DARA BioSciences Closes $10.25 Million Public Offering and Regains Compliance With NASDAQ's Stockholders' Equity Requirement Funds Earmarked for Pending Commercial Launches of Bionect and Soltamox and Working Capital RALEIGH, N.C., May 1, 2012 (GLOBE NEWSWIRE) -- DARA BioSciences, Inc. (Nasdaq:DARA) (the "Company" or "DARA") announced that at a closing completed on April 26, 2012, it received $10,250,000 in gross proceeds from the sale of Series B-2 convertible preferred stock (convertible into a total of 10,250,000 shares of common stock) and warrants to purchase an equal number of shares of common stock. Dr. David J. Drutz, Chief Executive Officer, commented, "We are pleased to have consummated this financing and to have regained compliance with NASDAQ listing requirements. This financing will provide capital for the commercial launches of Soltamox^®, our FDA-approved treatment for breast cancer, and Bionect^®, our 510(k) FDA-cleared treatment for radiation skin damage in the oncology setting. Funds will also be used for general corporate purposes." Ladenburg Thalmann & Co., Inc., a subsidiary of Ladenburg Thalmann Financial Services Inc. (NYSE Amex:LTS), acted as the exclusive placement agent for this offering. On November 17, 2011, DARA received notice from the Listing Qualifications Staff of The NASDAQ Stock Market LLC (the "Staff") indicating that the Company did not satisfy the minimum stockholders' equity requirement and that its securities were therefore subject to delisting. The Company appealed the Staff's determination and appeared before a NASDAQ Listing Qualifications Panel on January 19, 2012, resulting in an extension to mid-April to meet NASDAQ listing requirements. Subsequent to the consummation of the financing, on April 20, 2012, DARA was notified by NASDAQ that it had regained compliance with the minimum stockholders' equity requirement for continued listing on The NASDAQ Capital Market, as set forth in NASDAQ Listing Rule 5550(b)(1). The securities were offered pursuant to an effective registration statement. This news release does not constitute an offer to sell these securities or a solicitation of an offer to buy these securities, nor shall there be any sale of these securities in any state or jurisdiction in which such an offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of any such state or jurisdiction. About DARA BioSciences, Inc. DARA is a specialty pharmaceutical company focused on the development and commercialization of oncology treatment and supportive care products. DARA holds the exclusive U.S. marketing rights to Soltamox^®, a novel oral liquid formulation of tamoxifen, a product used widely in the treatment and prevention of breast cancer. Soltamox^® is the only FDA approved oral liquid version of tamoxifen and fulfills a vital clinical need for patients who cannot tolerate existing tablet formulations of this drug. DARA plans to begin marketing Soltamox^® in the U.S. in the third quarter of 2012. DARA has also obtained exclusive U.S. commercial rights from Innocutis Holdings, LLC for Bionect^® (hyaluronic acid sodium salt, 0.2%) within the oncology and radiation oncology marketplace. Bionect^® is an FDA-cleared product indicated for the management of irritation of the skin as well as first and second degree burns. Bionect^® is currently being promoted and sold by Innocutis in the dermatology market. DARA plans to launch this product in 2Q 2012. DARA is also developing KRN5500, for the treatment of neuropathic pain in patients with cancer. KRN5500 has successfully completed a Phase IIa study and has been designated as a Fast Track Drug by the FDA.We are working with the National Cancer Institute (NCI) to design an additional clinical trial under joint DARA-NCI auspices while considering further internal Phase 2 development. In addition, DARA's pipeline includes DB959, a novel, non-TZD dual delta/gamma PPAR agonist for the treatment of type 2 diabetes and dyslipidemia. DARA has completed Phase I testing of DB959 and is presently pursuing opportunities to out-license this product. DARA also has rights to other PPAR and DPPIV-inhibitor compounds for which it intends to seek out-licensing or partnering opportunities. For more information please visit our web site at http://www.darabio.com. The DARA BioSciences, Inc. logo is available at http://www.globenewswire.com/newsroom/prs/?pkgid=11403. Safe Harbor Statement All statements in this news release that are not historical are forward-looking statements within the meaning of the Securities Exchange Act of 1934, as amended. Such forward-looking statements are subject to factors that could cause actual results to differ materially for DARA from those projected. Those factors include risks and uncertainties relating to the closing of the offering described in this news release, DARA's ability to timely commercialize and generate revenues or profits from Bionect^®, Soltamox^® or other products given DARA's lack of a current sales force and lack of history as a revenue-generating company, FDA and other regulatory risks relating to DARA's ability to market Bionect^®, Soltamox^® or other products in the U.S. or elsewhere, DARA's ability to develop and bring new products to market as anticipated, DARA's current cash position and its need to raise additional capital in order to be able to continue to fund its operations, the current regulatory environment in which the company develops and sells its products, the market acceptance of those products, dependence on partners, successful performance under collaborative and other commercial agreements, competition, the strength of DARA's intellectual property and the intellectual property of others, the potential delisting of DARA's common stock from the NASDAQ Capital Market, risks and uncertainties relating to DARA's ability to successfully integrate Oncogenerix and other risk factors identified in the documents DARA has filed, or will file, with the Securities and Exchange Commission ("SEC"). Copies of DARA's filings with the SEC may be obtained from the SEC Internet site at http://www.sec.gov. DARA expressly disclaims any obligation or undertaking to release publicly any updates or revisions to any forward-looking statements contained herein to reflect any change in DARA's expectations with regard thereto or any change in events, conditions, or circumstances on which any such statements are based. DARA BioSciences and the DARA logo are trademarks of DARA BioSciences, Inc. CONTACT: DARA Desk Redington, Inc. 212 926-1733 203 222-7399 DARA@redingtoninc.com DARA BioSciences, Inc. Logo
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DARA BioSciences Closes $10.25 Million Public Offering and Regains Compliance With NASDAQ's Stockholders' Equity Requirement
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