Biora Therapeutics, a biotech company developing smart pill-based therapeutic platforms, reached an agreement with certain of its prepetition creditors to provide financing to support a Chapter 11 sale process. To effectuate the transaction, the company has filed a voluntary petition under Chapter 11 of the U.S. Bankruptcy Code in the District of Delaware.
Throughout this process, Biora expects to operate its business as usual and in the ordinary course as the lenders have agreed to provide the company with a debtor-in-possession financing facility of up to $10.25 million, subject to court approval. This funding is expected to allow Biora to meet its obligations arising during the Chapter 11 case to vendors, suppliers, employees and other stakeholders as it pursues a court-supervised sale process.
Biora intends to file a motion requesting approval of a marketing and sale process. The sales process is expected to occur on an expedited timeline which will help minimize any potential adverse impact on the company’s operations, vendors and employees and allow it to quickly emerge from the sale in a position to continue the clinical development of its products. The bid procedures motion will facilitate a competitive bidding process under section 363 of the Bankruptcy Code, designed to achieve the highest or otherwise best value for Biora and its stakeholders. The lenders have agreed to serve as a stalking horse bidder for the company’s assets.
“This path will help allow us to focus on the BioJet and NaviCap platforms which we believe continue to make tremendous progress,” Adi Mohanty, CEO of Biora Therapeutics, said. “We are happy that the lenders recognize this progress and have showed their confidence by financing the process as we continue the development of our programs.”
The company has filed customary motions with the court to authorize ongoing operations, including the timely, uninterrupted payment of employee wages, salaries and benefits. Biora intends to pay vendors and suppliers in full under normal terms for goods and services provided during the Chapter 11 case. The company expects these motions to be approved in the coming days.
McDermott Will & Emery is Biora’s legal counsel, MTS Health Partners is its investment banker and Evora Partners is its restructuring advisor.
