EX-99.1 2 tm1922462d1_99-1.htm EXHIBIT 99.1

Exhibit 99.1

 

 

For Immediate Release

 

Eagle Pharmaceuticals Reports Third Quarter 2019 Results

 

-- Net loss of $0.17 per basic and diluted share and adjusted non-GAAP net income of

$0.27 per basic and $0.26 per diluted share in Q3 2019 --

 

-- Plan to initiate a clinical trial in December for Eagle’s innovative fulvestrant program, which has the potential to result in greater inhibition of estrogen receptors and better outcomes for patients with estrogen receptor-positive breast cancer --

 

-- Company returned to 2019 Hajj and enrolled additional EHS patients in its controlled clinical study --

 

-- Eagle expects to file a supplement to the current NDA for the treatment of brain damage secondary to nerve agent exposure in the second half of 2020 --

 

WOODCLIFF LAKE, NJ—November 12, 2019—Eagle Pharmaceuticals, Inc. (Nasdaq: EGRX) (“Eagle” or the “Company”) today announced financial results for the three- and nine-month periods ended September 30, 2019. Third quarter and recent highlights include:

 

·Invested $12 million in research and development and external legal costs to advance Eagle’s pipeline.

 

·Eagle’s Japanese marketing partner, SymBio Pharmaceuticals Limited, submitted a New Drug Application (“NDA”) for TREAKISYM, bendamustine ready-to-dilute liquid formulation, in Japan in September. Approval is expected in Q4 2020, which would trigger a $5 million milestone payment to Eagle. Potential payments to Eagle could reach $10 to $25 million per year in royalties and milestones.

 

·Advanced clinical development plans for Eagle’s innovative fulvestrant program, which has the potential to change the treatment of estrogen receptor-positive breast cancer. The program aims to determine if the unique properties of Eagle’s product will result in greater inhibition of estrogen receptors and better patient outcomes compared to currently available treatment options. The Company expects to dose the first subject in December.

 

·Enrolled additional patients in its controlled clinical study of RYANODEX® (dantrolene sodium for injectable suspension) for the treatment of exertional heat stroke (“EHS”) patients during the 2019 Hajj pilgrimage held from August 9-14 in Saudi Arabia. The Company has recruited a total of 41 patients at the 2015, 2018 and 2019 Hajj pilgrimages. Eagle has submitted a plan to the U.S. Food and Drug Administration (“FDA”) that proposes reviewing the data collectively for all 41 patients.  If FDA agrees with this plan, Eagle plans to resubmit the NDA for EHS in response to the Complete Response Letter received in 2017.

 

·The Company, in dialogue with FDA, has received further clarity regarding RYANODEX for the treatment of brain damage secondary to nerve agent exposure. FDA has recommended that, under the animal rule, an additional study be conducted in a second species. Eagle expects to file a supplement to the current NDA in the second half of 2020.

 

·Total revenue for Q3 2019 was $41.1 million, compared to $51.3 million in Q3 2018, primarily reflecting lower BENDEKA® royalty revenue and lower product sales of BELRAPZO® and RYANODEX, partially offset by higher product sales of BENDEKA.

 

Page 2: Eagle Pharmaceuticals Reports Third Quarter 2019 Results

 

·Q3 2019 net loss was $2.4 million, or $0.17 per basic and diluted share, compared to net income of $14.0 million, or $0.94 per basic and $0.91 per diluted share in Q3 2018.

 

·Q3 2019 adjusted non-GAAP net income was $3.7 million, or $0.27 per basic and $0.26 per diluted share, compared to adjusted non-GAAP net income of $18.3 million, or $1.22 per basic and $1.18 per diluted share, in Q3 2018.

 

·Cash and cash equivalents were $117.2 million, net accounts receivable was $44.8 million, and debt was $40.0 million as of September 30, 2019.

 

“In the third quarter, we invested over $12 million to further advance our pipeline. This includes $9 million in non-GAAP R&D expense as well as $3 million in external legal expense related to the pemetrexed and vasopressin litigations. We are advancing our pipeline, as evidenced by the news today on EHS, nerve agent and the planned initiation of our next clinical trial for fulvestrant. We are also pleased that our bendamustine program is expanding to Japan, and we are expecting $10-$25 million in annual royalty and milestone payments beginning in 2021. This is an exciting time for Eagle as we move closer to realizing the full potential of many of our late-stage products,” stated Scott Tarriff, Chief Executive Officer of Eagle Pharmaceuticals.

 

Third Quarter 2019 Financial Results

 

Total revenue for the three months ended September 30, 2019 was $41.1 million, as compared to $51.3 million for the three months ended September 30, 2018.

 

Royalty revenue was $26.5 million in the third quarter of 2019, compared to $35.2 million in the third quarter of 2018. BENDEKA royalties were $26.2 million in the third quarter of 2019, compared to $33.8 million in the third quarter of 2018. A summary of total revenue is outlined below:

 

   Three Months Ended September 30, 
   2019   2018 
   (unaudited)   (unaudited) 
Revenue (in thousands):          
Product sales   14,659    16,163 
Royalty revenue   26,488    35,174 
Total revenue   41,147    51,337 

 

Gross Margin was 64% during the third quarter of 2019, as compared to 75% in the third quarter of 2018. The compression in gross margin in the third quarter of 2019 was primarily driven by an increase in BENDEKA product sales to our marketing partner, on which Eagle earns no profit, and the decrease in BENDEKA royalty revenue.

 

R&D expense was $10.2 million for the third quarter of 2019, compared to $6.0 million in the third quarter of 2018. The increase is largely attributable to spending on fulvestrant and vasopressin. Excluding stock-based compensation and other non-cash and non-recurring items, R&D expense during the third quarter of 2019 was $9.0 million.

 

Page 3: Eagle Pharmaceuticals Reports Third Quarter 2019 Results

 

SG&A expense in the third quarter of 2019 increased to $18.5 million compared to $13.9 million in the third quarter of 2018. External legal spend associated with litigation on pemetrexed and vasopressin as well as higher stock compensation expense account for the year-over-year increase. Excluding stock-based compensation and other non-cash and non-recurring items, third quarter 2019 SG&A expense was $13.4 million.

 

Net loss for the third quarter of 2019 was $2.4 million, or $0.17 per basic and diluted share, compared to net income of $14.0 million, or $0.94 per basic and $0.91 per diluted share, in the third quarter of 2018, due to the factors discussed above.

 

Adjusted non-GAAP net income for the third quarter of 2019 was $3.7 million, or $0.27 per basic and $0.26 per diluted share, compared to adjusted non-GAAP net income of $18.3 million or $1.22 per basic and $1.18 per diluted share in the third quarter of 2018. For a full reconciliation of adjusted non-GAAP net income to the most comparable GAAP financial measures, please see the tables at the end of this press release.

 

2019 Expense Guidance

 

·R&D spend in 2019, on a non-GAAP basis, is expected to be $32.0-$36.0 million, as compared to $38.0 million in 2018.

 

·SG&A spend in 2019, on a non-GAAP basis, is expected to be $51.0-$54.0 million, as compared to $43.0 million in 2018.

 

The guidance provided in this section represents forward-looking information, and actual results may vary. Please see the risks and assumptions referred to in the Forward-Looking Statements section of this press release.

 

Liquidity

 

As of September 30, 2019, the Company had $117.2 million in cash and cash equivalents plus $44.8 million in net accounts receivable, $34.4 million of which was due from Teva Pharmaceutical Industries Ltd. The Company had $40.0 million in outstanding debt. Therefore, at September 30, 2019, the Company had net cash plus receivables of $122.0 million.

 

Conference Call

 

As previously announced, Eagle management will host its third quarter 2019 conference call as follows:

 

Date Tuesday, November 12, 2019
Time 8:30 A.M. EST
Toll free (U.S.) 866-342-8591
International 203-518-9713
Webcast (live and replay) www.eagleus.com, under the “Investor + News” section

 

Page 4: Eagle Pharmaceuticals Reports Third Quarter 2019 Results

 

A replay of the conference call will be available for one week after the call's completion by dialing 800-839-4577 (US) or 402-220-2682 (International) and entering conference call ID EGRXQ319. The webcast will be archived for 30 days at the aforementioned URL.

 

About Eagle Pharmaceuticals, Inc.

 

Eagle is a specialty pharmaceutical company focused on developing and commercializing injectable products that address the shortcomings, as identified by physicians, pharmacists and other stakeholders, of existing commercially successful injectable products. Eagle’s strategy is to utilize the FDA's 505(b)(2) regulatory pathway. Additional information is available on the Company’s website at www.eagleus.com.

 

Forward-Looking Statements

 

This press release contains forward-looking information within the meaning of the Private Securities Litigation Reform Act of 1995, as amended, and other securities laws. Forward-looking statements are statements that are not historical facts. Words and phrases such as “anticipated,” “forward,” “will,” “would,” “may,” “remain,” “potential,” “prepare,” “expected,” “believe,” “plan,” “near future,” “belief,” “guidance,” and similar expressions are intended to identify forward-looking statements. These statements include, but are not limited to, statements regarding future events including, but not limited to: the Company’s clinical development plan for its fulvestrant formulation, as well as the development efforts for the other product candidates in its portfolio; the Company’s expense guidance for fiscal year 2019; the Company's ability to deliver value in 2019 and over the long term; and the Company’s plans and ability to advance the products in its pipeline. All of such statements are subject to certain risks and uncertainties, many of which are difficult to predict and generally beyond Eagle’s control, that could cause actual results to differ materially from those expressed in, or implied or projected by, the forward-looking information and statements. Such risks include, but are not limited to: whether the Company will incur unforeseen expenses or liabilities or other market factors; whether Eagle will successfully implement its development plan for its fulvestrant formulation or other product candidates; whether the FDA will ultimately approve the products in its pipeline for any indications; whether the Company can successfully market and commercialize its product candidates, including RYANODEX, BENDEKA and BELRAPZO, in the treatment of any indications; whether SymBio Pharmaceuticals Limited can successfully launch and commercialize TREAKISYM in Japan; fluctuations in the trading volume and market price of shares of the Company's common stock, general business and market conditions and management's determination of alternative needs and uses of the Company's cash resources, all of which may affect the Company's long-term performance; the success of our commercial relationships with Teva and SymBio and the parties’ ability to work effectively together; whether Eagle and its commercial partners will successfully perform their respective obligations under their respective agreements; difficulties or delays in manufacturing; the availability and pricing of third party sourced products and materials; the outcome of litigation involving any of our products or that may have an impact on any of our products; successful compliance with the FDA and other governmental regulations applicable to product approvals, manufacturing facilities, products and/or businesses; general economic conditions; the strength and enforceability of our intellectual property rights or the rights of third parties; competition from other pharmaceutical and biotechnology companies and the potential for competition from generic entrants into the market; the timing of product launches; the successful marketing of our products; the risks inherent in the early stages of drug development and in conducting clinical trials; that Eagle’s redirection of resources to other products in its pipeline may not be successful; and other factors that are discussed in Eagle’s filings with the SEC. Readers are cautioned not to place undue reliance on these forward-looking statements that speak only as of the date hereof, and the Company does not undertake any obligation to revise and disseminate forward-looking statements to reflect events or circumstances after the date hereof, or to reflect the occurrence of or non-occurrence of any events.

 

Page 5: Eagle Pharmaceuticals Reports Third Quarter 2019 Results

 

Non-GAAP Financial Performance Measures

 

In addition to financial information prepared in accordance with U.S. GAAP, this press release also contains adjusted non-GAAP net income and adjusted non-GAAP earnings per share attributable to Eagle. The Company believes these measures provide investors and management with supplemental information relating to operating performance and trends that facilitate comparisons between periods and with respect to projected information.

 

Adjusted non-GAAP net income excludes share-based compensation expense, depreciation, amortization of acquired intangible assets, changes in fair value of contingent consideration, severance, non-cash interest expense, expense of acquired in-process research and development, asset impairment charge, restructuring charge and the tax impact of these adjustments. The Company believes these non-GAAP financial measures help indicate underlying trends in the Company’s business and are important in comparing current results with prior period results and understanding projected operating performance. Non-GAAP financial measures provide the Company and its investors with an indication of the Company’s baseline performance before items that are considered by the Company not to be reflective of the Company’s ongoing results. See the attached Reconciliation of GAAP to Adjusted Non-GAAP Net Income and Adjusted Non-GAAP Earnings per Share and Reconciliation of GAAP to Adjusted Non-GAAP EBITDA for details of the amounts excluded and included to arrive at adjusted non-GAAP net income, adjusted non-GAAP earnings per share amounts, and adjusted non-GAAP EBITDA amounts, respectively.

 

These adjusted measures are non-GAAP and should be considered in addition to, but not as a substitute for, the information prepared in accordance with U.S. GAAP. The Company strongly encourages investors to review its consolidated financial statements and publicly-filed reports in their entirety and cautions investors that the non-GAAP measures used by the Company may differ from similar measures used by other companies, even when similar terms are used to identify such measures.

 

Investor Relations for Eagle Pharmaceuticals, Inc.:

Lisa M. Wilson

In-Site Communications, Inc.

T: 212-452-2793

E: lwilson@insitecony.com

 

-- Financial tables follow –

 

Page 6: Eagle Pharmaceuticals Reports Third Quarter 2019 Results

 

EAGLE PHARMACEUTICALS, INC.

CONDENSED CONSOLIDATED BALANCE SHEETS (UNAUDITED)

(In thousands, except share amounts)

 

   September 30, 2019   December 31, 2018 
ASSETS          
Current assets:          
Cash and cash equivalents  $117,211   $78,791 
Accounts receivable, net   44,812    66,486 
Inventories   7,247    8,304 
Prepaid expenses and other current assets   10,516    10,263 
Total current assets   179,786    163,844 
Property and equipment, net   2,319    2,397 
Intangible assets, net   16,213    18,103 
Goodwill   39,743    39,743 
Deferred tax asset, net   13,997    13,822 
Other assets   4,980    694 
Total assets  $257,038   $238,603 
LIABILITIES AND  STOCKHOLDERS' EQUITY          
Current liabilities:          
Accounts payable  $11,232   $9,917 
Accrued expenses and other liabilities   27,127    23,519 
Current portion of long-term debt   4,000    6,250 
Total current liabilities   42,359    39,686 
Other long-term liabilities   3,227     
Long-term debt, less current portion   35,687    38,155 
Commitments and Contingencies          
Stockholders' equity:          
Preferred stock, 1,500,000 shares authorized and no shares issued or outstanding as of September 30, 2019 and December 31, 2018        
Common stock, $0.001 par value; 50,000,000 shares authorized; 16,524,848 and 16,504,283 shares issued as of September 30, 2019 and December 31, 2018, respectively   17    17 
Additional paid in capital   273,153    256,458 
Retained earnings   71,495    58,187 
Treasury stock, at cost, 2,855,316 and 2,590,258 shares as of September 30, 2019 and December 31, 2018, respectively   (168,900)   (153,900)
Total stockholders' equity   175,765    160,762 
Total liabilities and stockholders' equity  $257,038   $238,603 

 

Page 7: Eagle Pharmaceuticals Reports Third Quarter 2019 Results

 

EAGLE PHARMACEUTICALS, INC.

CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS (UNAUDITED)

(In thousands, except share and per share amounts)

 

   Three Months Ended September 30,   Nine Months Ended September 30, 
   2019   2018   2019   2018 
Revenue:                    
Product sales  $14,659   $16,163   $58,568   $50,042 
Royalty revenue   26,488    35,174    80,066    107,216 
License and other revenue           9,000     
Total revenue   41,147    51,337    147,634    157,258 
Operating expenses:                    
Cost of product sales   12,137    8,621    39,866    29,919 
Cost of royalty revenue   2,785    4,370    9,440    13,440 
Research and development   10,172    5,975    25,504    38,560 
Selling, general and administrative   18,537    13,878    53,906    45,033 
Restructuring charge       91        7,479 
Asset impairment charge               2,704 
Change in fair value of contingent consideration               (763)
Total operating expenses   43,631    32,935    128,716    136,372 
(Loss) Income from operations   (2,484)   18,402    18,918    20,886 
Interest income   570    9    1,701    36 
Interest expense   (628)   (743)   (1,979)   (2,118)
Total other expense, net   (58)   (734)   (278)   (2,082)
(Loss) Income before income tax benefit (provision)   (2,542)   17,668    18,640    18,804 
Income tax benefit (provision)   152    (3,628)   (5,332)   509 
Net (loss) income  $(2,390)  $14,040   $13,308   $19,313 
(Loss) Earnings per share attributable to common stockholders:                    
Basic  $(0.17)  $0.94   $0.96   $1.30 
Diluted  $(0.17)  $0.91   $0.94   $1.25 
Weighted average number of common shares outstanding:                    
Basic   13,668,091    15,011,159    13,791,071    14,903,945 
Diluted   13,668,091    15,483,037    14,147,658    15,482,768 

 

Page 8: Eagle Pharmaceuticals Reports Third Quarter 2019 Results

 

EAGLE PHARMACEUTICALS, INC.

CONDENSED CONSOLIDATED STATEMENTS OF CASH FLOWS (UNAUDITED)

(In thousands)

 

   Nine Months Ended September 30, 
   2019   2018 
Cash flows from operating activities:          
Net income  $13,308   $19,313 
Adjustments to reconcile net income to net cash provided by operating activities:          
Deferred income taxes   (175)   2,040 
Depreciation expense   1,479    918 
Amortization expense   1,890    1,916 
Stock-based compensation expense   16,815    14,512 
Change in fair value of contingent consideration       (763)
Amortization of debt issuance costs   282    282 
Asset impairment charge       2,704 
Non-cash restructuring charge       5,771 
Changes in operating assets and liabilities which provided (used) cash:          
Accounts receivable   21,674    (24,640)
Inventories   1,057    (4,525)
Prepaid expenses and other current assets   (253)   (5,709)
Accounts payable   1,315    (4,437)
Accrued expenses and other liabilities   3,608    7,476 
Other assets and other long-term liabilities, net   (1,813)   (582)
Net cash provided by operating activities   59,187    14,276 
Cash flows from investing activities:          
Purchase of property and equipment   (647)   (52)
Net cash used in investing activities   (647)   (52)
Cash flows from financing activities:          
Proceeds from common stock option exercises   78    8,601 
Payments related to employee net option exercises       (4,877)
Employee withholding taxes related to stock-based awards   (198)    
Payment of contingent consideration       (15,001)
Payment of debt   (5,000)   (3,750)
Repurchases of common stock   (15,000)   (22,628)
Net cash used in financing activities   (20,120)   (37,655)
Net increase (decrease) in cash and cash equivalents   38,420    (23,431)
Cash and cash equivalents at beginning of period   78,791    114,657 
Cash and cash equivalents at end of period  $117,211   $91,226 
Supplemental disclosures of cash flow information:          
Cash paid during the period for:          
Income taxes, net  $6,587   $1,887 
Interest   1,787    1,540 

 

Page 9: Eagle Pharmaceuticals Reports Third Quarter 2019 Results

 

EAGLE PHARMACEUTICALS, INC.

RECONCILIATION OF GAAP TO ADJUSTED NON-GAAP NET INCOME AND

ADJUSTED NON-GAAP EARNINGS PER SHARE (UNAUDITED)

(In thousands, except share and per share amounts)

 

   Three Months Ended September 30,   Nine Months Ended September 30, 
   2019   2018   2019   2018 
Net (loss) income - GAAP  $(2,390)  $14,040   $13,308   $19,313 
                     
Adjustments:                    
Cost of product revenues:                    
Amortization expense   225    194    675    701 
Research and development:                    
Stock-based compensation expense   1,081    831    3,320    3,094 
Depreciation expense   71    66    210    405 
Expense of acquired in-process research & development   -    -    -    1,200 
Severance   -    68    -    466 
Selling, general and administrative:                    
Stock-based compensation expense   4,570    3,641    13,495    11,418 
Amortization expense   405    405    1,215    1,215 
Depreciation expense   171    169    515    513 
Other:                    
Non-cash interest expense   94    94    282    282 
Change in fair value of contingent consideration   -    -    -    (763)
Asset impairment charge   -    -    -    2,704 
Restructuring charge   -    91    -    7,479 
Tax effect of the non-GAAP adjustments   (556)   (1,334)   (2,875)   (6,868)
                     
Adjusted non-GAAP net income  $3,671   $18,265   $30,145   $41,159 
                     
Adjusted non-GAAP earnings per share:                    
Basic  $0.27   $1.22   $2.19   $2.76 
Diluted  $0.26   $1.18   $2.13   $2.66 
Weighted number of common shares outstanding:                    
Basic   13,668,091    15,011,159    13,791,071    14,903,945 
Diluted   14,120,025    15,483,037    14,147,658    15,482,768 

 

Page 10: Eagle Pharmaceuticals Reports Third Quarter 2019 Results

 

EAGLE PHARMACEUTICALS, INC.

RECONCILIATION OF GAAP TO ADJUSTED NON-GAAP EBITDA (UNAUDITED)

(In thousands)

 

   Three Months Ended September 30,   Nine Months Ended September 30,   Twelve  Months
Ended
September 30,
   Twelve Months
Ended
December 31,
 
   2019   2018   2019   2018   2019   2018 
Net (loss) income - GAAP  $(2,390)  $14,040   $13,308   $19,313   $25,898   $31,903 
                               
Add back:                              
Interest expense, net of interest income   58    734    278    2,083    774    2,579 
Income tax (benefit) provision   (152)   3,628    5,332    (509)   7,976    2,135 
Depreciation and amortization expense   872    834    2,615    2,834    3,451    3,670 
                               
Add back:                              
Stock-based compensation expense   5,651    4,472    16,815    14,512    21,385    19,082 
Change in fair value of contingent consideration   -    -    -    (763)   -    (763)
Asset impairment charge   -    -    -    2,704    -    2,704 
Expense of acquired in-process research & development   -    -    -    1,200    500    1,700 
Severance   -    68    -    466    -    466 
Restructuring charge   -    91    -    7,479    432    7,911 
Adjusted Non-GAAP EBITDA  $4,039   $23,867   $38,348   $49,319   $60,416   $71,387