Exhibit 99.1
Mallinckrodt Secures Broad Consensus with Key Stakeholders on
Comprehensive Chapter 11 Restructuring
Enters a Restructuring Support Agreement with Guaranteed Unsecured Noteholders and Certain Governmental Opioid Plaintiffs, Including 50 States and Territories, and a Court-Appointed Plaintiff’s Executive Committee Representing the Interests of Thousands of Opioid Plaintiffs; Includes Support for an Agreement in Principle to Resolve Various Acthar® Gel-Related Matters
Proposed Capital Structure Modifications Would Reduce Total Debt by Approximately $1.3 Billion
Achieves Broadly Supported Global Settlement That Would Resolve Opioid-Related Claims Against the Company and its Subsidiaries
Mallinckrodt plc and the Majority of its Subsidiaries, Including its Specialty Brands and Specialty Generics Entities, File Voluntary Chapter 11 Petitions to Implement the RSA and Key Legal Settlements
All Mallinckrodt Businesses Are Continuing to Operate and Supply Products to Customers and Patients as Normal
Cash on Hand and Cash Generated from Ongoing Operations Expected to Provide Ample Liquidity to Support Operations During Court-Supervised Process
Company Remains Focused on Developing New Therapies, Improving Patient Health Outcomes and Supporting Underserved Patients with Severe and Critical Conditions
DUBLIN, Ireland, October 12, 2020 – Mallinckrodt plc (NYSE: MNK) (“Mallinckrodt” or the “Company”) today announced that it has voluntarily initiated Chapter 11 proceedings in the U.S. Bankruptcy Court for the District of Delaware to modify its capital structure, including restructuring portions of its debt, and resolve several billion dollars of otherwise unmanageable potential legal liabilities. Mallinckrodt and all of its subsidiaries are continuing to operate and supply customers and patients with products as normal.
The entities that filed Chapter 11 petitions include Mallinckrodt plc, substantially all of its U.S. subsidiaries, including its specialty generics-focused subsidiaries (collectively, “Specialty Generics”) and specialty brands-related subsidiaries (collectively, “Specialty Brands”), and certain of its international subsidiaries.
The Company intends to use the Chapter 11 process to provide a fair, orderly, efficient and legally binding mechanism to implement a restructuring support agreement (“RSA”) that, among other things, provides for an amended proposed opioid claims settlement and a financial restructuring that would:
| • | | Reduce the Company’s total debt by approximately $1.3 billion, improving the Company’s financial position and better positioning it for long-term growth; |
| • | | Resolve opioid-related claims against the Company, its subsidiaries and related entities; and |
| • | | Resolve various Acthar Gel-related matters, including the CMS Medicaid rebate dispute, an associated False Claims Act (“FCA”) lawsuit and an FCA lawsuit relating to Acthar’s previous owner’s interactions with an independent charitable foundation. |
Taken together, these actions are intended to enable the Company to move forward with its vision to become an innovation-driven biopharmaceutical company meeting the needs of underserved patients with severe and critical conditions.
Mark Trudeau, President and Chief Executive Officer of Mallinckrodt, said, “After many months of deliberation, negotiation and consideration of alternatives, Mallinckrodt’s management and Board of Directors determined that implementing a Chapter 11 restructuring provides the best opportunity to maximize the value of the enterprise and position the Company for the future in light of the current challenges it faces. The actions we are taking are an important step forward for Mallinckrodt and our patients, employees, customers, suppliers and other partners. We have worked diligently over the last