Elan steady ahead of SEC filing deadline

Shares in Elan held steady yesterday as investors remained optimistic that the company would file its 2002 annual report with…

Shares in Elan held steady yesterday as investors remained optimistic that the company would file its 2002 annual report with the Securities and Exchange Commission (SEC) by its self-imposed deadline of today.

Elan has missed two previous deadlines for filing last year's accounts as it seeks to reach agreement with the SEC on the appropriate treatment of a number of off-balance sheet vehicles.

The expiry of the last deadline, on July 30th, left it open to the risk of defaulting on some €2 billion of debt, but Elan agreed a waiver with its bondholders until today.

"There is an expectation of good news," one dealer said. "But even if they don't make the filing, they are expected to get a further waiver from the bondholders. The stock is trading on the basis that there will be no default."

In Dublin, the shares closed unchanged at €4.35, while in New York, its main market, they ended down 4 US cents at $5.01.

Even if Elan again fails to file today, analysts believe the holders of $840 million (€736 million) of debt will not demand immediate repayment but will grant it more time to reach agreement with the SEC. Because their debt ranks subordinate to $650 million of senior loans that could also be called in if Elan defaults, it is in the interests of the first set of bondholders to grant the company a further waiver.

However, analysts noted that Elan could leave making an announcement to the last minute.

"If I was a betting man, I'd say they would file at six o'clock," one analyst said.

Meanwhile, a number of former Elan employees in Athlone, Co Westmeath, have set up BioClin Research Laboratories with equity support from Enterprise Ireland.

The project has a total investment of €400,000 and will initially employ 11 people, although employment is expected to grow to 30 in the next three years.

BioClin will provide a range of research and development services for the pharmaceutical, biotechnology, veterinary and neutraceutical industries.

The company is aiming to partner pharmaceutical and biotechnology companies with limited in-house resources in pre-clinical and Phase I study management and analysis.

As part of restructuring, Elan cut 1,000 jobs last year, 300 of which were in the Republic.

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