Unassociated Document
SECURITIES
AND EXCHANGE COMMISSION
WASHINGTON,
D.C. 20549
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SCHEDULE
14A
(Rule
14a-101)
SCHEDULE
14A INFORMATION
Proxy
Statement Pursuant to Section 14(a) of the Securities
Exchange
Act of 1934
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Filed by
the Registrant ý
Check the
appropriate box:
¨ Preliminary
Proxy Statement
¨ Confidential, For use of the
Commission only (as permitted by
Rule 14a-6(e)(2))
¨ Definitive
Proxy Statement
ý Definitive
Additional Materials
¨ Soliciting
Material Pursuant to §240.14a-12
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GENEREX
BIOTECHNOLOGY CORPORATION
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(Name of Registrant as
Specified In Its Charter)
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Payment
of Filing Fee (Check the appropriate box):
ý No
fee required.
¨ Fee
computed on table below per Exchange Act Rules 14a-6(i)(1) and
0-11.
1) Title
of each class of securities to which transaction applies:
2) Aggregate
number of securities to which transaction applies:
3) Per
unit price or other underlying value of transaction computed pursuant to
Exchange Act Rule 0-11 (Set forth the amount on which the filing fee is
calculated and state how it was determined):
4) Proposed
maximum aggregate value of transaction:
5) Total fee
paid:
¨ Fee
paid previously with preliminary materials.
¨ Check
box if any part of the fee is offset as provided by Exchange Act Rule 0-11(a)(2)
and identify the filing for which the offsetting fee was paid
previously. Identify the previous filing by registration statement
number, or the Form or Schedule and the date of its filing. .
1) Amount
Previously Paid:
2) Form,
Schedule or Registration Statement No.:
3) Filing
Party:
4) Date
Filed:
EXPLANATORY
NOTE
On October 14, 2010, Generex
Biotechnology Corporation released the following press release in connection
with its solicitation of proxies for its Special Meeting of stockholders to be
reconvened on October 15, 2010:
Generex
Provides Clarification
for
Special Meeting Voting
WORCESTER,
MA, October 14, 2010 (PRNewswire) - Generex Biotechnology Corporation
(NasdaqCM: GNBT) (www.generex.com)
advises its stockholders that votes cast in respect of the reverse stock split
proposal put forward at the Annual Meeting of the Company’s stockholders held on
July 28, 2010 DO NOT
COUNT as votes cast in respect of the reverse stock split proposal being
put forward at the Special Meeting of stockholders scheduled for 10 a.m. EDT on
Friday, October 15, 2010. In order to vote in respect of the current
reverse stock split proposal, stockholders must cast their votes using the proxy
form issued for the Special Meeting.
Stockholders
whose stock is held on their behalf by brokerage houses may not have received
the proxy solicitation materials, including proxy forms, in respect of the
Special Meeting. Those stockholders are urged to contact their
brokers or the brokerage proxy department in order to vote their stock at the
Special Meeting.
Stockholders
may also fax completed proxy forms for the Special Meeting (with the control
number(s) and both sides of the proxy form) to Generex at 1-416-364-9363 up
until 10 a.m. EDT tomorrow.
Questions
Should
stockholders have any questions regarding the proxy voting procedures (including
changing previously cast votes), please contact Legend Securities, Inc. by
telephone at 877-317-7526 or via email at gnbtproxy@legendsecurities.com
for US residents. Non-US residents should contact Generex directly at
800-391-6755 or contact their broker/dealer.
About
Generex Biotechnology Corporation
Generex
is engaged in the research, development, and commercialization of drug delivery
systems and technologies. Generex has developed a proprietary
platform technology for the delivery of drugs into the human body through the
oral cavity (with no deposit in the lungs). Generex's proprietary
liquid formulations allow drugs typically administered by injection to be
absorbed into the body by the lining of the inner mouth using Generex's
proprietary RapidMist™ device. Generex's buccal insulin spray product
(Generex Oral-lyn™), which has been approved in India, Lebanon, Algeria, and
Ecuador for the treatment of subjects with Type-1 and Type-2 diabetes, is in
Phase III clinical trials at several sites around the world. Antigen Express,
Inc. is a wholly owned subsidiary of Generex. The core platform
technologies of Antigen Express comprise immunotherapeutic vaccines for the
treatment of malignant, infectious, allergic, and autoimmune
diseases. For more information, visit the Generex website at www.generex.com or
the Antigen Express website at www.antigenexpress.com. Information contained in, or
accessible through, the websites of Generex or Antigen Express is not
incorporated herein and is not a part of the proxy soliciting
material.
Safe Harbor
Statement
This
release and oral statements made from time to time by Generex representatives in
respect of the same subject matter may contain “forward-looking statements”
within the meaning of the Private Securities Litigation Reform
Act of 1995. These statements can be identified by
introductory words such as “expects,” “plans,” “intends,” “believes,” “will,”
“estimates,” “forecasts,” “projects,” or words of similar meaning, and by the
fact that they do not relate strictly to historical or current
facts. Forward-looking statements frequently are used in discussing
potential product applications, potential collaborations, product development
activities, clinical studies, regulatory submissions and approvals, and similar
operating matters. Many factors may cause actual results to differ from
forward-looking statements, including inaccurate assumptions and a broad variety
of risks and uncertainties, some of which are known and others of which are
not. Such risks and uncertainties include the risks that: Generex
will not obtain the stockholder approval of the reverse stock split; and the
reverse stock split, if implemented, will fail to have the desired effect of
sufficiently raising the common stock price to meet The NASDAQ Capital Market's
$1.00 minimum bid price requirement for continued listing of Generex’s
stock. Known risks and uncertainties also include those identified
from time to time in the reports filed by Generex with the Securities and
Exchange Commission, which should be considered together with any
forward-looking statement. No forward-looking statement is a
guarantee of future results or events, and one should avoid placing undue
reliance on such statements. Generex undertakes no obligation to
update publicly any forward-looking statements, whether as a result of new
information, future events or otherwise. Generex cannot be sure when
or if it will be permitted by regulatory agencies to undertake additional
clinical trials or to commence any particular phase of clinical
trials. Because of this, statements regarding the expected timing of
clinical trials or ultimate regulatory approval cannot be regarded as actual
predictions of when Generex will obtain regulatory approval for any “phase” of
clinical trials or when it will obtain ultimate regulatory approval by a
particular regulatory agency. Generex claims the protection of the
safe harbor for forward-looking statements that is contained in the Private Securities Litigation Reform
Act.