Inyx Chairman & CEO Jack Kachkar Approved as Debtor-In-Possession Lender for Inyx Subsidiaries by Delaware Bankruptcy Court
2007年7月13日 - 2:50AM
PRニュース・ワイアー (英語)
NEW YORK, July 12 /PRNewswire-FirstCall/ -- Inyx, Inc. (OTC:IYXI),
reported that the company's Chairman & CEO, Jack Kachkar, M.D.,
yesterday was approved as the debtor-in-possession lender for Inyx
USA, Ltd. and Exaeris, Inc., its two wholly-owned North American
operating subsidiaries, by the U.S. Bankruptcy Court in the
District of Delaware, over the objections of Westernbank Puerto
Rico, a wholly owned subsidiary of W Holding Company, Inc.
(NYSE:WHI). On July 2, 2007, as a measure to protect Inyx against
further potential damaging actions by Westernbank, the company
placed its two U.S. operating subsidiaries in Chapter 11
protection. As a result of yesterday's court approval of Dr.
Kachkar providing the financing for the U.S. operating
subsidiaries, Inyx's North American businesses will continue to
operate on a normal basis. Dr. Kachkar also continues to provide
the financing for the operations of Inyx, Inc., which is not itself
a party to the Chapter 11 filings. In addition to the Chapter 11
protection, on June 29, 2007, Inyx, Inc. and Inyx USA, together
with Dr. Kachkar and his wife, filed suit against Westernbank in
New York State Supreme Court, asserting various causes of action
seeking no less that $500 million in compensatory damages as well
as punitive damages. The complaint charges, among other things,
that Westernbank acted in bad faith and in a commercially
unreasonable manner by blocking the flow of funds from Inyx's
customers to the company, and preventing the Inyx companies from
paying their debts. The complaint asserts causes of action for
breach of contract and breach of the implied covenant of good faith
and fair dealing, promissory estoppel, wrongful dishonor of checks,
wrongful impairment of collateral, tortious interference or
impairment with prospective business relations, and third-party
beneficiary of contract and tortious interference with contracts
and prospective business relations. About Inyx Inyx, Inc. is a
specialty pharmaceutical company with niche drug-delivery
technologies and products for the treatment of respiratory,
allergy, dermatological, topical and cardiovascular conditions.
Inyx USA, Ltd., located in Manati, Puerto Rico, is the company's
North American-based production center. Exaeris, Inc., based in
Exton, Pennsylvania, is Inyx's North American marketing arm. For
more information, please visit: http://www.inyxgroup.com/. Safe
Harbor Statements about the Inyx's future expectations, including
future revenues and earnings, and all other statements in this
press release other than historical facts, are "forward-looking
statements" within the meaning of Section 27A of the Securities Act
of 1933, Section 21E of the Securities Exchange Act of 1934, and as
that term is defined in the Private Securities Litigation Reform
Act of 1995. Inyx intends that such forward-looking statements be
subject to the safe harbors created thereby. Since these statements
involve risks and uncertainties and are subject to change at any
time, Inyx's actual results could differ materially from expected
results. For more information, please contact: Jay M. Green,
Executive VP DATASOURCE: Inyx, Inc. CONTACT: Jay M. Green,
Executive VP of Inyx, Inc., Web site: http://www.inyxgroup.com/
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