Merz Pharma Group today announced that it has been granted early termination of the waiting period under the Hart-Scott Rodino Antitrust Improvements Act of 1976, as amended, by the U.S. Federal Trade Commission and the U.S. Department of Justice in connection with the previously announced US$5.45 per share cash tender offer made by Merz GmbH & Co. KGaA (“Merz”) and its acquisition subsidiary to purchase all outstanding shares of common stock of BioForm Medical, Inc. (Nasdaq: BFRM). The tender offer will expire on February 12, 2010 at 12:00 midnight, New York City time, unless extended.
This press release contains forward-looking statements, including those relating to Merz’s anticipated acquisition of BioForm Medical. Forward-looking statements may contain words such as “expect,” “believe,” “may,” “can,” “should,” “will,” “forecast,” “anticipate” or similar expressions, and include the assumptions that underlie such statements. These statements are subject to known and unknown risks and uncertainties that could cause actual results to differ, even materially, from those stated or implied, including but not limited to: the risk that the transaction will not be consummated in a timely manner or at all if, among other things, fewer than a majority of the shares of BioForm Medical common stock are tendered or other closing conditions are not satisfied; and other risks described in BioForm Medical’s filings with the Securities and Exchange Commission (the “SEC”). All forward-looking statements are based on managements’ estimates, projections and assumptions as of the date hereof and are subject to risks and uncertainties, which may cause actual results to differ, even materially, from the statements contained herein. Undue reliance should not be placed on forward-looking statements, which speak only as of the date they are made. Neither Merz nor BioForm Medical undertake any obligation to update publicly any forward-looking statements to reflect new information, events or circumstances after the date they were made, or to reflect the occurrence of unanticipated events.