DGAP-Adhoc: Fresenius SE & Co. KGaA: Delaware Supreme Court upholds Fresenius' termination of merger agreement with Akorn

Delaware Supreme Court upholds Fresenius' termination of merger agreement with Akorn

In the lawsuit by Akorn, Inc. against Fresenius for the consummation of the April 2017 merger agreement the Supreme Court in the U.S. state of Delaware today ruled in favor of Fresenius. As this is the highest Court in Delaware, no further appeal is possible.

Fresenius terminated the merger agreement due to Akorn's failure to fulfill several closing conditions. An independent investigation initiated by Fresenius had revealed, among other things, material breaches of FDA data integrity requirements relating to Akorn's operations. Akorn responded by suing in the Court of Chancery in Delaware for the consummation of the agreement but Akorn's law suit had been dismissed by the Court of Chancery of Delaware in the first instance as well as now in the second and last instance before the Delaware Supreme Court.

Fresenius SE & Co. KGaA,
represented by Fresenius Management SE,
The Management Board

Bad Homburg v.d.H., December 7, 2018
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Contact:
Markus Georgi
Senior Vice President Investor Relations
T: +49 (0) 6172 608-2485
markus.georgi@fresenius.com
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