The US Bankruptcy Court gave an order approving the bidding procedures relating to the sale of substantially all the assets of Timber Pharmaceuticals, Inc. on December 15, 2023. The Court approved the asset purchase agreement between the debtor and LEO Spiny Merger Sub, Inc. and LEO Pharma A/S, the stalking horse bidder, for the sale of substantially all its assets for a purchase price of $14.35 million in cash. To qualify as a qualified bidder, interested parties should submit their bids by January 4, 2024.

The initial minimum overbid should be in the amount of $0.2 million more than the initial purchase price. If the debtor receives any qualified bids, then it would hold an auction for its assets on January 8, 2024. At the auction, the subsequent bids would be in increments of $0.2 million.

The stalking horse bidder would be entitled to a break-up fee of 2.5% of the purchase price and expense reimbursement of 3.5% of the purchase price in case of termination of the asset purchase agreement. The sale hearing is scheduled for January 19, 2024.