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Financing Agreements - Striant
6 Months Ended
Jun. 30, 2011
FINANCING AGREEMENTS-STRIANT [Abstract]  
Long-term Debt [Text Block]
FINANCING AGREEMENTS-STRIANT:
In an agreement dated March 5, 2003 (the “STRIANT Financing Agreement”), PharmaBio Development Inc. ("PharmaBio") agreed to pay the Company $15 million in five quarterly installments commencing with the signing of the STRIANT Financing Agreement.  In return, PharmaBio received a 9% royalty on net sales of STRIANT in the United States up to agreed annual sales revenues and a 4.5% royalty on net sales above those levels.  The royalty term was seven years.  Royalty payments commenced in the 2003 third quarter and were subject to minimum ($30 million) and maximum ($55 million) amounts; because the minimum amount exceeded the $15 million received by the Company, the Company recorded the amounts received as liabilities.  The excess of the minimum ($30 million) to be paid by the Company over the $15 million received by the Company was recognized as interest expense over the seven-year term of the STRIANT Financing Agreement, assuming an interest rate of 15%.  Interest expense was $1.2 million for the six months ended June 30, 2010. There was no interest in the six months ended June 30, 2011 due to the termination of the STRIANT Financing Agreement following the Watson Transactions, as described below.
On July 22, 2009, the Company and PharmaBio entered into an amendment to the STRIANT Agreement, in which they agreed that when the minimum royalty payment would become due the Company would be entitled, in its sole discretion, either to pay the balance due under the STRIANT Financing Agreement or issue to PharmaBio a secured promissory note for that balance.  In consideration for the right to issue the secured promissory note, the Company granted PharmaBio a warrant to purchase 900,000 shares of Common Stock at an exercise price of $1.15.   The warrants have a stated expiration date of July 22, 2014, unless earlier exercised or terminated. Using the Black-Scholes valuation model, the Company determined the value of the initial warrant to purchase 900,000 shares of the Common Stock to be $719,904, or $0.80 per share, which was being amortized over the 16 month period through November 2010.  The amortization expense recorded in the six months ended June 30, 2010 was approximately $0.3 million.
On March 3, 2010, the Company entered into an amendment (the “PharmaBio Amendment”) with PharmaBio to the STRIANT Financing Agreement.  The PharmaBio Amendment provided for the early termination of the STRIANT Financing Agreement by permitting the Company to make certain payments required thereunder on an accelerated and discounted basis on the date the Company consummated (and contingent upon the Company consummating) a transfer of assets, sale of stock, licensing agreement and/or similar transaction yielding gross cash proceeds to the Company of $40 million or more.
On July 2, 2010, the Company paid $16.2 million to PharmaBio and the STRIANT Financing Agreement was terminated.  In addition, the amortization of the remaining balance of $225,000 for the value assigned to the PharmaBio warrants was written off.  PharmaBio retained the warrants to purchase 900,000 shares of Common Stock.