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Caraco, DUSA Pharma Announce Early Termination of Hart-Scott-Rodino Waiting Period for Tender Offer

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Caraco Pharmaceutical Laboratories, Ltd. ("CPL"), a wholly owned subsidiary of Sun Pharmaceutical Industries Limited ("Sun Pharma"), and DUSA Pharmaceuticals, Inc. (Nasdaq: DUSA) ("DUSA") today announced that they have received notice from the Federal Trade Commission granting early termination of the waiting period for U.S. antitrust review under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended ("HSR Act"), in connection with the previously announced acquisition of the outstanding shares of DUSA by Caraco Acquisition Corporation ("Purchaser"), a wholly owned subsidiary of CPL. Accordingly, the condition to the closing of the tender offer with respect to the expiration or termination of the applicable waiting period under the HSR Act has been satisfied. The transaction remains subject to other closing conditions as set forth in the offer to purchase filed by Purchaser and certain of its affiliates with the U.S. Securities and Exchange Commission ("SEC") on November 21, 2012.

The tender offer to acquire all of the outstanding shares of common stock of DUSA for $8.00 per share, net to the seller in cash without interest and less any required withholding taxes, was commenced on November 21, 2012. The tender offer is being made pursuant to the offer to purchase and related letter of transmittal, each dated November 21, 2012. The tender offer is scheduled to expire at midnight, New York time, on December 19, 2012 (at the end of the day), unless extended or earlier terminated in accordance with the offer to purchase and the applicable rules and regulations of the SEC.

 

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