Nuvectra® Continuing to Support Current Patients with the Algovita® Implant as Company Voluntarily Files for Chapter 11
13 November 2019 - 9:35AM
Nuvectra Corporation (NASDAQ: NVTR) (“Nuvectra” or the “Company”),
a neurostimulation medical device company, today announced that it
has elected to file a voluntary petition for reorganization under
Chapter 11 of the United States Bankruptcy Code in the U.S.
Bankruptcy Court for the Eastern District of Texas (the “Court”).
The Company intends to use this Court-supervised process to
continue its review of a range of options to maximize value and
address its financial obligations. The Board of Directors and
management team continue to believe that the Company and its assets
have considerable value and are exploring a range of options,
including a sale of the Company as a whole, of the Algovita Spinal
Cord Stimulation System (“Algovita”), of Virtis® or of specified
assets.
Furthermore, Nuvectra is committed to supporting existing
patients using Algovita, as well as the physicians, clinicians and
facilities treating patients with Algovita. The safety and
functionality of Algovita will not be impacted by the
Court-supervised process. The Company is currently suspending its
support of future implants until the Company’s path forward is
determined and recommends physicians cease any new implantations,
as well as trial procedures and clinical studies in progress, until
that time.
Dr. Fred Parks, Nuvectra’s Chief Executive Officer, commented,
“Since launching as an independent company, Nuvectra has been
investing in our mission to help physicians improve the lives of
people with chronic conditions. We were successful in bringing
Algovita to market and have opportunities in our pipeline,
including Virtis, which we believe will generate value in the
future. To fund our innovation and commercialization efforts, the
Company took on substantial debt. We have been working to achieve
an alternative path forward through our extensive review of options
for our business over the past several months. Following
constructive discussions with our lenders, the Court-supervised
process we are starting today will provide us the time and
flexibility we need to continue our review of options, maximize the
value of our assets and address our financial obligations.”
Dr. Parks continued, “We are committed to supporting the
patients who are using our device and their physicians and
clinicians by maintaining a team of clinical specialists and
product support specialists.”
Patients or physicians with questions regarding Algovita should
contact Nuvectra Customer Service by calling 1-844-727-7897 (or
+1-214-618-4980 for calls originating outside the U.S.) and
selecting option one or sending an email to
support@nuvectramed.com.
The Company has filed a number of customary motions seeking
Court authorization to support its operations during the
Court-supervised process, including a consensual cash collateral
motion and a motion to pay employee wages and benefits. The Company
expects to receive Court approval for these requests shortly.
Additional InformationAdditional resources for
vendors and other outside parties, including court filings and
other documents related to the Chapter 11 process, are available on
a website administered by Nuvectra’s claims agent, KCC,
at http://www.kccllc.net/nuvectra. Information is also
available by calling 1-888-201-2205 (U.S. and Canada) or
+1-310-751-1839 (International).
Norton Rose Fulbright US LLP and Dorsey & Whitney LLP are
serving as the Company’s legal counsel and Alvarez & Marsal is
serving as restructuring advisor.
About Nuvectra CorporationNuvectra® is a
neurostimulation company committed to helping physicians improve
the lives of people with chronic conditions. The Algovita® Spinal
Cord Stimulation (SCS) System is our first commercial offering and
is CE marked and FDA approved for the treatment of chronic
intractable pain of the trunk and/or limbs. Our innovative
technology platform also has capabilities under development to
support other indications such as sacral neuromodulation (SNM) for
the treatment of overactive bladder, and deep brain stimulation
(DBS) for the treatment of Parkinson’s Disease.
Cautionary Note Regarding Forward-Looking
Statements
This press release contains "forward-looking statements,"
including statements we make regarding the outlook for Nuvectra as
an independent publicly-traded company. Forward-looking statements
are based only on our current beliefs, expectations and assumptions
regarding the future of our business, future plans and strategies,
projections, anticipated events and trends, the economy and other
future conditions, and therefore they are subject to inherent
uncertainties, risks and changes in circumstances that are
difficult to predict and may be outside of our control. Our actual
performance may differ materially from those indicated in the
forward-looking statements. Therefore, you should not rely on any
of these forward-looking statements. Any forward-looking statement
made by us is based only on information currently available to us
and speaks only as of the date on which it is made. Important
factors that could cause our actual results to differ materially
from those indicated in the forward-looking statements include: (i)
our ability to successfully scale and continue operations during
the court-supervised process; (ii) our ability to successfully sell
assets or take other steps to maximize value and address our
financial obligations under the court-supervised process; (iii)
potential adverse effects of the court-supervised process on our
liquidity and results of operations; (iv) the potential of adverse
rulings in the court-approved process, including the possibility
that we may fail to obtain timely approval with respect to the
motions we have filed or will file in the future; (v) the risk that
motions filed by third parties could protract, or impede our
objectives under, the court-supervised process; (vi) employee
attrition and our ability to retain management and other key
personnel due to distractions and uncertainties, including our
ability to provide adequate compensation and benefits during the
court-supervised process; (vii) our ability to maintain
relationships with suppliers, customers, employees and other third
parties and regulatory authorities as a result of the
court-supervised process; (viii) the effects of the reorganization
petitions on us and on the interests of our various constituents,
including holders of our common stock; (ix) the detrimental effect
the reorganization petitions could have on our ability to access
the capital markets in the future, if desired; (x) the length of
time that we will operate under the court-supervised process and
the continued availability of operating capital during the pendency
of the proceedings; (xi) increased administrative and legal costs
related to the court-supervised process and other litigation and
inherent risks involved in a reorganization process; (xii) our
ability to successfully market Algovita and to develop enhancements
or improvements to Algovita; (xiii) the uncertainty and timing of
obtaining regulatory approvals in the United States and Europe for
our Virtis sacral neuromodulation system; (xiv) the scope of
protection for our intellectual property rights covering Algovita
and other products using our neurostimulation technology platform,
along with any product enhancements or improvements; and (xv) our
compliance with all regulatory and legal requirements regarding
implantable medical devices and interactions with healthcare
professionals. Please see the section entitled “Risk Factors” in
Nuvectra’s Annual Report on Form 10-K and in our other quarterly
and periodic filings for a description of these and other risks and
uncertainties. We undertake no obligation to publicly update
any forward-looking statement, whether written or oral, that may be
made from time to time, whether as a result of new information,
future developments or otherwise.
Investors Jennifer KosharekChief Financial
Officerinvestors@nuvectramed.com
MediaMichael Freitag / Nicholas Lamplough /
Aaron PalashJoele Frank Wilkinson Brimmer Katcher(212)
355-4449
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