ST. LOUIS, Sept. 9 /PRNewswire-FirstCall/ -- KV Pharmaceutical Company (NYSE: KVa/KVb) today announced that on August 31, 2009, the Company received a written notice (the "Notice") executed by the Marc S. Hermelin Revocable Trust DTD 7/23/99, a stockholder of the Company, requesting the Board of Directors of the Company (the "Board") to fix a record date for stockholder action by written consent relating to the adoption of certain amendments to the Company's By-Laws (the "Proposed Amendments"). A copy of the Notice, which includes as an exhibit the proposed action by written consent of stockholders and the Proposed Amendments, is attached as Exhibit 99.1 to the Current Report on Form 8-K the Company filed today with the U.S. Securities and Exchange Commission. A copy of the Company's current By-Laws, last amended as of December 5, 2008, is attached to the same Current Report on Form 8-K as Exhibit 3.2. The Current Report on Form 8-K is available on the Company's Web site at www.kvpharmaceutical.com and on the SEC's Web site at www.sec.gov.
The Company's current By-Laws provide that the Board shall fix a record date for stockholder action by written consent upon request by any stockholder of record to do so. Pursuant to the Company's current By-Laws, and in response to the Notice, on September 8, 2009, the Board set a record date of the close of business on September 11, 2009 to determine the Company's stockholders eligible to consent in writing to the adoption of the Proposed Amendments.
The Company's current By-Laws provide that the By-Laws may be amended by the stockholders. The Board has not approved the Proposed Amendments and is not seeking stockholder action with respect to the Proposed Amendments.
SOURCE KV Pharmaceutical Company
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