KV Pharmaceutical Sets Record Date for Stockholder Action by Writt...(ctual or potential competitors or to the...),Health

Date:9/9/2009

ctual or potential competitors or to the Company's ability to market generic products due to brand company patents and challenges to other companies' introduction or potential introduction of generic or competing products by third parties against products sold by the Company or its subsidiaries, including without limitation the litigation and claims referred to in Note 16 of the Notes to the Consolidated Financial Statements in the Company's Quarterly Report on Form 10-Q for the quarter ended June 30, 2008 and under the heading "Certain Other Matters" in the Company's Form 8-K filed with the SEC on April 30, 2009; (16) the possibility that the Company's current estimates of the financial effect of certain announced product recalls could prove to be incorrect; (17) whether any product recalls or product introductions result in litigation, agency action or material damages; (18) the possibility that the findings of the Audit Committee inquiry referenced in the Company's Form 10-Q for the quarter ended June 30, 2008, Form 12b-25 filed with the SEC on November 13, 2008, Form 12b-25 filed with the SEC on February 2, 2009, Form 12b-25 filed with the SEC on June 6, 2009, Form 8-K filed with the SEC on June 23, 2009, as well as certain other of the Company's SEC filings, could have a material impact on the Company's financial results; (19) the satisfaction or waiver of 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; (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 re
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