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Solicitation, recommendation statements

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SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

SCHEDULE 14D-9/A

(RULE 14d-101)

SOLICITATION/RECOMMENDATION STATEMENT UNDER SECTION 14(d)(4)

OF THE SECURITIES EXCHANGE ACT OF 1934

(Amendment No. 5)

DEPOMED, INC.

(Name of Subject Company)

DEPOMED, INC.

(Name of Person Filing Statement )

COMMON STOCK, NO PAR VALUE

(Title of Class of Securities)

249908104

(CUSIP Number of Class of Securities)

James A. Schoeneck

President and Chief Executive Officer

7999 Gateway Boulevard, Suite 300, Newark, California 94560

(510) 744-8000

(Name, address and telephone number of person authorized to receive notices

and communications on behalf of the person filing statement)

Copies to:

o Check the box if the filing relates solely to preliminary communications made before the commencement of a tender offer.

This Amendment No. 5 to Schedule 14D-9 amends and supplements the Solicitation/Recommendation Statement on Schedule 14D-9 (as...


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