0000950142-13-001764.txt : 20130807 0000950142-13-001764.hdr.sgml : 20130807 20130807104946 ACCESSION NUMBER: 0000950142-13-001764 CONFORMED SUBMISSION TYPE: 4/A PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20130806 FILED AS OF DATE: 20130807 DATE AS OF CHANGE: 20130807 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: KV PHARMACEUTICAL CO /DE/ CENTRAL INDEX KEY: 0000057055 STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834] IRS NUMBER: 430618919 STATE OF INCORPORATION: DE FISCAL YEAR END: 0331 BUSINESS ADDRESS: STREET 1: 2280 SCHUETZ ROAD CITY: ST. LOUIS STATE: MO ZIP: 63146 BUSINESS PHONE: 3146456600 MAIL ADDRESS: STREET 1: 2280 SCHUETZ ROAD CITY: ST. LOUIS STATE: MO ZIP: 63146 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: ROBBINS LAWRENCE M CENTRAL INDEX KEY: 0001228603 FILING VALUES: FORM TYPE: 4/A SEC ACT: 1934 Act SEC FILE NUMBER: 001-09601 FILM NUMBER: 131016268 MAIL ADDRESS: STREET 1: 767 FIFTH AVENUE STREET 2: 44TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10153 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: GLENVIEW CAPITAL MANAGEMENT, LLC CENTRAL INDEX KEY: 0001138995 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4/A SEC ACT: 1934 Act SEC FILE NUMBER: 001-09601 FILM NUMBER: 131016269 BUSINESS ADDRESS: STREET 1: 767 FIFTH AVENUE STREET 2: 44TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10153 BUSINESS PHONE: 2128124700 MAIL ADDRESS: STREET 1: 767 FIFTH AVENUE STREET 2: 44TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10153 FORMER NAME: FORMER CONFORMED NAME: GLENVIEW CAPITAL MANAGEMENT LLC DATE OF NAME CHANGE: 20010420 4/A 1 es1301001_4a-gvcllc.xml OWNERSHIP DOCUMENT X0306 4/A 2013-08-06 2013-08-07 1 0000057055 KV PHARMACEUTICAL CO /DE/ KVPHQ 0001138995 GLENVIEW CAPITAL MANAGEMENT, LLC 767 FIFTH AVENUE 44TH FLOOR NEW YORK NY 10153 0 0 1 0 0001228603 ROBBINS LAWRENCE M 767 FIFTH AVENUE 44TH FLOOR NEW YORK NY 10153 0 0 1 0 Class A Common Stock, $0.01 par value 2013-08-06 4 S 0 1764709 0.4649 D 4897274 I See footnotes These shares of the Issuer's Class A Common Stock, $0.01 par value per share (the "Shares") were purchased for the accounts of Glenview Capital Partners, L.P., Glenview Capital Master Fund, Ltd., Glenview Institutional Partners, L.P., Glenview Offshore Opportunity Master Fund, Ltd. and Glenview Capital Opportunity Fund, L.P. This price reflects the weighted average purchase price for open-market purchases of Shares made by the Reporting Persons on August 6, 2013 within a $1.00 range. The actual prices for these transactions range from $0.35 to $0.61, inclusive. The Reporting Persons further undertake to provide upon request by the Commission staff, the Issuer, or a security holder of the Issuer, full information regarding the number of shares purchased at each separate price. Glenview Capital Management, LLC serves as investment manager to each of Glenview Capital Partners, L.P., Glenview Capital Master Fund, Ltd., Glenview Institutional Partners, L.P., Glenview Offshore Opportunity Master Fund, Ltd., and Glenview Capital Opportunity Fund, L.P. Mr. Robbins is the Chief Executive Officer of Glenview Capital Management, LLC. Each Reporting Person disclaims beneficial ownership of the Shares except to the extent of his or its pecuniary interest therein and this report shall not be deemed an admission that such Reporting Person is the beneficial owner of the Shares for purposes of Section 16 of the Securities Exchange Act of 1934, or for any other purpose. This amended Form 4 corrects the "Transaction Code" column of the previously filed Form 4. Exhibit List: The Power of Attorney filed as Exhibit B to the Schedule 13D filed by the Reporting Persons on August 5, 2013 is incorporated herein by reference. /s/ Mark J. Horowitz, Chief Operating Officer and General Counsel of Glenview Capital Management LLC 2013-08-07 /s/ Mark J. Horowitz, Attorney-in- Fact for Lawrence M. Robbins 2013-08-07