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Published on 4/17/2009 in the Prospect News Special Situations Daily.

Sun Pharmaceutical once again extends deadline of Taro tender offer

By Lisa Kerner

Charlotte, N.C., April 17 - Sun Pharmaceutical Industries Ltd. subsidiary Alkaloida Chemical Co. Exclusive Group Ltd. extended the expiration date of its $7.75-per-share tender offer for the outstanding ordinary shares of Taro Pharmaceutical Industries Ltd. to 5 p.m. ET on April 24 from April 17.

The offer had previously been extended to April 17 from April 3.

As of 5 p.m. ET on Thursday, holders had tendered 26,865 ordinary shares, according to Sun.

Sun said the extension keeps it in compliance with a continuing order issued by the Supreme Court of Israel temporarily prohibiting the closing of the offer until the Supreme Court issues a decision on the appeal by Taro.

As previously reported, the Tel-Aviv District Court ruled in favor of Sun that a special tender offer was not required.

If the temporary order remains in effect on April 24, Sun said it expects to once again extend the offer.

Taro agreed in May 2007 to be acquired by Sun for $7.75 per share and then terminated the merger agreement in May 2008. Sun offered to increase the price to $10.25 per share, which Taro rejected.

According to Sun, Taro was not entitled to terminate the merger.

Sun exercised some options to acquire shares of Taro from the company's controlling shareholders on June 25, 2008 and began the tender offer on June 30, 2008, extending the deadline several times.

The dealer manager for Sun's offer is Greenhill & Co., LLC. MacKenzie Partners, Inc. is the information agent.

Taro is a pharmaceutical company with offices in Israel and Hawthorne, N.Y.

Mumbai, India-based Sun makes specialty pharmaceuticals and active pharmaceutical ingredients.


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