Emergent BioSolutions Inc. (NYSE:EBS) released the following statement
today relating to its efforts to collect on the debt owed to it by
Protein Sciences Corporation (PSC) through the filing of an involuntary
bankruptcy petition with the federal bankruptcy court in Delaware:
Today the court ruled that:
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PSC is insolvent under the federal bankruptcy laws, because it
generally was not paying its debts as they become due;
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Emergent and two other petitioning creditors held valid claims against
PSC without bona fide dispute; and
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Emergent’s claim in excess of $11.5 million is due and owing.
The court, however, abstained from putting PSC into bankruptcy, because
it found that Emergent’s claims more appropriately should be pursued in
its other pending lawsuits, including the "replevin” or foreclosure
action in the Connecticut state court. The breach of contract and tort
claims properly may be heard in the pending New York state and
Connecticut federal court actions. Emergent intends to continue to
pursue its rights in those courts and remains confident that it will be
able to achieve a full recovery.
About Emergent BioSolutions Inc.
Emergent BioSolutions Inc. is a biopharmaceutical company focused on the
development, manufacture and commercialization of vaccines and
therapeutics that assist the body’s immune system to prevent or treat
disease. Emergent’s marketed product, BioThrax® (Anthrax
Vaccine Adsorbed), is the only vaccine licensed by the U.S. Food and
Drug Administration for the prevention of anthrax disease. Emergent’s
development pipeline includes programs focused on anthrax, botulism,
tuberculosis, typhoid, hepatitis B and chlamydia. Additional information
may be found at www.emergentbiosolutions.com.