Today, the United States District
Court for the Central District of California held that Pershing Square Capital
Management, L.P., Valeant Pharmaceuticals International, Inc. VRX
and related parties may vote shares of Allergan, Inc. AGN
or proxies at the upcoming December 18 stockholder meeting. Allergan had
sought to disenfranchise its largest shareholder, PS Fund 1, along with other
shareholders solicited by PS Fund 1, by seeking an injunction to prevent them
from voting at Allergan's December 18 special meeting. Today's ruling by Judge
David O. Carter means that all Allergan shareholders, including PS Fund 1,
will be permitted to have their voices heard by voting at the special meeting.
"It is in situations like these that courts should be mindful that Congress
designed the Williams Act to be neutral and to leave decisions regarding a
company's future and a company's management in the hands of shareholders, so
long as shareholders have adequate information to make those decisions," Judge
Carter stated in his ruling. The Court ordered additional disclosures by
Pershing Square and Valeant and those disclosures will be promptly made.
"Today's ruling is a victory for all Allergan shareholders as it puts the
choice of Allergan's future in the hands of its owners," stated J. Michael
Pearson, chairman and chief executive officer. "We look forward to the
December 18 special meeting, where we hope to move a large step closer to the
compelling combination of Valeant and Allergan that will create an unrivaled
platform for growth and value creation."
We encourage all interested parties to review Judge Carter's ruling, which
will be available shortly on www.advancingallergan.com.
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