ETNB Unreasonable Upsized Shares Offering Case
On June 28, 2022, 89bio (NASDAQ: ETNB) shares dropped over 5% after the Company proposed an underwritten public offering of $75M of shares of its common stock, pre-funded warrants, and accompanying warrants to purchase shares of its common stock.
The next day, the firm priced its previously announced underwritten public offering by upsizing to $94.5 million, further diluting current shareholders, and seriously damaging them.
The offering was conducted at depressed price levels and it was upsized without the critical necessity for the Company's needs, rising questions about intentional cheap shares sale on behalf of affiliates.
Going back on May 11, 2022, 89bio reported that it had cash, cash equivalents, and short-term investments of $126.1 million. Based upon current projections, 89bio believed it has sufficient cash to fund operations into the second half of 2023.
Comparing the official Company's financial representations and further actual steps, Investors have all reasons to suspect the Company's management of gross violations, including financial misrepresentations, breach of fuduciary duties to shareholders and probably malpractice.