Date:8/7/2009

f the other closing conditions in the previously disclosed Gestiva(TM) acquisition agreement; (20) the possibility that the auction rate securities held by the Company may not return to liquidity at their face value or at all; (21) the consent decree between the Company and the FDA and the Company's suspension of the production and shipment of substantially all of the products that the Company manufactures and the related nationwide recall affecting substantially all of the products that the Company manufactures, as well as the expected material adverse effect on the Company's revenue, assets and liquidity and capital resources, all as more fully described in the Company's Form 8-K filed with the SEC on January 26, 2009, the Company's Form 8-K filed with the SEC on February 26, 2009, the Company's Form 8-K filed with the SEC on March 3, 2009 and the Company's Form 8-K filed with the SEC on April 30, 2009; (22) the series of putative class action lawsuits alleging violations of the federal securities laws by the Company and certain individuals, all as more fully described in the Company's Form 8-K filed with the SEC on January 26, 2009, the Company's Form 8-K filed with the SEC on February 26, 2009 and the Company's Form 8-K filed with the SEC on April 30, 2009, as well as certain other of the Company's SEC filings; (23) the possibility that insurance proceeds are insufficient to cover potential losses that may arise from litigation, including with respect to product liability or securities litigation; (24) the informal inquiry initiated by the SEC and any related or additional governmental investigative or enforcement proceedings, including actions by the FDA and the U.S. Department of Justice, all as more fully described in the Company's Form 8-K filed with the SEC on January 26, 2009, the Company's Form 8-K filed with the SEC on February 26, 2009 and the Company's Form 8-K filed with the SEC on February 30, 2009; (25) delays in returning certain or many of the Com
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