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KV Pharmaceutical Receives Stockholder Action by Written Consent
Date:9/15/2009

costs; (26) sale or licensing of certain assets; (27) the ability to monetize the auction rate securities currently held by the Company, the amount of proceeds to be received from such monetization and the timing of receipt of proceeds by the Company; (28) the timing and ability to realize and receive expected tax refunds, the actual refund amount to be received by the Company subject to any challenges or otherwise and the timing of receipt of the refund by the Company; (29) the possibility that default on one type or class of the Company's indebtedness could result in cross default under, and the acceleration of, other indebtedness of the Company; (30) difficulties and uncertainties with respect to obtaining additional capital, as more fully described in the Company's Form 8-K filed with the SEC on July 24, 2009; (31) risks that the costs are greater than expected or that there is a material delay in reconstructing the leased facility used by Particle Dynamics Inc. that was damaged by an accidental fire, as described in the Company's Form 8-K filed with the SEC on June 4, 2009; and (32) the risks detailed from time-to-time in the Company's filings with the SEC.

This discussion is not exhaustive, but is designed to highlight important factors that may impact the Company's forward-looking statements. The Company is under no obligation to update any of the forward-looking statements after the date of this press release. All forward-looking statements attributable to the Company are expressly qualified in their entirety by the cautionary statements in this "Cautionary Note Regarding Forward-looking Statements" and the risk factors that are included under the heading "Item 1A--Risk Factors" in the Company's Annual Report on Form 10-K for the year ended March 31, 2008, as supplemented by the Company's subsequent SEC filings.


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