| Item 2.01. |
Completion of Acquisition or Disposition of Assets. |
As previously disclosed, on June 21, 2024, Amylyx Pharmaceuticals, Inc., a Delaware corporation (“Amylyx” or the “Company”), and Eiger BioPharmaceuticals, Inc., a Delaware corporation (the “Seller”), entered into an Asset Purchase Agreement (the “Asset Purchase Agreement”), pursuant to which the Company agreed to acquire substantially all of the Seller’s rights, title and interests in, to and under those assets and interests used by the Seller in the development, manufacture and commercialization of Avexitide for $35.1 million, plus the aggregate amount of determined cure costs and assumed liabilities. At a hearing held on June 26, 2024, the United States Bankruptcy Court for the Northern District of Texas approved the sale of the Seller’s Avexitide asset to Amylyx.
The sale of the Seller’s Avexitide asset closed on July 9, 2024. Under the terms of the sale, Amylyx acquired the Seller’s Avexitide asset and will be responsible for its development, manufacture and commercialization.
Cautionary Note Regarding Forward-Looking Statements
This Form 8-K contains statements that are, or may be deemed, “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995, as amended. Because such statements are subject to risks and uncertainties, actual results may differ materially from those expressed or implied by such forward-looking statements. Such statements include, but are not limited to, the Company’s ability to complete the transactions contemplated by the Asset Purchase Agreement, and the Company’s ability to develop, manufacture and commercialize Avexitide, if approved, following the closing of the sale. Any forward-looking statements in this Form 8-K are based on management’s current expectations of future events and are subject to a number of risks and uncertainties that could cause actual results to differ materially and adversely from those set forth in or implied by such forward-looking statements. Risks that contribute to the uncertain nature of the forward-looking statements include the possibility that the Company is unable to develop, manufacture and commercialize Avexitide, if approved, as intended. All forward-looking statements contained in this Form 8-K speak only as of the date on which they were made. The Company undertakes no obligation to update such statements to reflect events that occur or circumstances that exist after the date on which they were made, except as required by law.