RE: Nasdaq up 5% last night11 Jan 2019 09:45
As announced on the 27 September 2018 and in the circular to Shareholders dated 28 September 2018, seeking approval of the Sale, the attention of Shareholders was drawn to the fact that even with the addition of the net proceeds from the Sale, the cash resources of the Company are limited and that whilst the Board would continue its efforts to secure additional non-dilutive funding, the Company was also exploring access to further equity financing in the near term, including from the UK, US or Europe, in order to support the continued development of the business and the rapid advancement of its key pipeline products MTD201 and MTX110 (for the treatment of diffuse intrinsic pontine glioma), which the Company is striving to bring to market as expeditiously as possible. The Company currently has sufficient working capital for the short term to the end of Q1 2019. For the purpose of evaluating the Company's available cash runway, the Company has assumed that no element of the potential earn-out payment associated with the Sale (up to US$6million in respect of 2018 and 2019 and which is subject to the achievement by MTP US of 2018 and 2019 net sales performance targets with respect to certain MTP US products, both individually and in the aggregate), will be paid to the Company.
A summary of current trading, including recent restructuring and cost cutting measures taken by the Group, are included in the "Current Trading" section of this announcement.
Proposed Fundraising and Proposed Licence Agreement
The Company has been in very advanced discussions with an Asian based strategic investor who has entered into a non-binding term sheet to provide £8 million in aggregate through a subscription of new ordinary shares in the Company at or around the prevailing price per ordinary share at the time of the transaction ("Proposed Subscription").
Alongside the Proposed Subscription, completion of which would be conditional on shareholder approval and a waiver of Rule 9 of the Takeover Code, it is anticipated that a company associated with the strategic investors would, upon completion of the Proposed Subscription, enter into a licence agreement in relation to the development and commercialisation of the Group's pipeline of products in Greater China and certain South East Asian countries. Following Midatech securing future US or European marketing approval for any products, the licensee, a subsidiary of a large Asian based pharmaceutical company would, pursuant to the terms of the proposed licence agreement, be responsible for the cost of development, approval and commercialisation of the Group's products in the licenced territories. It is proposed that the licence agreement would include reasonable royalty payments, sales-based milestone payments and regulatory milestone following product approval ("Proposed Licence") by FDA or EMA in the first instance, and then again upon approval by the Chinese FDA.