The shares of Optimer’s common stock to be sold in the private placement have not been registered under the Securities Act of 1933, as amended or state securities laws and may not be offered or sold in the US absent registration with the Securities and Exchange Commission (SEC) or an applicable exemption from the registration requirements.
The shares were offered and will be sold only to a limited number of accredited investors. Optimer has agreed to file a registration statement with the SEC covering the resale of the shares of common stock issued in the private placement.
Subject to the satisfaction of customary closing conditions, the financing is expected to close on or about October 29, 2007.