Pursuant to Article 4 of the Additional Facility Rules, Article 2 of the Arbitration (Additional Facility) Rules and Articles 1116(1), 1117(1) and 1120(1)(b) of the North American Free Trade Agreement ("NAFTA"), Apotex Holdings Inc. and Apotex Inc. (together, the "Claimants"), on their own behalf and on behalf of Apotex Holdings Inc.'s enterprise, Apotex Corp. (collectively, "Apotex"), hereby respectfully request approval of access to the Additional Facility and institution of arbitration proceedings concerning the claims stated herein.

I. INTRODUCTION

1. Apotex Holdings Inc. ("Apotex Holdings") is a Canadian investor in the generic pharmaceutical industry. It has over the past two decades made substantial investments in Apotex Corp. ("Apotex-US"), a US company that it indirectly owns and controls. Apotex-US's business is the sale in the United States of drugs produced by other Apotex companies, notably Apotex Inc. ("Apotex-Canada"), a Canadian generic drug manufacturer that Apotex Holdings also indirectly owns and controls. Due to the substantial investment of capital, know-how and expertise by Apotex Holdings, Apotex-US at the beginning of 2009 was one of the top generic drug companies in the United States in terms of sales volume.