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IN RE K-V DISCOVERY SOLUTIONS, INC.

Case No. 12-13346 (ALG) (Jointly Administered) Adv. Pro. No. 13-1381 (ALG).

496 B.R. 330 (2013)

IN RE K-V DISCOVERY SOLUTIONS, INC., et al., Debtors. Silver Point Finance, LLC, Whitebox Advisors, LLC, Pioneer Investment Management, Inc., and Wilmington Trust, National Association, solely as Trustee for the K-V Pharmaceutical Company 12% Senior Secured Notes due 2015, Plaintiffs, v. Deutsche Bank Trust CompanyAmericas, solely as Trustee for the K-V Pharmaceutical Company 2.5% Contingent Convertible Subordinated Notes due 2033, Defendant, and The Official Committee of Unsecured Creditors of K-V Discovery Solutions, Inc., et al., Intervenor Defendant.

United States Bankruptcy Court, S.D. New York.

As Corrected August 28, 2013.

Attorney(s) appearing for the Case

Matthew Allen Feldman, Paul V. Shalhoub, Robin Spigel, Willkie Farr & Gallagher LLP, 787 Seventh Avenue, New York, NY 10019-6099, Jo Christine Reed, Dentons US LLP, 1221 Avenue of the Americas, New York, NY 10020, for debtor.

Chapter 11

CORRECTED MEMORANDUM DECISION AND ORDER

Allan L. Gropper, UNITED STATES BANKRUPTCY JUDGE

FACTS

The Principal Indenture Provisions at Issue

On May 16, 2003, K-V Pharmaceutical Company ("KV") issued $200 million of 2.5% Contingent Convertible Subordinated Notes due 2033 (the "Convertible Notes") pursuant to an indenture, dated as of May 16, 2003 (the "Convertible Notes...

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