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ABII » Topics » Note Regarding Forward-Looking Statements

This excerpt taken from the ABII 10-K filed Mar 12, 2010.

Note Regarding Forward-Looking Statements

This Annual Report on Form 10-K and other materials filed or to be filed by us with the Securities and Exchange Commission, or the SEC, as well as information included in oral statements or other written statements made or to be made by us, contain forward-looking statements within the meaning of federal securities laws. We intend these forward-looking statements to be covered by the safe harbor provisions for forward-looking statements in the federal securities laws. These forward-looking statements are not historical facts but rather are based on current expectations, estimates and projections about our industry, our beliefs and assumptions. These risks and uncertainties include those described in “Risk Factors” and elsewhere in this Annual Report on Form 10-K. Forward-looking statements, whether express or implied, are not guarantees of future performance and are subject to risks and uncertainties, which can cause actual results to differ materially from those currently anticipated, due to a number of factors, which include, but are not limited to:

 

  •  

the amount and timing of costs associated with the continuing launch of Abraxane® in Europe and abroad

 

  •  

our ability to maintain and/or improve sales and earnings performance;

 

  •  

the actual results achieved in further clinical trials of Abraxane® may or may not be consistent with the results achieved to date;

 

  •  

the market adoption of any new pharmaceutical products;

 

  •  

the difficulty in predicting the timing or outcome of product development efforts and regulatory approvals;

 

  •  

our ability and that of our suppliers to comply with laws, regulations and standards, and the application and interpretation of those laws, regulations and standards, that govern or affect the pharmaceutical industry, the non-compliance with which may delay or prevent the sale of their products;

 

  •  

the availability and price of acceptable raw materials and components from third-party suppliers;

 

  •  

any adverse outcome in litigation;

 

  •  

general economic, political and business conditions that adversely affect our company or our suppliers, distributors or customers;

 

  •  

changes in costs, including changes in labor costs, raw material prices or advertising and marketing expenses;

 

  •  

inventory reductions or fluctuations in buying patterns by wholesalers or distributors;

 

  •  

the impact on our products and revenues of patents and other proprietary rights licensed or owned by us, our competitors and other third parties;

 

  •  

the ability to successfully manufacture our products in an efficient, time-sensitive and cost effective manner, including the impact of product recalls and other manufacturing issues;

 

3

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  •  

the impact of recent legislative changes to the governmental reimbursement system; and

 

  •  

risks inherent in acquisitions, divestitures and spin-offs, including the capital resources required for acquisitions, business risks, legal risks and risks associated with the tax and accounting treatment of such transactions.

You should read this Annual Report on Form 10-K with the understanding that actual future results may be materially different from expectations. Readers should carefully review the factors described in “Item 1A: Risk Factors” below and other documents we file from time to time with the SEC for a more detailed description of these risks and other factors that may affect the forward-looking statements. All forward-looking statements made in this Annual Report on Form 10-K are qualified by these cautionary statements. These forward-looking statements are made only as of the date of this Annual Report on Form 10-K, and we do not undertake any obligation (and we expressly disclaim any such obligation), other than as may be required by law, to update or revise any forward-looking statements to reflect changes in assumptions, the occurrence of unanticipated events or changes in future operating results over time or otherwise. We use words such as “should,” “anticipate,” “expect,” “intend,” “plan,” “believe,” “seek,” “estimate” and variations of these words and similar expressions to identify forward-looking statements, but these are not the exclusive means of identifying forward-looking statements.

This excerpt taken from the ABII 10-Q filed May 8, 2009.

Note Regarding Forward-Looking Statements

This Quarterly Report on Form 10-Q and other materials filed or to be filed by us with the Securities and Exchange Commission, or the SEC, as well as information included in oral statements or other written statements made or to be made by us, contain forward-looking statements within the meaning of federal securities laws. We intend these forward-looking statements to be covered by the safe harbor provisions for forward-looking statements in the federal securities laws. These forward-looking statements are not historical facts but rather are based on current expectations, estimates and projections about our industry, our beliefs and assumptions. These risks and uncertainties include those described in “Part II, Other Information, Item 1A. Risk Factors” and elsewhere in this Quarterly Report on Form 10-Q. Forward-looking statements, whether express or implied, are not guarantees of future performance and are subject to risks and uncertainties, which can cause actual results to differ materially from those currently anticipated, due to a number of factors, which include, but are not limited to:

 

 

•

  

the amount and timing of costs associated with the continuing global launch of Abraxane®;

 

  •  

our ability to maintain and/or improve sales and earnings performance;

 

 

•

  

the actual results achieved in further clinical trials of Abraxane® may or may not be consistent with the results achieved to date;

 

  •  

the market adoption of any new pharmaceutical products;

 

  •  

the difficulty in predicting the timing or outcome of product development efforts and regulatory approvals;

 

  •  

our ability and that of our suppliers to comply with laws, regulations and standards, and the application and interpretation of those laws, regulations and standards, that govern or affect the pharmaceutical industry, the non-compliance with which may delay or prevent the sale of their products;

 

  •  

the availability and price of acceptable raw materials and components from third-party suppliers;

 

  •  

any adverse outcome in litigation;

 

  •  

general economic, political and business conditions that adversely affect our company or our suppliers, distributors or customers;

 

  •  

changes in costs, including changes in labor costs, raw material prices or advertising and marketing expenses;

 

  •  

inventory reductions or fluctuations in buying patterns by wholesalers or distributors;

 

  •  

the impact on our products and revenues of patents and other proprietary rights licensed or owned by us, our competitors and other third parties;

 

  •  

the ability to successfully manufacture our products in an efficient, time-sensitive and cost effective manner;

 

  •  

the impact of recent legislative changes to the governmental reimbursement system; and

 

  •  

risks inherent in acquisitions, divestitures and spin-offs, including the capital resources required for acquisitions, business risks, legal risks and risks associated with the tax and accounting treatment of such transactions.

Forward-looking statements also include the assumptions underlying or relating to any of the foregoing or other such statements. When used in this report, the words “may,” “will,” “should,” “could,” “expect,” “plan,” “anticipate,” “believe,” “estimate,” “predict” and similar expressions are generally intended to identify forward-looking statements.

Readers are cautioned not to place undue reliance on these forward-looking statements, which reflect management’s opinions only as of the date hereof. We undertake no obligation to revise or publicly release the results of any revision to these forward-looking statements, whether as a result of new information, changes in assumptions, future events or otherwise. Readers should carefully review the factors described in “Item 1A: Risk Factors” of Part II of this Quarterly Report on Form 10-Q and other documents we file from time to time with the Securities and Exchange Commission. Readers should understand that it is not possible to predict or identify all such factors. Consequently, readers should not consider any such list to be a complete set of all potential risks or uncertainties.

 

13

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This excerpt taken from the ABII 10-K filed Mar 6, 2009.

Note Regarding Forward-Looking Statements

This Annual Report on Form 10-K and other materials filed or to be filed by us with the Securities and Exchange Commission, or the SEC, as well as information included in oral statements or other written statements made or to be made by us, contain forward-looking statements within the meaning of federal securities laws. We intend these forward-looking statements to be covered by the safe harbor provisions for forward-looking statements in the federal securities laws. These forward-looking statements are not historical facts but rather are based on current expectations, estimates and projections about our industry, our beliefs and assumptions. These risks and uncertainties include those described in “Risk Factors” and elsewhere in this Annual Report on Form 10-K. Forward-looking statements, whether express or implied, are not guarantees of future performance and are subject to risks and uncertainties, which can cause actual results to differ materially from those currently anticipated, due to a number of factors, which include, but are not limited to:

 

 

•

  

the amount and timing of costs associated with the continuing launch of Abraxane®;

 

  •  

our ability to maintain and/or improve sales and earnings performance;

 

 

•

  

the actual results achieved in further clinical trials of Abraxane® may or may not be consistent with the results achieved to date;

 

  •  

the market adoption of any new pharmaceutical products;

 

  •  

the difficulty in predicting the timing or outcome of product development efforts and regulatory approvals;

 

  •  

our ability and that of our suppliers to comply with laws, regulations and standards, and the application and interpretation of those laws, regulations and standards, that govern or affect the pharmaceutical industry, the non-compliance with which may delay or prevent the sale of their products;

 

  •  

the availability and price of acceptable raw materials and components from third-party suppliers;

 

  •  

any adverse outcome in litigation;

 

  •  

general economic, political and business conditions that adversely affect our company or our suppliers, distributors or customers;

 

  •  

changes in costs, including changes in labor costs, raw material prices or advertising and marketing expenses;

 

  •  

inventory reductions or fluctuations in buying patterns by wholesalers or distributors;

 

  •  

the impact on our products and revenues of patents and other proprietary rights licensed or owned by us, our competitors and other third parties;

 

  •  

the ability to successfully manufacture our products in an efficient, time-sensitive and cost effective manner; and

 

  •  

the impact of recent legislative changes to the governmental reimbursement system.

 

3

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You should read this Annual Report on Form 10-K with the understanding that actual future results may be materially different from expectations. Readers should carefully review the factors described in “Item 1A: Risk Factors” below and other documents we file from time to time with the SEC for a more detailed description of these risks and other factors that may affect the forward-looking statements. All forward-looking statements made in this Annual Report on Form 10-K are qualified by these cautionary statements. These forward-looking statements are made only as of the date of this Annual Report on Form 10-K, and we do not undertake any obligation (and we expressly disclaim any such obligation), other than as may be required by law, to update or revise any forward-looking statements to reflect changes in assumptions, the occurrence of unanticipated events or changes in future operating results over time or otherwise. We use words such as “should,” “anticipate,” “expect,” “intend,” “plan,” “believe,” “seek,” “estimate” and variations of these words and similar expressions to identify forward-looking statements, but these are not the exclusive means of identifying forward-looking statements.

This excerpt taken from the ABII 10-Q filed Nov 14, 2008.

Note Regarding Forward-Looking Statements

This Quarterly Report on Form 10-Q and other materials filed or to be filed by us with the Securities and Exchange Commission, or the SEC, as well as information included in oral statements or other written statements made or to be made by us, contain forward-looking statements within the meaning of federal securities laws. We intend these forward-looking statements to be covered by the safe harbor provisions for forward-looking statements in the federal securities laws. These forward-looking statements are not historical facts but rather are based on current expectations, estimates and projections about our industry, our beliefs and assumptions. These risks and uncertainties include those described in “Item 1A. Risk Factors” and elsewhere in this Quarterly Report on Form 10-Q. Forward-looking statements, whether express or implied, are not guarantees of future performance and are subject to risks and uncertainties, which can cause actual results to differ materially from those currently anticipated, due to a number of factors, which include, but are not limited to:

 

 

•

  

the amount and timing of costs associated with the continuing global launch of Abraxane®;

 

  •  

our ability to maintain and/or improve sales and earnings performance;

 

 

•

  

the actual results achieved in further clinical trials of Abraxane® may or may not be consistent with the results achieved to date;

 

  •  

the market adoption of any new pharmaceutical products;

 

  •  

the difficulty in predicting the timing or outcome of product development efforts and regulatory approvals;

 

  •  

our ability and that of our suppliers to comply with laws, regulations and standards, and the application and interpretation of those laws, regulations and standards, that govern or affect the pharmaceutical industry, the non-compliance with which may delay or prevent the sale of their products;

 

  •  

the availability and price of acceptable raw materials and components from third-party suppliers;

 

  •  

any adverse outcome in litigation;

 

  •  

general economic, political and business conditions that adversely affect our company or our suppliers, distributors or customers;

 

  •  

changes in costs, including changes in labor costs, raw material prices or advertising and marketing expenses;

 

  •  

inventory reductions or fluctuations in buying patterns by wholesalers or distributors;

 

  •  

the impact on our products and revenues of patents and other proprietary rights licensed or owned by us, our competitors and other third parties;

 

  •  

the ability to successfully manufacture our products in an efficient, time-sensitive and cost effective manner;

 

  •  

the impact of recent legislative changes to the governmental reimbursement system;

 

  •  

risks inherent in acquisitions, divestitures and spin-offs, including the capital resources required for acquisitions, business risks, legal risks and risks associated with the tax and accounting treatment of such transactions;

 

  •  

the risk that the benefits from the separation may not be fully realized or may take longer to realize than expected; and

 

  •  

the risks of operating as a stand-alone company and loss of certain benefits associated with common ownership.

Forward-looking statements also include the assumptions underlying or relating to any of the foregoing or other such statements. When used in this report, the words “may,” “will,” “should,” “could,” “expect,” “plan,” “anticipate,” “believe,” “estimate,” “predict” and similar expressions are generally intended to identify forward-looking statements.

Readers are cautioned not to place undue reliance on these forward-looking statements, which reflect management’s opinions only as of the date hereof. We undertake no obligation to revise or publicly release the results of any revision to these forward-looking statements, whether as a result of new information, changes in assumptions, future events or otherwise. Readers should carefully review the factors described in “Item 1A: Risk Factors” of Part II of this Quarterly Report on Form 10-Q and other documents we file from time to time with the Securities and Exchange Commission. Readers should understand that it is not possible to predict or identify all such factors. Consequently, readers should not consider any such list to be a complete set of all potential risks or uncertainties.

 

13

Table of Contents
This excerpt taken from the ABII 10-Q filed Aug 14, 2008.

Note Regarding Forward-Looking Statements

This Quarterly Report on Form 10-Q and other materials filed or to be filed by us with the Securities and Exchange Commission, or the SEC, as well as information included in oral statements or other written statements made or to be made by us, contain forward-looking statements within the meaning of federal securities laws. We intend these forward-looking statements to be covered by the safe harbor provisions for forward-looking statements in the federal securities laws. These forward-looking statements are not historical facts but rather are based on current expectations, estimates and projections about our industry, our beliefs and assumptions. These risks and uncertainties include those described in “Item 1A. Risk Factors” and elsewhere in this Quarterly Report on Form 10-Q. Forward-looking statements, whether express or implied, are not guarantees of future performance and are subject to risks and uncertainties, which can cause actual results to differ materially from those currently anticipated, due to a number of factors, which include, but are not limited to:

 

 

•

  

the amount and timing of costs associated with the continuing global launch of Abraxane®;

 

  •  

our ability to maintain and/or improve sales and earnings performance;

 

 

•

  

the actual results achieved in further clinical trials of Abraxane® may or may not be consistent with the results achieved to date;

 

  •  

the market adoption of any new pharmaceutical products;

 

  •  

the difficulty in predicting the timing or outcome of product development efforts and regulatory approvals;

 

  •  

our ability and that of our suppliers to comply with laws, regulations and standards, and the application and interpretation of those laws, regulations and standards, that govern or affect the pharmaceutical industry, the non-compliance with which may delay or prevent the sale of their products;

 

  •  

the availability and price of acceptable raw materials and components from third-party suppliers;

 

  •  

any adverse outcome in litigation;

 

  •  

general economic, political and business conditions that adversely affect our company or our suppliers, distributors or customers;

 

  •  

changes in costs, including changes in labor costs, raw material prices or advertising and marketing expenses;

 

  •  

inventory reductions or fluctuations in buying patterns by wholesalers or distributors;

 

  •  

the impact on our products and revenues of patents and other proprietary rights licensed or owned by us, our competitors and other third parties;

 

  •  

the ability to successfully manufacture our products in an efficient, time-sensitive and cost effective manner;

 

  •  

the impact of recent legislative changes to the governmental reimbursement system;

 

  •  

risks inherent in acquisitions, divestitures and spin-offs, including the capital resources required for acquisitions, business risks, legal risks and risks associated with the tax and accounting treatment of such transactions;

 

  •  

the risk that the benefits from the separation may not be fully realized or may take longer to realize than expected; and

 

  •  

the risks of operating as a stand-alone company and loss of certain benefits associated with common ownership.

Forward-looking statements also include the assumptions underlying or relating to any of the foregoing or other such statements. When used in this report, the words “may,” “will,” “should,” “could,” “expect,” “plan,” “anticipate,” “believe,” “estimate,” “predict” and similar expressions are generally intended to identify forward-looking statements.

Readers are cautioned not to place undue reliance on these forward-looking statements, which reflect management’s opinions only as of the date hereof. We undertake no obligation to revise or publicly release the results of any revision to these forward-looking statements, whether as a result of new information, changes in assumptions, future events or otherwise. Readers should carefully review the factors described in “Item 1A: Risk Factors” of Part II of this Quarterly Report on Form 10-Q and other documents we file from time to time with the Securities and Exchange Commission. Readers should understand that it is not possible to predict or identify all such factors. Consequently, readers should not consider any such list to be a complete set of all potential risks or uncertainties.

This excerpt taken from the ABII 10-Q filed May 15, 2008.

Note Regarding Forward-Looking Statements

This Quarterly Report on Form 10-Q and other materials filed or to be filed by us with the Securities and Exchange Commission, or the SEC, as well as information included in oral statements or other written statements made or to be made by us, contain forward-looking statements within the meaning of federal securities laws. We intend these forward-looking statements to be covered by the safe harbor provisions for forward-looking statements in the federal securities laws. These forward-looking statements are not historical facts but rather are based on current expectations, estimates and projections about our industry, our beliefs and assumptions. These risks and uncertainties include those described in “Item 1A. Risk Factors” and elsewhere in this Quarterly Report on Form 10-Q. Forward-looking statements, whether express or implied, are not guarantees of future performance and are subject to risks and uncertainties, which can cause actual results to differ materially from those currently anticipated, due to a number of factors, which include, but are not limited to:

 

 

•

  

the amount and timing of costs associated with the continuing launch of Abraxane® ;

 

  •  

our ability to maintain and/or improve sales and earnings performance;

 

 

•

  

the actual results achieved in further clinical trials of Abraxane® may or may not be consistent with the results achieved to date;

 

  •  

the market adoption of any new pharmaceutical products;

 

  •  

the difficulty in predicting the timing or outcome of product development efforts and regulatory approvals;

 

  •  

our ability and that of our suppliers to comply with laws, regulations and standards, and the application and interpretation of those laws, regulations and standards, that govern or affect the pharmaceutical industry, the non-compliance with which may delay or prevent the sale of their products;

 

  •  

the availability and price of acceptable raw materials and components from third-party suppliers;

 

  •  

any adverse outcome in litigation;

 

  •  

general economic, political and business conditions that adversely affect our company or our suppliers, distributors or customers;

 

  •  

changes in costs, including changes in labor costs, raw material prices or advertising and marketing expenses;

 

  •  

inventory reductions or fluctuations in buying patterns by wholesalers or distributors;

 

  •  

the impact on our products and revenues of patents and other proprietary rights licensed or owned by us, our competitors and other third parties;

 

  •  

the ability to successfully manufacture our products in an efficient, time-sensitive and cost effective manner;

 

  •  

the impact of recent legislative changes to the governmental reimbursement system;

 

  •  

risks inherent in acquisitions, divestitures and spin-offs, including the capital resources required for acquisitions, business risks, legal risks and risks associated with the tax and accounting treatment of such transactions;

 

  •  

the risk that the benefits from the separation may not be fully realized or may take longer to realize than expected; and

 

  •  

the risks of operating as a stand-alone company and loss of certain benefits associated with common ownership.

Forward-looking statements also include the assumptions underlying or relating to any of the foregoing or other such statements. When used in this report, the words “may,” “will,” “should,” “could,” “expect,” “plan,” “anticipate,” “believe,” “estimate,” “predict” and similar expressions are generally intended to identify forward-looking statements.

 

13

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Readers are cautioned not to place undue reliance on these forward-looking statements, which reflect management’s opinions only as of the date hereof. We undertake no obligation to revise or publicly release the results of any revision to these forward-looking statements, whether as a result of new information, changes in assumptions, future events or otherwise. Readers should carefully review the factors described in “Item 1A: Risk Factors” of Part II of this Form 10-Q and other documents we file from time to time with the Securities and Exchange Commission. Readers should understand that it is not possible to predict or identify all such factors. Consequently, readers should not consider any such list to be a complete set of all potential risks or uncertainties.

These excerpts taken from the ABII 10-K filed Mar 31, 2008.

Note Regarding Forward-Looking Statements

This Annual Report on Form 10-K and other materials filed or to be filed by us with the Securities and Exchange Commission, or the SEC, as well as information included in oral statements or other written statements made or to be made by us, contain forward-looking statements within the meaning of federal securities laws. We intend these forward-looking statements to be covered by the safe harbor provisions for forward-looking statements in the federal securities laws. These forward-looking statements are not historical facts but rather are based on current expectations, estimates and projections about our industry, our beliefs and assumptions. These risks and uncertainties include those described in “Risk Factors” and elsewhere in this Annual Report on Form 10-K. Forward-looking statements, whether express or implied, are not guarantees of future performance and are subject to risks and uncertainties, which can cause actual results to differ materially from those currently anticipated, due to a number of factors, which include, but are not limited to:

 

 

•

  

the amount and timing of costs associated with the continuing launch of Abraxane®;

 

  •  

our ability to maintain and/or improve sales and earnings performance;

 

 

•

  

the actual results achieved in further clinical trials of Abraxane® may or may not be consistent with the results achieved to date;

 

  •  

the market adoption of any new pharmaceutical products;

 

  •  

the difficulty in predicting the timing or outcome of product development efforts and regulatory approvals;

 

  •  

our ability and that of our suppliers to comply with laws, regulations and standards, and the application and interpretation of those laws, regulations and standards, that govern or affect the pharmaceutical industry, the non-compliance with which may delay or prevent the sale of their products;

 

  •  

the availability and price of acceptable raw materials and components from third-party suppliers;

 

  •  

any adverse outcome in litigation;

 

  •  

general economic, political and business conditions that adversely affect our company or our suppliers, distributors or customers;

 

  •  

changes in costs, including changes in labor costs, raw material prices or advertising and marketing expenses;

 

  •  

inventory reductions or fluctuations in buying patterns by wholesalers or distributors;

 

  •  

the impact on our products and revenues of patents and other proprietary rights licensed or owned by us, our competitors and other third parties;

 

  •  

the ability to successfully manufacture our products in an efficient, time-sensitive and cost effective manner;

 

3

Table of Contents
  •  

the impact of recent legislative changes to the governmental reimbursement system;

 

  •  

risks inherent in acquisitions, divestitures and spin-offs, including the capital resources required for acquisitions, business risks, legal risks and risks associated with the tax and accounting treatment of such transactions;

 

  •  

the risk that the benefits from the separation may not be fully realized or may take longer to realize than expected; and

 

  •  

the risks of operating as a stand-alone company and loss of certain benefits associated with common ownership.

You should read this Annual Report on Form 10-K with the understanding that actual future results may be materially different from expectations. Readers should carefully review the factors described in “Item 1A: Risk Factors” below and other documents we file from time to time with the SEC for a more detailed description of these risks and other factors that may affect the forward-looking statements. All forward-looking statements made in this information statement are qualified by these cautionary statements. These forward-looking statements are made only as of the date of this Annual Report on Form 10-K, and we do not undertake any obligation (and we expressly disclaim any such obligation), other than as may be required by law, to update or revise any forward-looking statements to reflect changes in assumptions, the occurrence of unanticipated events or changes in future operating results over time or otherwise. We use words such as “should,” “anticipate,” “expect,” “intend,” “plan,” “believe,” “seek,” “estimate” and variations of these words and similar expressions to identify forward-looking statements, but these are not the exclusive means of identifying forward-looking statements.

Note
Regarding Forward-Looking Statements

This Annual Report on Form 10-K and other materials filed or to be filed by us with the Securities
and Exchange Commission, or the SEC, as well as information included in oral statements or other written statements made or to be made by us, contain forward-looking statements within the meaning of federal securities laws. We intend these
forward-looking statements to be covered by the safe harbor provisions for forward-looking statements in the federal securities laws. These forward-looking statements are not historical facts but rather are based on current expectations, estimates
and projections about our industry, our beliefs and assumptions. These risks and uncertainties include those described in “Risk Factors” and elsewhere in this Annual Report on Form 10-K. Forward-looking statements, whether express or
implied, are not guarantees of future performance and are subject to risks and uncertainties, which can cause actual results to differ materially from those currently anticipated, due to a number of factors, which include, but are not limited to:

 







 

•

 

the amount and timing of costs associated with the continuing launch of AbraxaneSIZE="1">®;

 







 • 

our ability to maintain and/or improve sales and earnings performance;

STYLE="font-size:6px;margin-top:0px;margin-bottom:0px"> 







 

•

 

the actual results achieved in further clinical trials of Abraxane®
 may or may not be consistent with the results achieved to date;

 







 • 

the market adoption of any new pharmaceutical products;

 







 • 

the difficulty in predicting the timing or outcome of product development efforts and regulatory approvals;

STYLE="font-size:6px;margin-top:0px;margin-bottom:0px"> 







 • 

our ability and that of our suppliers to comply with laws, regulations and standards, and the application and interpretation of those laws, regulations and
standards, that govern or affect the pharmaceutical industry, the non-compliance with which may delay or prevent the sale of their products;

 







 • 

the availability and price of acceptable raw materials and components from third-party suppliers;

STYLE="font-size:6px;margin-top:0px;margin-bottom:0px"> 







 • 

any adverse outcome in litigation;

 







 • 

general economic, political and business conditions that adversely affect our company or our suppliers, distributors or customers;

STYLE="font-size:6px;margin-top:0px;margin-bottom:0px"> 







 • 

changes in costs, including changes in labor costs, raw material prices or advertising and marketing expenses;

STYLE="font-size:6px;margin-top:0px;margin-bottom:0px"> 







 • 

inventory reductions or fluctuations in buying patterns by wholesalers or distributors;

STYLE="font-size:6px;margin-top:0px;margin-bottom:0px"> 







 • 

the impact on our products and revenues of patents and other proprietary rights licensed or owned by us, our competitors and other third parties;

 







 • 

the ability to successfully manufacture our products in an efficient, time-sensitive and cost effective manner;

STYLE="margin-top:0px;margin-bottom:0px"> 


3






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 • 

the impact of recent legislative changes to the governmental reimbursement system;

STYLE="font-size:6px;margin-top:0px;margin-bottom:0px"> 







 • 

risks inherent in acquisitions, divestitures and spin-offs, including the capital resources required for acquisitions, business risks, legal risks and risks
associated with the tax and accounting treatment of such transactions;

 







 • 

the risk that the benefits from the separation may not be fully realized or may take longer to realize than expected; and

STYLE="font-size:6px;margin-top:0px;margin-bottom:0px"> 







 • 

the risks of operating as a stand-alone company and loss of certain benefits associated with common ownership.

STYLE="margin-top:12px;margin-bottom:0px; text-indent:4%">You should read this Annual Report on Form 10-K with the understanding that actual future results may be materially different from expectations. Readers
should carefully review the factors described in “Item 1A: Risk Factors” below and other documents we file from time to time with the SEC for a more detailed description of these risks and other factors that may affect the
forward-looking statements. All forward-looking statements made in this information statement are qualified by these cautionary statements. These forward-looking statements are made only as of the date of this Annual Report on Form 10-K, and we do
not undertake any obligation (and we expressly disclaim any such obligation), other than as may be required by law, to update or revise any forward-looking statements to reflect changes in assumptions, the occurrence of unanticipated events or
changes in future operating results over time or otherwise. We use words such as “should,” “anticipate,” “expect,” “intend,” “plan,” “believe,” “seek,” “estimate” and
variations of these words and similar expressions to identify forward-looking statements, but these are not the exclusive means of identifying forward-looking statements.

FACE="Times New Roman" SIZE="2">Separation

On November 13, 2007, Old Abraxis was separated into two independent publicly-traded
companies: one holding the former Abraxis Pharmaceutical Products business, or the hospital-based business; and our company, which holds the former Abraxis Oncology and Abraxis Research businesses, or the proprietary business. In connection with the
separation, we changed our name from New Abraxis, Inc. to Abraxis BioScience, Inc. (and the hospital-based business is operated under the name APP Pharmaceuticals, Inc.).

STYLE="margin-top:12px;margin-bottom:0px; text-indent:4%;padding-bottom:3px;line-Height:95%; vertical-align:top">In connection with the separation, stockholders of Old Abraxis as of November 13, 2007
received one share of our company for every four shares of Old Abraxis held as of that date. In addition, in connection with the separation, we entered into a separation and distribution agreement that provides for, among other things, the principal
corporate transactions required to effect the separation and other specified terms governing our relationship with New APP after the spin-off. We also entered into various agreements with New APP, including (i) a transition services agreement
pursuant to which we and New APP agreed to continue to provide each other with various services on an interim, transitional basis, for periods up to 24 months depending on the particular service; (ii) a manufacturing agreement whereby we and
New APP agreed to manufacture Abraxane® and certain other products and to provide other manufacturing-related services for a period of four or five years; (iii) an employees matters
agreement providing for each company’s respective obligations to employees and former employees who are or were associated with their respective businesses, and for other employment and employee benefit matters; (iv) various real estate
leases; and (v) a tax allocation agreement.

Also, in connection with the
separation, New APP contributed $700 million in cash to us. We intend to use this contribution primarily to establish our presence globally in connection with the worldwide commercialization of AbraxaneSIZE="1">®, to support clinical trial activity to expand indications for Abraxane®, to invest in research and development to commercialize our clinical and discovery
pipelines and for potential strategic opportunities as well as for general corporate purposes, including working capital and capital expenditures.

 


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Table of Contents


EXCERPTS ON THIS PAGE:

10-K
Mar 12, 2010
10-Q
May 8, 2009
10-K
Mar 6, 2009
10-Q
Nov 14, 2008
10-Q
Aug 14, 2008
10-Q
May 15, 2008
10-K (2 sections)
Mar 31, 2008

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