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Due to the changes in business practices discussed above and other factors, including the inability to provide the full context of current or past performance, the Company is not currently in a position to provide any financial performance-related information. Moreover, at this time, the Company cannot estimate its exposure, if any, to potential contingent liabilities related to pending and threatened shareholder lawsuits, pending governmental investigations or other legal proceedings.
As previously disclosed, the Compensation Committee and the Board determined that the separations of the Company’s former CEO, COO, CFO and Corporate Controller should be treated as “for cause” and that these former executive officers had engaged in, among other things, conduct detrimental to the business or reputation of the Company. The departures of these former executives have enabled the Company to progress in the preparation of its financial statements.
The Audit Committee’s independent investigation is still ongoing, and there may be other actions taken based, at least in part, on information from the investigation. The Company continues to incur significant legal and accounting-related expenses related to, among other things, the Audit Committee’s independent investigation and other legal matters, the Company’s work to prepare its restated financial statements and the implementation of improved business controls.
Separately, the Board of Directors’ search process for a permanent CEO is active and ongoing, and the Board has been meeting with candidates. However, the ongoing investigation, resulting extensive accounting analysis and pending financial restatement process make it challenging to attract qualified candidates. In addition, the financial restatement process has presented a practical issue with respect to candidates having sufficient information to evaluate the Company’s financial situation and overall business.
“We regret that the tough decisions being made as a result of the realignment program are affecting team members across the organization,” said Charles E. Evans, Chairman of the Board. “We do believe MiMedx is making significant progress on numerous, critical fronts. In particular, the Company has established an independent compliance function, assessed and improved sales and other business practices, is advancing the financial restatement process, continues to remediate the internal control environment, and is developing a long-range strategic plan.”
About MiMedx
MiMedx® is a leading biopharmaceutical company developing and marketing regenerative and therapeutic biologics utilizing human placental tissue allografts with patent-protected processes for multiple sectors of healthcare. The Company processes the human placental tissue utilizing its proprietary PURION® process methodology, among other processes, to produce allografts by employing aseptic processing techniques in addition to terminal sterilization. MiMedx has supplied over 1.3 million allografts to date. For additional information, please visitwww.mimedx.com.
Safe Harbor Statement
This press release includes forward-looking statements including statements regarding the Company’s expectation that the realignment program will improve profitability and liquidity, operating efficiency and align the Company’s cost structure with expected near-term revenue projections; statements regarding the Company’s expected near-term sales forecast; statements regarding the Company’s long-term strategic plan including the Company’s product pipeline and pursuit of FDA approval of micronized