Oct 16 (Reuters) - An Australian court on Wednesday
stopped U.S. drugmaker Cosette from abandoning its A$672 million
($437.6 million) takeover of Mayne Pharma ( MAYNF ), which now
awaits clearance from the Foreign Investment Review Board
(FIRB).
The ASX-listed pharmaceutical company said on Thursday it
would take all steps within its scope to implement the deal.
Shares in Mayne Pharma ( MAYNF ) jumped as much as 14.8% to A$6.5 at
open in Sydney, but were still trading way below the A$7.40
apiece that Cosette had offered.
Cosette has been trying to terminate its offer, after saying
in May that it was reviewing the deal because of a "material
adverse change" in Mayne's performance.
In late May, the stock had fallen to A$4.31 in its weakest
trading session since March 2009, when Mayne disclosed Cosette's
review of the offer.
The New Jersey-headquartered firm had flagged that there
have been a series of events, including Mayne's nine-month
trading update and the receipt and disclosure of a letter from
the U.S. Food and Drug Administration, which have caused Cosette
to form a view that a material change had occurred.
The Australian company rejected Cosette's termination
notice, arguing that no material adverse change occurred and
that the U.S. firm had no legal basis to abandon the deal.
The deal still requires the passing of certain conditions,
including approval by the FIRB and a greenlight at a second
court hearing at the Supreme Court of New South Wales.
The court hearing has been rescheduled to October 22.
Mayne, in a separate statement, said it is considering
whether the second court hearing needs to be moved after FIRB
indicated that a decision will not be made in time for the
hearing. Mayne expects the FIRB decision to be made prior to
October 31.
Cosette did not immediately respond to a Reuters request for
comment.
($1 = 1.5356 Australian dollars)