CA Market News
1月前
Burcon Announces Appointment of New DirectorApril 29, 2026 5:21 PM
NewsfileVancouver, British Columbia--(Newsfile Corp. - April 29, 2026) - Burcon NutraScience Corporation (TSX: BU) (OTCQB: BRCNF) (the "Burcon" or the "Company"), a global technology leader in plant-based protein innovation, is pleased to announce the appointment of Mr. Chris Bunio to the board of directors (the "Board") of Burcon. Mr. Bunio has been active in the technology industry for nearly 30 years. Mr. Bunio is a Co-founder and the CEO of TheoryMesh, a Winnipeg, Manitoba-based company focused on agriculture and food supply chains. He operationalized TheoryMesh in 2021 to develop technology for traceability solutions leveraging blockchain and machine learning. Prior to founding TheoryMesh, Mr. Bunio spent 18 years with Microsoft, leading strategy, sales and business development globally as a senior director primarily covering public sector industries, including government, healthcare and higher education while being based in Jordan, UK, Turkey and the United States. Mr. Bunio has deep experience in solution architecture, software development and global business development.Returning to Winnipeg after nearly 20 years abroad, Mr. Bunio has been actively engaging in the technology ecosystem in Manitoba and assisting various organizations with planning for strategic development of the tech industry and capacity building. Mr. Bunio completed his degree in Physics at the University of Manitoba focusing on theoretical physics and computational methods.Burcon also announces the departure of Ms. Jeanne McCaherty and Mr. Richard Nazur Jr. from the Board. Since joining Burcon's Board in July 2021, Ms. McCaherty has drawn from her extensive experience in the food industry to impart invaluable guidance to Burcon. While Mr. Nazur Jr. joined Burcon in September 2025, Burcon appreciates Mr. Nazur Jr.'s contributions during his tenure, and in particular, his expertise in the commodity markets. About Burcon NutraScience CorporationBurcon is a global technology leader in plant-based proteins for food and beverage applications. The Company has developed a portfolio of high-performance protein ingredients, including Peazzaz®, FavaProTM and Puratein®, and is focused on commercializing its technologies through manufacturing partnerships and growing customer adoption worldwide.Forward-Looking Information Cautionary StatementThe TSX has not reviewed and does not accept responsibility for the adequacy of the content of the information contained herein. This press release contains forward-looking statements or forward-looking information within the meaning of the U.S. Private Securities Litigation Reform Act of 1995 and applicable Canadian securities legislation. Forward-looking statements or forward-looking information involve risks, uncertainties and other factors that could cause actual results, performances, prospects and opportunities to differ materially from those expressed or implied by such forward-looking statements. Forward-looking statements or forward-looking information can be identified by words such as "anticipate," "aim", "intend," "plan," "goal," "project," "estimate," "expect," "believe," "future," "likely," "may," "should," "could," "will" and similar references to future periods. All statements included in this release, other than statements of historical fact, are forward-looking statements. There can be no assurance that such statements will prove to be accurate, and actual results and future events could differ materially from those anticipated in such statements or information. Important factors that could cause actual results to differ materially from Burcon's plans and expectations include the implementation of our business model and growth strategies; trends and competition in our industry our future business development, financial condition and results of operations and our ability to obtain financing cost-effectively; potential changes of government regulations, and other risks and factors detailed herein and from time to time in the filings made by Burcon with securities regulators and stock exchanges, including in the section entitled "Risk Factors" in Burcon's annual information form for the year ended March 31, 2025 and its other public filings with Canadian securities regulators on SEDAR+ at www.sedarplus.ca. This list is not exhaustive of the factors that may affect any of the Company's forward-looking statements or information. Any forward-looking statement or information speaks only as of the date on which it was made, and, except as may be required by applicable securities laws, Burcon disclaims any intent or obligation to update any forward-looking statement, whether as a result of new information, future events or otherwise. Although Burcon believes the assumptions inherent in the forward-looking statements are reasonable, forward-looking statements are not guarantees of future performance, and, accordingly, investors should not rely on such statements.Industry and Investor Contact
Investor Relations and Communications
Burcon NutraScience Corporation
490 - 999 West Broadway, Vancouver, BC, V5Z 1K5
Tel (604) 733-0896
info@burcon.ca www.burcon.ca Media Contact:
Steve Campbell, APR
President
Campbell & Company Public Relations
Tel (604) 888-5267
TECH@CCOM-PR.COMTo view the source version of this press release, please visit https://www.newsfilecorp.com/release/295061
Original: Burcon Announces Appointment of New Director
CA Market News
2月前
Burcon Achieves Record Production, Expands to More than 20 Buying Customers and Evaluates Additional Capacity ExpansionApril 20, 2026 8:00 AM
NewsfileVancouver, British Columbia--(Newsfile Corp. - April 20, 2026) - Burcon NutraScience Corporation (TSX: BU) (OTCQB: BRCNF) ("Burcon" or the "Company"), a global technology leader in plant-based proteins, today announced recent operational and commercial milestones demonstrating accelerating momentum in its scale-up and commercialization strategy.Over the past several weeks, the Company achieved record production, increasing average daily output by approximately 40% as compared to the calendar Q1 average, which proves production capability needed to achieve 2026 goals. In response to growing demand, Burcon and its manufacturing partner, RE ProMan LLC, are evaluating additional capacity expansion opportunities to support future customer requirements.Burcon has expanded its commercial footprint to more than 20 buying customers across multiple food and beverage categories, including ready-to-mix beverages, nutrition products and plant-based food applications, reflecting growing market adoption of its protein ingredients.Demand is being generated across Burcon's full product portfolio, including Peazzaz®, FavaProTM and Puratein®, which are designed to deliver high purity, functionality, taste and solubility across a broad range of applications."We are encouraged by the continued progress across both our operations and commercial activities," said Kip Underwood, Chief Executive Officer. "Increased record production levels, a growing base of buying customers and continued capacity expansion efforts reflect a business gaining traction in the market. Our focus remains on scaling efficiently, supporting customer growth and executing against our path to profitability."Food manufacturers seeking high-performance plant-based protein solutions are encouraged to contact the Company to discuss product evaluation opportunities.About Burcon NutraScience CorporationBurcon is a global technology leader in plant-based proteins for food and beverage applications. The Company has developed a portfolio of high-performance protein ingredients, including Peazzaz®, FavaProTM and Puratein®, and is focused on commercializing its technologies through manufacturing partnerships and growing customer adoption worldwide.Forward-Looking Information Cautionary Statement
The TSX has not reviewed and does not accept responsibility for the adequacy of the content of the information contained herein. This press release contains forward-looking statements or forward-looking information within the meaning of the U.S. Private Securities Litigation Reform Act of 1995 and applicable Canadian securities legislation, including statements relating to insider participation in the private placement. Forward-looking statements or forward-looking information involve risks, uncertainties and other factors that could cause actual results, performances, prospects and opportunities to differ materially from those expressed or implied by such forward-looking statements. Forward-looking statements or forward-looking information can be identified by words such as "anticipate," "aim", "intend," "plan," "goal," "project," "estimate," "expect," "believe," "future," "likely," "may," "should," "could," "will" and similar references to future periods. All statements included in this release, other than statements of historical fact, are forward-looking statements. There can be no assurance that such statements will prove to be accurate, and actual results and future events could differ materially from those anticipated in such statements or information. Important factors that could cause actual results to differ materially from Burcon's plans and expectations include the implementation of our business model and growth strategies; trends and competition in our industry our future business development, financial condition and results of operations and our ability to obtain financing cost-effectively; potential changes of government regulations, and other risks and factors detailed herein and from time to time in the filings made by Burcon with securities regulators and stock exchanges, including in the section entitled "Risk Factors" in Burcon's annual information form for the year ended March 31, 2025 and its other public filings with Canadian securities regulators on SEDAR+ at www.sedarplus.ca. This list is not exhaustive of the factors that may affect any of the Company's forward-looking statements or information. Any forward-looking statement or information speaks only as of the date on which it was made, and, except as may be required by applicable securities laws, Burcon disclaims any intent or obligation to update any forward-looking statement, whether as a result of new information, future events or otherwise. Although Burcon believes the assumptions inherent in the forward-looking statements are reasonable, forward-looking statements are not guarantees of future performance, and, accordingly, investors should not rely on such statements.Industry and Investor Contact
Investor Relations and Communications
Burcon NutraScience Corporation
490 - 999 West Broadway, Vancouver, BC, V5Z 1K5
Tel (604) 733-0896
Info@burcon.ca www.burcon.ca Media Contact:
Steve Campbell, APR
President
Campbell & Company Public Relations
Tel (604) 888-5267
TECH@CCOM-PR.COMTo view the source version of this press release, please visit https://www.newsfilecorp.com/release/293316
Original: Burcon Achieves Record Production, Expands to More than 20 Buying Customers and Evaluates Additional Capacity Expansion
CA Market News
3月前
Burcon Closes Second Tranche of Non-Brokered Private Placement of Convertible Debentures of up to $6.9 MillionFebruary 27, 2026 4:37 PM
NewsfileVancouver, British Columbia--(Newsfile Corp. - February 27, 2026) - Burcon NutraScience Corporation (TSX: BU) (OTCQB: BRCNF) ("Burcon" or the "Company"), a global technology leader in plant-based protein innovation, is pleased to announce the closing of the second tranche of its previously announced non-brokered private placement (see news releases of the Company dated January 2, 2026 and January 9, 2026) of convertible debentures (the "Convertible Debentures") for an aggregate principal amount of $6.9 million (the "Private Placement"). Under the second tranche, Burcon issued Convertible Debentures in the aggregate principal amount of $2.75 million. To date, insiders of the Company have subscribed for Convertible Debentures totaling $2.7 million in principal amount under the first and second tranches and Burcon has closed an aggregate of $4 million principal amount under the Private Placement. The Company expects to close the final tranche of the Private Placement prior to April 24, 2026."The successful closing of the cash portion of our financing marks an important milestone for Burcon," said Kip Underwood, Burcon's Chief Executive Officer. "With the full targeted cash proceeds now secured, we have strengthened our balance sheet and enhanced our ability to scale production and accelerate commercial execution. The remaining loan conversion component is a non-cash transaction and will further align stakeholders as we continue building long-term value."Convertible Debentures DetailsTranchePrincipal AmountClosing DateComponentFirst Tranche$1.25 millionDecember 31, 2025CashSecond Tranche$2.75 millionFebruary 27, 2026CashFinal Tranche$2.90 millionPrior to April 24, 2026Non-cash loan conversion The Convertible Debentures terms and use the net proceeds from the Private Placement are set out in the Company's news release dated January 2, 2026. The Company did not pay any finder's fee in connection with the Private Placement. The Company has received an aggregate of $4 million in cash from the closing of the first and second tranches of the Private Placement. As disclosed in the Company's management proxy circular dated January 12, 2026, the Company expects that $2.3 million of the Private Placement will be paid by way of an offset from a loan due to an insider of the Company. A further $600,000 of the Private Placement is expected to be paid by way of an offset from a loan due to an insider of the Company. The issuance of Convertible Debentures to insiders under the Private Placement will be considered a related party transaction under Multilateral Instrument 61-101. The Company intends to rely on exemptions from the formal valuation and minority shareholder approval requirements provided under sections 5.5(a) and 5.7(1)(a) of Multilateral Instrument 61-101 on the basis that the participation in the Private Placement by insiders does not exceed 25% of the Company's market capitalization.The securities being offered under the Private Placement have not been and will not be registered under the United States Securities Act of 1933, as amended, or any state securities laws and may not be offered or sold in the United States or to, or for the account or benefit of, U.S. persons absent registration or an applicable exemption from the registration requirements. This press release does not constitute an offer to sell or the solicitation of an offer to buy nor will there be any sale of the securities in any State in which such offer, solicitation or sale would be unlawful.About Burcon NutraScience CorporationBurcon is a global technology leader in high-performance plant-based proteins for the food and beverage industry. Our commercial ingredients offer superior taste, texture, and functionality—ideal for formulators seeking next-generation protein solutions. Backed by over two decades of innovation, Burcon holds an extensive patent portfolio covering novel proteins derived from pea, canola, soy, hemp, sunflower, and other plant sources. As a key player in the rapidly growing plant-based market, Burcon is committed to sustainability and to creating best-in-class protein solutions that are better for people and the planet. Learn more at www.burcon.ca.Forward-Looking Information Cautionary StatementThe TSX has not reviewed and does not accept responsibility for the adequacy of the content of the information contained herein. This press release contains forward-looking statements or forward-looking information within the meaning of the U.S. Private Securities Litigation Reform Act of 1995 and applicable Canadian securities legislation. Forward-looking statements or forward-looking information involve risks, uncertainties and other factors that could cause actual results, performances, prospects and opportunities to differ materially from those expressed or implied by such forward-looking statements. Forward-looking statements or forward-looking information can be identified by words such as "anticipate," "aim", "intend," "plan," "goal," "project," "estimate," "expect," "believe," "future," "likely," "may," "should," "could," "will" and similar references to future periods. All statements included in this release, other than statements of historical fact, are forward-looking statements. There can be no assurance that such statements will prove to be accurate, and actual results and future events could differ materially from those anticipated in such statements or information. Important factors that could cause actual results to differ materially from Burcon's plans and expectations include the implementation of our business model and growth strategies; trends and competition in our industry our future business development, financial condition and results of operations and our ability to obtain financing cost-effectively; potential changes of government regulations, and other risks and factors detailed herein and from time to time in the filings made by Burcon with securities regulators and stock exchanges, including in the section entitled "Risk Factors" in Burcon's annual information form for the year ended March 31, 2025 and its other public filings with Canadian securities regulators on SEDAR+ at www.sedarplus.ca. This list is not exhaustive of the factors that may affect any of the Company's forward-looking statements or information. Any forward-looking statement or information speaks only as of the date on which it was made, and, except as may be required by applicable securities laws, Burcon disclaims any intent or obligation to update any forward-looking statement, whether as a result of new information, future events or otherwise. Although Burcon believes the assumptions inherent in the forward-looking statements are reasonable, forward-looking statements are not guarantees of future performance, and, accordingly, investors should not rely on such statements.Industry and Investor Contact
Paul Lam
Director, Investor Relations and Communications
Burcon NutraScience Corporation
490 - 999 West Broadway, Vancouver, BC, V5Z 1K5
Tel (604) 733-0896, Toll-free (888) 408-7960
plam@burcon.ca www.burcon.ca Media Contact:
Steve Campbell, APR
President
Campbell & Company Public Relations
Tel (604) 888-5267
TECH@CCOM-PR.COMTo view the source version of this press release, please visit https://www.newsfilecorp.com/release/285731
Original: Burcon Closes Second Tranche of Non-Brokered Private Placement of Convertible Debentures of up to $6.9 Million
CA Market News
4月前
Burcon Announces Results of Shareholder MeetingFebruary 20, 2026 3:33 PM
NewsfileVancouver, British Columbia--(Newsfile Corp. - February 20, 2026) - Burcon NutraScience Corporation (TSX: BU) (OTCQB: BRCNF) (the "Burcon" or the "Company"), a global technology leader in plant-based protein innovation, is pleased to announce that all meeting matters put forth to shareholders, as voted on by shareholders, and where applicable, disinterested shareholders, were duly approved at its 2026 special meeting of shareholders (the "Meeting") held on February 20, 2026. Shareholders of the Company approved the resolutions related to the Company's private placement of convertible debentures (the "Convertible Debenture Financing") and the amendment to the expiry date of its outstanding warrants held by insiders. Disinterested shareholder approval was obtained in connection with certain resolutions. The Company has filed a report of voting results setting out the full details of the voting results for each resolution passed at the Meeting on the SEDAR+ website at www.sedarplus.ca. As previously announced, the Company expects to close the Convertible Debenture Financing on or about February 24, 2026.About Burcon NutraScience CorporationBurcon is a global technology leader in high-performance plant-based proteins for the food and beverage industry. Our commercial ingredients offer superior taste, texture, and functionality-ideal for formulators seeking next-generation protein solutions. Backed by over two decades of innovation, Burcon holds an extensive patent portfolio covering novel proteins derived from pea, canola, soy, hemp, sunflower, and other plant sources. As a key player in the rapidly growing plant-based market, Burcon is committed to sustainability and to creating best-in-class protein solutions that are better for people and the planet. Learn more at www.burcon.ca.Forward-Looking Information Cautionary Statement
The TSX has not reviewed and does not accept responsibility for the adequacy of the content of the information contained herein. This press release contains forward-looking statements or forward-looking information within the meaning of the U.S. Private Securities Litigation Reform Act of 1995 and applicable Canadian securities legislation. Forward-looking statements or forward-looking information involve risks, uncertainties and other factors that could cause actual results, performances, prospects and opportunities to differ materially from those expressed or implied by such forward-looking statements. Forward-looking statements or forward-looking information can be identified by words such as "anticipate," "aim", "intend," "plan," "goal," "project," "estimate," "expect," "believe," "future," "likely," "may," "should," "could," "will" and similar references to future periods. All statements included in this release, other than statements of historical fact, are forward-looking statements. There can be no assurance that such statements will prove to be accurate, and actual results and future events could differ materially from those anticipated in such statements or information. Important factors that could cause actual results to differ materially from Burcon's plans and expectations include the implementation of our business model and growth strategies; trends and competition in our industry our future business development, financial condition and results of operations and our ability to obtain financing cost-effectively; potential changes of government regulations, and other risks and factors detailed herein and from time to time in the filings made by Burcon with securities regulators and stock exchanges, including in the section entitled "Risk Factors" in Burcon's annual information form for the year ended March 31, 2025 and its other public filings with Canadian securities regulators on SEDAR+ at www.sedarplus.ca. This list is not exhaustive of the factors that may affect any of the Company's forward-looking statements or information. Any forward-looking statement or information speaks only as of the date on which it was made, and, except as may be required by applicable securities laws, Burcon disclaims any intent or obligation to update any forward-looking statement, whether as a result of new information, future events or otherwise. Although Burcon believes the assumptions inherent in the forward-looking statements are reasonable, forward-looking statements are not guarantees of future performance, and, accordingly, investors should not rely on such statements.Industry and Investor Contact
Paul Lam
Director, Investor Relations and Communications
Burcon NutraScience Corporation
490 - 999 West Broadway, Vancouver, BC, V5Z 1K5
Tel (604) 733-0896, Toll-free (888) 408-7960
plam@burcon.ca www.burcon.ca Media Contact:
Steve Campbell, APR
President
Campbell & Company Public Relations
Tel (604) 888-5267
TECH@CCOM-PR.COMTo view the source version of this press release, please visit https://www.newsfilecorp.com/release/284734
Original: Burcon Announces Results of Shareholder Meeting
CA Market News
4月前
Stonegate Updates Coverage on Burcon Nutrascience Corporation (BU) FY26 Q3February 12, 2026 9:18 AM
NewsfileDallas, Texas--(Newsfile Corp. - February 12, 2026) - Burcon Nutrascience Corporation (TSX: BU): Stonegate Capital Partners updates their coverage on Burcon Nutrascience Corporation (TSX: BU). Burcon's Galesburg production facility represents a pivotal transition from development-stage operations to commercial scale, with 3Q26 revenue of $739,000 reflecting approximately 107% quarter-over-quarter growth driven by protein sales and production activity at the site. Notably, the Company entered CY2025 without a production facility and exited the year meeting its revenue target, underscoring the speed of commercialization following Galesburg's launch. Management indicated that staffing and infrastructure are now in place, positioning incremental volume growth to occur with limited additional fixed costs and supporting operating leverage as throughput increases. Importantly, once a customer's product is commercialized, ingredient purchases typically recur on a month-to-month basis; with approximately 65-70% of expected growth tied to customers already purchasing and over 200 active projects in the pipeline, Galesburg serves as the backbone of durable, recurring revenue expansion. To view the full announcement, including downloadable images, bios, and more, click here. Key Takeaways: Revenue increased 1,100% y/y Over 200 active projects Double digit revenue expected in CY26 Click image above to view full announcement. About Stonegate
Stonegate Capital Partners is a leading capital markets advisory firm providing investor relations, equity research, and institutional investor outreach services for public companies. Our affiliate, Stonegate Capital Markets (member FINRA) provides a full spectrum of investment banking services for public and private companies. Contacts: Stonegate Capital Partners
(214) 987-4121
info@stonegateinc.com Source: Stonegate, Inc. To view the source version of this press release, please visit https://www.newsfilecorp.com/release/283706
Original: Stonegate Updates Coverage on Burcon Nutrascience Corporation (BU) FY26 Q3
CA Market News
4月前
Burcon Announces Details on Special Meeting of Shareholders and Amendment to Outstanding WarrantsFebruary 4, 2026 5:53 PM
NewsfileVancouver, British Columbia--(Newsfile Corp. - February 4, 2026) - Burcon NutraScience Corporation (TSX: BU) (OTCQB: BRCNF) ("Burcon" or the "Company"), a global technology leader in plant-based protein innovation, will be holding a special meeting (the "Meeting") of shareholders at 10 am Pacific Time on February 20, 2026 held virtually via live webcast at https://meetnow.global/M97FRAF.Warrant AmendmentBurcon announces that the expiry date of certain outstanding warrants of the Company ("Warrants") is being extended to June 30, 2027. Warrants held by non-insiders will be amended effective February 19, 2026, whereas the amendment to Warrants held by insiders of the Company is subject to receipt of disinterested shareholder approval at the Meeting, each as discussed further below.Burcon believes that cash inflow from the exercise of outstanding Warrants will allow the Company to accelerate its plans for capacity expansion. Given the imminent expiry date of the Warrants and the current share price of Burcon, the Corporation believes that extending the expiry of the Warrants will increase the likelihood of Warrant holders exercising the Warrants, resulting in cash inflow to support the Corporation's continued growth without the costs associated with undertaking additional financings.The Company has outstanding Warrants to purchase 1,544,249 Common Shares of Burcon as follows:Issue Date of WarrantsNumber of Common Shares Underlying WarrantsExpiry DateExercise Price per
Common ShareProposed New
Expiry Date(1)May 2023644,043May 8-16, 2026$3.50June 30, 2027March 2024603,094March 12, 2026$3.50June 30, 2027Advisory Warrants (March 2024)297,112June 25, 2026$3.50June 30, 2027 Note:
(1) The amendment to the expiry date of 267,283 May 2023 Warrants, 212,188 March 2024 Warrants and 297,112 Advisory Warrants held by insiders to June 30, 2027 is subject to Disinterested Shareholder Approval described below. In accordance with the policies of the Toronto Stock Exchange ("TSX"), the board of directors of Burcon (the "Board") has resolved to amend the expiry date of the 376,760 May 2023 Warrants and the 390,906 March 2024 Warrants held by non-insiders (collectively, the "Non-insider Warrants") to June 30, 2027, with effect as of February 19, 2026, being ten (10) business days following the date of this press release. All other terms of the Non-insider Warrants remain unchanged.Disinterested Shareholder ApprovalPursuant to Section 608(a) of the TSX Company Manual, the amendment to the 267,283 May 2023 Warrants, 212,188 March 2024 Warrants and 297,112 Advisory Warrants held by insiders is subject to shareholder approval consisting of the approval of a simple majority of the shareholders of the Company, on a disinterested basis, at the Meeting (the "Disinterested Shareholder Approval"). Disinterested Shareholder Approval will be sought separately for each of the May 2023 Warrants, the March 2024 Warrants and the Advisory Warrants to amend (the "Insider Amendments") the expiry date of outstanding warrants held by insiders ("Insider Warrants") to June 30, 2027. The Insider Amendments will be effective upon receipt of Disinterested Shareholder Approval. If Disinterested Shareholder Approval for an Insider Amendment is not received for a particular tranche of Insider Warrants, the expiry date of that tranche of such Insider Warrants will remain unamended. All other terms of the Insider Warrants will remain unchanged.The particulars of the Disinterested Shareholder Approval being sought at the Meeting can be found in the Company's management proxy circular dated January 12, 2026, a copy of which has been posted on the Company's website at www.burcon.ca and under the Company's profile on the SEDAR+ website at www.sedarplus.ca. About Burcon NutraScience CorporationBurcon is a global technology leader in high-performance plant-based proteins for the food and beverage industry. Our commercial ingredients offer superior taste, texture, and functionality—ideal for formulators seeking next-generation protein solutions. Backed by over two decades of innovation, Burcon holds an extensive patent portfolio covering novel proteins derived from pea, canola, soy, hemp, sunflower, and other plant sources. As a key player in the rapidly growing plant-based market, Burcon is committed to sustainability and to creating best-in-class protein solutions that are better for people and the planet. Learn more at www.burcon.ca.Forward-Looking Information Cautionary Statement
The TSX has not reviewed and does not accept responsibility for the adequacy of the content of the information contained herein. This press release contains forward-looking statements or forward-looking information within the meaning of the U.S. Private Securities Litigation Reform Act of 1995 and applicable Canadian securities legislation including the Company's ability to accelerate its plans for capacity expansion from the exercise of warrants and the Insider Amendments being approved by disinterested shareholders. Forward-looking statements or forward-looking information involve risks, uncertainties and other factors that could cause actual results, performances, prospects and opportunities to differ materially from those expressed or implied by such forward-looking statements. Forward-looking statements or forward-looking information can be identified by words such as "anticipate," "aim", "intend," "plan," "goal," "project," "estimate," "expect," "believe," "future," "likely," "may," "should," "could," "will" and similar references to future periods. All statements included in this release, other than statements of historical fact, are forward-looking statements. There can be no assurance that such statements will prove to be accurate, and actual results and future events could differ materially from those anticipated in such statements or information. Important factors that could cause actual results to differ materially from Burcon's plans and expectations include the implementation of our business model and growth strategies; trends and competition in our industry our future business development, financial condition and results of operations and our ability to obtain financing cost-effectively; potential changes of government regulations, and other risks and factors detailed herein and from time to time in the filings made by Burcon with securities regulators and stock exchanges, including in the section entitled "Risk Factors" in Burcon's annual information form for the year ended March 31, 2025 and its other public filings with Canadian securities regulators on SEDAR+ at www.sedarplus.ca. This list is not exhaustive of the factors that may affect any of the Company's forward-looking statements or information. Any forward-looking statement or information speaks only as of the date on which it was made, and, except as may be required by applicable securities laws, Burcon disclaims any intent or obligation to update any forward-looking statement, whether as a result of new information, future events or otherwise. Although Burcon believes the assumptions inherent in the forward-looking statements are reasonable, forward-looking statements are not guarantees of future performance, and, accordingly, investors should not rely on such statements.Industry and Investor Contact
Paul Lam
Director, Investor Relations and Communications
Burcon NutraScience Corporation
490 - 999 West Broadway, Vancouver, BC, V5Z 1K5
Tel (604) 733-0896, Toll-free (888) 408-7960
plam@burcon.ca www.burcon.ca Media Contact:
Steve Campbell, APR
President
Campbell & Company Public Relations
Tel (604) 888-5267
TECH@CCOM-PR.COMTo view the source version of this press release, please visit https://www.newsfilecorp.com/release/282758
Original: Burcon Announces Details on Special Meeting of Shareholders and Amendment to Outstanding Warrants
Enterprising Investor
3年前
Burford Capital Statement on YPF Summary Judgment Ruling (4/02/23)
Court finds liability against Argentina with substantial damages expected to be awarded
NEW YORK, April 2, 2023 /PRNewswire/ -- Burford Capital Limited, the leading global finance and asset management firm focused on law, today releases the following statement in connection with the March 31, 2023 Opinion and Order issued by the United States District Court for the Southern District of New York (the "Court") in connection with the summary judgment motions filed by the parties (the "Ruling") in the Petersen and Eton Park cases against the Republic of Argentina and YPF (the "Case" or the "YPF Litigation").
At a high level, the Court decided that (i) Argentina was liable to Petersen and Eton Park for failing to make a tender offer for their YPF shares in 2012; (ii) YPF was not liable for failing to enforce its bylaws against Argentina; (iii) the various arguments Argentina had made to try to reduce its damages liability from the straightforward application of the formula in the bylaws were unavailing; and (iv) a hearing is needed to resolve two factual issues to enable the computation of damages.
In other words, the Ruling was a complete win against Argentina with respect to liability, with the quantum of what we expect to be substantial damages yet to be determined, and a loss against YPF. However, no additional damages would have been payable had YPF also been found liable.
Jonathan Molot, Burford's Chief Investment Officer who leads Burford's work on the Case, commented:
"We have been pursuing this case since 2015 and it has involved substantial Burford management time along with the dedicated engagement of a team of some of the best lawyers on the planet from multiple law firms and world-class experts (going up against very good lawyers, and winning). Burford is uniquely positioned to pursue these kinds of cases and secure wins for clients and substantial returns for shareholders – not only because of their size and scale, but because of the internal and external resources we can uniquely bring to bear. There is no aspect of this case, from strategy to minutiae, that did not involve an experienced Burford team spending many thousands of hours getting to this point. This case represents what Burford is all about and exemplifies the contribution we make to the civil justice system – without us, there would be no justice in this complicated and long-running case for Petersen and Eton Park."
Christopher Bogart, Burford's Chief Executive Officer, commented:
"In our recent shareholder letter, we referred to the YPF-related assets as one of Burford's four pillars of value and I'm pleased to see this significant step forward and the value it could create for our shareholders. The Ruling is a major milestone for Burford and we continue to see momentum in our overall portfolio and continued demand for our capital and services."
Introductory matters
As is customary in US litigation, the Ruling was released without prior notice to Burford or the parties by its posting on Pacer, the publicly available official US federal court site, at 10:09am EDT on March 31, 2023, and was thus public immediately upon release. The Ruling is also available in its entirety on Burford's IR website at http://investors.burfordcapital.com for the convenience of investors who did not wish to register for a Pacer account.
The public release of the Ruling prompted trading activity in Burford's stock and at 10:59am EDT the New York Stock Exchange ("NYSE") suspended trading in Burford's shares pending further information. Burford's Nominated Advisor advised London Stock Exchange AIM ("LSE AIM") of the Ruling and of the NYSE's trading suspension and LSE AIM ultimately decided to suspend trading in Burford's shares at 11:27am EDT.
NYSE trading fully resumed at 11:54am EDT and it is expected that LSE AIM trading will resume at market open at 8:00am BST on Monday, April 3, 2023.
While Burford offers in this release its views and interpretation of the Ruling, those are qualified in their entirety by the actual text of the Ruling and we caution that investors cannot rely on Burford's statements in preference to the actual Ruling. In the event of any inconsistency between this release and the text of the actual Ruling, the text of the actual Ruling will prevail and be dispositive. Burford disclaims, to the fullest extent permitted by law, any obligation to update its views and interpretation as the litigation proceeds. Moreover, the Case remains in active litigation; all litigation carries significant risks of uncertainty and unpredictability until final resolution, including the risk of total loss. Finally, Burford is and will continue to be constrained by legal privilege and client confidences in terms of the scope of its ability to speak publicly about the Case or the Ruling.
Burford also cautions that there are meaningful remaining risks in the Case, including further proceedings before the Court, appeals, enforcement and collateral litigation in other jurisdictions. Moreover, litigation matters often resolve for considerably less than the amount of any judgment rendered by the courts and to the extent that any settlement or resolution discussions occur in this Case no public communication about those discussions will be possible until their conclusion.
The Liability Ruling
The Court held that (i) the bylaws "on their face, required that the Republic make a tender offer" for Petersen's and YPF's shares; (ii) "the Republic failed to make the tender offer"; and (iii) the failure "harmed Plaintiffs because they never received the compensated exit" that the bylaws promised. Indeed, the Court held that "once the Court decides the legal issues, the relatively simple facts in this case will demand a particular outcome" and held that "there is no question of fact as to whether the Republic breached".
Thus, the Court held that "Plaintiffs were damaged by the Republic because Plaintiffs were entitled to receive a tender offer that would have provided them with a compensated exit but did not".
The Court rejected the many legal arguments advanced by Argentina; we summarize only a few here that have received particular attention from investors in the past:
The Court rejected the argument that because Argentina had taken years to finally transfer the legal ownership of the shares it expropriated from Repsol, Petersen and Eton Park lacked standing because they were no longer shareholders when the expropriation actually occurred formally. The Court held that Argentina's argument "relies on a misreading of the Bylaws" and was "meritless". The Court went on to hold that Argentina's assumption of control (triggering the obligation to make a tender offer) "could not possibly have occurred any later than May 7, 2012".
The Court held that Plaintiffs' claims survived the transfer of their YPF shares, holding that under both New York and Argentine law their "accrued causes of action did not transfer" with their subsequent sales of their shares.
The Court rejected Argentina's argument that only specific performance was available for breach of the bylaws, and held that Plaintiffs have "both the right to pursue damages and the right to elect damages as their remedy instead of specific performance".
As a result, the Court granted Plaintiffs' motion for summary judgment on liability against Argentina. In other words, without the need for a trial, Argentina has been held to be liable for its breach of contract in failing to tender for Plaintiffs' YPF shares as required by the bylaws.
As to YPF, Petersen and Eton Park argued that YPF had a duty to enforce its own bylaws and prevent Argentina from taking control of YPF in a manner inconsistent with the bylaws. The Court disagreed and held that YPF "was not obligated to enforce" the bylaws against Argentina. Unless reversed on appeal, the Court's ruling results in the dismissal of YPF from the case. YPF's presence in the case was not a source of additional damages; the damages will be the same whether the case is against just Argentina or YPF as well. However, YPF's dismissal may alter one potential path of enforcement of an ultimate judgment.
Damages
The Court set out its ruling on damages at pages 53-63 of the Ruling and we refer readers to the actual text of the Ruling. The Court reserved two issues necessary for the calculation of damages for a hearing, but it provided significant guidance on how it intends to approach those matters.
First, the damages to be awarded will consist of the tender offer price under Formula D of the bylaws calculated in US dollars (rejecting the argument that damages should be expressed in Argentine pesos) as of a constructive notice date that is 40 days prior to Argentina taking control and triggering the tender offer obligation. The Court said it must decide as a factual matter whether the operative notice date for the calculation is 40 days before April 16, 2012, when the Presidential intervention decree was implemented, or 40 days before May 7, 2012, when the Argentine legislature took follow up action.
The calculation of damages using a notice date that is 40 days before the April 16, 2012 takeover was included in Plaintiffs' publicly filed summary judgment brief and would imply tender offer consideration of approximately $7.5 billion for Petersen and $900 million for Eton Park, before interest. There is no publicly-filed evidence performing the same computation for 40 days before May 7, 2012, but public data would imply tender offer consideration of approximately $4.5 billion for Petersen and $550 million for Eton Park, before interest, although further expert analysis will be required to arrive at precise numbers. Inevitably, there will be differences between these hypothetical scenarios and the ultimate reality. Moreover, for the reasons expressed previously, including the likelihood of a substantial discount if the Case resolves through negotiated resolution, we do not endorse these as potential outcomes but present them solely for investor information based on currently available information – and disclaim any obligation to update them over time.
Second, the Court reserved for future determination the prejudgment interest rate that would run from the date of the breach in 2012 through the issuance of a final judgment in 2023, which under any rate would result in a very substantial amount of interest. The Court accepted that "the commercial rate applied by the Argentine courts is the appropriate measure" and noted that Plaintiffs had pleaded that that rate was "between 6% and 8%", but "the Court reserves judgment on the precise rate it will utilize". The interest rate ultimately selected by the Court will then be applied from the date of the breach until the date of the judgment, and thereafter interest will accrue at the applicable US federal rate until payment.
Moreover, the Court did not resolve claims relating to promissory estoppel and consequential damages and further consideration will need to be given to those claims.
Next steps
The Court has asked the parties to confer about how to take the remnant of this Case forward and report within 14 days. While we do not yet know Argentina's position, it would be reasonable to expect the parties to agree on a short evidentiary hearing to enable the Court to hear evidence from some of the expert witnesses and then proceed to a decision. Nonetheless, between scheduling a hearing, providing post-hearing briefing and allowing time for a decision, it is reasonable to expect that process to occupy some number of months.
There is also a process for seeking reconsideration from the District Court of its own ruling, although such motions rarely prevail as they are being made to the same judge who decided the matter originally.
Once the Court issues its final judgment, that judgment will be appealable as of right to the Second Circuit Court of Appeals and based on past practice it would be surprising if Argentina did not appeal. After seeing Argentina's appeal, Plaintiffs would decide whether to cross-appeal the dismissal of YPF.
The Second Circuit presently is taking around a year to resolve appeals once filed, although there is meaningful deviation from that mean. The District Court's judgment would be enforceable while the appeal is pending unless Argentina posts a bond to secure its performance, which we consider unlikely, or unless a court grants a relatively unusual stay.
Following the Second Circuit's decision, either party can seek review from the Supreme Court of the United States. The Supreme Court accepts cases only on a discretionary basis and we believe the likelihood of it accepting a commercial case of this nature that does not present a contested issue of law is quite low, particularly given that Argentina has already once in this Case unsuccessfully sought Supreme Court review.
With an enforceable judgment in hand, Plaintiffs will either need to negotiate a resolution of the matter with Argentina, which would certainly result in what would likely be a substantial discount to the judgment amount in exchange for agreed payment, or engage in an enforcement campaign against Argentina which would likely be of extended duration relying on Burford's and its advisors' judgment enforcement expertise. Burford will not provide publicly any information about its enforcement or settlement strategies.
Burford's position
Burford has different economic arrangements in each of the Petersen and Eton Park (collectively, "Plaintiffs") cases.
At bottom, on a net basis, we expect that the Burford balance sheet will be entitled to around 35% of any proceeds generated in the Petersen case and around 73% of any proceeds generated in the Eton Park case.
In the Petersen case, Burford is entitled by virtue of a financing agreement entered into with the Spanish insolvency receiver of the Petersen bankruptcy estate to 70% of any recovery obtained in the Petersen case. That 70% entitlement is not affected by Burford's spending on the cases, which is for Burford's account; it is a simple division of any proceeds. From that 70%, certain entitlements to the law firms involved in the case and other case expenses will need to be paid, reducing that number to around 58%.
Burford has, however, sold 38.75% of its entitlement in the Petersen case to third party investors, reducing Burford's net share of proceeds to around 35% (58% x 61.25%).
In the Eton Park case, there is both a funding agreement and a monetization transaction. The net combined impact of those transactions is that Burford would expect to receive around 73% of any proceeds. Burford has not sold any of its Eton Park entitlement.
In both Petersen and Eton Park, the numbers above are approximations and will vary somewhat depending on the ultimate level of case costs by the end of the Case, as we expect continued significant spending on the Case.
About Burford Capital
Burford Capital is the leading global finance and asset management firm focused on law. Its businesses include litigation finance and risk management, asset recovery and a wide range of legal finance and advisory activities. Burford is publicly traded on the New York Stock Exchange (NYSE: BUR) and the London Stock Exchange (LSE: BUR), and it works with companies and law firms around the world from its offices in New York, London, Chicago, Washington, DC, Singapore, Dubai, Sydney and Hong Kong.
For more information, please visit www.burfordcapital.com.
This announcement does not constitute an offer to sell or the solicitation of an offer to buy any ordinary shares or other securities of Burford.
This announcement does not constitute an offer of any Burford private fund. Burford Capital Investment Management LLC, which acts as the fund manager of all Burford private funds, is registered as an investment adviser with the US Securities and Exchange Commission. The information provided in this announcement is for informational purposes only. Past performance is not indicative of future results. The information contained in this announcement is not, and should not be construed as, an offer to sell or the solicitation of an offer to buy any securities (including, without limitation, interests or shares in any of Burford private funds). Any such offer or solicitation may be made only by means of a final confidential private placement memorandum and other offering documents.
https://www.prnewswire.com/news-releases/burford-capital-statement-on-ypf-summary-judgment-ruling-301787786.html