Will Not Repay 2008 Notes at Maturity
ATLANTA, GA -- (Marketwire) -- 09/02/08 -- AtheroGenics, Inc. (NASDAQ: AGIX), a
pharmaceutical company focused on the treatment of chronic inflammatory
diseases, today reported that it will not repay the Company's 4.5%
Convertible Notes (the "2008 Notes," CUSIP 047439AB0) due today, nor will
it make its scheduled interest payment on the 2008 Notes or the 4.5%
Convertible Notes due March 1, 2011 (the "2011 Notes," CUSIP 047439AE4).
The Company has been attempting to restructure its 2008 Notes prior to
their maturity, but was unable to agree on a restructuring on terms
acceptable to the Company and the holders of the 2008 Notes. In a related
move, AtheroGenics has retained Morgan Stanley to assist it in evaluating
restructuring alternatives to its current capital structure. Holders of
all three series of convertible notes: the 2008 Notes, the 2011 Notes and
the 1.5% Convertible Notes due February 1, 2012 (the "2012 Notes," CUSIP
047439AD6 and CUSIP 047439AC8) are invited to contact Morgan Stanley
(contact information below) for further information.
"The very large debt burden of the Company has created a significant
impediment to our ability to effectively develop our primary asset,
AGI-1067," said Russell M. Medford, M.D., Ph.D., President and Chief
Executive Officer of AtheroGenics. "We believe that our actions today
appropriately account for the interests of the Company's various
stakeholders." Dr. Medford further stated, "We continue to believe that
there is a significant medical need and commercial opportunity for our
novel lead drug candidate, AGI-1067, which could become the first diabetes
treatment with demonstrated cardiovascular safety and the potential to
reduce serious cardiovascular events."
The Company intends to meet with the U.S. Food and Drug Administration in
the near term to discuss its plans for the second phase 3 clinical trial of
AGI-1067 as a treatment for type 2 diabetes.
The action announced today results in an event of default under the
indenture governing the 2008 Notes and creates an event of default under
the indentures governing the 2011 Notes and the 2012 Notes. The 2011 Notes
and 2012 Notes will be immediately due and payable upon the Company's
receipt of written notice from either the trustee for such notes or the
holders of not less than 25% in aggregate principal amount of each series
of notes.