Please carefully review the following terms and conditions of use (“Terms and Conditions”), which apply to everyone who visits this Amneal Pharmaceuticals LLC (“Amneal”) website. By accessing and using this website, you are agreeing to abide by, and be bound by, the following Terms and Conditions and any amendments in effect at the time of your visit. Amneal may modify these Terms and Conditions at any time without notice by updating these legal notices, and we encourage you to review the Terms and Conditions because any such modifications will be binding on you.
Trademarks and service marks on this Amneal website, including but not limited to product names, are registered and unregistered trademarks of Amneal and others. The contents of this Amneal website (including, without limitation, the arrangement and layout of the websites; names and logos; and text, illustrations and artwork) are the copyrighted and/or trademarked property of Amneal (or the original creator of the material) and are protected under applicable copyright and trademark laws. Nothing contained on the websites should be construed as granting any license or right to use any such marks or copyrighted material without the written permission of Amneal or such other party who may own such mark(s) or copyrighted material. Any unauthorized use of the trademarks, copyrights or other contents of this Amneal website may violate civil or criminal laws.
The product catalog on the Amneal website has been designed as a quick reference for generic pharmaceuticals and their corresponding brand names. Some products-either brand or generic-may no longer be available on the market due to discontinuations from product portfolios. This product catalog may not represent our complete product portfolio due to additional product launches or product discontinuations. The products displayed on this web site are intended as a reference source only and not for prescribing or dispensing purposes.
Patients should always obtain complete medical information about their prescription medicines (beneficial medical uses and possible adverse effects) from the product’s information leaflet and/or by discussing the appropriate use of any medicine(s) directly with their prescribing physician. Consumers should not construe any information herein as medical advice. Amneal and its affiliates are not responsible for any reliance on or use of any information included herein.
Nothing contained in Amneal’s website should be construed as medical, legal, investment, financial or other advice. Without limitation, nothing contained in the sites should replace medical advice, medical visits or recommendations from health care providers. Patients should always consult with a doctor or other health care provider for medical advice.
Amneal’s website contains links to third-party websites, which are provided as a convenience to users of our site. Amneal makes no claim or warranty of, and is not responsible for, any information found in a linked website. We encourage you to check the disclaimers and other legal notices provided on such linked sites.
No Representation or Warranty
While Amneal uses reasonable efforts to include up-to-date and accurate information on its website, Amneal does not make, and expressly disclaims, any representations or warranties of any kind, either express or implied (including without limitation any implied warranties of merchantability, fitness for a particular purpose or non-infringement) with regard to any such information, its accuracy or completeness or the frequency that it is updated. Everything on Amneal’s website is provided “AS IS”. Amneal assumes no liability or responsibility for any errors or omissions in the content of its websites.
Limitation of Liability
Your use of Amneal’s website is at your own risk. In no event shall Amneal or any of its officers, directors, employees or affiliates, be liable, directly or indirectly, for any damages of any kind or nature, including, without limitation, direct, incidental, punitive or consequential, or any claims or losses, resulting from or in connection with the creation or use of, or reliance on, this site or any information contained herein, any other Amneal website or any linked website contained in any such sites, or any of the information accessed through any such site or from the inability to use any such site. This limitation includes damage to your computer equipment or any viruses that may infect your computer equipment or other property.
These Terms and Conditions of use and your use of this website shall be governed by the laws of the State of New Jersey without regard to conflict of laws principles. Any legal action or proceeding related to the Terms and Conditions or your use of this website shall be brought exclusively in the courts of the State of New Jersey or the United States District Court for the District of New Jersey.
Safe Harbor Statement
Certain statements contained herein, regarding matters that are not historical facts, may be forward-looking statements (as defined in Section 27A of the United States Securities Act of 1933, as amended, and Section 21E of the United States Securities Exchange Act of 1934, as amended). We intend such forward-looking statements to be covered by the safe harbor provisions for forward-looking statements contained in the Private Securities Litigation Reform Act of 1995 and include this statement for purposes of complying with the safe harbor provisions. Such forward-looking statements include statements regarding management’s intentions, plans, beliefs, expectations or forecasts for the future. The words such as “may,” “will,” “could,” “should,” “expect,” “plan,” “anticipate,” “intend,” “believe,” “estimate,” “continue,” and similar words are intended to identify estimates and forward-looking statements.
Such forward-looking statements are based on the expectations of Amneal Pharmaceuticals, Inc. (“our” or the “Company”) and involve risks and uncertainties; consequently, actual results may differ materially from those expressed or implied in the statements. Such risks and uncertainties include, but are not limited to (i) our ability to integrate the operations of Amneal Pharmaceuticals LLC (“Amneal”) and Impax Laboratories, Inc. (“Impax”) pursuant to the transactions (the “Combination”) contemplated by that certain Business Combination Agreement dated as of October 17, 2017 by and among the Company, Amneal, Impax and K2 Merger Sub Corporation as amended by Amendment No. 1, dated November 21, 2017 and Amendment No. 2 dated December 16, 2017 and our ability to realize the anticipated synergies and other benefits of the Combination, (ii) the fact that certain of our stockholders holding over a majority of our shares (the “Amneal Group Members”) may have interests different from those of our other stockholders, (iii) the transaction costs related to the Combination, (iv) results from the public unaudited pro forma financial information of Impax and Amneal may not be indicative of the Company’s future operating performance, (v) business issues faced by either Amneal or Impax may be imputed to the operations of the Company, (vi) the impact of a separation of Impax or Amneal as a subsidiary of the Company, (vii) the change of control or early termination rights in certain of Impax’s or Amneal’s contracts that may be implicated by the Combination, (viii) payments required by the Company’s Tax Receivables Agreement, (ix) the impact of global economic conditions, (x) our ability to successfully develop or commercialize new products, (xi) our ability to obtain exclusive marketing rights for our products or to introduce products on a timely basis, (xii) the competition we face in the pharmaceutical industry from brand and generic drug product companies, (xiii) our ability to manage our growth, (xiv) the impact of competition, (xv) the illegal distribution and sale by third parties of counterfeit versions of our products or of stolen products, (xvi) market perceptions of us and the safety and quality of our products, (xvii) the substantial portion of our total revenues derived from sales of a limited number of products, (xviii) our ability to develop, license or acquire and introduce new products on a timely basis, (xix) the ability of our approved products to achieve expected levels of market acceptance, (xx) the risk that we may discontinue the manufacture and distribution of certain existing products, (xxi) the impact of manufacturing or quality control problems, (xxii) product liability risks, (xxiii) risks related to changes in the regulatory environment, including United States federal and state laws related to healthcare fraud abuse and health information privacy and security and changes in such laws, (xxiv) changes to FDA product approval requirements, (xxv) risks related to federal regulation of arrangements between manufacturers of branded and generic products, (xxvi) the impact of healthcare reform, (xxvii) business interruptions at one of our few locations that produce the majority of our products, (xxviii) relationships with our major customers, (xxix) the continuing trend of consolidation of certain customer groups, (xxx) our reliance on certain licenses to proprietary technologies, (xxxi) our dependence on third party suppliers and distributors for raw materials for our products, (xxxii) the time necessary to develop generic and branded drug products, (xxxiii) our dependence on third parties for testing required for regulatory approval of our products, (xxxiv) our dependence on third party agreements for a portion of our product offerings, (xxxv) our ability to make acquisitions of or investments in complementary businesses and products, (xxvi) regulatory oversight in international markets, (xxxvii) our increased exposure to tax liabilities and the impact of recent United State tax legislation, (xxxviii) third parties’ infringement of our intellectual property rights, (xxxix) our involvement in various legal proceedings, (xl) increased government scrutiny related to our agreements to settle patent litigation, (xli) the impact of legal, regulatory and legislative strategies by our brand competitors, (xlii) the significant amount of resources we expend on research and development, (xliii) our substantial amount of indebtedness, (xliv) risks inherent in conducting clinical trials, (xlv) our reporting and payment obligations under the Medicaid and other government rebate programs, (xlvi) fluctuations in our operating results, (xlvii) adjustments to our reserves based on price adjustments and sales allowances, (xlviii) impact of impairment on our goodwill and other intangible assets, (xlix) investigations and litigation concerning the calculation of average wholesale prices, (l) cybersecurity and data leakage risks, (li) our ability to attract and retain talented employees and consultants, (lii) uncertainties involved in the preparation of our financial statements, (liii) impact of terrorist attacks and other acts of violence, (liv) expansion of social media platforms, (lv) our need to raise additional funds in the future, (lvi) the restrictions imposed by the terms of our credit agreement, (lvii) our ability to generate sufficient cash to service our indebtedness in the future and (lviii) such other factors as may be set forth in the Company’s public filings with the Securities and Exchange Commission.
Forward-looking statements included herein speak only as of the date hereof and we undertake no obligation to revise or update such statements to reflect events or circumstances after the date hereof or to reflect the occurrence of unanticipated events or circumstances.