Fresenius SE & Co. KGaA: Delaware Supreme Court upholds Fresenius' termination of merger agreement with Akorn

DGAP-Ad-hoc: Fresenius SE & Co. KGaA / Key word(s): Legal Matter Fresenius SE & Co. KGaA: Delaware Supreme Court upholds Fresenius' termination of merger agreement with Akorn 07-Dec-2018 / 18:52 CET/CEST Disclosure of an inside information acc. to Article 17 MAR of the Regulation (EU) No 596/2014, transmitted by DGAP - a service of EQS Group AG. The issuer is solely responsible for the content of this announcement. Delaware Supreme Court upholds Fresenius' termination of merger agreement with Akorn In the lawsuit by Akorn, Inc. against Fresenius for the consummation of the April 2017 merger agreement the Supreme Court in the U.S. state of Delaware today ruled in favor of Fresenius. As this is the highest Court in Delaware, no further appeal is possible. Fresenius terminated the merger agreement due to Akorn's failure to fulfill several closing conditions. An independent investigation initiated by Fresenius had revealed, among other things, material breaches of FDA data integrity requirements relating to Akorn's operations. Akorn responded by suing in the Court of Chancery in Delaware for the consummation of the agreement but Akorn's law suit had been dismissed by the Court of Chancery of Delaware in the first instance as well as now in the second and last instance before the Delaware Supreme Court. Fresenius SE & Co. KGaA, represented by Fresenius Management SE, The Management Board Bad Homburg v.d.H., December 7, 2018 ---------------------------------------- Contact: Markus Georgi Senior Vice President Investor Relations T: [phone] [e-mail] ---------------------------------------- End of note 07-Dec-2018 CET/CEST The DGAP Distribution Services include Regulatory Announcements, Financial/Corporate News and Press Releases. Archive at www.dgap.de

Language:	English
Company:	Fresenius SE & Co. KGaA
	Else-Kröner-Straße 1
	61352 Bad Homburg v.d.H.
	Germany
Phone:	[phone]
Fax:	[phone]
E-mail:	[e-mail]
Internet:	www.fresenius.com
ISIN:	DE0005785604
WKN:	578560
Indices:	DAX
Listed:	Regulated Market in Dusseldorf, Frankfurt (Prime Standard), Munich; Regulated Unofficial Market in Berlin, Hamburg, Hanover, Stuttgart, Tradegate Exchange; Luxembourg Stock Exchange

End of Announcement	DGAP News Service

755777  07-Dec-2018 CET/CEST