HAYWARD, Calif.--(BUSINESS WIRE)--
Impax Laboratories, Inc. (NASDAQ: IPXL) today reported
second quarter 2013 adjusted earnings per diluted share of $0.23,
compared to adjusted earnings of $0.61 for the same quarter of 2012. On
a GAAP basis, earnings per diluted share for the second quarter 2013
were $0.08, compared to $0.27 in the prior year period. The current
quarter decline was primarily the result of additional generic
competition on the Company’s authorized generic Adderall XR® products
and its fenofibrate products, as well as the loss of exclusivity in
mid-May 2013 for branded Zomig® tablet products which provided higher
profits in the prior year period compared to the current quarter. Refer
to the attached “Non-GAAP Financial Measures” for a reconciliation of
GAAP to non-GAAP items.
For the second quarter 2013, total revenues were $129.6 million,
compared to $166.5 million in the prior year period.
“We were able to offset some of the revenue decline by successfully
capturing sales and segment share with our non-AB rated oxymorphone
hydrochloride extended-release products during our 180-day exclusivity
period that expired in early July of this year,” said Larry Hsu, Ph.D.,
president and CEO, Impax Laboratories, Inc. “However, until we are able
to close out the warning letter at our Hayward facility, we expect
continued delays in receiving approval for a number of products pending
at the FDA that could drive future growth. The absence of new product
approvals, combined with additional generic competition and significant
segment erosion of Zomig’s two largest dosage forms, will likely result
in operating losses in the second half of this year.”
“We continue to implement quality improvements across our facilities and
remain committed to resolving all observations in the most recent Form
483 and exceeding current Good Manufacturing Practices. With a generic
pipeline of 44 products pending approval at the FDA and our pending New
Drug Application for RYTARYTM, as well as significant
financial resources available for strategic external opportunities, I
remain optimistic about the future of Impax,” concluded Dr. Hsu.
Adjusted earnings before interest, taxes, depreciation and amortization
(Adjusted EBITDA), was $36.2 million in the second quarter 2013,
compared to $73.6 million in the prior year period.
Cash and short-term investments increased $153.5 million to $452.4
million as of June 30, 2013, compared to $298.9 million as of December
31, 2012. The increase was primarily due to the receipt of a one-time
pre-tax payment of $102.0 million from Endo Pharmaceuticals in
connection with a previously announced settlement and license agreement,
and $48.0 million from Shire LLC in connection with the settlement of
litigation relating to supply of authorized generic Adderall XR products
to the Company under the terms of the License and Supply Agreement with
Shire.
Business Segment Information
The Company has two reportable segments, the Global Pharmaceuticals
Division (generic products & services) and the Impax Pharmaceuticals
Division (brand products & services) and does not allocate general
corporate services to either segment. All information presented is on a
GAAP basis unless otherwise noted as on an adjusted basis.
|
Global Pharmaceuticals Division Information
|
|
|
|
|
|
Three Months Ended
|
|
|
Six Months Ended
|
(unaudited, amounts in thousands)
|
|
|
June 30,
|
|
|
June 30,
|
|
|
|
2013
|
|
|
2012
|
|
|
2013
|
|
|
2012
|
Revenues:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Global Product sales, net
|
|
|
$
|
89,758
|
|
|
$
|
126,435
|
|
|
$
|
187,563
|
|
|
$
|
242,642
|
Rx Partner
|
|
|
|
3,668
|
|
|
|
2,466
|
|
|
|
6,781
|
|
|
|
5,444
|
Other revenues
|
|
|
|
539
|
|
|
|
4,167
|
|
|
|
1,258
|
|
|
|
8,247
|
Total revenues
|
|
|
|
93,965
|
|
|
|
133,068
|
|
|
|
195,602
|
|
|
|
256,333
|
Cost of revenues
|
|
|
|
54,727
|
|
|
|
70,478
|
|
|
|
116,171
|
|
|
|
133,584
|
Gross profit
|
|
|
|
39,238
|
|
|
|
62,590
|
|
|
|
79,431
|
|
|
|
122,749
|
Operating expenses:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Research and development
|
|
|
|
9,291
|
|
|
|
12,146
|
|
|
|
21,002
|
|
|
|
22,819
|
Patent litigation
|
|
|
|
4,304
|
|
|
|
2,914
|
|
|
|
8,582
|
|
|
|
6,952
|
Selling, general and administrative
|
|
|
|
3,882
|
|
|
|
3,262
|
|
|
|
8,926
|
|
|
|
7,579
|
Total operating expenses
|
|
|
|
17,477
|
|
|
|
18,322
|
|
|
|
38,510
|
|
|
|
37,350
|
Income from operations
|
|
|
$
|
21,761
|
|
|
$
|
44,268
|
|
|
$
|
40,921
|
|
|
$
|
85,399
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Gross margin
|
|
|
|
41.8%
|
|
|
|
47.0%
|
|
|
|
40.6%
|
|
|
|
47.9%
|
Adjusted gross profit (1)
|
|
|
$
|
46,641
|
|
|
$
|
63,597
|
|
|
$
|
102,235
|
|
|
$
|
129,977
|
Adjusted gross margin (1)
|
|
|
|
49.6%
|
|
|
|
47.8%
|
|
|
|
52.3%
|
|
|
|
50.7%
|
|
|
|
|
(1)
|
|
Adjusted gross profit is calculated as total revenues less adjusted
cost of revenues. Adjusted gross margin is calculated as adjusted
gross profit divided by total revenues. Refer to the attached
"Non-GAAP Financial Measures" for a reconciliation of GAAP to
non-GAAP items.
|
|
|
|
In the second quarter 2013, Global Product sales, net, were $89.8
million, compared to $126.4 million in the prior year period. The
decline was primarily due to lower sales of authorized generic Adderall
XR products and generic fenofibrate products as a result of additional
competition, partially offset by the January 2013 launch of the
Company’s non-AB rated generic oxymorphone hydrochloride
extended-release tablets.
Other revenues in the second quarter 2013 were $0.5 million, compared to
$4.2 million in the prior year period. The decline is primarily the
result of the extension of the revenue recognition period for the Joint
Development Agreement with Valeant Pharmaceuticals International, Inc.
(formerly Medicis Pharmaceutical Corporation) from November 2013 to
December 2014 due to changes in the estimated timing of completion of
certain research and development activities.
Gross profit in the second quarter 2013 was $39.2 million and gross
margin was 41.8%, compared to gross profit of $62.6 million and gross
margin of 47.0% in the prior year period. The decrease in gross profit
is due to lower sales of Global Products, as noted above, as well as an
increase in remediation costs related to the Hayward facility and the
inclusion of employee severance charges from the Company’s June 2013
workforce reduction. Adjusted gross profit in the second quarter 2013
was $46.6 million and adjusted gross margin was 49.6%. For the second
quarter 2012, adjusted gross profit was $63.6 million and adjusted gross
margin was 47.8%. The increase in adjusted gross margin is primarily due
to the higher margin sales of oxymorphone tablets during the exclusivity
period which expired in early July 2013 for which there was no
comparable amount in the prior year period.
Total Global Pharmaceuticals operating expenses in the second quarter
2013 decreased to $17.5 million, compared to $18.3 million in the prior
year period, primarily due to lower research and development expenses,
partially offset by higher patent litigation expenses.
|
Impax Pharmaceuticals Division Information
|
|
|
|
|
|
Three Months Ended
|
|
|
Six Months Ended
|
(unaudited, amounts in thousands)
|
|
|
June 30,
|
|
|
June 30,
|
|
|
|
2013
|
|
|
2012
|
|
|
2013
|
|
|
2012
|
Revenues:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Impax Product sales, net
|
|
|
$
|
35,334
|
|
|
$
|
28,091
|
|
|
$
|
81,855
|
|
|
$
|
28,091
|
Other revenues
|
|
|
|
332
|
|
|
|
5,301
|
|
|
|
663
|
|
|
|
10,604
|
Total revenues
|
|
|
|
35,666
|
|
|
|
33,392
|
|
|
|
82,518
|
|
|
|
38,695
|
Cost of revenues
|
|
|
|
16,017
|
|
|
|
18,159
|
|
|
|
45,190
|
|
|
|
21,068
|
Gross profit
|
|
|
|
19,649
|
|
|
|
15,233
|
|
|
|
37,328
|
|
|
|
17,627
|
Operating expenses:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Research and development
|
|
|
|
6,249
|
|
|
|
7,723
|
|
|
|
14,143
|
|
|
|
15,866
|
Selling, general and administrative
|
|
|
|
11,836
|
|
|
|
6,707
|
|
|
|
24,599
|
|
|
|
9,768
|
Total operating expenses
|
|
|
|
18,085
|
|
|
|
14,430
|
|
|
|
38,742
|
|
|
|
25,634
|
Income (loss) from operations
|
|
|
$
|
1,564
|
|
|
$
|
803
|
|
|
$
|
(1,414)
|
|
|
$
|
(8,007)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Gross margin
|
|
|
|
55.1%
|
|
|
|
45.6%
|
|
|
|
45.2%
|
|
|
|
45.6%
|
Adjusted gross profit (1)
|
|
|
$
|
25,444
|
|
|
$
|
29,560
|
|
|
$
|
54,852
|
|
|
$
|
31,954
|
Adjusted gross margin (1)
|
|
|
|
71.3%
|
|
|
|
88.5%
|
|
|
|
66.5%
|
|
|
|
82.6%
|
|
|
|
|
(1)
|
|
Adjusted gross profit is calculated as total revenues less adjusted
cost of revenues. Adjusted gross margin is calculated as adjusted
gross profit divided by total revenues. Refer to the attached
"Non-GAAP Financial Measures" for a reconciliation of GAAP to
non-GAAP items.
|
|
|
|
In the second quarter 2013, Impax Product sales, net, increased $7.2
million to $35.3 million, compared to $28.1 million in the prior year
period due to higher U.S. sales of Zomig. The U.S. exclusivity on Zomig
tablets and orally disintegrating tablets expired on May 14, 2013. These
two dosage forms represented approximately 85% of the Company’s second
quarter 2013 sales of Zomig products. Following the loss of exclusivity,
several generic competitors launched products that have significantly
impacted sales of these two dosage forms. The Company launched an
authorized generic version of both products upon loss of exclusivity.
Impax Pharmaceuticals continues to commercialize the Zomig nasal spray
which has U.S. patents expiring as late as May 2021.
Other revenues in the second quarter 2013 declined to $0.3 million,
compared to $5.3 million in the prior year period. This decrease was due
to a $3.5 million decline in promotional partner revenues as the
Company’s detailing for Pfizer’s product Lyrica® ended on
June 30, 2012 and a $1.4 million decline related to the December 31,
2012 completion of the 24 month amortization period of the $11.5 million
up-front payment received under the License, Development and
Commercialization Agreement with Glaxo Group Limited.
Gross profit in the second quarter 2013 increased to $19.6 million,
compared to $15.2 million in the prior year period. Gross margin in the
second quarter 2013 increased to 55.1%, compared to 45.6% in the prior
year period. The increase in gross profit and gross margin in the second
quarter 2013 was primarily the result of a decrease in cost of revenues
related to charges for the Company’s branded products sales force that
were incurred during the prior year period, for which there were no
similar amounts included in cost of revenues in the current year period,
as well as the commencement of sales of Impax-labeled Zomig products
during 2012. Charges for the branded products sales force had been
included as a component of cost of revenues in the prior year period (as
of July 1, 2012, a component of selling, general and administrative
expenses) as the sales force was previously engaged in providing
co-promotion services to Pfizer as noted above. Adjusted gross profit in
the second quarter 2013 decreased to $25.4 million and gross margin was
71.3%, compared to adjusted gross profit of $29.6 million and gross
margin of 88.5% in the prior year period. The decline in adjusted gross
profit and gross margin is due to the payment of royalties to
AstraZeneca beginning January 1, 2013, on branded sales of Zomig under
the terms of the AstraZeneca Agreement.
Total Impax Pharmaceuticals operating expenses in the second quarter
2013 increased to $18.1 million, compared to $14.4 million in the prior
year period, primarily due to the expansion of the sales and marketing
group during the third and fourth quarters of 2012 to support the
previously anticipated launch of RYTARYTM, partially offset
by lower research and development expenses.
|
|
|
|
|
|
|
Corporate and Other
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Three Months Ended
|
|
|
Six Months Ended
|
(unaudited, amounts in thousands)
|
|
|
June 30,
|
|
|
June 30,
|
|
|
|
2013
|
|
|
2012
|
|
|
2013
|
|
|
2012
|
General and administrative expenses
|
|
|
$
|
17,557
|
|
|
|
$
|
14,901
|
|
|
|
$
|
29,468
|
|
|
|
$
|
28,756
|
|
Loss from operations
|
|
|
$
|
(17,557
|
)
|
|
|
$
|
(14,901
|
)
|
|
|
$
|
(29,468
|
)
|
|
|
$
|
(28,756
|
)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
General and administrative expenses in the second quarter 2013 increased
to $17.6 million, compared to $14.9 million in the prior year period.
The increase is primarily due to higher employee severance costs of $5.4
million in the second quarter 2013 compared to $1.9 million in the prior
year period, partially offset by lower corporate legal fees. Excluding
the severance charges, adjusted general and administrative expenses in
the second quarter 2013 decreased to $12.2 million, compared to $13.0
million in the prior year period due to lower corporate legal fees.
2013 Financial Guidance
Impax’s estimates are based on the actual results for the first six
months ended June 30, 2013, and management’s current belief about
prescription trends, pricing levels, inventory levels and the
anticipated timing of future product launches and events. The Company
updated its estimated adjusted 2013 financial guidance as noted below.
-
UPDATED – Gross margins as a percent of total revenues is expected to
be in the mid to upper 40% range (previously mid 40% range).
-
UPDATED – Total R&D expenses across the generic and brand divisions of
approximately $80.0 million to $87.0 million (previously $87.0 million
to $95.0 million); generic R&D expenses of approximately $45.0 million
to $49.0 million (previously $49.0 million to $53.0 million) and brand
R&D expenses of approximately $35.0 million to $38.0 million
(previously $38.0 million to $42.0 million).
-
UPDATED – Patent litigation expenses of approximately $12.0 million to
$15.0 million (previously $10.0 million to $12.0 million).
-
UPDATED – SG&A expenses of approximately $113.0 million to $118.0
million (previously $115.0 million to $120.0 million).
-
Amortization expense of approximately $14.0 million. Approximate 2013
quarterly impact on cost of goods sold: first quarter $7.0 million,
second quarter $5.0 million, third quarter $1.0 million and fourth
quarter $1.0 million.
-
Effective tax rate of approximately 32% to 34% on a GAAP basis. The
Company anticipates that its non-GAAP effective tax rate may
experience volatility as the Company’s tax benefits may be high
compared to the Company’s operating income or loss.
Conference Call Information
The Company will host a conference call on August 8, 2013 at 4:30 p.m.
EDT to discuss its results. The call can also be accessed via a live
Webcast through the Investor Relations section of the Company’s Web
site, www.impaxlabs.com.
The number to call from within the United States is (877) 356-3814 and
(706) 758-0033 internationally. The conference ID is 16817849. A replay
of the conference call will be available shortly after the call for a
period of seven days. To access the replay, dial (855) 859-2056 (in the
U.S.) and (404) 537-3406 (international callers).
About Impax Laboratories, Inc.
Impax Laboratories, Inc. (Impax) is a technology based specialty
pharmaceutical company applying its formulation expertise and drug
delivery technology to the development of controlled-release and
specialty generics in addition to the development of central nervous
system disorder branded products. Impax markets its generic products
through its Global Pharmaceuticals division and markets its branded
products through the Impax Pharmaceuticals division. Additionally, where
strategically appropriate, Impax develops marketing partnerships to
fully leverage its technology platform and pursues partnership
opportunities that offer alternative dosage form technologies, such as
injectables, nasal sprays, inhalers, patches, creams and ointments. For
more information, please visit the Company's Web site at: www.impaxlabs.com.
"Safe Harbor" statement under the Private Securities Litigation
Reform Act of 1995:
To the extent any statements made in this news release contain
information that is not historical, these statements are forward-looking
in nature and express the beliefs and expectations of management. Such
statements are based on current expectations and involve a number of
known and unknown risks and uncertainties that could cause the Company’s
future results, performance or achievements to differ significantly from
the results, performance or achievements expressed or implied by such
forward-looking statements. Such risks and uncertainties include, but
are not limited to, the effect of current economic conditions on the
Company’s industry, business, financial position and results of
operations, fluctuations in revenues and operating income, the Company’s
ability to promptly correct the issues raised in the warning letter and
Form 483 observations received from the FDA, the Company’s ability to
successfully develop and commercialize pharmaceutical products in a
timely manner, reductions or loss of business with any significant
customer, the impact of consolidation of the Company’s customer base,
the impact of competition, the Company’s ability to sustain
profitability and positive cash flows, any delays or unanticipated
expenses in connection with the operation of the Company’s Taiwan
facility, the effect of foreign economic, political, legal and other
risks on the Company’s operations abroad, the uncertainty of patent
litigation, the increased government scrutiny on the Company’s
agreements with brand pharmaceutical companies, consumer acceptance and
demand for new pharmaceutical products, the impact of market perceptions
of the Company and the safety and quality of the Company’s products, the
difficulty of predicting FDA filings and approvals, the Company’s
ability to achieve returns on its investments in research and
development activities, the Company’s inexperience in conducting
clinical trials and submitting new drug applications, the Company’s
ability to successfully conduct clinical trials, the Company’s reliance
on third parties to conduct clinical trials and testing, impact of
illegal distribution and sale by third parties of counterfeits or stolen
products, the availability of raw materials and impact of interruptions
in the Company’s supply chain, the use of controlled substances in the
Company’s products, disruptions or failures in the Company’s information
technology systems and network infrastructure, the Company’s reliance on
alliance and collaboration agreements, the Company’s dependence on
certain employees, the Company’s ability to comply with legal and
regulatory requirements governing the healthcare industry, the
regulatory environment, the Company’s ability to protect its
intellectual property, exposure to product liability claims, changes in
tax regulations, the Company’s ability to manage growth, including
through potential acquisitions, the restrictions imposed by the
Company’s credit facility, uncertainties involved in the preparation of
the Company’s financial statements, the Company’s ability to maintain an
effective system of internal control over financial reporting, the
effect of terrorist attacks on the Company’s business, the location of
the Company’s manufacturing and research and development facilities near
earthquake fault lines and other risks described in the Company’s
periodic reports filed with the Securities and Exchange
Commission. Forward-looking statements speak only as to the date on
which they are made, and the Company undertakes no obligation to update
publicly or revise any forward-looking statement, regardless of whether
new information becomes available, future developments occur or
otherwise.
|
Impax Laboratories, Inc.
|
Consolidated Statements of Operations
|
(unaudited, amounts in thousands, except share and per share
data)
|
|
|
|
|
|
Three Months Ended
|
|
|
Six Months Ended
|
|
|
|
June 30,
|
|
|
June 30,
|
|
|
|
2013
|
|
|
2012
|
|
|
2013
|
|
|
2012
|
Revenues:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Global Pharmaceuticals Division
|
|
|
$
|
93,965
|
|
|
|
$
|
133,068
|
|
|
|
$
|
195,602
|
|
|
|
$
|
256,333
|
|
Impax Pharmaceuticals Division
|
|
|
|
35,666
|
|
|
|
|
33,392
|
|
|
|
|
82,518
|
|
|
|
|
38,695
|
|
Total revenues
|
|
|
|
129,631
|
|
|
|
|
166,460
|
|
|
|
|
278,120
|
|
|
|
|
295,028
|
|
Cost of revenues
|
|
|
|
70,744
|
|
|
|
|
88,637
|
|
|
|
|
161,361
|
|
|
|
|
154,652
|
|
Gross profit
|
|
|
|
58,887
|
|
|
|
|
77,823
|
|
|
|
|
116,759
|
|
|
|
|
140,376
|
|
Operating expenses:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Research and development
|
|
|
|
15,540
|
|
|
|
|
19,869
|
|
|
|
|
35,145
|
|
|
|
|
38,685
|
|
Patent litigation
|
|
|
|
4,304
|
|
|
|
|
2,914
|
|
|
|
|
8,582
|
|
|
|
|
6,952
|
|
Selling, general and administrative
|
|
|
|
33,275
|
|
|
|
|
24,870
|
|
|
|
|
62,993
|
|
|
|
|
46,103
|
|
Total operating expenses
|
|
|
|
53,119
|
|
|
|
|
47,653
|
|
|
|
|
106,720
|
|
|
|
|
91,740
|
|
Income from operations
|
|
|
|
5,768
|
|
|
|
|
30,170
|
|
|
|
|
10,039
|
|
|
|
|
48,636
|
|
Other income (expense), net
|
|
|
|
2,997
|
|
|
|
|
(57
|
)
|
|
|
|
152,453
|
|
|
|
|
(105
|
)
|
Interest income
|
|
|
|
315
|
|
|
|
|
244
|
|
|
|
|
591
|
|
|
|
|
499
|
|
Interest expense
|
|
|
|
(45
|
)
|
|
|
|
(423
|
)
|
|
|
|
(328
|
)
|
|
|
|
(462
|
)
|
Income before income taxes
|
|
|
|
9,035
|
|
|
|
|
29,934
|
|
|
|
|
162,755
|
|
|
|
|
48,568
|
|
Provision for income taxes
|
|
|
|
3,416
|
|
|
|
|
11,262
|
|
|
|
|
51,694
|
|
|
|
|
17,531
|
|
Net income
|
|
|
$
|
5,619
|
|
|
|
$
|
18,672
|
|
|
|
$
|
111,061
|
|
|
|
$
|
31,037
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net Income per share:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Basic
|
|
|
$
|
0.08
|
|
|
|
$
|
0.29
|
|
|
|
$
|
1.67
|
|
|
|
$
|
0.48
|
|
Diluted
|
|
|
$
|
0.08
|
|
|
|
$
|
0.27
|
|
|
|
$
|
1.62
|
|
|
|
$
|
0.46
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Weighted average common shares outstanding:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Basic
|
|
|
|
66,748,864
|
|
|
|
|
65,482,700
|
|
|
|
|
66,618,889
|
|
|
|
|
65,289,869
|
|
Diluted
|
|
|
|
68,287,948
|
|
|
|
|
67,954,573
|
|
|
|
|
68,382,004
|
|
|
|
|
68,064,934
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Impax Laboratories, Inc.
|
Condensed Consolidated Balance Sheets
|
(unaudited, amounts in thousands)
|
|
|
|
|
|
June 30, 2013
|
|
|
December 31, 2012
|
Assets
|
|
|
|
|
|
|
|
|
Current assets:
|
|
|
|
|
|
|
|
|
Cash and cash equivalents
|
|
|
$
|
222,983
|
|
|
$
|
142,162
|
Short-term investments
|
|
|
|
229,427
|
|
|
|
156,756
|
Accounts receivable, net
|
|
|
|
103,480
|
|
|
|
92,249
|
Inventory, net
|
|
|
|
85,763
|
|
|
|
89,764
|
Deferred income taxes
|
|
|
|
45,181
|
|
|
|
42,529
|
Prepaid expenses and other assets
|
|
|
|
8,909
|
|
|
|
22,083
|
Total current assets
|
|
|
|
695,743
|
|
|
|
545,543
|
Property, plant and equipment, net
|
|
|
|
179,128
|
|
|
|
180,758
|
Other assets
|
|
|
|
72,756
|
|
|
|
62,145
|
Intangible assets, net
|
|
|
|
34,583
|
|
|
|
47,950
|
Goodwill
|
|
|
|
27,574
|
|
|
|
27,574
|
Total assets
|
|
|
$
|
1,009,784
|
|
|
$
|
863,970
|
|
|
|
|
|
|
|
|
|
Liabilities and Stockholders' Equity
|
|
|
|
|
|
|
|
|
Current liabilities:
|
|
|
|
|
|
|
|
|
Accounts payable and accrued expenses
|
|
|
$
|
147,384
|
|
|
$
|
134,082
|
Accrued profit sharing and royalty expenses
|
|
|
|
15,556
|
|
|
|
4,936
|
Deferred revenue
|
|
|
|
4,453
|
|
|
|
6,277
|
Total current liabilities
|
|
|
|
167,393
|
|
|
|
145,295
|
Deferred revenue
|
|
|
|
5,961
|
|
|
|
6,362
|
Other liabilities
|
|
|
|
24,256
|
|
|
|
21,210
|
Total liabilities
|
|
|
|
197,610
|
|
|
|
172,867
|
Total stockholders' equity
|
|
|
|
812,174
|
|
|
|
691,103
|
Total liabilities and stockholders' equity
|
|
|
$
|
1,009,784
|
|
|
$
|
863,970
|
|
|
|
|
|
|
|
|
|
|
Impax Laboratories, Inc.
Consolidated Statements of Cash Flows
(unaudited, amounts in thousands)
|
|
|
|
|
|
Six Months Ended June 30,
|
|
|
|
2013
|
|
|
2012
|
Cash flows from operating activities:
|
|
|
|
|
|
|
|
|
|
|
Net income
|
|
|
$
|
111,061
|
|
|
|
$
|
31,037
|
|
Adjustments to reconcile net income to net cash provided by
operating activities:
|
|
|
|
|
|
|
|
|
|
|
Depreciation and amortization
|
|
|
|
24,179
|
|
|
|
|
21,976
|
|
Provision for inventory reserves
|
|
|
|
22,529
|
|
|
|
|
4,602
|
|
Accretion of interest income on short-term investments
|
|
|
|
(335
|
)
|
|
|
|
(318
|
)
|
Deferred income taxes (benefit)
|
|
|
|
(6,871
|
)
|
|
|
|
(31,824
|
)
|
Tax benefit related to the exercise of employee stock options
|
|
|
|
(446
|
)
|
|
|
|
(2,338
|
)
|
Deferred revenue
|
|
|
|
-
|
|
|
|
|
931
|
|
Deferred product manufacturing costs
|
|
|
|
-
|
|
|
|
|
(1,574
|
)
|
Recognition of deferred revenue
|
|
|
|
(2,226
|
)
|
|
|
|
(12,320
|
)
|
Amortization of deferred product manufacturing costs
|
|
|
|
-
|
|
|
|
|
1,709
|
|
Accrued profit sharing and royalty expense
|
|
|
|
38,011
|
|
|
|
|
58,445
|
|
Payments of profit sharing and royalty expense
|
|
|
|
(27,392
|
)
|
|
|
|
(66,226
|
)
|
Share-based compensation expense
|
|
|
|
10,503
|
|
|
|
|
8,323
|
|
Changes in assets and liabilities:
|
|
|
|
|
|
|
|
|
|
|
Accounts receivable
|
|
|
|
(11,231
|
)
|
|
|
|
10,326
|
|
Inventory
|
|
|
|
(19,210
|
)
|
|
|
|
(13,517
|
)
|
Prepaid expenses and other assets
|
|
|
|
6,886
|
|
|
|
|
(9,046
|
)
|
Accounts payable and accrued expenses
|
|
|
|
21,381
|
|
|
|
|
39,712
|
|
Other liabilities
|
|
|
|
1,596
|
|
|
|
|
3,591
|
|
Net cash provided by operating activities
|
|
|
$
|
168,435
|
|
|
|
$
|
43,489
|
|
Cash flows from investing activities:
|
|
|
|
|
|
|
|
|
|
|
Purchase of short-term investments
|
|
|
|
(220,284
|
)
|
|
|
|
(104,869
|
)
|
Maturities of short-term investments
|
|
|
|
147,948
|
|
|
|
|
177,331
|
|
Purchases of property, plant and equipment
|
|
|
|
(20,075
|
)
|
|
|
|
(24,971
|
)
|
Payment for product licensing rights, net
|
|
|
|
-
|
|
|
|
|
(19,160
|
)
|
Net cash (used in) provided by investing activities
|
|
|
|
(92,411
|
)
|
|
|
|
28,331
|
|
Cash flows from financing activities:
|
|
|
|
|
|
|
|
|
|
|
Proceeds from exercise of stock options and ESPP
|
|
|
|
4,351
|
|
|
|
|
6,055
|
|
Tax benefit related to the exercise of employee stock options and
restricted stock
|
|
|
|
446
|
|
|
|
|
2,338
|
|
Net cash provided by financing activities
|
|
|
|
4,797
|
|
|
|
|
8,393
|
|
Net increase in cash and cash equivalents
|
|
|
|
80,821
|
|
|
|
|
80,213
|
|
Cash and cash equivalents, beginning of period
|
|
|
|
142,162
|
|
|
|
|
104,419
|
|
Cash and cash equivalents, end of period
|
|
|
$
|
222,983
|
|
|
|
$
|
184,632
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Impax Laboratories, Inc.
|
Non-GAAP Financial Measures
|
|
Total adjusted net income, adjusted net income per diluted share and
adjusted EBITDA are not measures of financial performance under
generally accepted accounting principles (GAAP) and should not be
construed as substitutes for, or superior to, GAAP net income, and
net income per diluted share as a measure of financial performance.
However, management uses both GAAP financial measures and the
disclosed non-GAAP financial measures internally to evaluate and
manage the Company’s operations and to better understand its
business. Further, management believes the inclusion of non-GAAP
financial measures provides meaningful supplementary information to
and facilitates analysis by investors in evaluating the Company’s
financial performance, results of operations and trends. The
Company’s calculation of adjusted net income, adjusted net income
per diluted share and adjusted EBITDA, may not be comparable to
similarly designated measures reported by other companies, since
companies and investors may differ as to what type of events warrant
adjustment.
|
|
The following table reconciles reported net income to adjusted net
income.
|
|
|
|
|
|
|
|
|
|
|
|
Three months ended
|
|
|
Six months ended
|
(Unaudited, amounts in thousands, except per share data)
|
|
|
June 30,
|
|
|
June 30,
|
|
|
|
2013
|
|
|
2012
|
|
|
2013
|
|
|
2012
|
Net income
|
|
|
$
|
5,619
|
|
|
|
$
|
18,672
|
|
|
|
$
|
111,061
|
|
|
|
$
|
31,037
|
|
Adjusted to add (deduct):
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Amortization and acquisition-related costs (a)
|
|
|
|
6,225
|
|
|
|
|
14,327
|
|
|
|
|
13,367
|
|
|
|
|
14,327
|
|
Hayward facility remediation costs (b)
|
|
|
|
4,562
|
|
|
|
|
1,007
|
|
|
|
|
6,498
|
|
|
|
|
1,975
|
|
Employee severance (c)
|
|
|
|
7,988
|
|
|
|
|
1,926
|
|
|
|
|
7,988
|
|
|
|
|
1,926
|
|
Payments received from litigation settlement (d)
|
|
|
|
(3,000
|
)
|
|
|
|
-
|
|
|
|
|
(153,049
|
)
|
|
|
|
-
|
|
Provision for inventory reserve (e)
|
|
|
|
-
|
|
|
|
|
-
|
|
|
|
|
18,053
|
|
|
|
|
5,253
|
|
R&D partner milestone payment (f)
|
|
|
|
-
|
|
|
|
|
-
|
|
|
|
|
2,000
|
|
|
|
|
-
|
|
Loss on asset disposal (g)
|
|
|
|
-
|
|
|
|
|
-
|
|
|
|
|
881
|
|
|
|
|
-
|
|
Gross profit earned on Zomig® Agreement (h)
|
|
|
|
-
|
|
|
|
|
16,200
|
|
|
|
|
-
|
|
|
|
|
46,200
|
|
Acquisition related in process R&D (i)
|
|
|
|
-
|
|
|
|
|
1,550
|
|
|
|
|
-
|
|
|
|
|
1,550
|
|
Income tax effect
|
|
|
|
(5,476
|
)
|
|
|
|
(12,039
|
)
|
|
|
|
34,401
|
|
|
|
|
(24,507
|
)
|
Adjusted net income
|
|
|
$
|
15,918
|
|
|
|
$
|
41,643
|
|
|
|
$
|
41,200
|
|
|
|
$
|
77,761
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Adjusted net income per diluted share
|
|
|
$
|
0.23
|
|
|
|
$
|
0.61
|
|
|
|
$
|
0.60
|
|
|
|
$
|
1.14
|
|
Net income per diluted share
|
|
|
$
|
0.08
|
|
|
|
$
|
0.27
|
|
|
|
$
|
1.62
|
|
|
|
$
|
0.46
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Impax Laboratories, Inc.
Non-GAAP Financial Measures
|
|
The following table reconciles reported net income to adjusted
EBITDA.
|
|
|
|
|
Three months ended
|
|
|
Six months ended
|
(Unaudited, amounts in thousands)
|
|
|
June 30,
|
|
|
June 30,
|
|
|
|
2013
|
|
|
2012
|
|
|
2013
|
|
|
2012
|
Net income
|
|
|
$
|
5,619
|
|
|
|
$
|
18,672
|
|
|
|
$
|
111,061
|
|
|
|
$
|
31,037
|
|
Adjusted to add (deduct):
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Interest income
|
|
|
|
(315
|
)
|
|
|
|
(244
|
)
|
|
|
|
(591
|
)
|
|
|
|
(499
|
)
|
Interest expense
|
|
|
|
45
|
|
|
|
|
423
|
|
|
|
|
328
|
|
|
|
|
462
|
|
Depreciation and other
|
|
|
|
5,556
|
|
|
|
|
3,919
|
|
|
|
|
10,812
|
|
|
|
|
7,649
|
|
Income taxes
|
|
|
|
3,416
|
|
|
|
|
11,262
|
|
|
|
|
51,694
|
|
|
|
|
17,531
|
|
EBITDA
|
|
|
|
14,321
|
|
|
|
|
34,032
|
|
|
|
|
173,304
|
|
|
|
|
56,180
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Adjusted to add (deduct):
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Amortization and acquisition-related costs (a)
|
|
|
|
6,225
|
|
|
|
|
14,327
|
|
|
|
|
13,367
|
|
|
|
|
14,327
|
|
Hayward facility remediation costs (b)
|
|
|
|
4,562
|
|
|
|
|
1,007
|
|
|
|
|
6,498
|
|
|
|
|
1,975
|
|
Employee severance (c)
|
|
|
|
7,988
|
|
|
|
|
1,926
|
|
|
|
|
7,988
|
|
|
|
|
1,926
|
|
Payments received from litigation settlement (d)
|
|
|
|
(3,000
|
)
|
|
|
|
-
|
|
|
|
|
(153,049
|
)
|
|
|
|
-
|
|
Provision for inventory reserve (e)
|
|
|
|
-
|
|
|
|
|
-
|
|
|
|
|
18,053
|
|
|
|
|
5,253
|
|
R&D partner milestone payment (f)
|
|
|
|
-
|
|
|
|
|
-
|
|
|
|
|
2,000
|
|
|
|
|
-
|
|
Loss on asset disposal (g)
|
|
|
|
-
|
|
|
|
|
-
|
|
|
|
|
881
|
|
|
|
|
-
|
|
Gross profit earned on Zomig® Agreement (h)
|
|
|
|
-
|
|
|
|
|
16,200
|
|
|
|
|
-
|
|
|
|
|
46,200
|
|
Acquisition related in process R&D (i)
|
|
|
|
-
|
|
|
|
|
1,550
|
|
|
|
|
-
|
|
|
|
|
1,550
|
|
Share-based compensation
|
|
|
|
6,144
|
|
|
|
|
4,514
|
|
|
|
|
10,503
|
|
|
|
|
8,323
|
|
Adjusted EBITDA
|
|
|
$
|
36,240
|
|
|
|
$
|
73,556
|
|
|
|
$
|
79,545
|
|
|
|
$
|
135,734
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(a)
|
|
Amortization and acquisition-related costs from the January 2012
AstraZeneca Agreement and the June 2012 Development, Distribution
and Supply Agreement with TOLMAR, Inc.
|
(b)
|
|
Remediation costs relating to the Hayward, CA. manufacturing
facility.
|
(c)
|
|
Charges associated with the June 2013 announcements of a workforce
reduction and Dr. Hsu’s retirement.
|
(d)
|
|
Settlement of litigation (included in “Other income (expense), net”
on the Consolidated Statements of Operations).
|
(e)
|
|
An inventory reserve charge relating to discontinued products, a
reserve of pre-launch inventory for RYTARYTM and other
generic products as a result of the delay in the anticipated
regulatory approvals.
|
(f)
|
|
Milestone payment under the terms of a research and development
partnership agreement.
|
(g)
|
|
Included in “Other income (expense), net” on the Consolidated
Statements of Operations.
|
(h)
|
|
During the product transition period, the Company received the
benefit of the gross profit from U.S. Zomig® sales commencing from
January 1, 2012 and ending when the Company commenced
commercialization of the Zomig products. The benefit of the gross
profit received from AstraZeneca was recorded as a reduction of the
$130.0 million paid by the Company to AstraZeneca during 2012 and
was not reflected within the Company’s income but included in the
Company’s adjusted net income.
|
(i)
|
|
Acquisition related in-process R&D from the June 2012 Development,
Distribution and Supply Agreement with TOLMAR, Inc.
|
|
|
|
|
Impax Laboratories, Inc.
|
Non-GAAP Financial Measures
|
|
The following table reconciles total Company reported cost of
revenues, research and development expenses and selling, general and
administrative expenses to adjusted cost of revenues, adjusted
research and development expenses and adjusted selling, general and
administrative expenses.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Three months ended
|
|
|
Six months ended
|
(Unaudited, amounts in millions)
|
|
|
June 30,
|
|
|
June 30,
|
|
|
|
2013
|
|
|
2012
|
|
|
2013
|
|
|
2012
|
Cost of revenues
|
|
|
$
|
70,744
|
|
|
$
|
88,637
|
|
|
$
|
161,361
|
|
|
$
|
154,652
|
Adjusted to deduct:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Amortization and acquisition-related costs
|
|
|
|
6,225
|
|
|
|
14,327
|
|
|
|
13,367
|
|
|
|
14,327
|
Hayward facility remediation costs
|
|
|
|
4,562
|
|
|
|
1,007
|
|
|
|
6,498
|
|
|
|
1,975
|
Employee severance
|
|
|
|
2,411
|
|
|
|
-
|
|
|
|
2,411
|
|
|
|
-
|
Provision for inventory reserve
|
|
|
|
-
|
|
|
|
-
|
|
|
|
18,053
|
|
|
|
5,253
|
Adjusted cost of revenues
|
|
|
$
|
57,546
|
|
|
$
|
73,303
|
|
|
$
|
121,032
|
|
|
$
|
133,097
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Adjusted gross profit (1)
|
|
|
$
|
72,085
|
|
|
$
|
93,157
|
|
|
$
|
157,088
|
|
|
$
|
161,931
|
Adjusted gross margin (1)
|
|
|
|
55.6%
|
|
|
|
56.0%
|
|
|
|
56.5%
|
|
|
|
54.9%
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Research and development expenses
|
|
|
$
|
15,540
|
|
|
$
|
19,869
|
|
|
$
|
35,145
|
|
|
$
|
38,685
|
Adjusted to deduct:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Employee severance
|
|
|
|
91
|
|
|
|
-
|
|
|
|
91
|
|
|
|
-
|
Acquisition related in process R&D
|
|
|
|
-
|
|
|
|
1,550
|
|
|
|
-
|
|
|
|
1,550
|
R&D partner milestone payment
|
|
|
|
-
|
|
|
|
-
|
|
|
|
2,000
|
|
|
|
-
|
Adjusted research and development expenses
|
|
|
$
|
15,449
|
|
|
$
|
18,319
|
|
|
$
|
33,054
|
|
|
$
|
37,135
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Selling, general and administrative expenses
|
|
|
$
|
33,275
|
|
|
$
|
24,870
|
|
|
$
|
62,993
|
|
|
$
|
46,103
|
Adjusted to deduct:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Employee severance
|
|
|
|
5,486
|
|
|
|
1,926
|
|
|
|
5,486
|
|
|
|
1,926
|
Adjusted selling, general and administrative expenses
|
|
|
$
|
27,789
|
|
|
$
|
22,944
|
|
|
$
|
57,507
|
|
|
$
|
44,177
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(1)
|
|
Adjusted gross profit is calculated as total revenues less adjusted
cost of revenues. Adjusted gross margin is calculated as adjusted
gross margin divided by total revenues.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Impax Laboratories, Inc.
Non-GAAP Financial Measures
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
The following table reconciles Global Pharmaceuticals reported
cost of revenues to adjusted cost of revenues.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Three months ended
|
|
|
Six months ended
|
(unaudited, amounts in thousands)
|
|
|
June 30,
|
|
|
June 30,
|
|
|
|
2013
|
|
|
2012
|
|
|
2013
|
|
|
2012
|
Cost of revenues
|
|
|
$
|
54,727
|
|
|
$
|
70,478
|
|
|
$
|
116,171
|
|
|
$
|
133,584
|
Adjusted to deduct:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Amortization and acquisition-related costs
|
|
|
|
430
|
|
|
|
-
|
|
|
|
859
|
|
|
|
-
|
Hayward facility remediation costs
|
|
|
|
4,562
|
|
|
|
1,007
|
|
|
|
6,498
|
|
|
|
1,975
|
Employee severance
|
|
|
|
2,411
|
|
|
|
-
|
|
|
|
2,411
|
|
|
|
-
|
Provision for inventory reserve
|
|
|
|
-
|
|
|
|
-
|
|
|
|
13,036
|
|
|
|
5,253
|
Adjusted cost of revenues
|
|
|
$
|
47,324
|
|
|
$
|
69,471
|
|
|
$
|
93,367
|
|
|
$
|
126,356
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Adjusted gross profit (1)
|
|
|
$
|
46,641
|
|
|
$
|
63,597
|
|
|
$
|
102,235
|
|
|
$
|
129,977
|
Adjusted gross margin (1)
|
|
|
|
49.6%
|
|
|
|
47.8%
|
|
|
|
52.3%
|
|
|
|
50.7%
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
The following table reconciles Impax Pharmaceuticals reported cost
of revenues to adjusted cost of revenues.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Three months ended
|
|
|
Six months ended
|
(unaudited, amounts in thousands)
|
|
|
June 30,
|
|
|
June 30,
|
|
|
|
2013
|
|
|
2012
|
|
|
2013
|
|
|
2012
|
Cost of revenues
|
|
|
$
|
16,017
|
|
|
$
|
18,159
|
|
|
$
|
45,190
|
|
|
$
|
21,068
|
Adjusted to deduct:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Amortization and acquisition-related costs
|
|
|
|
5,795
|
|
|
|
14,327
|
|
|
|
12,507
|
|
|
|
14,327
|
Provision for inventory reserve
|
|
|
|
-
|
|
|
|
-
|
|
|
|
5,017
|
|
|
|
-
|
Adjusted cost of revenues
|
|
|
$
|
10,222
|
|
|
$
|
3,832
|
|
|
$
|
27,666
|
|
|
$
|
6,741
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Adjusted gross profit (1)
|
|
|
$
|
25,444
|
|
|
$
|
29,560
|
|
|
$
|
54,852
|
|
|
$
|
31,954
|
Adjusted gross margin (1)
|
|
|
|
71.3%
|
|
|
|
88.5%
|
|
|
|
66.5%
|
|
|
|
82.6%
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(1)
|
|
Adjusted gross profit is calculated as total revenues less adjusted
cost of revenues. Adjusted gross margin is calculated as adjusted
gross margin divided by total revenues.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Impax Laboratories, Inc.
Non-GAAP Financial Measures
|
|
|
|
|
|
|
|
|
|
|
|
The following table reconciles Corporate general and
administrative expenses to adjusted general and administrative
expenses.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Three months ended
|
|
|
Six months ended
|
(unaudited, amounts in thousands)
|
|
|
June 30,
|
|
|
June 30,
|
|
|
|
2013
|
|
|
2012
|
|
|
2013
|
|
|
2012
|
General and administrative expenses
|
|
|
$
|
17,557
|
|
|
$
|
14,901
|
|
|
$
|
29,468
|
|
|
$
|
28,756
|
Adjusted to deduct:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Employee severance
|
|
|
|
5,388
|
|
|
|
1,926
|
|
|
|
5,388
|
|
|
|
1,926
|
Adjusted general and administrative expenses
|
|
|
$
|
12,169
|
|
|
$
|
12,975
|
|
|
$
|
24,080
|
|
|
$
|
26,830
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|

Source: Impax Laboratories, Inc.