0000903423-15-000224.txt : 20150319 0000903423-15-000224.hdr.sgml : 20150319 20150319161114 ACCESSION NUMBER: 0000903423-15-000224 CONFORMED SUBMISSION TYPE: 424B3 PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20150319 DATE AS OF CHANGE: 20150319 FILER: COMPANY DATA: COMPANY CONFORMED NAME: BIOMET INC CENTRAL INDEX KEY: 0000351346 STANDARD INDUSTRIAL CLASSIFICATION: ORTHOPEDIC, PROSTHETIC & SURGICAL APPLIANCES & SUPPLIES [3842] IRS NUMBER: 351418342 STATE OF INCORPORATION: IN FISCAL YEAR END: 0531 FILING VALUES: FORM TYPE: 424B3 SEC ACT: 1933 Act SEC FILE NUMBER: 333-194855 FILM NUMBER: 15712997 BUSINESS ADDRESS: STREET 1: 56 EAST BELL DR CITY: WARSAW STATE: IN ZIP: 46582 BUSINESS PHONE: 5742676639 MAIL ADDRESS: STREET 1: 56 E BELL DRIVE STREET 2: P O BOX 587 CITY: WARSAW STATE: IN ZIP: 46581-0587 FILER: COMPANY DATA: COMPANY CONFORMED NAME: Biomet Spine, LLC CENTRAL INDEX KEY: 0001602954 IRS NUMBER: 464212199 STATE OF INCORPORATION: DE FISCAL YEAR END: 0531 FILING VALUES: FORM TYPE: 424B3 SEC ACT: 1933 Act SEC FILE NUMBER: 333-194855-17 FILM NUMBER: 15712999 BUSINESS ADDRESS: STREET 1: 310 INTERLOCKEN PARKWAY CITY: BROOMFIELD STATE: CO ZIP: 80021 BUSINESS PHONE: 303-443-7500 MAIL ADDRESS: STREET 1: 310 INTERLOCKEN PARKWAY CITY: BROOMFIELD STATE: CO ZIP: 80021 FILER: COMPANY DATA: COMPANY CONFORMED NAME: Biomet Biologics, LLC CENTRAL INDEX KEY: 0001429656 IRS NUMBER: 030479652 FILING VALUES: FORM TYPE: 424B3 SEC ACT: 1933 Act SEC FILE NUMBER: 333-194855-13 FILM NUMBER: 15713003 BUSINESS ADDRESS: STREET 1: 56 E. BELL DRIVE CITY: WARSAW STATE: IN ZIP: 46582 BUSINESS PHONE: 574-267-6639 MAIL ADDRESS: STREET 1: 56 E. BELL DRIVE CITY: WARSAW STATE: IN ZIP: 46582 FILER: COMPANY DATA: COMPANY CONFORMED NAME: EBI Holdings, LLC CENTRAL INDEX KEY: 0001429642 IRS NUMBER: 222407246 FILING VALUES: FORM TYPE: 424B3 SEC ACT: 1933 Act SEC FILE NUMBER: 333-194855-03 FILM NUMBER: 15713013 BUSINESS ADDRESS: STREET 1: 100 INTERPACE PARKWAY CITY: PARSIPPANY STATE: NJ ZIP: 07054 BUSINESS PHONE: 574-267-6639 MAIL ADDRESS: STREET 1: 100 INTERPACE PARKWAY CITY: PARSIPPANY STATE: NJ ZIP: 07054 FILER: COMPANY DATA: COMPANY CONFORMED NAME: Electro-Biology, LLC CENTRAL INDEX KEY: 0001429639 IRS NUMBER: 222278360 FILING VALUES: FORM TYPE: 424B3 SEC ACT: 1933 Act SEC FILE NUMBER: 333-194855-25 FILM NUMBER: 15713016 BUSINESS ADDRESS: STREET 1: 6 UPPER POND ROAD CITY: PARSIPPANY STATE: NJ ZIP: 07054-1079 BUSINESS PHONE: 574-267-6639 MAIL ADDRESS: STREET 1: 6 UPPER POND ROAD CITY: PARSIPPANY STATE: NJ ZIP: 07054-1079 FILER: COMPANY DATA: COMPANY CONFORMED NAME: LANX, INC. CENTRAL INDEX KEY: 0001424092 IRS NUMBER: 261688290 FILING VALUES: FORM TYPE: 424B3 SEC ACT: 1933 Act SEC FILE NUMBER: 333-194855-16 FILM NUMBER: 15713021 BUSINESS ADDRESS: STREET 1: 310 INTERLOCKEN PARKWAY CITY: BROOMFIELD STATE: CO ZIP: 80021 BUSINESS PHONE: 303-443-7500 MAIL ADDRESS: STREET 1: 310 INTERLOCKEN PARKWAY CITY: BROOMFIELD STATE: CO ZIP: 80021 FORMER COMPANY: FORMER CONFORMED NAME: LANX INC DATE OF NAME CHANGE: 20080115 FILER: COMPANY DATA: COMPANY CONFORMED NAME: Biomet Microfixation, LLC CENTRAL INDEX KEY: 0001429648 IRS NUMBER: 591692523 FILING VALUES: FORM TYPE: 424B3 SEC ACT: 1933 Act SEC FILE NUMBER: 333-194855-07 FILM NUMBER: 15713009 BUSINESS ADDRESS: STREET 1: 1520 TRADEPORT DRIVE CITY: JACKSONVILLE STATE: FL ZIP: 32218-2482 BUSINESS PHONE: 574-267-6639 MAIL ADDRESS: STREET 1: 1520 TRADEPORT DRIVE CITY: JACKSONVILLE STATE: FL ZIP: 32218-2482 FILER: COMPANY DATA: COMPANY CONFORMED NAME: Implant Innovations Holdings, LLC CENTRAL INDEX KEY: 0001429637 IRS NUMBER: 352088040 FILING VALUES: FORM TYPE: 424B3 SEC ACT: 1933 Act SEC FILE NUMBER: 333-194855-23 FILM NUMBER: 15713018 BUSINESS ADDRESS: STREET 1: 56 E. BELL DRIVE CITY: WARSAW STATE: IN ZIP: 46852 BUSINESS PHONE: 574-267-6639 MAIL ADDRESS: STREET 1: 56 E. BELL DRIVE CITY: WARSAW STATE: IN ZIP: 46852 FILER: COMPANY DATA: COMPANY CONFORMED NAME: Interpore Spine, LLC CENTRAL INDEX KEY: 0001429634 IRS NUMBER: 953043318 FILING VALUES: FORM TYPE: 424B3 SEC ACT: 1933 Act SEC FILE NUMBER: 333-194855-21 FILM NUMBER: 15713020 BUSINESS ADDRESS: STREET 1: 181 TECHNOLOGY DRIVE CITY: IRVINE STATE: CA ZIP: 92618 BUSINESS PHONE: 574-267-6639 MAIL ADDRESS: STREET 1: 181 TECHNOLOGY DRIVE CITY: IRVINE STATE: CA ZIP: 92618 FORMER COMPANY: FORMER CONFORMED NAME: Interpore Spine Ltd. DATE OF NAME CHANGE: 20080313 FILER: COMPANY DATA: COMPANY CONFORMED NAME: KIRSCHNER MEDICAL CORP CENTRAL INDEX KEY: 0000785022 STANDARD INDUSTRIAL CLASSIFICATION: ORTHOPEDIC, PROSTHETIC & SURGICAL APPLIANCES & SUPPLIES [3842] IRS NUMBER: 521319702 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 424B3 SEC ACT: 1933 Act SEC FILE NUMBER: 333-194855-20 FILM NUMBER: 15713022 BUSINESS ADDRESS: STREET 1: 9690 DEERECO RD CITY: TIMONIUM STATE: MD ZIP: 21093 BUSINESS PHONE: 4105603333 MAIL ADDRESS: STREET 1: 9690 DEERECO ROAD CITY: TIMONIUM STATE: MD ZIP: 21093 FILER: COMPANY DATA: COMPANY CONFORMED NAME: Lanx Sales, LLC CENTRAL INDEX KEY: 0001602966 IRS NUMBER: 800870455 STATE OF INCORPORATION: DE FISCAL YEAR END: 0531 FILING VALUES: FORM TYPE: 424B3 SEC ACT: 1933 Act SEC FILE NUMBER: 333-194855-15 FILM NUMBER: 15712998 BUSINESS ADDRESS: STREET 1: 310 INTERLOCKEN PARKWAY CITY: BROOMFIELD STATE: CO ZIP: 80021 BUSINESS PHONE: 303-443-7500 MAIL ADDRESS: STREET 1: 310 INTERLOCKEN PARKWAY CITY: BROOMFIELD STATE: CO ZIP: 80021 FILER: COMPANY DATA: COMPANY CONFORMED NAME: Biomet U.S. Reconstruction, LLC CENTRAL INDEX KEY: 0001558094 IRS NUMBER: 455118007 STATE OF INCORPORATION: IN FISCAL YEAR END: 0531 FILING VALUES: FORM TYPE: 424B3 SEC ACT: 1933 Act SEC FILE NUMBER: 333-194855-18 FILM NUMBER: 15713000 BUSINESS ADDRESS: STREET 1: C/O BIOMET, INC. STREET 2: P.O. BOX 587 CITY: WARSAW STATE: IN ZIP: 46581-0587 BUSINESS PHONE: (800) 348-9500 MAIL ADDRESS: STREET 1: C/O BIOMET, INC. STREET 2: P.O. BOX 587 CITY: WARSAW STATE: IN ZIP: 46581-0587 FILER: COMPANY DATA: COMPANY CONFORMED NAME: Biomet 3i, LLC CENTRAL INDEX KEY: 0001429657 IRS NUMBER: 592816882 FILING VALUES: FORM TYPE: 424B3 SEC ACT: 1933 Act SEC FILE NUMBER: 333-194855-14 FILM NUMBER: 15713002 BUSINESS ADDRESS: STREET 1: 4555 RIVERSIDE DRIVE CITY: PALM BEACH GARDENS STATE: FL ZIP: 33410 BUSINESS PHONE: 574-267-6639 MAIL ADDRESS: STREET 1: 4555 RIVERSIDE DRIVE CITY: PALM BEACH GARDENS STATE: FL ZIP: 33410 FILER: COMPANY DATA: COMPANY CONFORMED NAME: Biomet Europe Ltd. CENTRAL INDEX KEY: 0001429655 IRS NUMBER: 351603620 FILING VALUES: FORM TYPE: 424B3 SEC ACT: 1933 Act SEC FILE NUMBER: 333-194855-12 FILM NUMBER: 15713004 BUSINESS ADDRESS: STREET 1: TOERMALIJNRING 600 CITY: DORDRECHT STATE: P7 ZIP: 3316 LC BUSINESS PHONE: 574-267-6639 MAIL ADDRESS: STREET 1: TOERMALIJNRING 600 CITY: DORDRECHT STATE: P7 ZIP: 3316 LC FILER: COMPANY DATA: COMPANY CONFORMED NAME: Biomet Orthopedics, LLC CENTRAL INDEX KEY: 0001429647 IRS NUMBER: 352074037 FILING VALUES: FORM TYPE: 424B3 SEC ACT: 1933 Act SEC FILE NUMBER: 333-194855-06 FILM NUMBER: 15713010 BUSINESS ADDRESS: STREET 1: 56 E. BELL DRIVE CITY: WARSAW STATE: IN ZIP: 46582 BUSINESS PHONE: 574-267-6639 MAIL ADDRESS: STREET 1: 56 E. BELL DRIVE CITY: WARSAW STATE: IN ZIP: 46582 FILER: COMPANY DATA: COMPANY CONFORMED NAME: Interpore Cross International, LLC CENTRAL INDEX KEY: 0001429636 IRS NUMBER: 330818017 FILING VALUES: FORM TYPE: 424B3 SEC ACT: 1933 Act SEC FILE NUMBER: 333-194855-22 FILM NUMBER: 15713019 BUSINESS ADDRESS: STREET 1: 181 TECHNOLOGY DRIVE CITY: IRVINE STATE: CA ZIP: 92618 BUSINESS PHONE: 574-267-6639 MAIL ADDRESS: STREET 1: 181 TECHNOLOGY DRIVE CITY: IRVINE STATE: CA ZIP: 92618 FILER: COMPANY DATA: COMPANY CONFORMED NAME: Biomet International Ltd. CENTRAL INDEX KEY: 0001429652 IRS NUMBER: 352046422 FILING VALUES: FORM TYPE: 424B3 SEC ACT: 1933 Act SEC FILE NUMBER: 333-194855-10 FILM NUMBER: 15713006 BUSINESS ADDRESS: STREET 1: 56 E. BELL DRIVE CITY: WARSAW STATE: IN ZIP: 46582 BUSINESS PHONE: 574-267-6639 MAIL ADDRESS: STREET 1: 56 E. BELL DRIVE CITY: WARSAW STATE: IN ZIP: 46582 FILER: COMPANY DATA: COMPANY CONFORMED NAME: Cross Medical Products, LLC CENTRAL INDEX KEY: 0001429643 IRS NUMBER: 310992628 FILING VALUES: FORM TYPE: 424B3 SEC ACT: 1933 Act SEC FILE NUMBER: 333-194855-04 FILM NUMBER: 15713012 BUSINESS ADDRESS: STREET 1: 181 TECHNOLOGY DRIVE CITY: IRVINE STATE: CA ZIP: 92618 BUSINESS PHONE: 574-267-6639 MAIL ADDRESS: STREET 1: 181 TECHNOLOGY DRIVE CITY: IRVINE STATE: CA ZIP: 92618 FILER: COMPANY DATA: COMPANY CONFORMED NAME: Biomet Fair Lawn, LLC CENTRAL INDEX KEY: 0001429654 IRS NUMBER: 311651311 FILING VALUES: FORM TYPE: 424B3 SEC ACT: 1933 Act SEC FILE NUMBER: 333-194855-11 FILM NUMBER: 15713005 BUSINESS ADDRESS: STREET 1: 20-01 POLLITT DRIVE CITY: FAIRLAWN STATE: NJ ZIP: 07410 BUSINESS PHONE: 574-267-6639 MAIL ADDRESS: STREET 1: 20-01 POLLITT DRIVE CITY: FAIRLAWN STATE: NJ ZIP: 07410 FILER: COMPANY DATA: COMPANY CONFORMED NAME: Biomet Florida Services, LLC CENTRAL INDEX KEY: 0001429638 IRS NUMBER: 200388276 FILING VALUES: FORM TYPE: 424B3 SEC ACT: 1933 Act SEC FILE NUMBER: 333-194855-24 FILM NUMBER: 15713017 BUSINESS ADDRESS: STREET 1: 4555 RIVERSIDE DRIVE CITY: PALM BEACH GARDENS STATE: FL ZIP: 33410 BUSINESS PHONE: 574-267-6639 MAIL ADDRESS: STREET 1: 4555 RIVERSIDE DRIVE CITY: PALM BEACH GARDENS STATE: FL ZIP: 33410 FILER: COMPANY DATA: COMPANY CONFORMED NAME: Biomet Trauma, LLC CENTRAL INDEX KEY: 0001558092 IRS NUMBER: 273309062 STATE OF INCORPORATION: IN FISCAL YEAR END: 0531 FILING VALUES: FORM TYPE: 424B3 SEC ACT: 1933 Act SEC FILE NUMBER: 333-194855-19 FILM NUMBER: 15713001 BUSINESS ADDRESS: STREET 1: C/O BIOMET, INC. STREET 2: P.O. BOX 587 CITY: WARSAW STATE: IN ZIP: 46581-0587 BUSINESS PHONE: (800) 348-9500 MAIL ADDRESS: STREET 1: C/O BIOMET, INC. STREET 2: P.O. BOX 587 CITY: WARSAW STATE: IN ZIP: 46581-0587 FILER: COMPANY DATA: COMPANY CONFORMED NAME: Biomet Sports Medicine, LLC CENTRAL INDEX KEY: 0001429646 IRS NUMBER: 351803072 FILING VALUES: FORM TYPE: 424B3 SEC ACT: 1933 Act SEC FILE NUMBER: 333-194855-05 FILM NUMBER: 15713011 BUSINESS ADDRESS: STREET 1: 56 E. BELL DRIVE CITY: WARSAW STATE: IN ZIP: 46582 BUSINESS PHONE: 574-267-6639 MAIL ADDRESS: STREET 1: 56 E. BELL DRIVE CITY: WARSAW STATE: IN ZIP: 46582 FILER: COMPANY DATA: COMPANY CONFORMED NAME: Biomet Leasing, Inc. CENTRAL INDEX KEY: 0001429650 IRS NUMBER: 352076217 FILING VALUES: FORM TYPE: 424B3 SEC ACT: 1933 Act SEC FILE NUMBER: 333-194855-09 FILM NUMBER: 15713007 BUSINESS ADDRESS: STREET 1: 56 E. BELL DRIVE CITY: WARSAW STATE: IN ZIP: 46582 BUSINESS PHONE: 574-267-6639 MAIL ADDRESS: STREET 1: 56 E. BELL DRIVE CITY: WARSAW STATE: IN ZIP: 46582 FILER: COMPANY DATA: COMPANY CONFORMED NAME: Biomet Manufacturing LLC CENTRAL INDEX KEY: 0001429649 IRS NUMBER: 352074039 FILING VALUES: FORM TYPE: 424B3 SEC ACT: 1933 Act SEC FILE NUMBER: 333-194855-08 FILM NUMBER: 15713008 BUSINESS ADDRESS: STREET 1: 56 E. BELL DRIVE CITY: WARSAW STATE: IN ZIP: 46582 BUSINESS PHONE: 574-267-6639 MAIL ADDRESS: STREET 1: 56 E. BELL DRIVE CITY: WARSAW STATE: IN ZIP: 46582 FORMER COMPANY: FORMER CONFORMED NAME: Biomet Manufacturing CORP DATE OF NAME CHANGE: 20080313 FILER: COMPANY DATA: COMPANY CONFORMED NAME: EBI Medical Systems, LLC CENTRAL INDEX KEY: 0001429640 IRS NUMBER: 222406619 FILING VALUES: FORM TYPE: 424B3 SEC ACT: 1933 Act SEC FILE NUMBER: 333-194855-01 FILM NUMBER: 15713015 BUSINESS ADDRESS: STREET 1: 100 INTERPACE PARKWAY CITY: PARSIPPANY STATE: NJ ZIP: 07054 BUSINESS PHONE: 574-267-6639 MAIL ADDRESS: STREET 1: 100 INTERPACE PARKWAY CITY: PARSIPPANY STATE: NJ ZIP: 07054 FILER: COMPANY DATA: COMPANY CONFORMED NAME: EBI, LLC CENTRAL INDEX KEY: 0001429641 IRS NUMBER: 311651314 FILING VALUES: FORM TYPE: 424B3 SEC ACT: 1933 Act SEC FILE NUMBER: 333-194855-02 FILM NUMBER: 15713014 BUSINESS ADDRESS: STREET 1: 100 INTERPACE PARKWAY CITY: PARSIPPANY STATE: NJ ZIP: 07054 BUSINESS PHONE: 574-267-6639 MAIL ADDRESS: STREET 1: 100 INTERPACE PARKWAY CITY: PARSIPPANY STATE: NJ ZIP: 07054 424B3 1 biomet-424b3_0319.htm

Filed Pursuant to Rule 424(b)(3)

Registration No. 333-194855

PROSPECTUS SUPPLEMENT

(to prospectus dated October 7, 2014 and the prospectus supplements dated October 9, 2014, October 14, 2014, January 6, 2015, January 13, 2015 and March 11, 2015)

BIOMET, INC.

$1,825,000,000 6.500% Senior Notes due 2020

$800,000,000 6.500% Senior Subordinated Notes due 2020

 


This prospectus supplement updates and supplements the prospectus dated October 7, 2014 and the prospectus supplements dated October 9, 2014, October 14, 2014, January 6, 2015, January 13, 2015 and March 11, 2015.


See the “Risk Factors” section beginning on page 6 of the prospectus, the “Risk Factors” section in our Quarterly Report on Form 10-Q filed with the Securities and Exchange Commission on October 14, 2014 and the “Risk Factors” section in our Quarterly Report on Form 10-Q filed with the Securities and Exchange Commission on January 13, 2015 for a discussion of certain risks that you should consider before investing in the notes.

 

Neither the Securities and Exchange Commission nor any state securities commission has approved or disapproved of these securities or passed upon the adequacy or accuracy of this prospectus. Any representation to the contrary is a criminal offense.

 

This prospectus supplement and the accompanying prospectus have been prepared for and may be used by Goldman, Sachs & Co. and any affiliates of Goldman, Sachs & Co. in connection with offers and sales of the notes related to market-making transactions in the notes affected from time to time. Goldman, Sachs & Co. or its affiliates may act as principal or agent in such transactions, including as agent for the counterparty when acting as principal or as agent for both counterparties, and may receive compensation in the form of discounts and commissions, including from both counterparties, when it acts as agents for both. Such sales will be made at prevailing market prices at the time of sale, at prices related thereto or at negotiated prices. We will not receive any proceeds from such sales.

 

You should rely only on the information contained or incorporated by reference in this prospectus supplement and the accompanying prospectus. We have not authorized any person to provide you with any information or represent anything about us or this offering that is not contained in this prospectus supplement and the accompanying prospectus. If given or made, any such other information or representation should not be relied upon as having been authorized by us. This prospectus supplement and the accompanying prospectus does not offer to sell nor ask for offers to buy any of the securities in any jurisdiction where it is unlawful, where the person making the offer is not qualified to do so, or to any person who cannot legally be offered the securities. You should not assume that the information contained or incorporated by reference in this prospectus supplement and the accompanying prospectus is accurate as of any date other than the date on the front cover of this prospectus supplement and the accompanying prospectus or the date of any document incorporated by reference herein.


 

The date of this prospectus supplement is March 19, 2015.

 
 

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

FORM 8-K

 

CURRENT REPORT

Pursuant to Section 13 or 15(d)

of the Securities Exchange Act of 1934

 

Date of Report (Date of earliest event reported): March 13, 2015

 

BIOMET, INC.

(Exact Name of Registrant as Specified in its Charter)

 

Indiana

 

(State or Other Jurisdiction of

Incorporation)

 

   

001-15601

 

35-1418342

 

(Commission

File Number)

(IRS Employer

Identification No.)

 

   
56 East Bell Drive, Warsaw IN 46582
(Address of Principal Executive Offices) (Zip Code)

 

(574) 267-6639

(Registrant’s Telephone Number, Including Area Code)

 

(Former Name or Former Address, if Changed Since Last Report)

____________________________________________________________________________________________________

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

¨Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 
 
 

 


Item 8.01.

Other Events.

 

As previously disclosed, on March 26, 2012, Biomet, Inc., or Biomet, entered into a Deferred Prosecution Agreement, or DPA, with the Department of Justice, or DOJ, and a Consent to Final Judgment, or Consent, with the Securities and Exchange Commission, or SEC, regarding an investigation regarding possible violations of the Foreign Corrupt Practices Act. Pursuant to the DPA, the DOJ agreed to defer prosecution of Biomet in connection with those matters, provided that Biomet satisfies its obligations under the DPA over the term of the DPA. The DPA had a three-year term and provided that it could be extended in the sole discretion of the DOJ for an additional year. Pursuant to the Consent, Biomet consented to the entry of a Final Judgment which, among other things, permanently enjoined Biomet from violating the provisions of the Foreign Corrupt Practices Act. In addition, pursuant to the terms of the DPA, an independent external compliance monitor was appointed to review Biomet’s compliance with the DPA, particularly in relation to Biomet’s international sales practices. The Consent Biomet entered into with the SEC mirrors the DPA’s provisions with respect to the compliance monitor.

 

As further disclosed, in October 2013, Biomet became aware of certain alleged improprieties regarding its operations in Brazil and Mexico, including alleged improprieties that predated the entry of the DPA. Biomet retained counsel and other experts to investigate both matters. Based on the results of the ongoing investigations, Biomet has terminated, suspended or otherwise disciplined certain of the employees and executives involved in these matters, and has taken certain other remedial measures. Additionally, pursuant to the terms of the DPA, in April 2014 and thereafter, Biomet disclosed these matters to and discussed these matters with the independent compliance monitor and the DOJ and SEC. On July 2, 2014, the SEC issued a subpoena to Biomet requiring that Biomet produce certain documents relating to such matters. These matters remain under investigation by the DOJ.

 

On March 13, 2015, the DOJ informed Biomet that the DPA and the independent compliance monitor’s appointment have been extended for an additional year.

 

Pursuant to the DPA, the DOJ has sole discretion to determine whether conduct by Biomet constitutes a violation or breach of the DPA. The DOJ has informed Biomet that it retains its rights under the DPA to bring further action against Biomet relating to the conduct in Brazil and Mexico disclosed in 2014 or the violations set forth in the DPA. The DOJ could, among other things, revoke the DPA or prosecute Biomet and/or the involved employees and executives. Biomet continues to cooperate with the SEC and DOJ and expects that discussions with the SEC and the DOJ will continue.

 

 

Additional Information about this Transaction

 

In connection with the proposed transaction, Zimmer Holdings, Inc. (“Zimmer”) filed with the U.S. Securities and Exchange Commission (the “SEC”), and the SEC declared effective on September 29, 2014, a registration statement on Form S-4 that includes a consent solicitation statement of LVB Acquisition, Inc. (“LVB”) that also constitutes a prospectus of Zimmer. We urge investors and security holders to read the consent solicitation statement/prospectus because it contains important information regarding the proposed merger. You may obtain a free copy of the consent solicitation statement/prospectus and other related documents filed by Zimmer and Biomet’s parent company, LVB, with the SEC at the SEC’s website at www.sec.gov. These documents and other relevant materials, including any documents incorporated by reference therein, when and if filed, may also be obtained free of charge from Zimmer at http://investor.zimmer.com or from Biomet at http://www.biomet.com/corporate/investors/, as applicable. This communication shall not constitute an offer to sell or the solicitation of an offer to buy any securities, nor shall there be any offer or sale of securities in any jurisdiction in which such offer, solicitation or sale would be unlawful, prior to registration or qualification under the securities laws of any such jurisdiction.

 

 

 

 

 
 

 

SIGNATURES

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

         
    BIOMET, INC.
       
Date:      March 17, 2015   By: /s/ Jonathan M. Grandon
        Jonathan M. Grandon
Senior Vice President and General Counsel