Caraco
Pharmaceutical Laboratories, Ltd. ("CPL"), a wholly owned subsidiary of Sun
Pharmaceutical Industries Limited ("Sun Pharma"), and DUSA Pharmaceuticals,
Inc. DUSA ("DUSA") today announced that they have received notice
from the Federal Trade Commission granting early termination of the waiting
period for U.S. antitrust review under the Hart-Scott-Rodino Antitrust
Improvements Act of 1976, as amended ("HSR Act"), in connection with the
previously announced acquisition of the outstanding shares of DUSA by Caraco
Acquisition Corporation ("Purchaser"), a wholly owned subsidiary of CPL.
Accordingly, the condition to the closing of the tender offer with respect to
the expiration or termination of the applicable waiting period under the HSR
Act has been satisfied. The transaction remains subject to other closing
conditions as set forth in the offer to purchase filed by Purchaser and
certain of its affiliates with the U.S. Securities and Exchange Commission
("SEC") on November 21, 2012.
The tender offer to acquire all of the outstanding shares of common stock of
DUSA for $8.00 per share, net to the seller in cash without interest and less
any required withholding taxes, was commenced on November 21, 2012. The tender
offer is being made pursuant to the offer to purchase and related letter of
transmittal, each dated November 21, 2012. The tender offer is scheduled to
expire at midnight, New York time, on December 19, 2012 (at the end of the
day), unless extended or earlier terminated in accordance with the offer to
purchase and the applicable rules and regulations of the SEC.
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