EX-99.1 2 c99861exv99w1.htm PRESS RELEASE exv99w1
 

Exhibit 99.1
At the Company:
Akorn, Inc.
Arthur S. Przybyl
President and CEO
(847) 279-6100
FOR IMMEDIATE RELEASE
Akorn, Inc. Reports Third Quarter 2005 Financial Results;
Expands Business Development Activities
Buffalo Grove, IL, November 7, 2005 – Akorn, Inc. (AMEX: AKN) today announced net sales of $11.0 million for the third quarter ended September 30, 2005 vs. $15.4 million in the comparable prior year period. The revenue shortfall as compared to last year’s third quarter was primarily due to IC-Green and Cyanide Antidote kit sales. IC-Green sales last year were positively impacted by stocking orders in anticipation of a planned manufacturing room shutdown for upgrade renovations by our third party contract manufacturer and Cyanide kit sales were positively impacted by one-time government orders.
For the third quarter ended September 30, 2005, the Company realized a gross profit of $3.7 million. On a year-over-year basis, Akorn improved its cash flow from operations. Net cash provided by (used in) operating activities for the third quarter and nine months ended September 30, 2005 were $2.7 million and $0.6 million, vs. ($0.7) million and ($1.9) million in the comparable prior year periods.
Highlights for the Third Quarter 2005 include:
    The receipt of a Public Pre-Solicitation Notice from the Department of Health and Human Services (HHS) for the procurement of Calcium-DTPA and Zinc-DTPA. In early October 2005, the Pre-Solicitation Notice was supplemented by a Request for Proposal (RFP). The RFP provides for initial order quantities of 450,000 units of DTPA as well as an option to purchase an additional one million units of DTPA.
    The Food and Drug Administration (FDA) conducted an inspection in August 2005 of the Decatur, IL manufacturing facility. At the conclusion of this inspection, a Form 483 Notice of Findings was issued. The inspection results remain under review by the FDA.
    The signing of a consulting agreement with Drs. Elias Reichel and Brandon Busbee to develop AK-1015, a unique formulation of a therapeutic agent for ophthalmic surgeries or office-based procedures.

 


 

    The renewal of a Credit Agreement with LaSalle Bank National Association. The renewal extends the existing Agreement for an additional three years and increases the Revolving Commitment amount from $5.0 million to $10.0 million.
Arthur S. Przybyl, Akorn’s President and Chief Executive Officer stated, “We continue to work on our primary business objectives:
  1.   The procurement of a contract for Ca-DTPA and Zn-DTPA from the Department of Health and Human Services. We expect to obtain a signed contract and to begin shipping product in the fourth quarter of 2005.
  2.   The continued investment and expansion in new product development through external strategic partnerships. We currently have nine partnerships that have developed and are developing a total of 88 drug products, which are projected for market launch over the next two to five years.
  3.   The validation of our state-of-the-art lyophilization facility. We expect to complete the validation of the facility by December 31, 2005 and begin media fills in the first quarter of 2006.
  4.   The regulatory clearance of our Decatur, IL manufacturing facility. We were inspected by the FDA in August 2005, and the FDA review of that inspection is ongoing with a final resolution expected in the fourth quarter of 2005.
  5.   The continued improvement of our business model. In our drive to profitability, we continue to generate positive cash flow from operations. Our current ratio has improved to 2.30, and we expect to be in a position to retire our remaining debt instruments from our balance sheet by the end of the first quarter of 2006.”

 


 

About Akorn, Inc.
Akorn, Inc. manufactures and markets sterile specialty pharmaceuticals. Akorn has manufacturing facilities located in Decatur, Illinois and Somerset, New Jersey and markets and distributes an extensive line of hospital and ophthalmic pharmaceuticals. Additional information is available at the Company’s website at www.akorn.com.
Materials in this press release may contain information that includes or is based upon forward-looking statements within the meaning of the Securities Litigation Reform Act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a discussion of future operating or financial performance. In particular, these include statements relating to future steps we may take, prospective products, future performance or results of current and anticipated products, sales efforts, expenses, the outcome of contingencies such as legal proceedings, and financial results.
Any or all of our forward-looking statements here or in other publications may turn out to be wrong. They can be affected by inaccurate assumptions or by known or unknown risks and uncertainties. Many such factors will be important in determining our actual future results. Consequently, no forward-looking statement can be guaranteed. Our actual results may vary materially, and there are not guarantees about the performance of our stock.
Any forward-looking statements represent our expectations or forecasts only as of the date they were made and should not be relied upon as representing our expectations or forecasts as of any subsequent date. We undertake no obligation to correct or update any forward-looking statements, whether as a result of new information, future events or otherwise, even if our expectations or forecasts change. You are advised, however, to consult any further disclosures we make on related subjects in our reports filed with the SEC. In particular, you should read the discussion in the section entitled “Cautionary Statement Regarding Forward-Looking Statements” in our most recent Annual Report on Form 10-K, as it may be updated in subsequent reports filed with the SEC. That discussion covers certain risks, uncertainties and possibly inaccurate assumptions that could cause our actual results to differ materially from expected and historical results. Such factors include, but are not limited to, risks and uncertainties relating to the resolution of the FDA compliance issues at our Decatur, Illinois manufacturing facility. Other factors besides those listed there could also adversely affect our results.

 


 

AKORN, INC.
CONDENSED CONSOLIDATED BALANCE SHEETS
IN THOUSANDS
(UNAUDITED)
                 
    SEPTEMBER 30,     DECEMBER 31,  
    2005     2004  
ASSETS
               
CURRENT ASSETS
               
Cash and cash equivalents
  $ 2,024     $ 4,110  
Trade accounts receivable (less allowance for doubtful accounts of $189 and $435 respectively)
    1,821       6,582  
Inventories
    10,751       10,421  
Prepaid expenses and other current assets
    1,364       1,280  
 
           
TOTAL CURRENT ASSETS
    15,960       22,393  
PROPERTY, PLANT AND EQUIPMENT, NET
    30,680       31,893  
OTHER LONG-TERM ASSETS
               
Intangibles, net
    10,560       11,618  
Other
    45       1,018  
 
           
TOTAL OTHER LONG-TERM ASSETS
    10,605       12,636  
 
           
TOTAL ASSETS
  $ 57,245     $ 66,922  
 
           
LIABILITIES AND SHAREHOLDERS’ EQUITY
               
CURRENT LIABILITIES
               
Current installments of debt and debt in default
  $ 2,850     $ 3,590  
Trade accounts payable
    2,118       5,397  
Accrued compensation
    665       499  
Accrued expenses and other liabilities
    1,315       1,674  
 
           
TOTAL CURRENT LIABILITIES
    6,948       11,160  
LONG-TERM LIABILITIES
               
Long-term debt, less current installments
    4,699       6,790  
Other
    1,879       1,646  
 
           
TOTAL LONG-TERM LIABILITIES
    6,578       8,436  
 
           
TOTAL LIABILITIES
    13,526       19,596  
 
           
SHAREHOLDERS’ EQUITY
               
Common stock, no par value — 150,000,000 shares authorized; 26,455,780 and 25,132,684 shares issued and outstanding at September 30, 2005 and December 31, 2004, respectively
    64,134       59,571  
Series A Preferred Stock, $1.00 par value, 257,172 shares authorized and issued, 242,172 shares outstanding at September 30, 2005 and December 31, 2004
    26,942       25,787  
Series B Preferred Stock, $1.00 par value, 170,000 shares authorized, 141,000 shares issued, 120,800 outstanding at September 30, 2005 and 138,500 outstanding at December 31, 2004
    11,998       13,109  
Warrants to acquire common stock
    13,905       14,160  
Accumulated deficit
    (73,260 )     (65,301 )
 
           
TOTAL SHAREHOLDERS’ EQUITY
    43,719       47,326  
 
           
TOTAL LIABILITIES AND SHAREHOLDERS’ EQUITY
  $ 57,245     $ 66,922  
 
           

 


 

AKORN, INC.
CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS
IN THOUSANDS, EXCEPT PER SHARE DATA
(UNAUDITED)
                                 
    THREE MONTHS ENDED     NINE MONTHS ENDED  
    SEPTEMBER 30,     SEPTEMBER 30,  
    2005     2004     2005     2004  
Revenues
  $ 10,985     $ 15,388     $ 33,744     $ 38,124  
Cost of sales
    7,317       8,614       21,881       24,012  
 
                       
GROSS PROFIT
    3,668       6,774       11,863       14,112  
Selling, general and administrative expenses
    3,894       4,068       10,961       10,218  
Amortization and write-down of intangibles
    353       311       1,157       2,871  
Research and development expenses
    1,438       438       4,203       1,150  
 
                       
TOTAL OPERATING EXPENSES
    5,685       4,817       16,321       14,239  
 
                       
OPERATING INCOME (LOSS)
    (2,017 )     1,957       (4,458 )     (127 )
Interest expense
    (595 )     (996 )     (1,705 )     (3,709 )
Gain related to dispute settlements
          1,582             1,582  
Gain on Retirement of Debt
                1,212        
 
                       
INCOME (LOSS) BEFORE INCOME TAXES
    (2,612 )     2,543       (4,951 )     (2,254 )
Income tax provision (benefit)
    2       (44 )     17       (42 )
 
                       
NET INCOME (LOSS)
    (2,614 )     2,587       (4,968 )     (2,212 )
Preferred stock dividends and adjustments
    (1,015 )     (33,318 )     (2,991 )     (33,318 )
 
                       
NET LOSS AVAILABLE TO COMMON STOCKHOLDERS
  $ (3,629 )   $ (30,731 )   $ (7,959 )   $ (35,530 )
 
                       
NET LOSS PER SHARE:
                               
BASIC AND DILUTED
  $ (0.14 )   $ (1.49 )   $ (0.31 )   $ (1.76 )
 
                       
SHARES USED IN COMPUTING NET LOSS PER SHARE:
                               
BASIC AND DILUTED
    26,203       20,605       25,804       20,230  
 
                       

 


 

AKORN, INC.
CONDENSED CONSOLIDATED STATEMENTS OF CASH FLOWS
IN THOUSANDS
(UNAUDITED)
                 
    NINE MONTHS ENDED  
    SEPTEMBER 30  
    2005     2004  
OPERATING ACTIVITIES
               
Net loss
  $ (4,968 )   $ (2,212 )
Adjustments to reconcile net loss to net cash used in operating activities:
               
Depreciation and amortization
    4,927       3,054  
Amortization of deferred financing costs
    72       1,184  
Amortization of debt discounts
    876       1,009  
Write-down of long lived assets
          1,849  
 
Gain related to dispute settlements
          (1,582 )
 
Prepayments to Strides Arcolab Limited
    (1,500 )     (1,250 )
Gain on Retirement of Debt
    (1,212 )      
Non-cash expenses related to preferred stock
          1,064  
Non-cash stock compensation expense
    273        
Changes in operating assets and liabilities:
               
Trade accounts receivable
    4,761       (4,498 )
Inventories
    (330 )     (695 )
Prepaid expenses and other current assets
    480       (122 )
Trade accounts payable
    (3,279 )     356  
Accrued expenses and other liabilities
    502       (36 )
 
           
NET CASH PROVIDED BY (USED IN) OPERATING ACTIVITIES
    602       (1,879 )
INVESTING ACTIVITIES
               
Purchases of property, plant and equipment
    (744 )     (611 )
Purchase of intangible assets
    (75 )     (60 )
 
Proceeds from the sale of investment
          2,000  
 
           
NET CASH PROVIDED BY (USED IN) INVESTING ACTIVITIES
    (819 )     1,329  
FINANCING ACTIVITIES
               
Repayment of long-term debt
    (253 )     (6,650 )
Repayment of NeoPharm Debt
    (2,500 )        
Net borrowings (payments) under lines of credit
          (1,400 )
Net proceeds from Series B offering
          13,044  
Proceeds from Warrants
    150          
Proceeds under stock option and stock purchase plans
    734       1,007  
 
           
NET CASH PROVIDED BY (USED IN) FINANCING ACTIVITIES
    (1,869 )     6,001  
 
           
INCREASE (DECREASE) IN CASH AND CASH EQUIVALENTS
    (2,086 )     5,451  
Cash and cash equivalents at beginning of period
    4,110       218  
 
           
CASH AND CASH EQUIVALENTS AT END OF PERIOD
  $ 2,024     $ 5,669  
 
           
Amount paid for interest (net of capitalized interest)
  $ 397     $ 408  
Amount paid/(refunded) for income taxes
    72       (44 )