Athyrium Capital Management partners with VIVUS to support next growth phase
New capital to be used to facilitate the acquisition of PANCREAZE® (pancrelipase)
VIVUS, Inc. (Nasdaq:VVUS) (the “Company”), a biopharmaceutical company and Athyrium Capital Management L.P. (“Athyrium”), a specialized asset management company focused on investment opportunities in the global healthcare sector, today announced an agreement to restructure a portion of VIVUS’ corporate debt while raising new funds through the issuance of debt securities to investment funds managed by Athyrium.
“Addressing the amount and structure of our debt is a key priority for VIVUS, and this agreement is an important step in achieving that goal,” said John Amos, new Chief Executive Officer at VIVUS. “Athyrium has been a strong partner in this endeavor, and we appreciate their support of our long-term objectives. The availability of the new debt capital from Athyrium provides us with financial flexibility as we continue to seek cash-flow positive products that enhance our financial strength while providing clinical benefit to patients.”
“We are long-term investors in companies with clinically meaningful products,” said Laurent Hermouet, Partner at Athyrium. “The transactions announced today provide VIVUS with flexibility to seek compelling new business development opportunities. We are pleased to have the opportunity to work collaboratively with the VIVUS leadership team as they build a multi-product, profitable biopharmaceutical company.”
VIVUS has entered into a $120 million Senior Secured Note Purchase Agreement with investment funds managed by Athyrium. The agreement provides for $110 million of notes to be issued by VIVUS concurrent with the closing of the PANCREAZE acquisition and subject to the satisfaction of other customary closing conditions, with the remaining $10 million available for issuance upon meeting certain financial thresholds or repurchasing the Company’s Convertible Notes at certain prices. The Senior Secured Notes due 2024 will bear interest at 10.375% and will be interest-only for the first three years. Concurrently with the Senior Secured Notes issuance, VIVUS will repurchase the $60 million of Convertible Notes held by funds managed by Athyrium, at a discount to par.