benda also guaranteed that its shares would be worth $3.60 per share within three months after the expiration of the 12-month restriction on selling the shares.
Benda operates three plants in the Hubei Province of China: Benda Ebei, which produces conventional medicines and Traditional Chinese Medicines; Jiangling Benda, which produces active pharmaceutical; and Yidu Benda, which produces bulk chemicals.
INSTITUTIONAL OWNERSHIP
Pope Investments LLC owns 22,337,998 shares accounting for 21.24% of shares outstanding!!
pinksheets.com/edgar/GetFilingHtml
SHARE STRUCTURE
As of August 19, 2009:
Shares Outstanding:105,155,355
Shares Authorized:150,000,000
[img]stockcharts.com/c-sc/sc?s=bpma&p=d&b=5&g=0&id=p86819233489[/img]
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