Big Pharma often is completing these deals while additional favorable info becomes known as puchase is being finalized. The sellers are still stuck with the deal. In Pharmathene's case Siga said we had a deal but we are now getting government awards and incredible results in animal trials. The drug is worth much more than we knew when we drew up the deal we agreed to. Siga went all BAD FAITH and refused to complete the deal as agreed and claimed Siga will remain the full owner of this drug that is about to pay off in a very big way.
Big Pharma would have completed the deal per the LATS and told Siga and Perelman they would be getting their share according to the LATS.
Siga sees Pharmathene as not a Big Pharma and as much less likely to navigate this long expensive court case of bad faith and get a fair ruling. Siga backs out of the deal and heads to BARDA using the same shady tactics hoping to make billion(s) with the first smallpox antiviral that the DOD wanted in it's first $5 billion purchase in the bioterror war. Smallpox being the DOD most feared possible threat
* Will Parsons' total be released this week? OR, is Siga working with Pharmathene to settle out of court. Dreams of another $400M order must be tempting their outlook as they see the Billion dollar valuations placed on various Ebola related pharma treatments? Siga & Pharmathene out of court settlement looks more likely daily.
Could be a good week, GLTA
2 successful animal trials and human safety studies gets approval for BARDA purchase and OK to actually use in emergency OK. See first $450M purchase from Siga.
Read up on BARDA purchase of $ billions of doses of drugs for storage in case of need for emergency use.
Siga fully agreed that Pharmathene would get a deal closely based on the terms outlined in the LATS. Siga felt that way all the way through 2006 until in early August the trial on primates injected with a lethal dose of smallpox lived, most of the primates never had any symptoms. A huge success.
Siga, after September primates outcome decided it would not sign a deal based on LATS. The drug was now worth billions. BARDA was waiting.
To clarify. Say 2006 were 2014 and look at the ebola year we have had and the results in September were the results of an ebola trial in primates in September. Would Siga be allowed to back out of their negotiations with Pharmathene and say they owe Pharmathene nothing in backing out?
Judge Parsons must be feeling really good about how he is now settling this case. Siga's BAD FAITH is more obvious today than ever. $400M was the low ball value Pharmathene expected in the last presentation given to the Supreme Court. Range of expectations was $400m to Billions if Siga had performed in moving along this drug with a more robust sense of urgency. BARDA and the sense of establishing a defense against possible biological warfare was an urgent priority in 2006.
Expectation Damages! Were $5 Billion in fall 2006.
in early 2006 McAndrews and Forbes said if Siga needs $3 Million to further the smallpox trial it was dead in the water. Pharmathene came up with a $3 million LATS offer that kept the ST-246 experiment going forward with a human safety trial and a primate trial. Nolonger dead in the water.
Please read what the Delaware Supreme Court said. Does Siga want to appeal again?
Calm down Siga and quit spending millions in defending your bad faith gone very bad for everyone but your insiders. Pharmathene wants you to be as profitable as possible so that Siga can pay everything the Delaware Court believes it is owed.
Chapter 11, Appeals, Very well paid management team....
In some damages analyses, explicit consideration of taxes is essential, and dis- agreements between the parties may arise about these tax issues. If the plaintiff’s lost income would have been taxed as a capital gain (at a preferential rate), but the damages award will be taxed as ordinary income, the plaintiff can be expected to include an explicit calculation of the extra compensation needed to make up for the loss of the tax advantage. Sometimes tax considerations are paramount in damages calculations.43
Persons drafting term sheets and oth- er contractual obligations should be aware of the potentially larger damage awards un- der Delaware law for breach of the obliga- tion to negotiate in good faith.
"Bad Faith negotiations has some very negative connotation associated with it"
The order allows the Chancery Court to issue a final judgment and the parties to pursue appeals thereof.
Siga said said the filing was to preserve its ability to supply its antiviral smallpox drug to the U.S. Strategic National Stockpile.
Pharmathene should be very clear is stating that it has every intent in seeing that Siga fully preserves it ability to supply it's antiviral smallpox drug to the US Strategic National Stockpile. Unless Siga sees a chapter 7 resulting from the final judgement the Chapter 11 filing is a total joke. Is $300 to $350 million in the cards???
Silly Siga. Even if it says "lump sum" negotiations PIP will allow you to make payments. US Bankruptcy Court will make all this very clear to the most expensive legal team money can buy for Perelman and Siga.
"Bad Faith" Roadmap:
Delaware Court of Chancery - PIP wins
Supreme Court - PIP wins bigger as the settlement should be based on LATS
Delaware Court of Chancery - PIP wins and here is the math for a lump sum as directed by the Supreme court based on LATS. PIP wins big and with a more secure lump sum
Chapter 11 - Siga told to do exactly as Delaware court says and to make a series of payments if production of Tecovirimat is threatened. However, The Federal Court will allow Pharmathene oversight to see that any series of payments will be done in a way that fully pays the Delaware Courts decision.
Another trip to the Supreme Court is possible if Siga wants to pay the extra interest payment adding to this sizable settlement.
Everyone but me seems to expect one more appeal to Supreme Court. If Parsons is told to abide exactly by the LATS it would look like PIP might get $400M and ownership of Tecovirimat.
Another problem with going the route of an appeal versus an out of court settlement, losing $50 to
$100M in accounting allowances for tax credits.
Most are saying we are at least a year a way from settling this one. I'm guessing much sooner. Would love to see no settlement before 2015.
What happens next?
A chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. Tea leaves say this settlement will be closer to $250M than $180M. Which means the "bad faith" does have the potential to pay out big for Siga even with this settlement.
Another appeal? Siga will take a huge hit in paying interest on the final total.
"In its filings with the Bankruptcy Court, SIGA indicated that it expects to continue to perform under its contract with the Biomedical Advanced Research and Development Authority (BARDA) and is eligible to receive up to an additional $211.5 million in revenue under this contract, in addition to the $198 million it has already received."
Doing my math and seeing that Siga just wants to ensure continued production of Tecovirimat I'm guessing PIP is sorely underpriced. Perelman entering Siga into Chapter 11 looks more and more like an absurd continuation of "bad faith" that turns out to be the best thing Pharmathene could have hoped for.
"PharmAthene to serve on the Official Committee of Unsecured Creditors of SIGA Technologies, Inc., debtor-in-possession. As a member of the Committee, PharmAthene will play an active role in the bankruptcy proceedings."
GLTA, who is selling shares at this level???
Unapproved drug, FDA severely limits what a company can say about effectiveness in a patients compassionate use.
“Chimerix is committed to working with global health organizations and government agencies in the fight against the Ebola virus outbreak,” said Dr. M. Michelle Berrey, Chimerix’s CEO. “Based on in vitro data from work conducted by the CDC and the National Institutes of Health suggesting brincidofovir activity against Ebola, we are hopeful that brincidofovir may offer potential treatment for Ebola virus disease during this outbreak.”
Berrey was referring to testing at the Viral Special Pathogens Branch of the federal Centers for Disease Control and Prevention and the NIH that showed brincidofovir had, in test tubes, showed “activity” against the Ebola virus that was comparable to how the drug performed against other viral diseases, including smallpox and adenovirus.
Chimerix also noted that clinical data collected during Phase 3 testing of brincidofovir for use in patients with cytomegalovirus and adenovirus infection have shown it be safe, which opened the door for an investigation into whether it is a potential therapy for Ebola.
Been following CMX001 for a long time, next generation Cidofovir. Of course we can only make educated guesses based on the compassionate uses and outcomes that lie ahead, or the roles it has played in past compassionate use.
"brincidofovir is broad spectrum" looks likely. Effective broadspective antiviral's value? Huge.
Hope ZMapp works. Regardles, ooks like it is difficult to produce and likely very expensive.
Ebola patient Thomas Duncan’s liver condition has improved, according to the Dallas hospital where he’s being treated, though he remains in critical but stable condition as of Tuesday.
Found it on "Time".
Looks like the drug helped him turn the corner. International demand coming.
And the street buying the incomplete story. Full honest disclosure of current status of a companies position would be nice.This situation didn't just become obvious and explode today.
Expect nothing rational about how Wall Street reacts to chapter 11, ((IT'S A BANKRUPTYCY AND IT'S TIME TO BANKRUPT))
Wall Street and day traders were flushed out of PIP with the whiff of a legal maneuver by Siga (Perelman). Looking to add more shares when/if Siga files fails to file quarterly. The cash position and deferred revenues continue to pile up, Wall Street and the traders will just see a failure to file quarterly as ((BK risk)). I'm guessing Perelman will also add to his Siga holdings if Siga filings can #$%$ more into unloading shares in a panic.
With Chapter 11 and the legal hits coming from the Delaware Courts Siga will have plenty of excuses to not file a quarterly? Especially with the millions coming in monthly from the BARDA contract making it look even more profitable, how confusing.