Diomed files Chapter 11 bankruptcy; seeks sale of U.S. business to Biolitec AG PDF Print E-mail

Diomed Holdings Inc., a developer and marketer of minimally invasive medical technologies including its patented EVLT laser treatment for varicose veins, announced that it, together with its wholly owned subsidiary, Diomed Inc., has filed a voluntary petition under Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the District of Massachusetts, Western Division. The petition contemplates that Diomed (evlt.com) will sell certain of its operating assets to Biolitec AG, a manufacturer of medical lasers, optical fibers and other products, thereby enabling Biolitec to continue to operate Diomed’s business in the United States.

Diomed and Biolitec have entered into a non-binding letter of intent for the sale of specified assets for a purchase price of between $6 and $7 million. Biolitec reported revenues of €39 million and profits of €5.6 for its fiscal year ended June 30, 2007. Its shares are listed on the Prime Standard of the Frankfurt Stock Exchange. Biolitec is headquarted in Jena, Germany, and employs approximately 60 personnel at its U.S. operations based in East Longmeadow, Mass.

“The decision to pursue the sale of the company’s assets and operations through the bankruptcy process was an extremely difficult but appropriate decision for our Board of Directors to make,” commented James A. Wylie Jr., Diomed’s CEO. “In spite of our intensive efforts to seek a buyer for the company outside of bankruptcy and to work with our secured lenders to avoid seeking bankruptcy protection, the impact of infringement of the company’s products in the marketplace and delays in the judicial process proved impossible to overcome. We believe that, given the ongoing financial and legal challenges facing Diomed, bankruptcy is the best means available to protect the company’s assets and allow the company’s operations to be sold through an orderly process.”

With court approval, Diomed will continue operating in the ordinary course of business as a debtor-in-possession while it pursues the sale of specified assets to Biolitec and the sale of its other assets to third parties. Diomed expects to complete the asset sale to Biolitec within approximately 60 to 90 days and to sell its remaining assets in due course, under the court’s direction. These other assets include judgments in Diomed’s favor of approximately $14.7 million arising from Diomed’s successful patent infringement litigation in 2007 against defendants AngioDynamics Inc. and Vascular Solutions Inc. This litigation is currently on appeal, under bond, with a hearing on the appeal scheduled for April 10 at the appellate court.

Diomed and Biolitec’s letter of intent contemplates that to fund its operations during bankruptcy, Diomed will use its cash and receipts and will obtain debtor-in-possession financing from its senior secured creditor, Hercules Technology Growth Capital Inc. If Hercules and Diomed are unable to reach agreement on the terms of such financing, Biolitec has agreed in principle under the letter of intent to provide necessary financing of up to $2 million during the transition period. Such debtor-in-possession financing will be subject to court approval.

In a related development, Diomed’s wholly owned subsidiary, Diomed Ltd, has determined to file for Administration locally under the laws of the United Kingdom, contemporaneously with Diomed’s bankruptcy filing in the United States.

“We believe that Biolitec’s acquisition of Diomed’s operating assets and U.S. sales and marketing organization provides our loyal physician partners the best opportunity for an improved level of service, flow of new and innovative technologies, and continuity of supply of lasers and disposable products,” Wylie con cluded. “Finally, I would be remiss if I did not thank each and every employee of the company for their loyalty, dedication and commitment during the last several months. They stood the course and performed above all expectations during this very difficult time.”

Diomed develops and commercializes minimal and micro-invasive medical procedures that use its proprietary laser technologies and disposable products. Diomed’s EVLT laser vein ablation procedure is used in varicose vein treatments. Diomed also provides photodynamic therapy (PDT) for use in cancer treatments, and dental and general surgical applications. The EVLT procedure and the company’s related products were cleared by the U.S. FDA in January of 2002. Along with lasers and single-use procedure kits for its EVLT laser vein treatment, the company provides its customers with state of the art physician training and practice development support. VTN

 
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