LabCorp's Acquisition of Monogram Biosciences, Inc. Clears Antitrust Review
17 Juli 2009 - 2:19PM
Business Wire
Laboratory Corporation of America� Holdings (NYSE: LH) and
Monogram Biosciences, Inc. (NASDAQ: MGRM) today announced that the
waiting period under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976, or HSR Act, applicable to the acquisition of Monogram
by LabCorp has expired with no action by either the Federal Trade
Commission or the U.S. Department of Justice.
As previously announced, LabCorp commenced a tender offer on
July 1, 2009 for all of the outstanding shares of common stock of
Monogram for $4.55 per share in cash.
The expiration of the waiting period under the HSR Act satisfies
one of the conditions necessary for the consummation of the pending
acquisition. The tender offer and any withdrawal rights are
scheduled to expire at 12:00 midnight, New York City Time, at the
end of the day on Wednesday, July�29, 2009, unless the tender offer
is extended.
Consummation of the tender offer remains subject to other
customary closing conditions, including satisfaction of the minimum
tender condition under the agreement and plan of merger entered
into by LabCorp and Monogram on June 22, 2009.
Important Additional Information Has Been Filed with the
Securities and Exchange Commission (�SEC�)
The tender offer described in this news release has commenced,
but this news release is for informational purposes only and is
neither an offer to purchase nor a solicitation of an offer to sell
shares of Monogram Biosciences, Inc.�s common stock. The tender
offer is being made pursuant to a tender offer statement and
related materials. INVESTORS AND SECURITY HOLDERS ARE URGED TO READ
BOTH THE TENDER OFFER STATEMENT AND RELATED MATERIALS AND THE
SOLICITATION/RECOMMENDATION STATEMENT REGARDING THE TENDER OFFER
BECAUSE THEY CONTAIN IMPORTANT INFORMATION. The tender offer
statement and related materials, including an offer to purchase and
letter of transmittal, have been filed by Laboratory Corporation of
America Holdings and Mastiff Acquisition Corp. with the SEC, and
the solicitation/recommendation statement has been filed by
Monogram Biosciences, Inc. with the SEC. Investors and security
holders may obtain a free copy of these statements and other
documents filed by Laboratory Corporation of America Holdings and
Mastiff Acquisition Corp. or Monogram Biosciences, Inc. with the
SEC at the website maintained by the SEC at www.sec.gov. The tender
offer statement and related materials, solicitation/recommendation
statement, and such other documents may be obtained for free by
directing such requests to D.F. King�& Co., Inc., the
information agent for the tender offer, at 1-212-269-5550 for banks
and brokers or 1-800-549-6746 for shareholders and all others.
About LabCorp�
Laboratory Corporation of America� Holdings, a S&P 500
company, is a pioneer in commercializing new diagnostic
technologies and the first in its industry to embrace genomic
testing. With annual revenues of $4.5 billion in 2008, over 28,000
employees worldwide, and more than 220,000 clients, LabCorp offers
clinical assays ranging from routine blood analyses to HIV and
genomic testing. LabCorp combines its expertise in innovative
clinical testing technology with its Centers of Excellence: The
Center for Molecular Biology and Pathology, National Genetics
Institute, ViroMed Laboratories, Inc., The Center for Esoteric
Testing, Litholink Corporation, DIANON Systems, Inc., US LABS, and
Esoterix and its Colorado Coagulation, Endocrine Sciences, and
Cytometry Associates laboratories. LabCorp conducts clinical trial
testing through its Esoterix Clinical Trials Services division.
LabCorp clients include physicians, government agencies, managed
care organizations, hospitals, clinical labs, and pharmaceutical
companies. To learn more about our organization, visit our Web site
at: www.labcorp.com.
About Monogram Biosciences, Inc.
Monogram Biosciences, Inc. (NASDAQ: MGRM) is advancing
individualized medicine by discovering, developing and marketing
innovative products to guide and improve treatment of serious
infectious diseases and cancer. Monogram Biosciences, Inc.�s
products are designed to help doctors optimize treatment regimens
for their patients that lead to better outcomes and reduced costs.
Monogram Biosciences, Inc.�s technology is also being used by
numerous biopharmaceutical companies to develop new and improved
anti-viral therapeutics and vaccines as well as targeted cancer
therapeutics. More information about Monogram Biosciences, Inc. and
its technology can be found on its web site at www.monogrambio.com.
Caution Concerning Forward-Looking Statements
Investors are cautioned that statements in this press release
that are not strictly historical statements, including, without
limitation, statements relating to the expected timing of the
transaction, constitute forward-looking statements. These
statements are based on current expectations, forecasts and
assumptions of LabCorp and Monogram Biosciences, Inc. that are
subject to risks and uncertainties that could cause actual outcomes
and results to differ materially from those statements. Risks and
uncertainties include, among others, the risk that the conditions
to the tender offer or the merger set forth in the agreement and
plan of merger will not be satisfied and the transactions will not
be consummated, uncertainties as to the timing of the tender offer
and merger, uncertainties as to how many Monogram Biosciences, Inc.
stockholders will tender their stock in the offer, changes in
Monogram Biosciences, Inc.�s business during the period between now
and the closing that could cause a condition to closing not to be
satisfied; as well as other factors detailed in LabCorp�s and
Monogram Biosciences, Inc.�s filings with the Securities and
Exchange Commission, including LabCorp�s Annual Report on Form 10-K
for the year ended December�31, 2008 and subsequent SEC filings,
and Monogram Biosciences, Inc.�s Annual Report on Form 10-K for the
year ended December�31, 2008 and subsequent SEC filings.
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