Item 7.01. Other Events.
Akorn, Inc. (“Akorn” or
the “Company”) intends to use the materials furnished herewith as Exhibit 99.1 in one or more investor presentations
at the 28th Annual Credit Suisse Healthcare Conference. The investor presentation is incorporated herein by reference.
The Company has also made available a copy of the investor presentation under the “Events and Presentations” tab in
the “Investor Relations” section of the Company’s website, located at www.akorn.com.
The information in this report, including Exhibit 99.1, shall not
be deemed to be “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange
Act”) or otherwise subject to the liabilities of that section, nor shall it be deemed to be incorporated by reference in
any filing under the Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by specific
reference in such a filing.
Cautionary Note Regarding Forward-Looking Statements
This report contains forward-looking
statements, including statements regarding our stabilization, transformation, return to profitability, higher value opportunities,
R&D investment targets, completion of cGMP improvements, quality systems and compliance activities, cost reduction initiatives,
improved operational performance, financial guidance, margin improvement, future growth, financial results, business operations,
products, and prospects. When used in this document, the words “will,” “target,” “expect,”
“continue,” “believe,” “anticipate,” “estimate,” “intend,” “could,”
“would,” “strives” and similar expressions are generally intended to identify forward-looking statements.
These statements are made pursuant to the safe harbor provisions of Section 27A of the Securities Act of 1933, as amended, and
Section 21E of the Securities Exchange Act of 1934, as amended. A number of important factors could cause actual results of the
Company and its subsidiaries to differ materially from those indicated by such forward-looking statements. These factors include,
but are not limited to: (i) the effect of the Delaware Court of Chancery’s October 1, 2018 decision against the Company
and the Delaware Supreme Court’s December 7, 2018 order affirming the Chancery Court’s decision on the Company’s
ability to retain and hire key personnel, its ability to maintain relationships with its customers, suppliers and others with
whom it does business, or its operating results and business generally, (ii) the risk that ongoing or future litigation against
the defendants or related to the court’s decision may result in significant costs of defense, indemnification and/or liability,
(iii) the outcome of the investigation conducted by the Company, with the assistance of outside consultants, into alleged breaches
of FDA data integrity requirements relating to product development at the Company and any actions taken by the Company, third
parties or the FDA as a result of such investigations, (iv) the difficulty of predicting the timing or outcome of product development
efforts, including FDA and other regulatory agency approvals and actions, if any, (v) the timing and success of product launches,
(vi) difficulties or delays in manufacturing, (vii) the Company’s increased indebtedness and obligation to comply with certain
covenants and other obligations under its standstill agreement with its first lien term loan lenders (the “Standstill Agreement”),
(viii) the Company’s obligation under the Standstill Agreement to enter into a comprehensive amendment that is satisfactory
in form and substance to the first lien term loan lenders, (ix) the risk that the holders of a significant number of shares may
opt out of and elect not to participate in or be bound by the Securities Class Action Settlement Agreement, (x) the risk that
the Securities Class Action Settlement Agreement may not obtain the necessary approval by the court or may be terminated in accordance
with its terms, (xi) the risk that insurance proceeds, common shares or other consideration contemplated to be exchanged pursuant
to the proposed settlement is not available at the appropriate time and (xii) such other risks and uncertainties outlined in the
risk factors detailed in Part I, Item 1A, “Risk Factors,” of the Company’s Annual Report on Form 10-K for the
fiscal year ended December 31, 2018 (as filed with the Securities and Exchange Commission (“SEC”) on March
1, 2019) and in Part II, Item 1A, “Risk Factors,” of the Company’s Quarterly Reports on Form 10-Q for the fiscal
quarters ended March 31, 2019 (as filed with the SEC on May 9, 2019), June 30, 2019 (as filed with the SEC on August 2, 2019)
and September 30, 2019 (as filed with the SEC on October 31, 2019) and other risk factors identified from time to time in the
Company’s filings with the SEC. Readers should carefully review these risk factors, and should not place undue reliance
on the Company’s forward-looking statements. These forward-looking statements are based on information, plans and estimates
at the date of this report. The Company undertakes no obligation to update any forward-looking statements to reflect changes in
underlying assumptions or factors, new information, future events or other changes.
Item 9.01. Exhibits.
(d) Exhibits