If Anavex raises capital expecting that they will withdraw their MAA, they would open themselves up to a shareholder class action suit.
Quite an imagination! Misleading don't care about any lawsuits, he only cares about his pocket. Nasdaq is littered with scam baby biotechs — CEOs dilute the stock and release negative news the next day. A recent example is INMB.
Wonder if this capital raise takes the MAA withdrawal option off the table.
Missling seems to have structured this as a win-win from a management perspective — with the only real drawback being the loss of the withdrawal option:
-Worst-case: Follow the Pridopidine playbook — take it all the way to CHMP refusal, but raise $150M in survival capital along the way (as done in 2021). -Mid-case: Use the funds to run a confirmatory trial if conditional approval is granted. -Best-case: Deploy the capital for go-to-market execution following full approval.
The speed/price at which the company taps this ATM will reveal how confident management really is in the MAA outcome.
Such a lawsuit would meet the same fate as the Rett suit. You're confirming a hope: shelf registration = no MAA withdrawal. Be wary of confirmation bias.
We have authorization for 200MM common shares, and only about 100MM used (o/s + warrants/options). There was about $100MM left under the old 2023 $150MM Lincoln Park purchase agreement. (Equal to about 9MM shares at recent prices plus discount). This new $150MM agreement with TD Cowen is explicitly at-the-market. It is effectively replacing the Lincoln Park agreement, which expires Feb 2026.