The information contained on this web page is only a
summary.
YOU MAY
DOWNLOAD A FULL COPY OF THE NOTICE OF PENDENCY OF CLASS ACTION AND PROPOSED
SETTLEMENT, SETTLEMENT FAIRNESS HEARING, AND MOTION FOR ATTORNEYS’ FEES AND
REIMBURSEMENT OF LITIGATION EXPENSES (THE “NOTICE”) BY CLICKING HERE.
IF YOU PURCHASED OR OTHERWISE
ACQUIRED THE COMMON STOCK OF PAR PHARMACEUTICAL COMPANIES, INC. ("PAR" OR THE "DEFENDANT"), BETWEEN JULY 23, 2001 AND JULY 5, 2006, INCLUSIVE (THE "CLASS PERIOD"), YOU MAY BE ELIGIBLE FOR A PAYMENT FROM A CLASS ACTION SETTLEMENT.
Your legal rights are affected whether
you act or do not act. Please read the Notice carefully.
Security
and Time Period: Par Pharmaceutical Companies, Inc. common stock
purchased or acquired between July 23, 2001 and July 5, 2006, inclusive.
YOUR LEGAL RIGHTS AND OPTIONS IN THE SETTLEMENT
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ACTIONS YOU MAY
TAKE
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EFFECT OF TAKING
THIS ACTION
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SUBMIT
A CLAIM FORM POSTMARKED NO LATER
THAN AUGUST 2, 2013.
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This is the only way to be eligible to get
a payment from the applicable Settlement Fund. You may download a copy of the
Claim Form by clicking here.
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EXCLUDE
YOURSELF FROM THE CLASS BY SUBMITTING
A WRITTEN REQUEST FOR EXCLUSION POSTMARKED NO LATER THAN APRIL
1, 2013.
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If you exclude yourself from the Class, you
will not be eligible to get any payment from the Settlement Fund. Excluding yourself
from the Class, however, allows you to bring or maintain your own lawsuit
against any of the Defendants or other Released Parties concerning the claims
that were, or could have been, asserted in this case.
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REMAIN
IN CLASS AND OBJECT TO THE SETTLEMENT BY
SUBMITTING WRITTEN OBJECTIONS SO THAT THEY
ARE POSTMARKED NO LATER THAN APRIL 1, 2013.
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Write to the Court and explain why you do
not like the proposed Settlement, the proposed Plan of Allocation, the
request for attorneys’ fees and reimbursement of Litigation Expenses, or the request
for a Compensatory Award for Lead Plaintiff. You cannot object to the
Settlement unless you are a Class Member and do not exclude yourself.
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GO TO A HEARING ON JULY 2, 2013, AT 10:30 A.M., AND FILE A NOTICE OF INTENTION TO APPEAR SO THAT IT IS POSTMARKED NO LATER THAN APRIL 1, 2013.
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Filing a written objection and notice of
intention to appear by April 1, 2013, allows you to speak in Court about the
fairness of the applicable proposed Settlement, the proposed Plan of Allocation,
the request for attorneys’ fees and reimbursement of Litigation Expenses, or
the request for a Compensatory Award for Lead Plaintiff.
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DO NOTHING
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If you are a member of the Class and you do not submit
a Proof of Claim Form by August 2, 2013, you will not be eligible to receive
any payment from the Settlement. You will, however, remain a member of the
Class, which means that you give up your rights to sue about the claims that
are resolved by the applicable Settlement and you will be bound by any
Judgments or Orders entered by the Court with respect to the Settlement.
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These
rights and options—and the
deadlines to exercise them—are explained in the Notice. Please note the date of the Settlement
Hearing—currently scheduled July 2, 2013 at 10:30 a.m.—is subject to change
without further notice. If you plan to
attend the hearing, you should check with Plaintiff’s Lead Counsel as set forth
below, or with the Court, to be sure that no change to the date and time of the
hearing has been made.
The Court in charge
of this case must decide whether to approve the settlement. Payments will
be made if the Court approves the settlement and, if there are any appeals,
after appeals are resolved. Please be patient.
SUMMARY
OF THE NOTICE
Statement of Class’ Recovery: Subject to Court approval, and as described
more fully below, Lead Plaintiff on behalf of the Class, has agreed to settle
all claims that arise out of or are based upon or relate to the allegations or
facts asserted in the Action and the purchase or other acquisition, sale or
other disposition, or decision to hold or holding of Par securities during the
Class Period that were or could have been asserted against the Defendants and
the Released Parties in the Action in exchange for a total of $8,100,000 (the
“Total Settlement Amount”). The Settlement Amount will be deposited into an
interest-bearing escrow account (the “Settlement Fund”). The Net Settlement
Fund (the Fund less Taxes, Notice and Administration Costs, attorneys’ fees and
Litigation Expenses awarded to counsel representing Lead Plaintiff and the
Class, and any Compensatory Award awarded to Lead Plaintiff) will be
distributed in accordance with a plan of allocation (the “Plan of Allocation”)
that will be approved by the Court and will determine how the Net Settlement
Fund shall be allocated to members of the Class. The proposed Plan of
Allocation is included in the Notice.
Statement of Average Amount of Damages Per Share: The parties do
not agree on the average amount of damages per share that would be recoverable
if Lead Plaintiff were to prevail. Lead
Plaintiff’s damages expert estimates that approximately 35 million shares of
Par common stock purchased by Class Members during the Class Period may have
been affected by the conduct at issue in the Action. Based on these figures, if claims are made
with respect to all of the estimated affected shares, the average per-share
recovery from the Total Settlement Fund is estimated to be approximately $0.23
per share of common stock, before the deduction of attorneys’ fees, costs, and
expenses and any Compensatory Award to Lead Plaintiff, as approved by the
Court. Class Members should note,
however, that these are only estimates based on the overall number of
potentially damaged shares in the Class.
Some Class Members may recover more or less than these estimated amounts
depending on, among other factors, when and the prices at which their shares
were purchased or sold. Defendants deny
that any shares of Par common stock were damaged as Lead Plaintiff has
alleged. Defendants assert that they
were prepared to establish that the prices of Par common stock were not
inflated as the result of any allegedly false or misleading public statements
by the Defendants.
Attorneys’ Fees and
Litigation Expenses:
Plaintiff’s Lead Counsel Berman DeValerio will apply to the Court for an award
of attorneys’ fees in an amount not to exceed 33⅓% of the Total Settlement
Fund. In addition, Plaintiff’s Lead
Counsel will apply for the reimbursement of Litigation Expenses paid or
incurred in connection with the prosecution and resolution of the claims
against the Defendants, in an amount not to exceed $675,000, and Lead Plaintiff
will apply to the Court for a Compensatory Award in compensation for the time
incurred by Lead Plaintiff in connection with this Litigation for the benefit
of the Class. Any fees and expenses
awarded by the Court will be paid from the Settlement Fund. Class Members are not personally liable for
any such fees or expenses. If the Court
approves Plaintiff’s Lead Counsel’s fee and expense application and Lead
Plaintiff’s Compensatory Award, the average cost per share will be approximately
$0.10 per share of common stock.
More Information:
Claims Administrator:
Par Pharmaceutical Securities Litigation
Claims Administrator
c/o A.B. Data, Ltd.
PO
Box
170500
Milwaukee, WI 53217-8091
866-217-4459
info@ParSecuritiesLitigation.com
www.ParSecuritiesLitigation.com
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Plaintiff’s
Lead Counsel:
Justin
Saif, Esq.
BERMAN
DEVALERIO
One
Liberty Square
Boston, MA
02109
800-516-9926
www.BermanDeValerio.com
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If you have questions, you may call the Par
Pharmaceutical Securities Litigation Settlement Help Line at 866-217-4459 or email info@ParSecuritiesLitigation.com.