Fresenius Kabi Pharmaceuticals (APCVZ)

[DiamondFire]

Two things...:

1. We are given the right to appeal the final audited CVR numbers if we do not hit our target....so this gives us abit more comfort in holding till the end, as I'm sure the numbers even if missed will be close to target thus why then wouldnt there be an automatic 'recount'?:

http://yahoo.brand.edgar-online.com/displayfilinginfo.aspx?filingid=6109183&tabindex=2&type=html



Audit

"Within 60 days of receiving the CVR statement from FK Holdings, holders representing at least a majority of the outstanding CVRs may initiate a review procedure to challenge the accuracy of the CVR statement, including the calculations or amount of the CVR payment.

Upon the written request of holders representing at least a majority of the outstanding CVRs, FK Holdings is required to permit an independent certified public accounting firm of nationally recognized standing (jointly agreed by such holders and FK Holdings) to have access to such records of FK Holdings as may be reasonably necessary to verify the accuracy of the CVR statement and the figures underlying the calculations set forth therein.

If the independent certified public accountant concludes that the CVR payment should have been greater than the CVR payment as set forth in the CVR statement, FK Holdings shall pay such shortfall with respect to each CVR within six months of the date that the holders representing at least a majority of the outstanding CVRs deliver the written report of the certified public accountants to FK Holdings. The decision of the independent certified public accountant shall be final, conclusive and binding on FK Holdings and the CVR holders. The fees charged by the independent certified public accounting firm will be paid by FK Holdings.

If no review of the CVR statement is requested by holders of a majority of the CVRs within the time required for such request under the CVR indenture, the calculation of the CVR payment set forth in the CVR statement shall be binding on all CVR holders."

2. Being in sales for 20 years let me tell you about hitting a big Quarter/Year/Everything on the line type of scenario: you hit it! You pull out every stop; you call every possible existing relationship; you call every possible potential relationship; you load up your accounts with product like there is no tomorrow....simply by being honest and telling your client that you have a huge number to hit and if they could please buy a bit more; you dont worry about the amount of overstock you are sending in if the incentive is large enough to justify that in the weeks and months to come orders will be small as clients sell through this inflated backstock of product....but again that is fine as this December 2010 number is all that matters; you discount large bulk orders like never before in order to generate huge one time drops of products into accounts the last days of the Quarter//Year to really make sure you hit your numbers; ........and yes you come up with 'fire sale/911 alert' tactics like APCVZ's 1800 hotline in the final months to further crush your numbers lol!....



.....so to me, unless they have no spine and or fortitude as sellers of their products......I dont see how they could not have hit their goal with so much $$$$$$$$$ on the line and not that far to go in all reality, being that they were free to 'stack it high and watch it fly' and to 'go big or go home' the last Quarter of 2010........imo!