Esperion Therapeutics Inc (ESPR)

[FACT-MASTER]

Note to OldmanLogan:

1. It's $33 /share +/-, at the Note Holder's option to convert - not the Company's option to redeem

Company's option to redeem - Section 14.02. Conversion Procedure; Settlement Upon Conversion
(company can devise any type of settlement they want, imo)

https://www.sec.gov/Archives/edgar/data/1434868/000110465920125920/tm2036069d1_ex4-1.htm

2. Article 11 - Consolidation, Merger, Sale, Conveyance and Lease

imo, put yourself in a position as an Amgen board director for a minute ( AMGN market cap = 178 billion) and ask yourself this:

Would AMGN ( market cap 178 billion ) buy out Esperion Therapeutics (market cap 400 / +- million) with the convertible notes in effect?
That would mean AMGEN would substitute Esperion Therapeutics in the convertible notes agreement and now Amgen is subject to all the stipulations of the convertible notes agreement.

Not a chance, imo, that one AMGN board director would be in favour of that.
Did Amgen engage in the POS convertible notes agreement? No they did not.
Does Amgen want anything to do with the POS convertible notes agreement that ESPR brought down upon themself? No they do not.

That's not to say that big pharma players are not interested, it's the convertible notes that is the prohibitive factor, imo.