Abraxis BioScience (ABII)

Information Reporting and Backup Withholding

Current Treasury regulations require New APP stockholders who own at least 5% of the total outstanding stock of New APP and who receive New Abraxis common stock pursuant to the distribution to attach to his, her or its federal income tax return for the year in which the distribution occurs, a detailed statement setting forth the data that may be appropriate in order to show the applicability of Section 355 of the Internal Revenue Code to the distribution. New APP will provide the appropriate information to each such stockholder upon request.

Non-corporate Abraxis BioScience stockholders may be subject to backup withholding with respect to any cash received in lieu of a fractional share of New Abraxis common stock. A non-corporate Abraxis BioScience stockholder will not be subject to backup withholding, however, if the stockholder:

Any amounts withheld under the backup withholding rules will be allowed as a refund or credit against the stockholder’s U.S. federal income tax liability, provided the stockholder furnishes the required information to the Internal Revenue Service.

The foregoing sets forth the material U.S. federal income tax consequences of the holding company merger, the distribution and related transactions under current law. This discussion does not address tax consequences that may vary with, or are contingent on, individual circumstances. Moreover, it does not address any non-income tax or any foreign, state or local tax consequences of the holding company merger, the distribution and related transactions. Each Abraxis BioScience stockholder is encouraged to consult his, her or its tax advisor as to the particular consequences of the holding company merger, the distribution and related transactions to the stockholder, including the application of state, local and foreign tax laws, and as to possible prospective or retroactive changes in tax law that may affect the tax consequences described above.

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