Schoenherr advised the underwriters Leerink Partners LLC, RBC Capital Markets LLC, Needham & Company and Wedbush PacGrow as to Austrian law on Vienna-based Nabriva Therapeutics AG's initial public offering in the United States and its listing on the NASDAQ Global Market. The transaction closed on 30 September 2015, with the IPO's underwriters having fully exercised their over-allotment option.
The transaction was structured such that American Depositary Shares, each representing one-tenth of Nabriva's underlying registered shares, were offered in the United States and listed on the NASDAQ Global Market.
This is the first sponsored Level III ADR programme by an Austrian issuer.
Nabriva is a clinical-stage biopharmaceutical company engaged in the research and development of novel antibiotics to treat serious infections, with a focus on the pleuromutilin class of antibiotics. The Company is a spin-off from Sandoz GmbH and is supported by leading international life-sciences investors including Vivo Capital, HBM Healthcare Investments, OrbiMed Healthcare Fund Management, Phase4 Partners, Omega Funds, Wellcome Trust, EcoR1 Capital, Novartis Venture Fund and Boxer Capital.
The Schoenherr team consisted of partners Ursula Rath (Capital Markets) and Christian Herbst (Corporate/M&A) and attorney Hutan Rahmani (Capital Markets). Partners Eric Blanchard and Brian Rosenzweig of the New York office of Covington & Burling acted as the underwriters' international counsel on the transaction.
Wilmer Hale served as international counsel to Nabriva, while the Vienna office of Freshfields Bruckhaus Deringer advised the firm on matters of Austrian law.