SYMETRYX RECOMMENDS VOTING AGAINST THE KEYSTONE DENTAL
MERGER
SYMETRYX RECOMMENDS VOTING FOR THEIR QUALIFIED
INDEPENDENT BOARD NOMINEES
TIME IS SHORT - THE VOTE DEADLINE IS 11:59 pm EST THURSDAY DECEMBER 14th 2023 -
SHAREHOLDERS MAY VOTE OR CHANGE A PREVIOUSLY CAST VOTE
UNTIL THAT TIME
TORONTO, Dec. 13,
2023 /PRNewswire/ - Further to its news release of
November 28, 2023, Symetryx
continues to urge its fellow Check-Cap Ltd. ("Check-Cap") (NASDAQ:
CHEK) shareholders to VOTE AGAINST the Keystone Dental
and FOR the Symetryx slate of highly qualified and
independent director nominees. See Symetryx Today Issues Open
Letter to Shareholders In Regard to the Upcoming Annual General
Meeting (newswire.ca)
On December 12th 2023,
a Court Hearing was held in the Haifa Israel Economic District
Court in regards to Symetryx claim on Check-Cap solicitation
wrongful methods for the upcoming annual general meeting, scheduled
to December 18, 2023. During this
hearing, a potential conflict of interest between Uri Geiger, the Chairman of Keystone
Dental, and Yuval Yanai, a
Check-Cap director was revealed during Mr. Yanai's testimony, when
he confessed that Mr. Geiger offered him a seat at the new board of
directors following the closing of the merger.
Based on public records, Mr. Yanai and Mr. Geiger were both
board members of Minerva Surgical, Inc., a company that develops
medical devices. Uri Geiger is also
the managing partner of Accelmed, a venture capital firm that
invests in medical device companies, including Minerva Surgical and
Keystone Dental. Yuval Yanai is also
the chairman of the board of directors of Exalenz Bioscience.
Uri Geiger was the CEO of Exalenz
Bioscience until 2019.
This potential conflict of interest raises serious concerns
about the approval process of the Keystone-Check-Cap merger, and
strengthen Symetryx's assumptions regarding the merger not being in
the best interest of all Check Cap's shareholders.
Furthermore, the U.S. FDA MAUDE database (Manufacturer and User
Facility Device Experience), which is publicly accessible and
identifies action taken by the FDA against companies, has received
over 500 complaints in 2023 alone, reporting medical defects and
deficiencies with various Keystone Dental appliances, including
loss of osteo-integration and adverse reactions and failures by
patients. See the FDA website: MAUDE - Manufacturer and User
Facility Device Experience (fda.gov) and enter Keystone Dental
in the search tab. This action by the FDA could potentially harm
Keystone's business, financial condition and results of operations
and, as a result, negatively impact your investment.
Symetryx is pleased to see that other stakeholders agree that
the transaction with Keystone Dental DOES NOT provide the
maximum value for shareholders. We once again urge all shareholders
to reject the Keystone transaction by voting AGAINST
Proposal #1, the Keystone transaction, and to support the Symetryx
Board nominees by voting FOR each. Only with a new,
independent Board do we believe, that we shareholders will have the
best opportunity to realize the full value of our investment and
not give it away to Keystone's investors.
Symetryx has engaged Mackenzie Partners, Inc. to act as an
advisor in this matter, we welcome shareholders to reach out to
share their views or should they seek clarification on our own.
Mackenzie Partners can be reached at 1-800-322-2885 or
bmarese@mackenziepartners.com
Sincerely,
Symetryx Corporation
SPECIAL NOTE REGARDING THIS
ANNOUCEMENT:
THIS ANNOUCEMENT CONTAINS OUR CURRENT VIEWS ON THE VALUE OF
SECURITIES OF CHECK-CAP AND CERTAIN ACTIONS THAT ITS BOARD OF
DIRECTORS MIGHT TAKE TO ENHANCE THE VALUE OF ITS COMMON STOCK. OUR
VIEWS ARE BASED ON OUR OWN ANALYSES OF PUBLICLY AVAILABLE
INFORMATION AND ASSUMPTIONS WE BELIEVE TO BE REASONABLE. THERE CAN
BE NO ASSURANCE THAT THE INFORMATION WE CONSIDERED AND ANALYZED IS
ACCURATE OR COMPLETE. SIMILARLY, THERE CAN BE NO ASSURANCE THAT OUR
ASSUMPTIONS ARE CORRECT. THE ACTUAL PERFORMANCE AND RESULTS OF
CHECK-CAP MAY DIFFER MATERIALLY FROM OUR ASSUMPTIONS AND
ANALYSES.
THIS ANNOUNCEMENT ALSO REFERENCES THE SIZE OF SYMETRYX'S CURRENT
HOLDINGS OF CHECK-CAP. SYMETRYX'S VIEWS AND OUR HOLDINGS COULD
CHANGE AT ANY TIME. WE MAY TAKE ANY OF THESE OR OTHER ACTIONS
REGARDING CHECK-CAP WITHOUT UPDATING THIS ANNOUNCEMENT OR PROVIDING
ANY NOTICE WHATSOEVER OF ANY SUCH CHANGES (EXCEPT AS OTHERWISE
REQUIRED BY LAW). WE MAY SELL SOME OR ALL OF OUR CHECK-CAP SHARES
AT ANY TIME WITHOUT NOTICE.
FORWARD-LOOKING STATEMENTS:
Certain statements contained in this announcement are
forward-looking statements including, but not limited to,
statements that are predications of or indicate future events,
trends, plans or objectives. Undue reliance should not be placed on
such statements because, by their nature, they are subject to known
and unknown risks and uncertainties. Due to such risks and
uncertainties, actual events or results or actual performance may
differ materially from those reflected or contemplated in such
forward-looking statements. Forward-looking statements can be
identified by the use of the future tense or other forward-looking
words such as "believe," "might, "expect," "anticipate," "intend,"
"plan," "estimate," "should," "could," "may," "will," "objective,"
"projection," "forecast," "continue," "strategy," "position" or the
negative of those terms or other variations of them or by any
comparable terminology.
Important factors that could cause actual results to differ
materially from the expectations set forth in this announcement
include, among other things, the factors identified in the public
filings of Check-Cap and other information generally available in
the market. Such forward-looking statements should therefore be
construed considering such factors, and Symetryx is under no
obligation, and expressly disclaims any intention or obligation, to
update or revise any forward-looking statements, whether as a
result of new information, future events or otherwise, except as
required by law.
View original
content:https://www.prnewswire.com/news-releases/check--cap-board-members-statement-on-the-stand-suggests-a-potential-conflict-of-interest-with-keystone-dental-302014433.html
SOURCE Symetryx Corp