ST. LOUIS, Aug. 8, 2012 /PRNewswire/ -- K-V Pharmaceutical
Company ("K-V" or "the Company") today announced that all "First
Day" motions presented to the U.S. Bankruptcy Court on August 7, 2012 that were included as part of the
Company's initial filings in its voluntary reorganization cases
were approved on either an interim or final basis by the U.S.
Bankruptcy Court for the Southern District of New York, the Honorable Judge Allan L. Gropper presiding.
The approved First Day motions cover, among other things,
obligations to employees and warehouse and common carrier providers
and authorize the Company to continue to use its current cash
management system. A final hearing on the First Day motions
as well as certain other motions is scheduled for August 22, 2012.
"With the Court's approval of our First Day motions, K-V is able
to continue operations and focus on restructuring our financial
obligations," said Greg Divis,
President and CEO of K-V Pharmaceutical. "We intend to emerge from
this restructuring as a stable and competitive company, able to
continue to provide quality products to support the health of women
across the stages of their lives. Approval of these First Day
motions helps provide the flexibility we need to complete this
process quickly and efficiently," Divis added.
K-V and certain of its affiliates commenced cases to reorganize
under chapter 11 of the U.S. Bankruptcy Code on August 4, 2012. The chapter 11 cases are being
jointly administered under case number 12-13346. Updates and
additional information can be found at the Company's website
www.kvph.com. In addition, the Company's Claims
Administrator, Epiq Bankruptcy Solutions, Inc., maintains a
web-based resource where documents from the Chapter 11 cases,
including the Company's Petitions, can be found,
http://dm.epiq11.com/KVD.
K-V has retained, subject to Bankruptcy Court approval, the
services of Willkie Farr &
Gallagher LLP as bankruptcy counsel, and Jefferies & Co., Inc.
as financial advisor and investment banker.
About K-V Pharmaceutical Company
K-V Pharmaceutical Company is a specialty branded pharmaceutical
company with a primary focus in the area of women's healthcare. As
such, we are committed to advancing the health of women across all
the stages of their lives.
For further information about K-V Pharmaceutical Company, please
visit the Company's corporate website at www.kvph.com.
Cautionary Note Regarding Forward-looking Statements
This release contains various forward-looking statements within the
meaning of the United States Private Securities Litigation Reform
Act of 1995 (the "PSLRA") and which may be based on or include
assumptions concerning our operations, future results and
prospects. Such statements may be identified by the use of words
like "plan," "expect," "aim," "believe," "project," "anticipate,"
"commit," "intend," "estimate," "will," "should," "could,"
"potential" and other expressions that indicate future events and
trends.
All statements that address expectations or projections about
the future, including, without limitation, statements about product
launches, governmental and regulatory actions and proceedings,
market position, revenues, expenditures and the impact of the
recall and suspension of shipments on revenues, adjustments to the
financial statements, the filing of amended SEC filings and other
financial results, are forward-looking statements.
All forward-looking statements are based on current expectations
and are subject to risk and uncertainties. In connection with the
PSLRA's "safe harbor" provisions, we provide the following
cautionary statements identifying important economic, competitive,
political, regulatory and technological factors, among others, that
could cause actual results or events to differ materially from
those set forth or implied by the forward-looking statements and
related assumptions. Such factors include (but are not limited to):
(1) the ability of the Company and its subsidiaries to continue as
a going concern; (2) the ability of the Company and its
subsidiaries to obtain Bankruptcy Court approval with respect to
motions in the Chapter 11 cases; (3) the ability of the Company and
its subsidiaries to prosecute, develop and consummate one or more
plans of reorganization with respect to the Chapter 11 cases; (4)
the effects of the bankruptcy filing on the Company and its
subsidiaries and the interests of various creditors, equity holders
and other constituents; (5) the effects of rulings of the
Bankruptcy Court in the Chapter 11 cases and the outcome of the
cases in general; (6) the length of time the Company and its
subsidiaries will operate under the Chapter 11 cases; (7) risks
associated with third-party motions in the Chapter 11 cases, which
may interfere with the ability of the Company and its subsidiaries
to develop one or more plans of reorganization and consummate such
plans once they are developed; (8) the potential adverse effects of
the Chapter 11 proceedings on the Company's liquidity or results of
operations; (9) the ability to execute the Company's business and
restructuring plans; (10) increased legal costs related to the
Company's bankruptcy filing and other litigation; (11) that
its Class A Common Stock and Class B Common Stock will be, or will
continue to be, traded on the OTCQB Marketplace and whether
sufficient volumes and liquidity will develop; and (12) the ability
of the Company and its subsidiaries to maintain contracts that are
critical to their operation, including to obtain and maintain
normal terms with their vendors, customers and service providers
and to retain key executives, managers and employees.
This discussion is not exhaustive, but is designed to highlight
important factors that may impact our forward-looking
statements.
Because the factors referred to above, as well as the statements
included in Part I, Item 1A—"Risk Factors," of our Annual Report on
Form 10-K for the fiscal year ended March
31, 2012 and under the heading "Risk Factors" in our
Registration Statement on Form S-1 filed with the Securities and
Exchange Commission on July 31, 2012,
could cause actual results or outcomes to differ materially from
those expressed in any forward-looking statements made by us or on
our behalf, you should not place undue reliance on any
forward-looking statements. All forward-looking statements
attributable to us are expressly qualified in their entirety by the
cautionary statements in this "Cautionary Note Regarding
Forward-Looking Statements" and the risk factors that are included
under Part I, Item 1A of the our Annual Report on Form 10-K for the
fiscal year ended March 31, 2012 and
under the heading "Risk Factors" in our Registration Statement on
Form S-1 filed with the Securities and Exchange Commission on
July 31, 2012. Further, any
forward-looking statement speaks only as of the date on which it is
made and we are under no obligation to update any of the
forward-looking statements after the date of this release. New
factors emerge from time to time, and it is not possible for us to
predict which factors will arise, when they will arise and/or their
effects. In addition, we cannot assess the impact of each factor on
our future business or financial condition or the extent to which
any factor, or combination of factors, may cause actual results to
differ materially from those contained in any forward-looking
statements.
SOURCE K-V Pharmaceutical Company