Mylan N.V. (MYL) said Monday that it was asked by the Irish Takeover Panel to issue the following clarification and retraction in accordance with the Irish Takeover Rules, relating to its firm intention to make an offer to acquire the issued and to be issued shares of Perrigo (PRGO).
The clarification and retraction relates to certain forward-looking statements made by Mylan specifically during The Pendency Of The Offer Period concerning its long-stated target since 2012 of at least $6.00 in adjusted earnings per share by 2018, including recently in Mylan's first quarter earnings press release of May 5, 2015.
Subsequent to the May 5 earnings release, Perrigo submitted a complaint to the Irish Takeover Panel alleging that the reference to Mylan's long-term target should be treated as a forward-looking profit forecast statement for purposes of the Rules, and therefore must comply with the terms of the Rules.
Although Mylan's longstanding adjusted diluted EPS goal has been a well stated long-term target, and not a forecast of Mylan, at least during the offer period as it pertains to the Perrigo transaction, Mylan will no longer refer to that 2018 target or any other forward looking statements beyond 2015 that could constitute profit forecasts under the Rules.
Mylan said it intends to continue to comply with all requirements of the Rules and asks that investors be mindful of these rules and therefore patient and respectful of these requirements during the pendency of the offer period.
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