Intercept Pharmaceuticals, Inc. Loss Submission Form

(i) Defendants downplayed the true scope and severity of safety concerns associated with the use of Ocaliva (obeticholic acid (“OCA”)), Intercept’s lead product candidate, in treating primary biliary cholangitis; (ii) the foregoing increased the likelihood of a U.S. Food and Drug Administration (“FDA”) investigation into Ocaliva’s development, thereby jeopardizing Ocaliva’s continued marketability and the sustainability of its sales; (iii) any purported benefits associated with OCA’s efficacy in treating nonalcoholic steatohepatitis (“NASH”) were outweighed by the risks of its use; (iv) as a result, the FDA was unlikely to approve the Company’s New Drug Application for OCA in treating patients with liver fibrosis due to NASH; and (v) as a result of all the foregoing, the Company’s public statements were materially false and misleading at all relevant times.