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K-V Pharmaceutical Secures Financing Commitments Establishing Path Forward For Specialty Pharmaceutical Business
Date:11/17/2010

n the Company assets acting as collateral for the loan agreement, and adversely affect the Company's ability to operate;

(3)  the consent decree between the Registrant and the FDA and the Registrant's suspension of the production and shipment of all of the products that it manufactures (other than the Potassium Chloride products that are the subject of the FDA letter received September 8, 2010) and the related nationwide recall affecting all of the other products that it manufactures, as well as the related material adverse effect on its revenue, assets and liquidity and capital resources, as more fully described in Part I, Item 2 – "Management's Discussion and Analysis of Financial Condition and Results of Operations – Background – Discontinuation of Manufacturing and Distribution; Product Recalls; and the FDA Consent Decree" in the Form 10-Q;

(4)  the plea agreement between the Registrant and the U.S. Department of Justice and the Registrant's obligations therewith, as well as the related material adverse effect, if any, on its revenue, assets and liquidity and capital resources, as more fully described in Note 20 – "Subsequent Events" of the Notes to the Consolidated Financial Statements in the Form 10-Q;

(5)  changes in the current and future business environment, including interest     rates and capital and consumer spending;

(6)  the difficulty of predicting FDA approvals, including timing, and that any period of exclusivity may not be realized;

(7)  the possibility of not obtaining FDA approvals or delay in obtaining FDA approvals, including with respect to Gestiva™, as well as the number of preterm births for which Gestiva™ may be prescribed, its safety profile and side effects profile;

(8)  acceptance of and demand for the Registrant's new pharmaceutical products or current products upon their return to the marketplace;

(9)  new
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