X0203 3 2010-02-16 0 0001282393 BIOFORM MEDICAL INC BFRM 0001192613 SELBY NORMAN C C/O PERSEUS, L.L.C. 1325 AVENUE OF THE AMERICAS, 25TH FLOOR NEW YORK NY 10019 1 0 0 0 Common Stock, par value $0.01 per share 0 I See footnotes below In accordance with the Agreement and Plan of Merger (the "Merger Agreement"), dated as of December 31, 2009, by and among Merz GmbH & Co. KGaA, a limited partnership by shares formed under the laws of the Federal Republic of Germany ("Merz"), Vine Acquisition Corp., a Delaware corporation and an indirect wholly-owned subsidiary of Merz ("Acquisition Sub"), and BioForm Medical, Inc., a Delaware corporation ("BioForm"), on January 15, 2010, Acquisition Sub commenced a cash tender offer (the "Offer") to purchase all outstanding shares of common stock, $0.01 par value per share, of BioForm (the "Shares") at a price of $5.45 per Share, without interest thereon and less any required withholding tax. (Continued in Footnote 2) The Offer expired at 12:00 midnight, New York City Time, on February 12, 2010. On February 16, 2010, Acquisition Sub commenced a subsequent offering period. The subsequent offering period expired at 12:00 midnight, New York City Time, on February 18, 2010. Based on final information from the depositary for the tender offer, an aggregate of 45,400,232 Shares were validly tendered and not properly withdrawn immediately prior to the expiration of the subsequent offering period, representing approximately 95.7% of the Shares. (Continued in Footnote 3) Acquisition Sub accepted for payment all Shares that were validly tendered during the initial offering period and the subsequent offering period, and payment for such Shares has been or will be made promptly, in accordance with the terms of the Offer. On February 19, 2010, Merz caused Acquisition Sub to merge with and into BioForm in accordance with the short-form provisions of the General Corporation Law of the State of Delaware (the "Merger"). As a result of the Merger, BioForm became an indirect wholly-owned subsidiary of Merz and, following the Merger, the Shares ceased to be traded on The Nasdaq Global Market. On February 16, 2010, pursuant to the terms of the Merger Agreement, Norman C. Selby, a designee of Merz, was appointed as a director of BioForm. Upon the effective time of the Merger on February 19, 2010, Norman C. Selby ceased to be a member of BioForm's board of directors. /s/ Norman C. Selby 2010-02-26