Oscient Pharmaceuticals Corporation (NASDAQ:OSCI) today announced that
it cannot file on a timely basis its Quarterly Report on Form 10-Q for
the quarterly period ended March 31, 2009, which was due to be filed
with the Securities and Exchange Commission by May 15, 2009. The Company
does not expect that such filing will be made within five calendar days
of the due date, as required for the extension provided by Rule
12b-25(b) promulgated under the Securities Exchange Act of 1934 (the
“Exchange Act”).
The Company is unable to file its Quarterly Report on Form 10-Q by May
15, 2009 without unreasonable effort or expense as a result of the
departure of certain employees, as well as the ongoing review of
strategic alternatives previously expressed in the Company’s Annual
Report on Form 10-K for the fiscal year ended December 31, 2008. The
Company intends to complete the review of strategic alternatives as soon
as possible, but it cannot at this time determine when its Quarterly
Report on Form 10-Q for the quarter ended March 31, 2009 will be filed.
As noted in the Company’s Annual Report on Form 10-K for the fiscal year
ended December 31, 2008, the Company believes that it has cash to
continue current operations into the third quarter of 2009, unless it is
able to raise additional capital and/or refinance or amend the terms of
its capital structure. Additional financing may not be available, or, if
available, may not be available on favorable terms. If the Company does
not obtain adequate financing or is unable to pay its indebtedness as it
becomes due, it may have to take other measures to significantly reduce
expenses which will have a material adverse effect on its business
and/or the Company may seek bankruptcy protection.
As a result of voluntary conversions of Company’s 12.50% Convertible
Guaranteed Senior Notes due 2011 since the filing of the Company’s most
recent Annual Report on Form 10-K, the Company has approximately 61
million common shares outstanding.
About Oscient Pharmaceuticals
Oscient Pharmaceuticals Corporation is a commercial-stage pharmaceutical
company marketing two FDA-approved products in the United States: ANTARA®
(fenofibrate) capsules, a cardiovascular product and FACTIVE®
(gemifloxacin mesylate) tablets, a fluoroquinolone antibiotic. ANTARA is
indicated for the adjunct treatment of hypercholesterolemia (high blood
cholesterol) and hypertriglyceridemia (high triglycerides) in
combination with diet.