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K-V Pharmaceutical Company Announces Comprehensive Patient Assistance Program for Makena™
Date:3/8/2011

r materially from those set forth or implied by the forward-looking statements and related assumptions.

Such factors include (but are not limited to) the following:

  1. The Company's ability to successfully complete the proposed private placement of senior secured notes as described in our press release dated March 1, 2011;
  2. the ability to continue as a going concern;
  3. the terms of our secured loan agreement with U.S. Healthcare I, L.L.C. and U.S. Healthcare II, L.L.C. (together, the "Lenders"), as more fully described in Item 1— "Business—(b) Significant Recent Developments—Financing" in the Company's Annual Report 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™;
  4. the possibility of not obtaining FDA approvals or delay in obtaining FDA approvals;
  5. new product development and launch, including the possibility that any product launch may be delayed or unsuccessful, including with respect to Makena™;
  6. acceptance of and demand for the Company's new pharmaceutical products, includ
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SOURCE K-V Pharmaceutical Company
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