Published:
CryoCor, Inc. Subject of Lawsuit Relating to Tender Offer and Merger
CryoCor, Inc. Subject of Lawsuit Relating to Tender Offer and Merger
SAN DIEGO, May 16 /PRNewswire-FirstCall/ -- CryoCor, Inc. (Nasdaq: CRYO),
a medical device company focused on the treatment of cardiac arrhythmias,
announced today that on May 8, 2008, two alleged holders of CryoCor common
stock filed a complaint in the Superior Court of theState of California,
County ofSan Diego, naming as defendants each member of the Board of
Directors of CryoCor, CryoCor and Boston Scientific Corporation. The
complaint is styled Secondido, et al. v. CryoCor, Inc., et al., Case No.
37-2008-00083630-CU-MC-CTL. Plaintiffs purport to bring the action on behalf
of a class consisting of all holders of CryoCor common stock, except the
defendants and their affiliates.
Plaintiffs allege in their complaint that the Board of Directors of
CryoCor, aided and abetted by Boston Scientific Corporation, breached their
fiduciary duties in approving the Agreement and Plan of Merger, dated April
15, 2008, by and among Boston Scientific Scimed, Inc., a wholly owned
subsidiary of Boston Scientific Corporation, Padres Acquisition Corp., a
wholly owned subsidiary of Boston Scientific Scimed, Inc. and CryoCor. The
action seeks, among other things, an order enjoining the transaction
contemplated by the Merger Agreement, compensatory damages in the event the
transaction contemplated by the Merger Agreement is consummated, and the
reimbursement of plaintiffs' attorney's fees and related costs of bringing the
action.
Based on its review of the complaint, CryoCor believes that the action is
without merit and intends, along with the Board of Directors of CryoCor, to
defend the action vigorously.
About CryoCor, Inc.
CryoCor is a medical technology company that has developed and
manufactures a disposable catheter system based on its proprietary
cryoablation technology for the minimally invasive treatment of cardiac
arrhythmias. The Company's product, the CryoCor Cardiac Cryoablation System,
or the Cryoablation System, is designed to treat cardiac arrhythmias through
the use of cryoenergy, or extreme cold, to destroy targeted cardiac tissue.
The Cryoablation System has been approved inEurope for the treatment of
atrial fibrillation, and atrial flutter, the two most common and difficult to
treat arrhythmias, since 2002. Inthe United States, CryoCor is conducting a
pivotal trial to evaluate the safety and efficacy of the Cryoablation System
for the treatment of atrial fibrillation and the Cryoablation System has been
approved for the treatment of right atrial flutter. For more information
please visit the Company's website at http://www.cryocor.com .
Cautionary Statement Regarding Forward-Looking Statements
This press release contains forward-looking statements within the meaning
of Section 21E of the Securities Exchange Act of 1934. Forward-looking
statements may be identified by words like "believe," "intend" and similar
words. These forward-looking statements are based on our beliefs, assumptions
and estimates using information available to us at the time and are not
intended to be guarantees of future events or performance. These
forward-looking statements include, among other things, statements regarding
defending against the legal action. If our underlying assumptions turn out to
be incorrect, or if certain risks or uncertainties materialize, actual results
could vary materially from the expectations and projections expressed or
implied by our forward-looking statements. These factors, in some cases, have
affected and in the future (together with other factors) could affect our
ability to implement our business strategy, consummate the transactions
contemplated by the Merger Agreement and may cause actual results to differ
materially from those contemplated by the statements expressed in this press
release. As a result, readers are cautioned not to place undue reliance on any
of our forward-looking statements.
We disclaim any intention or obligation to publicly update or revise any
forward-looking statements to reflect any change in our expectations or in
events, conditions, or circumstances on which those expectations may be based,
or that may affect the likelihood that actual results will differ from those
contained in the forward-looking statements. This cautionary statement is
applicable to all forward-looking statements contained in this document.
Additional Information
Stockholders of CryoCor are urged to read the relevant tender offer
documents because they contain important information that stockholders should
consider before making any decision regarding tendering their shares. Boston
Scientific Corporation, Boston Scientific Scimed, Inc. and its acquisition
subsidiary have filed tender offer materials with the SEC, and CryoCor has
filed a Solicitation/Recommendation Statement with respect to the tender
offer. The tender offer materials (including an Offer to Purchase, a related
Letter of Transmittal and certain other offer documents) and the
Solicitation/Recommendation Statement contain important information, which
should be read carefully before any decision is made with respect to the
tender offer. The Offer to Purchase, the related Letter of Transmittal and
certain other offer documents, as well as the Solicitation/Recommendation
Statement, are available to all stockholders of CryoCor at no expense to them.
Stockholders of CryoCor may obtain a free copy of these statements and other
documents filed by Boston Scientific Corporation and CryoCor with the SEC at
the website maintained by the SEC at www.sec.gov . The tender offer statement
and related materials, solicitation/recommendation statement, and such other
documents may be obtained for free by directing such requests to Investor
Relations of CryoCor, Inc., 9717 Pacific Heights Blvd,San Diego, California
92121.
In addition to the tender offer materials described above, CryoCor and
Boston Scientific Corporation file annual, quarterly and special reports,
proxy statements and other information with the SEC. You may read and copy any
reports, statements or other information filed by CryoCor or Boston Scientific
Corporation at the SEC public reference room at 100 F Street, N.E.,
Washington, D.C. 20549. Please call the SEC at 1-800-SEC-0330 for further
information on the public reference room. CryoCor's and Boston Scientific
Corporation's filings with the SEC are also available to the public from
commercial document-retrieval services and at the website maintained by the
SEC at http://www.sec.gov .
CONTACTS FOR CRYOCOR: Gregory J. Tibbitts Chief Financial Officer
CryoCor, Inc. (858) 909-2200 gtibbitts@cryocor.com
SOURCE CryoCor, Inc.
Copyright © 2008, PRNewswire
Copyright © 2008, NewsBlaze,
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Tags: Healthcare, Pharmaceuticals, Computers and Electronics, Legal, Law and Lawyers, california
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