UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549
FORM 6-K
REPORT OF FOREIGN PRIVATE ISSUER
PURSUANT TO RULE 13a-16 OR 15d-16 UNDER
THE SECURITIES EXCHANGE ACT OF 1934
For the month of October 2018
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Commission File Number: 001-32371
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SINOVAC BIOTECH LTD.
No. 15 Zhi Tong Road
Zhongguancun Science and Technology Park
Changping District
Beijing 102200, People’s Republic of China
(Address of principal executive offices)
Indicate by check mark whether the registrant files or will file annual reports under cover of Form 20-F or Form 40-F:
Form 20-F x Form 40-F ¨
Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(1):________________
Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(7):________________
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.
| SINOVAC BIOTECH LTD. | ||
| By: | /s/ Nan Wang | |
| Name: | Nan Wang | |
| Title: | Chief Financial Officer | |
Date: October 17, 2018
Exhibit Index
Exhibit 99.1 Press Release
Exhibit 99.1
U.S. District Court in Massachusetts Denies 1Globe’s Motion for
Preliminary Injunction to Enjoin Sinovac’s Issuance of Shares
BEIJING, October 17, 2018 -- Sinovac Biotech Ltd. (NASDAQ: SVA) ("Sinovac" or the "Company"), a leading provider of biopharmaceutical products in China, today announced that the United States District Court of the District of Massachusetts denied 1Globe Capital LLC’s (“1Globe”) August 2018 motion for a preliminary injunction seeking to enjoin Sinovac from issuing shares of Company stock to the PIPE investors or any other individuals pending the outcome of the ongoing litigation between the parties in the High Court of Justice in Antigua and Barbuda. As previously announced by the Company in July 2018, the Company completed the PIPE transaction and issued shares to the PIPE investors. The proceeds from the PIPE transaction enable the company to increase its capabilities in quality research and to build additional production facilities to support the development and commercialization of sIPV-based combination vaccine and other new vaccine projects.
The Court found, among other things, that 1Globe failed to demonstrate that it has a reasonable likelihood of success on the merits of its direct and derivative federal securities law claims challenging the PIPE transaction because it lacked standing to bring those claims, and that 1Globe failed to demonstrate that it will suffer irreparable harm if the injunction was not granted.
Sinovac welcomes the Court’s decision to deny the preliminary injunction requested by 1Globe. The board of directors and management of Sinovac continue to execute their fiduciary duties to act in the best interests of the Company and all shareholders as the Company moves forward in its mission to develop vaccines that enhance health in China and around the world and create shareholder value.
About Sinovac
Sinovac Biotech Ltd. is a China-based biopharmaceutical Company that focuses on the research, development, manufacturing and commercialization of vaccines that protect against human infectious diseases. Sinovac's product portfolio includes vaccines against enterovirus71, or EV71, hepatitis A and B, seasonal influenza, H5N1 pandemic influenza (avian flu), H1N1 influenza (swine flu), and mumps. Healive, the hepatitis A vaccine manufactured by the Company has passed the assessment under WHO Prequalification procedures in 2017. The EV71 vaccine, an innovative vaccine developed by Sinovac against hand foot and mouth disease caused by EV71, was commercialized in China in 2016. In 2009, Sinovac was the first company worldwide to receive approval for its H1N1 influenza vaccine, which it has supplied to the Chinese Government's vaccination campaign and stockpiling program. The Company is also the only supplier of the H5N1 pandemic influenza vaccine to the government stockpiling program. The Company is developing a number of new products including a Sabin-strain inactivated polio vaccine, pneumococcal polysaccharides vaccine, pneumococcal conjugate vaccine and varicella vaccine. Sinovac primarily sells its vaccines in China, while also exploring growth opportunities in international markets. The Company has exported select vaccines to over 10 countries in Asia and South America. For more information please refer to the Company’s website at www.sinovacbio.com.
Safe Harbor Statement
This announcement may include certain statements that are not descriptions of historical facts, but are forward-looking statements. These statements are made under the "safe harbor" provisions of the U.S. Private Securities Litigation Reform Act of 1995. These forward-looking statements can be identified by terminology such as "will," "expects," "anticipates," "future," "intends," "plans," "believes," "estimates" and similar statements. Forward-looking statements involve risks, uncertainties and other factors that could cause actual results to differ materially from those contained in any such statements.
Investor Contacts:
Sinovac Biotech Ltd.
Helen Yang
Tel: +86-10-8279-9871
Fax: +86-10-6296-6910
Email: ir@sinovac.com
ICR
Bill Zima
Tel: +1-646-308-1707
Email: william.zima@icrinc.com
Media Contact:
Abernathy MacGregor
Sheila Ennis
Tel: +1-415-745-3294
Email: sbe@abmac.com
China Media Contact:
ICR
Edmond Lococo
Tel: +86-10-6583-7510
Email: Edmond.Lococo@icrinc.com