Group of CytoDyn Stockholders Releases White Paper Regarding Company’s Extremely Unfavorable Borrowing Practices

Rhea-AI Summary

A group of long-time stockholders of CytoDyn Inc. (CYDY) has nominated five director candidates and released a white paper criticizing the company's borrowing practices. Since June 2018, CYDY has relied heavily on borrowing from Iliad Research and Trading, resulting in $142.5 million of convertible notes yielding only $125 million due to high costs. The group calls for accountability from current management, asserting the need for competent leadership to restore investor trust and maximize the company's potential.

Positive

• Nominating five experienced director candidates to enhance board leadership.

Negative

• Extensive reliance on unfavorable borrowing practices resulting in loss of $17.5 million.
• Convertible notes issued since 2018 have led to higher borrowing costs than principal and interest.

NEW YORK--(BUSINESS WIRE)-- A group of long-time stockholders (the “Nominating Stockholders” or the “Group”) of CytoDyn Inc. (“CYDY or the “Company”) (OTC: CYDY) that has nominated five highly experienced director candidates to serve on the Company’s Board of Directors today released a white paper regarding CYDY’s unfavorable borrowing practices.

The white paper highlights that in particular, since the June of 2018, CYDY has borrowed a sizable portion of its operating capital from Iliad Research and Trading, LP and companies affiliated with John M. Fife, rather than from traditional funding sources. The borrowing has come in the form of long-term convertible notes that have historically included terms extremely unfavorable to the Company, some based upon post-transaction renegotiation, and have resulted in borrowing costs that are higher than the principal and interest specified in the original notes.

In total, the $142.5 million of convertible notes that CYDY has issued since the middle of 2018 have yielded cash proceeds of $125.0 million after deduction of original issuance and insurance costs, a 12.3% discount to the principal.

The full text of the Group’s white paper regarding CYDY’s unfavorable borrowing practices can be accessed at www.advancingll.com/toxicborrowing.

The time has come to hold CYDY management and the current Board accountable for the immense value destruction they have overseen throughout their tenure. Stockholders deserve honest, competent, and transparent leadership and a Board that truly represents their best interests and will restore investor trust and generate the returns each and every one of us deserves. Help us enable CYDY to achieve its incredible potential by voting the WHITE proxy card to elect our five independent director nominees today.

Important Information

Paul Rosenbaum, Jeffrey Beaty, Arthur Wilmes, Thomas Errico, M.D., Bruce Patterson, M.D., Peter Staats, M.D., Melissa Yeager and CCTV Proxy Group, LLC (collectively the “Participants”) have filed a definitive proxy statement and accompanying WHITE proxy card with the Securities and Exchange Commission (the “SEC”) to be used in connection with the solicitation of proxies from the stockholders of CytoDyn Inc. (the “Company”). All stockholders are advised to read the definitive proxy statement and other documents related to the solicitation of proxies. The definitive proxy statement and an accompanying proxy card is available at no charge on the SEC’s website at http://www.sec.gov/. In addition, the Participants will provide copies of the proxy statement, without charge, upon request. Requests for copies should be directed to the Participants’ Proxy Solicitor, Okapi Partners LLC, by calling (844) 202-7428.

Disclaimer

This material does not constitute an offer to sell or a solicitation of an offer to buy any of the securities described herein in any jurisdiction to any person. In addition, the discussions and opinions in this press release and the material contained herein are for general information only and are not intended to provide investment advice. All statements contained in this press release that are not clearly historical in nature or that depend on future events are “forward-looking statements,” which are not guarantees of future performance or results, and the words “anticipate,” “believe,” “expect,” “may,” “could,” and similar expressions are generally intended to identify forward-looking statements. Forward looking statements contained in this release are based on current expectations, speak only as of the date of this press release and involve risks that may cause the actual results to be materially different. Certain information included in this material is based on data obtained from sources considered to be reliable. No representation is made with respect to the accuracy or completeness of such data. The Participants disclaim any obligation to update the information herein and reserve the right to change any of their opinions expressed herein at any time as it deems appropriate.

View source version on businesswire.com: https://www.businesswire.com/news/home/20210927005838/en/

Media

Mark Semer/Sam Cohen

Gasthalter & Co.

(212) 257-4170

cydy@gasthalter.com

Investors

Bruce Goldfarb/Chuck Garske

Okapi Partners

(212) 297-0720

info@okapipartners.com

Source: Gasthalter & Co. on behalf of CytoDyn Inc. shareholders

FAQ

What does the recent white paper from CytoDyn's stockholders highlight?

It critiques CytoDyn's unfavorable borrowing practices and calls for revitalizing the Board.

How much has CytoDyn borrowed since June 2018?

CytoDyn has issued $142.5 million in convertible notes.

Who are the nominees proposed by CytoDyn's stockholders?

The nominees include highly experienced candidates to serve on the Board of Directors.

What is the impact of CytoDyn's borrowing practices on its financials?

The borrowing resulted in $125 million in cash proceeds, reflecting a 12.3% discount.

What is CytoDyn's stock symbol?

The stock symbol for CytoDyn is CYDY.