ATLANTA, GA -- (Marketwire) -- 10/07/08 -- AtheroGenics, Inc. (NASDAQ: AGIX), a
pharmaceutical company focused on the treatment of chronic inflammatory
diseases, today announced that it has consented to the Involuntary Chapter
7 Petition filed against the Company on September 15, 2008 in the U.S.
Bankruptcy Court for the Northern District of Georgia, and has filed to
convert the case to a case under Chapter 11 of the United States Bankruptcy
Code.
The filing became necessary as a result of the Company's substantial debt
burden, which created a significant impediment to its ability to
effectively develop its primary asset, AGI-1067.
During the bankruptcy proceedings, AtheroGenics expects to sell the Company
and/or its key assets. Proceeds from any transactions will be distributed
to the Company's stakeholders, including its creditors. Prior to the sale
process, AtheroGenics cannot forecast the amount of these proceeds or
whether the combination of sale proceeds and cash on hand will exceed the
Company's liabilities. Therefore, the Company cannot predict whether or not
any proceeds will be distributed to shareholders.
"We believe that the Chapter 11 filing is a necessary step in response to
the creditors' involuntary liquidation petition," said Russell M. Medford,
M.D., Ph.D., President and Chief Executive Officer of AtheroGenics. "We
remain hopeful that AGI-1067 will ultimately continue to be developed, as
we believe that it has real potential to be the first diabetes treatment
that could reduce serious cardiovascular events. There remains a
significant medical need and commercial opportunity for a drug with this
profile."
AtheroGenics has retained the services of Merriman Curhan Ford and Co. to
assist with the sale of the Company and/or its key assets during the
Chapter 11 proceeding. The Company has also retained King & Spalding LLP to
serve as its legal advisor in the bankruptcy proceeding.
About AtheroGenics
AtheroGenics is a pharmaceutical company focused on the treatment of
chronic inflammatory diseases, including diabetes and coronary heart
disease. The Company's lead antioxidant and anti-inflammatory drug
candidate, AGI-1067, is being studied for the treatment of diabetes and has
successfully completed a Phase 3 clinical trial known as ANDES (AGI-1067 as
a Novel Anti-Diabetic Agent Evaluation Study).