UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 10-Q
(Mark One)
[X] QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
For the quarterly period ended August 31, 2004.
OR
[ ] TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
For the transition period from _______________ to _______________.
Commission file Number 0-12515.
BIOMET, INC.
(Exact name of registrant as specified in its charter)
Indiana 35-1418342
(State or other jurisdiction of (I.R.S. Employer
incorporation or organization) Identification No.)
56 East Bell Drive, Warsaw, Indiana 46582
(Address of principal executive offices)
(574) 267-6639
(Registrant's telephone number, including area code)
Indicate by check mark whether the registrant (1) has filed all reports
required to be filed by Section 13 or 15(d) of the Securities Exchange Act of
1934 during the preceding 12 months (or for such shorter period that the
registrant was required to file such reports), and (2) has been subject to such
filing requirements for the past 90 days. Yes X No
Indicate by check mark whether the registrant is an accelerated filer (as
described in Rule 12b-2 of the Exchange Act). Yes X No
As of August 31, 2004, the registrant had 253,142,441 common shares
outstanding.
BIOMET, INC.
CONTENTS
Pages
Part I. Financial Information
Item 1. Financial Statements:
Consolidated Balance Sheets 1-2
Consolidated Statements of Income 3
Consolidated Statements of Cash Flows 4
Notes to Consolidated Financial Statements 5-8
Item 2. Management's Discussion and Analysis of
Financial Condition and Results of Operations 9-10
Item 3. Quantitative and Qualitative Disclosure about
Market Risks 11
Item 4. Controls and Procedures 11
Part II. Other Information 12
Signatures 13
Index to Exhibits 14
PART I. FINANCIAL INFORMATION
ITEM 1. FINANCIAL STATEMENTS
BIOMET, INC. AND SUBSIDIARIES
CONSOLIDATED BALANCE SHEETS
at August 31, 2004 and May 31, 2004
(in thousands)
ASSETS
August 31, May 31,
2004 2004
---------- -------
(Unaudited)
Current assets:
Cash and cash equivalents $ 81,715 $ 159,243
Investments 14,449 10,030
Accounts and notes receivable, net 449,436 465,949
Inventories 424,997 389,391
Deferred income taxes 85,748 69,379
Prepaid expenses and other 26,808 21,877
--------- ---------
Total current assets 1,083,153 1,115,869
--------- ---------
Property, plant and equipment, at cost 493,631 466,460
Less, Accumulated depreciation 210,058 197,634
--------- ---------
Property, plant and equipment, net 283,573 268,826
--------- ---------
Investments 62,453 66,339
Goodwill 436,471 266,860
Intangible assets, net 91,301 53,571
Other assets 16,441 16,232
--------- ---------
Total assets $1,973,392 $1,787,697
========= =========
The accompanying notes are a part of the consolidated financial statements.
BIOMET, INC. AND SUBSIDIARIES
CONSOLIDATED BALANCE SHEETS
at August 31, 2004 and May 31, 2004
(in thousands)
LIABILITIES AND SHAREHOLDERS' EQUITY
August 31, May 31,
2004 2004
---------- -------
(Unaudited)
Current liabilities:
Short-term borrowings $ 311,920 $ 109,654
Accounts payable 53,455 55,365
Accrued income taxes 38,730 18,940
Accrued wages and commissions 46,710 51,288
Other accrued expenses 83,380 78,155
--------- ---------
Total current liabilities 534,195 313,402
Long-term liabilities:
Deferred income taxes 38,188 26,085
--------- ---------
Total liabilities 572,383 339,487
--------- ---------
Contingencies
Shareholders' equity:
Common shares 172,681 167,301
Additional paid-in capital 60,388 60,344
Retained earnings 1,164,595 1,218,682
Accumulated other comprehensive income 3,345 1,883
--------- ---------
Total shareholders' equity 1,401,009 1,448,210
--------- ---------
Total liabilities and shareholders' equity $1,973,392 $1,787,697
========= =========
The accompanying notes are a part of the consolidated financial statements.
BIOMET, INC. AND SUBSIDIARIES
CONSOLIDATED STATEMENTS OF INCOME
for the three months ended August 31, 2004 and 2003
(Unaudited, in thousands, except per share data)
2004 2003
---- ----
Net sales $438,160 $370,319
Cost of sales 125,972 105,618
------- -------
Gross profit 312,188 264,701
Selling, general and administrative expenses 160,460 132,397
Research and development expense 18,476 14,748
In-process research and development 26,020 --
------- -------
Operating income 107,232 117,556
Other income (expense), net (728) 3,021
------- -------
Income before income taxes and minority interest 106,504 120,577
Provision for income taxes 46,071 41,979
------- -------
Income before minority interest 60,433 78,598
Minority interest -- 2,120
------- -------
Net income $ 60,433 $ 76,478
======= =======
Earnings per share:
Basic $.24 $.30
==== ====
Diluted $.24 $.30
==== ====
Shares used in the computation of earnings per share:
Basic 253,856 256,847
======= =======
Diluted 255,950 258,282
======= =======
Cash dividends per common share $.20 $.15
==== ====
The accompanying notes are a part of the consolidated financial statements.
BIOMET, INC. AND SUBSIDIARIES
CONSOLIDATED STATEMENTS OF CASH FLOWS
for the three months ended August 31, 2004 and 2003
(Unaudited, in thousands)
2004 2003
---- ----
Cash flows from (used in) operating activities:
Net income $ 60,433 $ 76,478
Adjustments to reconcile net income to
net cash from operating activities:
Depreciation 14,044 11,870
Amortization 1,521 754
Write off of in-process research and development 26,020 --
Gain (loss) on sale of investments, net 282 (525)
Minority interest -- 2,120
Deferred income taxes (2,671) (470)
Changes in current assets and liabilities,
excluding effects of acquisitions:
Accounts and notes receivable, net 30,871 8,357
Inventories (7,755) (4,298)
Prepaid expenses (5,341) (4,781)
Accounts payable (3,777) (4,437)
Accrued income taxes 19,452 16,309
Other current liabilities (14,179) (5,942)
------- -------
Net cash from operating activities 118,900 95,435
------- -------
Cash flows from (used in) investing activities:
Proceeds from sales and maturities of investments 8,602 59,010
Purchases of investments (8,616) (51,183)
Capital expenditures (18,616) (9,379)
Acquisitions, net of cash acquired (266,229) --
Other (2,357) (1,029)
------- ------
Net cash used in investing activities (287,216) (2,581)
------- ------
Cash flows from (used in) financing activities:
Increase (decrease) in short-term borrowings, net 201,770 (3,525)
Issuance of common shares 6,312 4,001
Cash dividends (50,872) (38,604)
Purchase of common shares (64,985) (61,720)
------- ------
Net cash from (used in) financing activities 92,225 (99,848)
------- ------
Effect of exchange rate changes on cash (1,437) 3,055
------- ------
Decrease in cash and cash equivalents (77,528) (3,939)
Cash and cash equivalents, beginning of year 159,243 225,650
------- -------
Cash and cash equivalents, end of period $ 81,715 $221,711
======= =======
The accompanying notes are a part of the consolidated financial statements.
BIOMET, INC. AND SUBSIDIARIES
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
NOTE 1: BASIS OF PRESENTATION.
The accompanying consolidated financial statements include the accounts of
Biomet, Inc. and its subsidiaries (individually and collectively referred to as
the "Company"). The unaudited consolidated financial statements have been
prepared in accordance with U.S. generally accepted accounting principles
for interim financial information and with the instructions to Form 10-Q and
Rule 10-01 of Regulation S-X. Accordingly, they do not include all of the
information and notes required by U.S. generally accepted accounting principles
for complete financial statements. In the opinion of management, all
adjustments (consisting of normal recurring accruals) considered necessary for
a fair presentation have been included. Operating results for the three-month
period ended August 31, 2004 are not necessarily indicative of the results that
may be expected for the fiscal year ending May 31, 2005. For further
information, refer to the consolidated financial statements and notes thereto
included in the Company's Annual Report on Form 10-K for the fiscal year ended
May 31, 2004.
The accompanying consolidated balance sheet at May 31, 2004, has been derived
from the audited Consolidated Financial Statements at that date, but does not
include all disclosures required by U.S. generally accepted accounting
principles.
The Company operates in one business segment, musculoskeletal products, which
includes the designing, manufacturing and marketing of reconstructive products,
fixation devices, spinal products and other products. Other products consist
primarily of EBI's softgoods and bracing products, Arthrotek's arthroscopy
products, general instruments and operating room supplies. The Company manages
its business segment primarily on a geographic basis. These geographic markets
are comprised of the United States, Europe and the Rest of World. Major markets
included in the Rest of World geographic market are Canada, South America,
Mexico, Japan and the Pacific Rim.
Net sales of musculoskeletal products by product category are as follows for the
three months ended August 31, 2004 and 2003:
2004 2003
---- ----
(in thousands)
Reconstructive $282,482 $233,439
Fixation 62,713 62,133
Spinal products 52,909 37,967
Other 40,056 36,780
------- -------
$438,160 $370,319
======= =======
As permitted by SFAS No. 123, the Company accounts for its employee stock
options using the intrinsic value method. Accordingly, no compensation expense
is recognized for the employee stock-based compensation plans. If compensation
expense for the Company's employee stock options had been determined based on
the fair value method of accounting, pro forma net income and diluted earnings
per share for the three months ended August 31, 2004 and 2003 would have been
as follows:
2004 2003
---- ----
Net income as reported (in thousands) $ 60,433 $ 76,478
Deduct: Total stock-based employee
compensation expense determined
under the fair value method for
all awards net of related tax
effects (in thousands) 1,533 1,282
------- -------
Pro forma net income (in thousands) $ 58,900 $ 75,196
======= =======
Earning per share:
Basic, as reported $0.24 $0.30
==== ====
Basic, pro forma $0.23 $0.29
==== ====
Diluted, as reported $0.24 $0.30
==== ====
Diluted, pro forma $0.23 $0.29
==== ====
NOTE 2: BUSINESS COMBINATION.
On June 18, 2004, the Company, through its EBI subsidiary, acquired Interpore
International, Inc. (Interpore) for $270.5 million in cash. The primary reason
for making the Interpore acquisition was to broaden the product portfolio the
Company offers in the spinal market. The Company accounted for this acquisition
as a purchase, and the operating results of Interpore have been consolidated
from the date of acquisition. Interpore's respective assets and liabilities
have been recorded at their estimated fair values in the Company's financial
statements, with the excess purchase price being allocated to goodwill.
The Company completed its initial purchase price allocation in accordance with
U.S. generally accepted accounting principles. The process included interviews
with Interpore management, review of the economic and competitive environment
in which Interpore operates and examination of assets, including historical
performance and future prospects. The purchase price allocation was based on
information currently available to the Company, and expectations and
assumptions deemed reasonable to the Company's management. No assurances can
be given, however, that the underlying assumptions used to estimate expected
technology based product revenue, development costs or profitability, or the
events associated with such technology, will occur as projected.
The following table summarizes the estimated fair values of the assets
acquired and liabilities assumed in the acquisition:
As of
June 16, 2004
-------------
Current assets $ 60,316
Property, plant and equipment 9,307
Intangible assets not subject to amortization:
Trademarks and trade names 1,260
Intangible assets subject to amortization:
Trademarks and trade names 2,270
Developed technology 16,180
Distribution and sales agreements 11,440
License agreements 3,450
In-process research and development 26,020
Other assets 83
Goodwill 169,596
-------
Total assets acquired 299,922
-------
Deferred taxes 14,512
Other current liabilities 14,909
-------
Total liabilities assumed 29,421
-------
Net assets acquired $270,501
=======
The $26,020,000 assigned to in-process research and development was written off
as of the acquisition date. The weighted average amortization period for
amortizable intangibles is 10 years. No amount of goodwill is expected to be
deductable for tax purposes. Pro forma financial information reflecting this
acquisition has not been presented as it is not materially different from the
Company's historical results.
NOTE 3: COMPREHENSIVE INCOME.
Other comprehensive income includes foreign currency translation adjustments
and unrealized appreciation of available-for-sale securities, net of taxes.
Other comprehensive income for the three months ended August 31, 2004
and 2003 was $1,462,000 and $2,599,000, respectively. Total comprehensive
income combines reported net income and other comprehensive income. Total
comprehensive income for the three months ended August 31, 2004 and 2003 was
$61,895,000 and $79,077,000, respectively.
NOTE 4: INVENTORIES.
Inventories at August 31, 2004 and May 31, 2004 are as follows:
August 31, May 31,
2004 2004
------------ -------
(in thousands)
Raw materials $ 40,315 $ 34,075
Work-in-process 45,570 43,187
Finished goods 180,351 163,299
Consigned inventory 158,761 148,830
------- -------
$424,997 $389,391
======= =======
NOTE 5: DEBT.
In connection with the Interpore acquisition, the Company entered into a 36
month revolving credit facility in the amount of $200 million. Interest is
payable at LIBOR plus 0.5%. At August 31, 2004, $200 million was outstanding
and the interest rate was 2.125%.
NOTE 6: COMMON SHARES.
During the three months ended August 31, 2004, the Company issued 373,546
Common Shares upon the exercise of outstanding stock options for proceeds
aggregating $6,312,000. Purchases of Common Shares pursuant to the Common
Share Repurchase Programs aggregated 1,493,400 shares for $64,985,000 during
the three months ended August 31, 2004.
NOTE 7: EARNINGS PER SHARE.
Earnings per common share amounts ("basic EPS") are computed by dividing net
income by the weighted average number of common shares outstanding and excludes
any potential dilution. Earnings per common share amounts assuming dilution
("diluted EPS") are computed by reflecting potential dilution from the
exercise of stock options.
NOTE 8: INCOME TAXES.
The difference between the reported provision for income taxes and a provision
computed by applying the federal statutory rate to pre-tax accounting income is
primarily attributable to state income taxes, tax benefits relating to
operations in Puerto Rico, tax-exempt income, tax credits and the in-process
research and development which is not tax affected.
ITEM 2. MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL
CONDITION AND RESULTS OF OPERATIONS
FINANCIAL CONDITION AS OF August 31, 2004
The Company's cash and investments decreased $76,995,000 to $158,617,000 at
August 31, 2004. This decrease resulted from the $50,872,000 dividend paid
during this quarter, the $64,985,000 used to purchase shares during this quarter
pursuant to the Company's share repurchase programs and the acquisition of
Interpore this quarter, offset by positive cash flow from operations.
Cash flows provided by operating activities were $118,900,000 for the first
three months of fiscal 2005 compared to $95,435,000 in 2004. The primary
sources of fiscal year 2005 cash flows from operating activities were net
income, depreciation, write-off of in-process research and development at the
acquisition date of Interpore, a decrease in accounts receivable and an increase
in accrued income taxes. The primary use was a decrease in other current
liabilities. Accounts receivable normally decreases in Europe during the summer
months as sales decrease slightly due to the vacation period, but cash receipts
continue. In addition, the current quarter closed on a Tuesday for the U.S.
operations, with Monday being the primary cash receipts day. Accrued income
taxes increased during the quarter due to the first quarter tax estimates being
due after the quarter end. Other current liabilities decreased from the final
payments paid for the Interpore terminations and because year end bonuses are
paid during the first quarter. Accounts and notes receivable and inventory
balances were increased during the three month period by $1.7 million and $3.3
million, respectively, due to currency exchange rates.
Cash flows used in investing activities were $287,216,000 for the first three
months of fiscal 2005 compared to $2,581,000 in 2004. The primary use of cash
flows from investing activities were the acquisition of Interpore and capital
expenditures. (see Footnote 2 in the Notes to Consolidated Financial
Statements.)
Cash flows provided from financing activities were $92,225,000 for the first
three months of fiscal 2005 compared to a use of $99,848,000 in 2004. The
primary source of cash flows from financing activities was the 36 month
revolving credit facility in the amount of $200 million used for the Interpore
acquisition. The primary uses were the cash dividend paid and the share
repurchase programs. In July 2004, the Company's Board of Directors declared a
cash dividend of twenty cents ($0.20) per share payable to shareholders of
record at the close of business on July 16, 2004.
Currently available funds, together with anticipated cash flows generated from
future operations are believed to be adequate to cover the Company's anticipated
cash requirements, including capital expenditures, research and development
costs and share repurchases.
RESULTS OF OPERATIONS FOR THE THREE MONTHS ENDED AUGUST 31, 2004
AS COMPARED TO THE THREE MONTHS ENDED AUGUST 31, 2003
Net sales increased 18% to $438,160,000 for the first quarter ended August 31,
2004, from $370,319,000 for the same period last year. Excluding the positive
impact of foreign currency (2%) and the acquisition of Interpore (3%), net sales
growth for the first quarter was 13%. The Company's U.S.-based revenue
increased 18% to $296,304,000 during the first quarter of fiscal 2005, while
foreign sales increased 20% to $141,856,000. Excluding the positive foreign
exchange adjustment and the Interpore acquisition, U.S.-based revenue increased
13% and foreign revenue increased 12%. The Company's worldwide sales of
reconstructive products during the first quarter of fiscal 2005 were
$282,482,000, representing a 21% increase compared to the first quarter of last
year. This increase came through balanced growth in all of the reconstructive
product categories. Sales of fixation products were $62,713,000 for the first
quarter fiscal 2005, representing a 1% increase as compared to the same period
in 2004. Sales of spinal products were $52,909,000 for the first quarter of
fiscal 2005, representing a 39% increase as compared to the same period in 2004.
The increase was primarily a result of the Interpore acquisition and strong
growth in EBI's spinal implants and orthobiological products. Fixation and
spinal product sales have been negatively impacted by the combination of the
Interpore and EBI sales forces, and at the same time the integration of Biomet's
internal fixation sales force into EBI's fixation sales force. The Company
expects this negative impact to continue during the next quarter. The Company's
sales of other products totaled $40,056,000, representing a 9% increase over the
first quarter of fiscal year 2004.
Cost of sales increased as a percentage of net sales to 28.7% for the first
quarter of fiscal 2005 from 28.5% for the same period last year. After
adjusting for the current period impact of inventory step-up relating to
acquisitions, cost of sales as a percentage of net sales decreased to 27.1%.
This decrease was primarily a result of higher growth rates in domestic sales,
where gross margins are higher, versus foreign sales. Selling, general and
administrative expenses, as a percentage of net sales, increased to 36.6%
compared to 35.7% for the first quarter last year. This increase is a result
of Interpore's traditionally higher selling, general and administrative
expenses (0.5%), and continued expansion and consolidation of EBI's direct
sales force. Research and development expenditures increased 25% during the
first quarter to $18,476,000 reflecting the Company's continued emphasis on
new product introductions and Interpore's traditionally higher expenditures
on research and development (7%). Operating income decreased 9% from
$117,556,000 for the first quarter of fiscal 2004, to $107,232,000 for the
first quarter of fiscal 2005. After adjusting operating income for the
acquisition related expenses, operating income increased 19%. Other income
decreased from $3,021,000 last year to $(728,000) this year. Other income
has been negatively impacted by a reduction in cash available for investments
and an increase in short term debt, due to acquisitions. In addition, over
the last eleven quarters, the Company has used $667,000,000 to purchase its
common stock. The effective income tax rate increased to 43.3% for the first
quarter of fiscal year 2005 from 34.8% last year primarily as a result of
write-off of in-process research and development not being tax affected.
After taking this into account, the tax rate for this quarter would be 34.8%.
These factors resulted in an 21% decrease in net income to $60,433,000 for
the first quarter of fiscal 2005 as compared to $76,478,000 for the same
period in fiscal 2004, while basic and diluted earnings per share decreased
20%, from $0.30 to $0.24 for the periods presented. Before acquisition
related expenses, net income increased by 19%, while basic and diluted
earnings per share increased 20% for the periods presented.
Item 3. Quantitative and Qualitative Disclosures about Market Risks.
There have been no material changes from the information provided in the
Company's Annual Report on Form 10-K for the year ended May 31, 2004.
Item 4. Controls and Procedures.
(a) Evaluation of Disclosure Controls and Procedures. As of the end of
the period covered by this report, the Company carried out an evaluation,
under the supervision and with the participation of its management,
including the Company's Chief Executive Officer and Chief Financial Officer,
of the effectiveness of the Company's disclosure controls and procedures
(as defined in Rules 13a-15(e) and 15d-15(e) of the Securities Exchange Act
of 1934). Based on this evaluation, the Company's Chief Executive Officer
and Chief Financial Officer have concluded that the Company's disclosure
controls and procedures are effective in timely notification to them of
information the Company is required to disclose in its periodic SEC filings
and in ensuring that this information is recorded, processed summarized and
reported within the time periods specified in the SEC's rules and regulations.
(b) Changes in Internal Control. During the first quarter of fiscal 2005
covered by this report, there have been no significant changes in internal
control over financial reporting that have materially affected, or were
reasonably likely to materially affect, our internal control over financial
reporting.
PART II. OTHER INFORMATION
Item 2. Unregistered Sales of Equity Securities and Use of Proceeds.
As of August 31, 2004, the Company had two publicly-announced share repurchase
programs outstanding. The first, announced July 1, 2004, approved the
purchase of 2,500,000 shares to be automatically purchased in equal
installments over a twelve-month period expiring July 1, 2005. The second,
also announced July 1, 2004, approved the purchase of shares up to $100 million
in open market or privately negotiated transactions expiring July 1, 2005.
Information on shares repurchased in the most recently completed quarter is
as follows:
Total Number Maximum Number of
of Shares Shares (or Approximate
Total Number Average Purchased as Dollar Value) that May
of shares Price Paid Part of Publicly Yet be Purchased
Period Purchased Per Share Announced Plans Under the Plans
- ------ ------------ ---------- ---------------- ----------------------
June 1-30 168,000 $42.68 168,000 8,000 shares
July 1-31 786,000 43.72 786,000 2,272,000 shares and
$76,248,370
August 1-31 539,400 43.47 539,400 2,008,000 shares and
$64,414,746
--------- ----- --------- --------------------
Total 1,493,400 $43.51 1,493,400 2,008,000 shares and
$64,414,746
The publicly-announced share repurchase program of July 2, 2003, expired July 1,
2004 with the purchase of the final 8,000 shares.
Item 4. Submission of Matters to a Vote of Security Holders.
The Annual Meeting of Shareholders of the Company was held on September 18,
2004. At the Annual Meeting:
1. The following persons were elected as Directors of the Company for a
three-year term expiring in 2007.
Name Votes For Votes Withheld
- ---- --------- --------------
M. Ray Harroff 164,635,049 57,527,707
Jerry L. Miller 216,949,587 5,213,169
Charles E. Niemier 176,125,731 46,037,025
L. Gene Tanner 216,551,205 5,611,551
The following directors will continue in office until their term expires at
the 2005 Annual meeting of shareholders: C. Scott Harrison, M.D.; Niles L.
Noblitt; Kenneth V. Miller; and Marilyn Tucker Quayle.
The following directors will continue in office until their term expires at
the 2006 Annual Meeting of shareholders: Dane A. Miller, Ph. D.; Jerry L.
Ferguson; Thomas F. Kearns, Jr.; and Daniel P. Hann.
2. The appointment of Ernst & Young LLP as independent accountants for the
Company for the fiscal year ending May 31, 2005 was ratified by the
shareholders, as follows: Votes For - 219,846,967; Votes Against -
1,082,435; and Abstentions and Broker Non-Votes - 1,233,354.
Item 6. Exhibits.
See Index to Exhibits.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned, thereunto duly authorized.
BIOMET, INC.
------------
DATE: 10/12/2004 BY: /s/ Gregory D. Hartman
----------- -----------------------
Gregory D. Hartman
Senior Vice President - Finance
(Principal Financial Officer)
(Signing on behalf of the registrant
and as principal financial officer)
BIOMET, INC.
FORM 10-Q
INDEX TO EXHIBITS
Number Assigned
in Regulation
S-K Item 601 Description of Exhibit
(2) No exhibit
(4) 4.1 Specimen certificate for Common Shares.
(Incorporated by reference to Exhibit 4.1 to
the registrant's Report on Form 10-K for the
fiscal year ended May 31, 1985.)
4.2 Rights Agreement between Biomet, Inc. and
Lake City Bank, as Rights Agent, dated as of
December 16, 1999. (Incorporated by reference to
Exhibit 4.01 to Biomet, Inc. Form 8-K Current
Report dated December 16, 1999, Commission File
No. 0-12515), as amended September 1, 2002 to
change rights agent to American Stock Transfer
& Trust Company.
(11) No exhibit.
(15) No exhibit.
(18) No exhibit.
(19) No exhibit.
(22) No exhibit.
(23) No exhibit.
(24) No exhibit.
(31) 31.1 Certification of Chief Exectuive Officer pursuant
to Section 302 of the Sarbanes-Oxley Act of 2002.
31.2 Certification of Chief Financial Officer pursuant
to Section 302 of the Sarbanes-Oxley Act of 2002.
(32) 32.1 Written Statement of Chief Executive Officer and
Chief Financial Officer Pursuant to Sections 906 of the