401k Plan data: SCIELE PHARMA, INC. 401(K) PLAN plan

SCIELE PHARMA, INC. 401(K) PLAN 401k Plan overview

Plan Name	SCIELE PHARMA, INC. 401(K) PLAN
Plan identification number	001

SCIELE PHARMA, INC. 401(K) PLAN Benefits

401k Plan Type

Defined Contribution Pension

Plan Features/Benefits

Profit-sharing
ERISA section 404(c) Plan - This plan, or any part of it is intended to meet the conditions of 29 CFR 2550.404c-1.
Total participant-directed account plan - Participants have the opportunity to direct the investment of all the assets allocated to their individual accounts, regardless of whether 29 CFR 2550.404c-1 is intended to be met.
Code section 401(k) feature - A cash or deferred arrangement described in Code section 401(k) that is part of a qualified defined contribution plan that provides for an election by employees to defer part of their compensation or receive these amounts in cash.
Code section 401(m) arrangement - Employee contributions are allocated to separate accounts under the plan or employer contributions are based, in whole or in part, on employee deferrals or contribtions to the plan. Not applicable if plan is 401(k) plan with only QNECs and/or QMACs. Also not applicable if Code section 403(b)(1), 403(b)(7) or 408 arrangements/accounts/annuities.
Total or partial participant-directed account plan - plan uses default investment account for participants who fail to direct assets in their account.
Master plan - A pension plan that is made available by a sponsor for adoption by employers; that is the subject of a favorable opinion letter; and for which a single funding medium (for example, a trust or custodial account) is established for the joint use of all adopting employers.
Prototype plan - A pension plan that is made available by a sponsor for adoption by employers; that is the subject of a favorable opinion or notification letter; and under which a seperate funding medium (for example, a seperate trust or custodial account) is established for the use of each adopting employer.

401k Sponsoring company profile

SCIELE PHARMA, INC. has sponsored the creation of one or more 401k plans.

Company Name: SCIELE PHARMA, INC.

Employer identification number (EIN): 582004779

NAIC Classification: 424210
NAIC Description: Drugs and Druggists' Sundries Merchant Wholesalers

Form 5500 Filing Information

Submission information for form 5500 for 401k plan SCIELE PHARMA, INC. 401(K) PLAN

Plan id# Filing Submission Date Name of Administrator Date Administrator Signed Name of Company Sponsor Date Sponsor Signed
001 2009-01-01 MICHAEL MILLIGAN
001 2009-01-01 MICHAEL MILLIGAN
001 2008-01-01 MICHAEL MILLIGAN

Plan id#	Filing Submission Date	Name of Administrator
001	2009-01-01	MICHAEL MILLIGAN
001	2009-01-01	MICHAEL MILLIGAN
001	2008-01-01	MICHAEL MILLIGAN

Plan Statistics for SCIELE PHARMA, INC. 401(K) PLAN

401k plan membership statisitcs for SCIELE PHARMA, INC. 401(K) PLAN

Measure Date Value
2009: SCIELE PHARMA, INC. 401(K) PLAN 2009 401k membership
Total participants, beginning-of-year 2009-01-01 811
Total number of active participants reported on line 7a of the Form 5500 2009-01-01 842
Number of retired or separated participants receiving benefits 2009-01-01 0
Number of other retired or separated participants entitled to future benefits 2009-01-01 276
Total of all active and inactive participants 2009-01-01 1,118
Number of deceased participants whose beneficiaries are receiving or are entitled to receive benefits 2009-01-01 0
Total participants 2009-01-01 1,118
Number of participants with account balances 2009-01-01 972
Participants that terminated employment during the plan year with accrued benefits that were less than 100% vested 2009-01-01 27
2008: SCIELE PHARMA, INC. 401(K) PLAN 2008 401k membership
Total participants, beginning-of-year 2008-01-01 817
Total number of active participants reported on line 7a of the Form 5500 2008-01-01 677
Number of retired or separated participants receiving benefits 2008-01-01 0
Number of other retired or separated participants entitled to future benefits 2008-01-01 134
Total of all active and inactive participants 2008-01-01 811
Number of deceased participants whose beneficiaries are receiving or are entitled to receive benefits 2008-01-01 0
Total participants 2008-01-01 811
Number of participants with account balances 2008-01-01 811
Participants that terminated employment during the plan year with accrued benefits that were less than 100% vested 2008-01-01 74

Measure	Date	Value
2009: SCIELE PHARMA, INC. 401(K) PLAN 2009 401k membership
Total participants, beginning-of-year	2009-01-01	811
Total number of active participants reported on line 7a of the Form 5500	2009-01-01	842
Number of retired or separated participants receiving benefits	2009-01-01	0
Number of other retired or separated participants entitled to future benefits	2009-01-01	276
Total of all active and inactive participants	2009-01-01	1,118
Number of deceased participants whose beneficiaries are receiving or are entitled to receive benefits	2009-01-01	0
Total participants	2009-01-01	1,118
Number of participants with account balances	2009-01-01	972
Participants that terminated employment during the plan year with accrued benefits that were less than 100% vested	2009-01-01	27
2008: SCIELE PHARMA, INC. 401(K) PLAN 2008 401k membership
Total participants, beginning-of-year	2008-01-01	817
Total number of active participants reported on line 7a of the Form 5500	2008-01-01	677
Number of retired or separated participants receiving benefits	2008-01-01	0
Number of other retired or separated participants entitled to future benefits	2008-01-01	134
Total of all active and inactive participants	2008-01-01	811
Number of deceased participants whose beneficiaries are receiving or are entitled to receive benefits	2008-01-01	0
Total participants	2008-01-01	811
Number of participants with account balances	2008-01-01	811
Participants that terminated employment during the plan year with accrued benefits that were less than 100% vested	2008-01-01	74

Financial Data on SCIELE PHARMA, INC. 401(K) PLAN

Measure	Date	Value
2009 : SCIELE PHARMA, INC. 401(K) PLAN 2009 401k financial data
Total value of distributions paid in property other than in cash, annuity contracts, or publicly traded employer securities	2009-12-31	$0
2008 : SCIELE PHARMA, INC. 401(K) PLAN 2008 401k financial data
Total liabilities at end of year (benefit claims payable, operating payabales, acquisition indebtedness and other liabilities)	2008-12-31	$558,064
Total liabilities at beginning of year (benefit claims payable, operating payabales, acquisition indebtedness and other liabilities)	2008-12-31	$735,737
Total income from all sources (including contributions)	2008-12-31	$1,440,073
Total of all expenses incurred	2008-12-31	$1,611,194
Benefit payments and payments to participlants,beneficiaries,insurance carriers and others	2008-12-31	$1,599,455
Value of total corrective distributions	2008-12-31	$2,439
Total contributions o plan (from employers,participants, others, non cash contrinutions)	2008-12-31	$7,257,642
Value of total assets at end of year	2008-12-31	$17,673,918
Value of total assets at beginning of year	2008-12-31	$18,022,712
Total of administrative expenses incurred including professional, contract, advisory and management fees	2008-12-31	$9,300
Total interest from all sources	2008-12-31	$21,770
Has a resolution to terminate the plan been adopted during the plan year or any prior plan year	2008-12-31	No
Was this plan covered by a fidelity bond	2008-12-31	Yes
Value of fidelity bond cover	2008-12-31	$500,000
If this is an individual account plan, was there a blackout period	2008-12-31	No
Were there any nonexempt tranactions with any party-in-interest	2008-12-31	No
Contributions received from participants	2008-12-31	$4,468,310
Participant contributions at end of year	2008-12-31	$328,573
Participant contributions at beginning of year	2008-12-31	$200,961
Participant contributions at end of year	2008-12-31	$563,315
Participant contributions at beginning of year	2008-12-31	$497,755
Income. Received or receivable in cash from other sources (including rollovers)	2008-12-31	$932,403
Value of other receiveables (less allowance for doubtful accounts) at end of year	2008-12-31	$39,857
Value of other receiveables (less allowance for doubtful accounts) at beginning of year	2008-12-31	$10,668
Other liabilities (not benefit claims, operating payabales oe acquisition indebtedness) at end of year	2008-12-31	$558,064
Other liabilities (not benefit claims, operating payabales oe acquisition indebtedness) at beginning of year	2008-12-31	$735,737
Administrative expenses (other) incurred	2008-12-31	$9,300
Total non interest bearing cash at end of year	2008-12-31	$13,873
Total non interest bearing cash at beginning of year	2008-12-31	$599
Did the receive any noncash contributions whose value was neither redily determinable on an established market nor set by an independent third party appraiser	2008-12-31	No
Value of net income/loss	2008-12-31	$-171,121
Value of net assets at end of year (total assets less liabilities)	2008-12-31	$17,115,854
Value of net assets at beginning of year (total assets less liabilities)	2008-12-31	$17,286,975
Did the plan have a loss casued by fraud or dishonesty (regardless whether reimbursed by fidelity bond)	2008-12-31	No
Were any loans by the plan or fixed income obligations due to the plan in default	2008-12-31	No
Were any leases to which the plan was party in default or uncollectible	2008-12-31	No
Value of interest in registered invesment companies (eg mutual funds) at end of year	2008-12-31	$10,376,588
Value of interest in registered invesment companies (eg mutual funds) at beginning of year	2008-12-31	$12,089,243
Interest on participant loans	2008-12-31	$21,770
Value of interest in common/collective trusts at end of year	2008-12-31	$6,106,234
Value of interest in common/collective trusts at beginning of year	2008-12-31	$4,982,749
Net investment gain/loss from registered investment companies (e.g. mutual funds)	2008-12-31	$-5,308,286
Net investment gain or loss from common/collective trusts	2008-12-31	$-531,053
Were any plan transactions or series of transactions in excess of 5% of the current value of the plan assets	2008-12-31	No
Was there a failure to transmit to the plan any participant contributions	2008-12-31	No
Has the plan failed to provide any benefit when due under the plan	2008-12-31	No
Contributions received in cash from employer	2008-12-31	$1,856,929
Employer contributions (assets) at end of year	2008-12-31	$245,478
Employer contributions (assets) at beginning of year	2008-12-31	$240,737
Benefit payments and payments to provide benefits directly to participlants or beneficiaries including direct rollovers	2008-12-31	$1,599,455
Did the plan have assets held for investment	2008-12-31	Yes
Did the plan hold any assets whose current value was neither redily determinable on an established market nor set by an independent third party appraiser	2008-12-31	No
Were all the plan assets eitehr distributed to particpants/beneficiaries, transferred to another plan or brought under the control of the PBGC	2008-12-31	No
Accountant perfomed limited scope audit pursuant to 29 CFR 2520.103-8 and/or 103-12(d)	2008-12-31	Yes
Opinion of an independent qualified public accountant for this plan	2008-12-31	Disclaimer
Accountancy firm name	2008-12-31	FRAZIER & DEETER, LLC
Accountancy firm EIN	2008-12-31	581433845

Form 5500 Responses for SCIELE PHARMA, INC. 401(K) PLAN

2009: SCIELE PHARMA, INC. 401(K) PLAN 2009 form 5500 responses
2009-01-01	Type of plan entity	Single employer plan
2009-01-01	Submission has been amended	Yes
2009-01-01	This submission is the final filing	No
2009-01-01	This return/report is a short plan year return/report (less than 12 months)	No
2009-01-01	Plan is a collectively bargained plan	No
2009-01-01	Plan funding arrangement – Trust	Yes
2009-01-01	Plan benefit arrangement - Trust	Yes
2008: SCIELE PHARMA, INC. 401(K) PLAN 2008 form 5500 responses
2008-01-01	Type of plan entity	Single employer plan
2008-01-01	Submission has been amended	Yes
2008-01-01	This submission is the final filing	No
2008-01-01	This return/report is a short plan year return/report (less than 12 months)	No
2008-01-01	Plan is a collectively bargained plan	No
2008-01-01	Plan funding arrangement – Trust	Yes
2008-01-01	Plan benefit arrangement - Trust	Yes

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Company Name:	SCIELE PHARMA, INC.
Employer identification number (EIN):	582004779
NAIC Classification:	424210
NAIC Description:	Drugs and Druggists' Sundries Merchant Wholesalers