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Re: jdlamont post# 2288

Monday, 06/01/2020 11:46:24 PM

Monday, June 01, 2020 11:46:24 PM

Post# of 2296
Looks good. On June 1, 2020, the Company announced that its Board of Directors has determined that the Amended Melinta Proposal to acquire the Company is a “Superior Offer” under the terms of the AcelRx Merger Agreement. In connection with this determination and in accordance with the terms of the AcelRx Merger Agreement, the Company has given notice to AcelRx of such determination and of its intention to consider changing its recommendation of the AcelRx Merger Agreement or terminating the AcelRx Merger Agreement unless AcelRx proposes revisions to the terms of the AcelRx Merger Agreement or makes another proposal on or prior to Wednesday, June 3, 2020 that, if accepted, would result in the Amended Melinta Proposal ceasing to be a Superior Offer. A copy of the press release is attached as Exhibit 99.1 hereto and is incorporated herein by reference. TTPH