Kalytera Therapeutics, Inc. (TSX VENTURE: KLY and OTC: KALTF) (the “Company” or “Kalytera”) is providing an update to its news release dated April 28, 2020 on the status of the filing of its annual financial statements for the fiscal year ending December 31, 2019 and the interim financial statements for the interim period ending March 31, 2020, including the accompanying management’s discussion and analysis and related CEO and CFO certifications.
On March 18, 2020, the Canadian Securities Administrators issued a notice that as a result of the COVID-19 pandemic the various securities regulators in Canada will be providing coordinated relief consisting of a 45-day extension for certain periodic filings required to be made on or before June 1, 2020. Further to this notice, the Alberta Securities Commission enacted Blanket Order 51-517, Temporary Exemption from Certain Corporate Finance Requirements (“BO 51-517”), the British Columbia Securities Commission enacted BC Instrument 51-515, Temporary Exemption from Certain Corporate Finance Requirements (“BCI 51-515”), and the Ontario Securities Commission enacted the Ontario Instrument 51-502, Temporary Exemption from Certain Corporate Finance Requirements (“OI 51-502”).
The Company, being a reporting issuer in the provinces of Alberta, British Columbia, and Ontario, will be relying on the temporary exemptions pursuant to BO 51-517, BCI 51-515, and OI 51-502 with respect to the following provisions:
- The requirement to file audited financial statements for the year ended December 31, 2019 and the interim period ended March 31, 2020 (the “Financial Statements”) within 120 days of the Company’s financial year end and 60 days after the end of the mentioned interim period (respectively), as required by sections 4.2(b) and 4.4(b) of National Instrument 51-102 (“NI 51-102“);
- The requirement to file management discussion and analysis (the “MD&A”) for the period covered by the Financial Statements within 120 days of the Company’s financial year (with respect of the annual financial statements) and within 60 days of the mentioned interim period (with respect of the mentioned interim financial statements) required by section 5.1(2) of NI 51-102; and
- The requirement to file certifications of the Financial Statements (the “Certificates” and together with the Financial Statements, the “Filings”) pursuant to sections 4.1 and 5.1 of National Instrument 52-109.
The Company is continuing to work diligently with its auditors and will attempt to file the Filings by June 14, 2020. In the interim, members of the Company’s management and other insiders are subject to a trading black-out policy that reflects the principles in section 9 of National Policy 11-207.
The Company confirms that since the filing of its interim condensed consolidated financial statements for the period ended September 30, 2019 and its previous news release of April 28, 2020 regarding the temporary exemptions pursuant to BO 51-517, BCI 51-515, and OI 51-502, there have been no material developments other than those disclosed through news releases.
Through its proven leadership, drug development expertise, and intellectual property portfolio, Kalytera seeks to establish a leading position in the development of novel medicines for a range of important unmet medical needs.
President and CEO
Phone: (888) 861-2008
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This press release may contain certain forward-looking information and statements (“forward-looking information”) within the meaning of applicable Canadian securities legislation, that are not based on historical fact, including without limitation in respect of its product candidate pipeline, planned clinical trials, regulatory approval prospects, intellectual property objectives, success of any funding initiatives, and other statements containing the words “believes”, “anticipates”, “plans”, “intends”, “will”, “should”, “expects”, “continue”, “estimate”, “forecasts” and other similar expressions. Readers are cautioned to not place undue reliance on forward-looking information. Actual results and developments may differ materially from those contemplated by these statements depending on, among other things, the risk that future clinical studies, licensing and acquisition transactions, and/or any private placement or public offering may not proceed as expected or may produce unfavorable results, or that any financing may not proceed as planned, and the risk of the contemplated transactions not proceeding or closing on the terms initially contemplated. Kalytera undertakes no obligation to comment on analyses, expectations or statements made by third parties, its securities, or financial or operating results (as applicable). Although Kalytera believes that the expectations reflected in forward-looking information in this press release are reasonable, such forward-looking information has been based on expectations, factors and assumptions concerning future events which may prove to be inaccurate and are subject to numerous risks and uncertainties, certain of which are beyond Kalytera’s control. The forward-looking information contained in this press release is expressly qualified by this cautionary statement and is made as of the date hereof. Kalytera disclaims any intention and has no obligation or responsibility, except as required by law, to update or revise any forward-looking information, whether as a result of new information, future events or otherwise.