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3 Safe Harbor Statement Certain statements contained in this
news release, including without limitation expectations as to future sales
and operating results, constitute forward-looking statements within the
meaning of the Private Securities Litigation Reform Act of 1995.
Forward-looking statements in this press release include statements regarding
the anticipated benefits of the transaction; statements regarding the
anticipated timing of filings and approvals relating to the transaction; statements
regarding the expected timing of the completion of the transaction; and any
statements of assumptions underlying any of the foregoing. Words such as
expects, anticipates, believes, plans, intends, estimates,
projects, forecasts, outlook, and similar expressions are also intended
to identify forward-looking statements. The statements involve known and
unknown risks, uncertainties, and other factors which may cause the companys
actual results, earnings, performance, or achievements to be materially
different from any future results, performance, or achievements expressed or
implied by such forward-looking statements. Such factors include, but are not
limited to, the following: general industry and market conditions, general
domestic and international economic conditions such as interest rate and
currency exchange fluctuations, technological advances and patents attained
by competitors, challenges inherent in new product development and clinical
trials, claims and concerns about product safety and efficacy, obtaining
regulatory approvals, domestic and foreign healthcare reforms, trends toward
managed care and healthcare cost containment, laws and regulations affecting
domestic and foreign operations, inability to build production capacity to
meet demand, unavailability of raw materials, and failure to gain market
acceptance or third-party consents. Risks and uncertainties that could cause
results to differ from expectations also include: uncertainties as to the
timing of the tender offer and merger; uncertainties as to how many MGI
PHARMA stockholders will tender their stock in the offer; the risk that
competing offers will be made; and the possibility that various closing
conditions for the transaction may not be satisfied or waived, including that
a governmental entity may prohibit, delay or refuse to grant approval for the
consummation of the transaction. We will not undertake and specifically
decline any obligation to update or correct any forward-looking statements to
reflect events or circumstances after the date of such statements or to
reflect the occurrence of anticipated or unanticipated events.
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