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KV Pharmaceutical Sets Record Date for Stockholder Action by Written Consent
Date:12/15/2009

ny product recalls or product introductions result in litigation, agency action or material damages;
  • the satisfaction or waiver of the other closing conditions in the previously disclosed Gestiva(TM) acquisition agreement;
  • the series of putative class action lawsuits alleging violations of the federal securities laws by the Company and certain individuals, all as more fully described in the Company's Form 8-K filed with the SEC on January 26, 2009, the Company's Form 8-K filed with the SEC on February 26, 2009, the Company's Form 8-K filed with the SEC on April 30, 2009, as well as certain other of the Company's SEC filings;
  • the possibility that insurance proceeds are insufficient to cover potential losses that may arise from litigation, including with respect to product liability or securities litigation;
  • the informal inquiry initiated by the SEC and any related or additional governmental investigative or enforcement proceedings, including actions by the FDA and the U.S. Department of Justice, all as more fully described in the Company's Form 8-K filed with the SEC on January 26, 2009, the Company's Form 8-K filed with the SEC on February 26, 2009, the Company's Form 8-K filed with the SEC on April 30, 2009, the Company's Form 8-K filed with the SEC on July 24, 2009 and the Company's Form 8-K filed with the SEC on November 12, 2009;
  • delays in returning, or failure to return, certain or many of the Company's approved products to market, including loss of market share as a result of the suspension of shipments, and related costs;
  • the ability to sell or license certain assets, and the terms of such transactions;
  • the possibility that the auction rate securities held by the Company may not return to liquidity at or near their face value;
  • the ability to monetize the auction rate securities currently held by the Company, the amount of proceeds to be received from such monetization and the timing of receipt
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  • SOURCE KV Pharmaceutical Company
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