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KCSVEN

06/04/19 6:06 PM

#195103 RE: NickHous #195102

They can borrow enough to pay them back
They can ask for a waiver due to coming growth (They could get it if Pharmakon wants payback sooner and who doesn't)

I don't think that stipulation is a stopper at this point in the company growth, made sense when they had bankruptcy potential. I'm pretty confident with FDA approval they would get a waiver on that condition.

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HDGabor

06/04/19 6:09 PM

#195104 RE: NickHous #195102

N-

if don't pay back Pharmakon (amount owed ?) then no additional borrowing. If need additional funding then another secondary.

Nope … they borrowed several times after 2012 … all Notes were a borrowing. (Majority were converted into shares - dilution - but some of them was paid back.) They could issue a NON-convertible notes anytime. (To avoid any doubt: I do not see / say it is necessary.)

Best,
G
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PSea

06/04/19 6:31 PM

#195109 RE: NickHous #195102

Not sure what the big deal is. If pharmacon doesn't want to play ball, refinance that debt at the same time and pay them off. Would likely improve cash flow and flexibility. New lender would have a first position. Easy
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sts66

06/04/19 6:37 PM

#195114 RE: NickHous #195102

Don't forget that when Pharmakon loaned us that money it was in dark days for AMRN, being a going concern was in doubt - don't recall what the pps was at the time, but dilution wasn't an option - of course Pharmakon wants their investment to be protected and not have to compete with other lenders. When they made the loan (backed by all our IP, BTW). they had < $500M in AUM, and they made a similar loan to VVUS, which I'm quite sure was not paid back, because their Qsymia weight loss drug was a total bomb.