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K-V Pharmaceutical Company Announces $200 Million Private Debt Offering
Date:3/1/2011

on Form 10-K for the year ended March 31, 2010 (the "Form 10-K"), as amended, could have an adverse effect on us if we are not able to refinance it or repay it at maturity on March 20, 2013, or earlier if we experience an event of default that is not waived by the Lenders or if a waiver expires and is not extended, and such terms contain numerous affirmative and negative covenants and conditions that must be met in order to avoid default and/or to qualify for additional loan tranches, and there are substantial risks of triggering defaults with respect to such covenants and/or the occurrence or non-occurrence of conditions that would preclude the Company from being able to draw down additional loan tranches, which could materially adversely impact the Company, lead to foreclosure on the Company assets acting as collateral for the loan agreement, and adversely affect the Company's ability to operate, including  the launch of Makena™;
  • the possibility of not obtaining FDA approvals or delay in obtaining FDA approvals;
  • new product development and launch, including the possibility that any product launch may be delayed or unsuccessful, including with respect to Makena™;
  • acceptance of and demand for the Company's new pharmaceutical products, including Makena™, and for our current products upon their return to the marketplace, as well as the number of preterm births for which Makena™ may be prescribed and its safety profile and side effects profile;
  • the possibility that any period of exclusivity may not be realized, including with respect to Makena™, a designated Orphan Drug;
  • the satisfaction or waiver of the terms and conditions for the acquisition and continued ownership of the full U.S. and worldwide rights to Makena™ set forth in the previously disclosed Makena™ acquisition agreement, as amended;
  • the consent decree between the Company and the U.S. Food and Drug Administratio
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  • SOURCE K-V Pharmaceutical Company
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