San Diego, CA -- (SBWIRE) -- 07/15/2014 -- An investigation on behalf of current long-term investors in shares of BIOLASE Inc (NASDAQ:BIOL) concerning potential breaches of fiduciary duties by certain directors and officers of BIOLASE was announced.
Investors who are current long term investors in BIOLASE Inc (NASDAQ:BIOL) shares, have certain options and should contact the Shareholders Foundation at email@example.com or call +1(858) 779 - 1554.
The investigation by a law firm for current long term investors in NASDAQ:BIOL stocks follows a lawsuit filed recently against BIOLASE Inc over alleged securities laws violations. The investigation on behalf of current long term investors in NASDAQ:BIOL stocks concerns whether certain BIOLASE) officers and directors are liable in connection with the allegations made in that lawsuit.
According to that complaint filed in the U.S. District Court for the Central District of California the plaintiff alleges that BIOLASE Inc violated Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. More specifically, the plaintiff alleges that defendants failed to disclose and/or concealed between January 7, 2013 and August 12, 2013, that contrary to defendants’ statements between January 7, 2013 and August 12, 2013, there is little evidence demonstrating the use of dental lasers (instead of drills) provides long-term benefits to teeth, and because both children and adults can have cavities filled without the numbing injections Biolase claims its WaterLase products preclude, only 5% of dental offices use dental lasers and dentists were hesitant to adopt dental lasers – especially Biolase’s – because of their high costs, that due to the relatively high costs associated with its dental laser offerings, Biolase’s efforts to switch to a direct sales model in the United States between January 7, 2013 and August 12, 2013 were failing, that contrary to defendants’ statements between January 7, 2013 and August 12, 2013, the high debt burden the Company assumed to exit its arrangement with the former exclusive distributor of its WaterLase products, coupled with the onerous terms of certain of its Comerica lines of credit, were financially handicapping the Company, and that contrary to defendants’ statements between January 7, 2013 and August 12, 2013 that “the cash generated from operations and the borrowings available under the lines of credit with Comerica [would] be sufficient to fund [Biolase’s] working capital requirements for 2013,” there was no cash being generated from operations and the Company was in default of its Comerica lines of credit.
On Jan 07, 2013, BIOLASE Inc announced that, based on a preliminary review of its financial performance for the fourth quarter ended December 31, 2012, the Company expects to exceed its previous guidance and report net revenue in excess of $18 million.
On March 6, 2013, BIOLASE Inc reported its 2012 fourth quarter year-end results. BIOLASE Inc said that its Net revenue of $19.1 million for Q4 2012, is a 45.0% increase over $13.2 million for Q4 2011, and a 12.4% increase over the midpoint of the Company's guidance of $16.5 million to $17.5 million.BIOLASE Inc’s annual Total Revenue increased from $48.86 million in 2011 to $57.36 million in 2012 and that its Net Loss declined from $4.49 million in 2011 to $3.06 million in 2012. On May 7, 2013, BIOLASE Inc reported its 2013 first quarter results. On August 7, 2013 BIOLASE Inc reported its 2013 second quarter results. Then on August 13, 2013, BIOLASE Inc announced that Comerica Bank agreed to waive BIOLASE's® non-compliance with a condition in the Loan and Security Agreement, dated May 24, 2012, by and between BIOLASE Inc and Comerica Bank, as amended (the "Loan Agreement").
BIOLASE Inc said that the Loan Agreement required that, as of June 30, 2013, BIOLASE's earnings before interest, taxes, depreciation, and amortization could not be less than ($500,000). BIOLASE Inc said that Comerica Bank agreed to waive this requirement, provided that BIOLASE andComerica agree upon a further amendment to the Loan Agreement containing revised financial covenants by September 13, 2013, and further agreed that until such time, the total amount borrowed under the Loan Agreement cannot exceed $7.5 million.
On July 11, 2014, NASDAQ:BIOL shares closed at $1.97 per share.
Those who purchased shares of BIOLASE Inc (NASDAQ:BIOL), have certain options and should contact the Shareholders Foundation.
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