Three leading independent proxy advisory firms, ISS Proxy Advisory Services, Glass, Lewis & Co. and Egan-Jones Proxy Services, have recommended votes FOR the merger. None of these recommendations was solicited by BioSante or ANI, and no fees were paid by BioSante or ANI to any of these companies.
The special meeting has been adjourned to give BioSante stockholders additional but limited time to consider the merger proposal and to VOTE PROMPTLY their shares. In addition to calling 800-357-9167, you also may vote in one of the following ways:
- Over the phone, by calling 1-800-690-6903 and using touch tone to deliver voting instructions (note that you will need your control number on your proxy card)
- Via the Internet at www.proxyvote.com (note that you will need your control number on your proxy card)
- By mail, by promptly returning your enclosed proxy card.
If your broker has asked you for voting instructions on the merger proposal and you have not responded or failed to deliver instructions to your broker on how it should vote your shares, your failure to give instructions is the same as a vote “AGAINST” the merger. The BioSante board of directors urges you to promptly return voting instructions to your broker or promptly vote “FOR” the merger proposal by calling 1-800-690-6903 or going online at www.proxyvote.com or returning your completed proxy card. Alternatively, you may call (800) 357-9167 to vote your shares.
The Proposed BioSante/ANI Merger is the Best Alternative for BioSante StockholdersThe proposed merger of BioSante and ANI is the best alternative for BioSante stockholders. If holders of a majority of BioSante common stock do not vote “FOR” the merger proposal, BioSante will remain a stand-alone company and will need to address the same financial and strategic issues and risks that led it to propose the merger with ANI. Upon completion of the merger, the combined company will be renamed ANI Pharmaceuticals, Inc. and will operate under the leadership of the ANI management team, with Arthur S. Przybyl serving as president and chief executive officer. Mr. Przybyl has expressed to us the strong belief of the entire ANI management team that by merging with BioSante it can create value for all stockholders. We and they believe that the combined strengths of our two companies will be a powerful accelerant to growth.