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Business and Basis of Presentation
6 Months Ended
Jun. 30, 2020
Organization, Consolidation and Presentation of Financial Statements [Abstract]  
Business and Basis of Presentation Business and Basis of Presentation
 
Business: Akorn, Inc., together with its wholly owned subsidiaries (“Akorn,” the “Company,” “we,” “our” or “us”) is a specialty pharmaceutical company that develops, manufactures and markets generic and branded prescription pharmaceuticals, branded as well as private-label over-the-counter consumer health products and animal health pharmaceuticals. We are an industry leader in the development, manufacturing and marketing of specialized generic pharmaceutical products in alternative dosage forms. We focus on difficult-to-manufacture sterile and non-sterile dosage forms including, but not limited to, ophthalmics, injectables, oral liquids, otics, topicals, inhalants and nasal sprays.
 
Akorn, Inc. is a Louisiana corporation founded in 1971 in Abita Springs, Louisiana. In 1997, we relocated our corporate headquarters to the Chicago, Illinois area and currently maintain our principal corporate offices in Lake Forest, Illinois. We have pharmaceutical manufacturing facilities in Decatur, Illinois; Somerset, New Jersey; Amityville, New York; Hettlingen, Switzerland; and Paonta Sahib, Himachal Pradesh, India. We operate a central distribution warehouse in Gurnee, Illinois and additional distribution facilities in Amityville, New York and Decatur, Illinois. Our research and development (“R&D”) centers are located in Vernon Hills, Illinois and Cranbury, New Jersey. We maintain other corporate offices in Ann Arbor, Michigan and New Delhi, India.

During the three and six month periods ended June 30, 2020 and 2019, the Company reported results for two reportable segments: Prescription Pharmaceuticals and Consumer Health. For further detail concerning our reportable segments please see Note 10 Segment Information.

Our principal corporate office is located at 1925 West Field Court Suite 300, Lake Forest, Illinois 60045, with telephone number (847) 279-6100.

Chapter 11 Petitions: On May 20, 2020 (the “Petition Date”), Akorn, Inc. and its U.S. direct and indirect subsidiaries (together with the Akorn, Inc., the “Company Parties”) filed voluntary cases under chapter 11 (the “Chapter 11 Cases”) of title 11 of the United States Code (the “Bankruptcy Code”) in the United States Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”). The Chapter 11 Cases are being jointly administered under the caption In re Akorn, Inc., et al. Each Company Party continues to operate its business as a “debtor-in-possession” under the jurisdiction of the Bankruptcy Court and in accordance with the applicable provisions of the Bankruptcy Code and the orders of the Bankruptcy Court. On June 3, 2020, the United States Trustee for the District of Delaware appointed an official committee of unsecured creditors.

On the Petition Date, the Company Parties filed a series of “first-day” motions with the Bankruptcy Court to facilitate the Company Parties’ transition into Chapter 11, including by allowing the Company Parties to make payments upon, or otherwise honor, certain obligations that arose prior to the Petition Date, including obligations related to employee wages, salaries and benefits, taxes, and certain vendors and other providers of goods and services essential to the Company Parties’ businesses. On May 22, 2020, the Bankruptcy Court approved the relief sought in these motions on an interim basis. On June 15, 2020, the Bankruptcy Court entered the final order approving the relief sought. For further detail, please see Note 18 Voluntary Reorganization Under Chapter 11.

Nasdaq Delisting: On May 21, 2020, the Company received a notification letter from the listing qualifications department staff of the Nasdaq Stock Market (“Nasdaq”) indicating that, as a result of the Chapter 11 Cases and in accordance with Nasdaq Listing Rules 5101, 5110(b) and IM-5101-1, Nasdaq determined that the Company’s common stock would be delisted from Nasdaq. The Company did not appeal Nasdaq’s delisting determination. Accordingly, Nasdaq suspended trading of the Company’s common stock on June 1, 2020 and the Company’s common stock began being quoted on the Pink Open Market operated by OTC Markets Group Inc. under the symbol “AKRXQ”. On June 9, 2020, Nasdaq filed a Form 25-NSE with the SEC to notify the Company that its common stock was going to be delisted, and delisting became effective 10 days after the Form 25 was filed.

The COVID-19 Pandemic: The outbreak of a novel strain of coronavirus (COVID-19) was declared a global pandemic by the World Health Organization in March 2020. The COVID-19 pandemic has caused national and global economic and financial market disruptions. During the three and six month periods ended June 30, 2020, the COVID-19 pandemic had a material negative impact on the Company's consolidated net revenue and operating results due to significant disruption to
healthcare practices limiting patient access to treatments, particularly in the areas of ophthalmology and acute care. The Company cannot predict the duration or magnitude of the pandemic which may have a material adverse effect on the Company’s sale process under Chapter 11, future financial position, results of operations, and liquidity. The Company will continue to monitor the events and circumstances surrounding the COVID-19 pandemic, which may require adjustments to the Company’s estimates and assumptions in the future. The ultimate extent of the effects of the COVID-19 pandemic on the Company is highly uncertain and will depend on future developments, and such effects could exist for an extended period of time even after the pandemic ends.

Akorn India Private Limited (“AIPL”): On June 17, 2020, Akorn, Inc. entered into a Share Purchase Agreement (the “SPA”) with WorldAkorn Pharma Mauritius (together with the Akorn, Inc., the “Sellers”), Akorn India Private Limited (“AIPL”) and Biological E. Limited (the “Purchaser”). Pursuant to the SPA, the Sellers have agreed to sell to the Purchaser 100% of the share capital of AIPL for $10.0 million in cash, subject to withholding taxes, if any, and adjustment for certain net working capital items, as specified in the SPA. AIPL owns a manufacturing plant in Paonta Sahib, Himachal Pradesh. In July 2020, the sale of Akorn, Inc.’s equity interests in AIPL was approved by the Bankruptcy Court. The Purchaser’s obligation to consummate the purchase is subject to the fulfillment of certain conditions precedent by the Sellers and AIPL.

Basis of Presentation: The Company’s financial statements have been prepared in accordance with accounting principles generally accepted in the United States (“GAAP”) for interim financial information and accordingly do not include all the information and footnotes required by GAAP for annual financial statements. In the opinion of management, all adjustments of a normal and recurring nature considered necessary for a fair presentation have been included in these financial statements. Operating results for the three and six month periods ended June 30, 2020, is not necessarily indicative of the results that may be expected for the full year. For further information, refer to the consolidated financial statements and footnotes for the year ended December 31, 2019, included in the Company’s Annual Report on Form 10-K filed with the SEC on February 26, 2020.