grow.
collaborate. innovate. thrive.
©2010 Endo Pharmaceuticals Inc.
FORWARD LOOKING STATEMENT
2
This presentation contains forward-looking statements regarding, among other things, the
proposed business combination between Endo and
HealthTronics, Endos and
HealthTronics financial position, results of operations, market position, product development and business strategy, as
well as estimates of Endos future total revenues, future expenses, future net income and
future earnings per share. Statements including words
such as
believes, expects, anticipates, intends, estimates, plan, will, may intend, guidance or similar expressions are
forward-
looking statements. Because these statements reflect our current
views, expectations and beliefs concerning future events, these forward-looking
statements involve risks and uncertainties. Investors should note that many factors could
affect the proposed business combination of the
companies, future financial results and
could cause actual results to differ materially from those expressed in forward-looking statements contained
in this presentation. These factors include, but are not limited to: the risk that the tender
offer and merger will not close, the risk that Endos
business and/or
HealthTronics business will be adversely impacted during the pendency of the tender offer and merger, the risk that the operations
of the two companies will not be integrated successfully, Endos ability to successfully
develop, commercialize and market new products; timing and
results of pre-clinical
or clinical trials on new products; Endos ability to obtain regulatory approval of any of Endos pipeline products; competition
for the business of Endos branded and generic products, and in connection with its
acquisition of rights to intellectual property assets; market
acceptance of our future
products; government regulation of the pharmaceutical industry; Endos dependence on a small number of products;
Endos dependence on outside manufacturers for the manufacture of a majority of its
products; Endos dependence on third parties to supply raw
materials and to
provide services for certain core aspects of its business; new regulatory action or lawsuits relating to Endos use of narcotics in most
of its core products; Endos exposure to product liability claims and product recalls and
the possibility that they may not be able to adequately insure
themselves; the
successful efforts of manufacturers of branded pharmaceuticals to use litigation and legislative and regulatory efforts to limit the
use of generics and certain other products; Endos ability to successfully implement its
acquisition and in-licensing strategy; regulatory or other limits
on the
availability of controlled substances that constitute the active ingredients of some of its products and products in development; the
availability of third-party reimbursement for Endos products; the outcome of any
pending or future litigation or claims by third parties or the
government, and the
performance of indemnitors with respect to claims for which Endo has been indemnified; Endos dependence on sales to a
limited number of large pharmacy chains and wholesale drug distributors for a large portion of
its total revenues; a determination by a regulatory
agency that Endo is engaging or has
engaged in inappropriate sales or marketing activities, including promoting the off-label use of its products,
the risk that demand for and acceptance of Endos and HealthTronics products or
services may be reduced; the risk of changes in governmental
regulations; the impact of
economic conditions; the impact of competition and pricing and other risks and uncertainties, including those detailed
from time to time in the companies periodic reports filed with the Securities and
Exchange Commission, including current reports on Form 8-K,
quarterly reports on
Form 10-Q and annual reports on Form 10-K, particularly the discussion under the caption RISK FACTORS" in their annual
reports on Form 10-K for the year ended December 31, 2009, which were filed with the
Securities and Exchange Commission. The forward-looking
statements in this
presentation are qualified by these risk factors. These are factors that, individually or in the aggregate, could cause our actual
results to differ materially from expected and historical results. The companies assume
no obligation to publicly update any forward-looking
statements, whether as a
result of new information, future developments or otherwise.
|