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Published on 10/30/2008 in the Prospect News Special Situations Daily.

HSR wait ends early in merger of Ligand, Pharmacopeia

By Lisa Kerner

Charlotte, N.C., Oct. 30 - The Federal Trade Commission granted early termination of the Hart-Scott-Rodino waiting period in the proposed merger of Ligand Pharmaceuticals Inc. and Pharmacopeia Inc., a government report said.

In September, Ligand, a San Diego drug development company, announced it agreed to acquire Pharmacopeia in a stock-for-stock deal valued at up to $70 million, or approximately $1.81 per share.

The companies' merger agreement includes contingent value rights for an additional cash payment of $15 million, or $0.50 per Pharmacopeia share, if Ligand enters into a license, sale, development, marketing or option agreement with respect to its DARA program by Dec. 31, 2011.

A Ligand news release said the transaction includes a collar that provides for a fixed exchange ratio within a price range of $3.00 to $3.75 for Ligand stock.

Pharmacopeia is a Princeton, N.J., biopharmaceutical company.


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