Item 1.01 Entry into a Material Definitive Agreement.
On
The Purchaser's obligation to consummate the purchase is subject to the
fulfilment of certain conditions precedent by the Sellers and Akorn India,
including the Company obtaining an approval order from the
The foregoing description of the material terms of the SPA is qualified in its entirety by reference to the full text of the SPA, a copy of which is included as Exhibit 10.1 to this Current Report on Form 8-K and is incorporated herein by reference. The SPA was filed to provide investors and security holders with information regarding the terms, provisions, conditions, and covenants of that agreement and is not intended to provide any other factual information respecting the Company or its subsidiaries. In particular, the SPA contains representations and warranties made to and solely for the benefit of the parties thereto, allocating among themselves various risks of the transactions. The assertions embodied in those representations and warranties are qualified or modified by information in disclosure schedules that the parties exchanged upon execution of the SPA. Moreover, information concerning the subject matter of the representations and warranties may have changed after the date of the SPA, which subsequent information may or may not be fully reflected in our public disclosures. Security holders are not third-party beneficiaries under the SPA and should not rely on the representations, warranties and covenants or any descriptions thereof as characterizations of the actual state of facts or condition of the Company or its subsidiaries.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits. Exhibit No. Description 10.1 Share Purchase Agreement, datedJune 17, 2020 , by and amongAkorn, Inc. , WorldAkorn Pharma Mauritius,Akorn India Private Limited and Biological E. Limited. 104 Cover Page Interactive Data File (embedded within the Inline XBRL document)
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