CONTACT:
Acura Pharmaceuticals, Inc.
Peter A. Clemens, SVP Investor Relations & CFO
(847-705-7709)
FOR IMMEDIATE RELEASE

ACURA PHARMACEUTICALS, INC.
ANNOUNCES RECEIPT OF $30 MILLION CASH PAYMENT AND CLOSING OF AGREEMENT WITH
KING PHARMACEUTICALS
Palatine,
IL, December
10, 2007:
Acura
Pharmaceuticals, Inc. (OTC.BB-ACPH.OB)
today announced the closing of the License, Development and
Commercialization Agreement (the “Agreement”) with King Pharmaceuticals
Research and Development, Inc., a subsidiary of King Pharmaceuticals,
Inc. (“King”) and receipt of the initial $30 million non-refundable cash
payment from King under the Agreement. The Agreement closing was
subject to clearance under the Hart-Scott-Rodino Antitrust Improvements
Act which was received December 6, 2007. Upon the closing of the
Agreement, the Company paid off its $5 million secured term note in
accordance with the Agreement and the prepayment provisions of the
secured term note. The Company now has no term debt on its balance
sheet.
The Agreement provides King with an
exclusive license in the United States, Canada, and Mexico (the
"Territory") for ACUROX™ Tablets plus another undisclosed opioid product
candidate utilizing Acura's Aversion® Technology. In addition, the
Agreement provides King with an option to license in the Territory all
future opioid analgesic products developed utilizing Acura's Aversion®
Technology. In addition to the $30 million initial payment announced
today, Acura could also receive additional cash payments from King of up
to $28 million for ACUROX™ Tablets and similar amounts with respect to
each future product licensed based on successful achievement of certain
development and regulatory milestones specified in the Agreement. King
will reimburse Acura for all ACUROX™ Tablet research and development
expenses incurred beginning from September 19, 2007 and all research and
development expenses related to future products after King's exercise of
its option to an exclusive license for each future product. King will
record net sales of all products and pay Acura a royalty ranging from 5%
to 25% based on the level of combined annual net sales for all products
subject to the Agreement. King will also make a one-time cash payment
to Acura of $50 million in the first year in which the combined annual
net sales of all licensed products exceed $750 million.
About Acura Pharmaceuticals, Inc.
Acura Pharmaceuticals, Inc. is a specialty
pharmaceutical company engaged in research, development and manufacture
of innovative Aversion® (abuse deterrent) Technology and related product
candidates.
Forward Looking Statements
This
press release contains "forward-looking statements" as defined in the
Private Securities Litigation Reform Act of 1995. These statements are
based on current expectations of future events. If underlying
assumptions prove inaccurate or unknown risks or uncertainties
materialize, actual results could vary materially from the Company’s
expectations and projections. The most significant of such risks and
uncertainties include, but are not limited to, the ability of the
Company, King Pharmaceuticals Research and Development, Inc. and other
pharmaceutical companies, if any, with whom the Company may license its
Aversion® Technology, to obtain necessary regulatory approvals and
commercialize products utilizing the Aversion® Technology, the ability
to avoid infringement of patents, trademarks and other proprietary
rights or trade secrets of third parties, the ability to manufacture
products utilizing the Aversion® Technology, and the ability to fulfill
the FDA’s requirements for approving the Company’s product candidates
for commercial distribution in the United States, including, without
limitation, the adequacy of the results of the clinical studies
completed to date and the results of other clinical studies, to support
FDA approval of the Company’s product candidates, the adequacy of the
development program for the Company’s product candidates, changes in
regulatory requirements, adverse safety findings relating to the
Company’s product candidates, the risk that the FDA may not agree with
the Company’s analysis of its clinical studies and may evaluate the
results of these studies by different methods or conclude that the
results of the studies are not statistically significant, clinically
meaningful or that there were human errors in the conduct of the studies
or otherwise, the risk that further studies of the Company’s product
candidates are not positive, and the uncertainties inherent in
scientific research, drug development, clinical trials and the
regulatory approval process. You are encouraged to review other
important risk factors relating to the Company on our web site at
www.acurapharm.com under the
link, “Company Risk Factors” and detailed in Company filings with the
Securities and Exchange Commission. Acura Pharmaceuticals, Inc. assumes
no obligation to update any forward-looking statements as a result of
new information or future events or developments.
Acura
Pharmaceuticals, Inc. press releases may be reviewed at
www.acurapharm.com.

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