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REVISION OF PREVIOUSLY ISSUED FINANCIAL STATEMENTS
6 Months Ended
Jun. 30, 2023
Accounting Changes and Error Corrections [Abstract]  
REVISION OF PREVIOUSLY ISSUED FINANCIAL STATEMENTS REVISION OF PREVIOUSLY ISSUED FINANCIAL STATEMENTSAs previously disclosed, including in the Company's Form 12b-25 filed with the SEC on August 10, 2023, in the course of preparing its financial statements for the quarter ended June 30, 2023, the Company identified certain accounting errors relating to the recording and reporting of reserves for returns of the Company’s product, Auryxia® (ferric citrate) at the time the Company acquired Keryx Biopharmaceuticals, Inc. ("Keryx") on December 12, 2018 and when calculating the product return reserves for subsequent annual and quarterly periods through March 31, 2023 (collectively, the "Product Return Reserve Errors"). This resulted in errors in the Company's consolidated financial statements previously filed by the Company with the SEC for each of the fiscal years ended December 31, 2022, 2021 and 2020. Specifically, the Company utilized an incorrect methodology to calculate, record and report the Auryxia product return reserves at the time the Company acquired Keryx on December 12, 2018, which resulted in errors in the calculation of and understatement of goodwill of $2.6 million in each of the subsequent annual periods. The Company continued to utilize the incorrect methodology to calculate, record and report the product return reserves in the consolidated financial statements it issued with respect to its fiscal years ended December 31, 2022, 2021 and 2020, which resulted in the product return reserves and other product revenue allowances being understated by $8.2 million, $7.9 million and $6.0 million as of December 31, 2022, 2021 and 2020, respectively. A breakdown of the understatement of the product return reserves between current and long-term in the consolidated balance sheet are as follows:
December 31,
(in thousands)202020212022
Included in accrued expenses and other current liabilities:
Product return reserves and other product revenue allowances $1,956 $4,557 $5,051 
Included in other long-term liabilities:
Product return reserves 4,048 3,360 3,132 
Total understatement of product return reserves and other product revenue allowances $6,004 $7,917 $8,183 

Further, as a result of the Product Return Reserve Errors, revenue was overstated by $0.1 million, $1.9 million and $0.6 million, and accounts receivable was understated by $1.1 million, $0.7 million and $0.7 million for the years ended December 31, 2022, 2021 and 2020, respectively. The changes did not impact cash or ending cash balances in the Company’s consolidated balance sheets in the periods presented in this report or in previously issued annual and quarterly financial statements.
In addition to the Product Return Reserve Errors, the Company has corrected other immaterial misstatements in the revised consolidated financial statements for the years ended December 31, 2022, 2021 and 2020 and related quarterly periods, including a $1.4 million to goodwill in each of the years ended December 31, 2022, 2021 and 2020 related to an excess purchase commitment recorded in connection with the Keryx acquisition. The changes did not impact cash or ending cash balances in the Company’s consolidated balance sheets in the periods presented in this report or in previously issued annual and quarterly financial statements.
The Company assessed the materiality of the Product Return Reserve Errors, including the presentation on prior period consolidated financial statements in accordance with the SEC Staff Accounting Bulletin No. 99, Materiality, codified in ASC Topic 250, Accounting Changes and Error Corrections (ASC 250). Based on this assessment, the Company evaluated the materiality of the impacts caused by the Product Return Reserve Errors and concluded that they do not result in a material misstatement of the Company's previously issued consolidated financial statements but would materially misstate the Company’s unaudited condensed consolidated financial statements for the three and six months ended June 30, 2023. As a result, the Company determined that it was necessary to revise the consolidated financial statements it previously issued with respect to the fiscal years ended December 31, 2022, 2021 and 2020 and filed an amendment to its Annual Report on Form 10-K for the fiscal year ended December 31, 2022 with the SEC on August 28, 2023 to reflect the revisions.

The following tables reflect the impact of this revision on the Company’s condensed consolidated financial statements as of and for the three and six months ended June 30, 2022 (dollars in thousands, except per share amounts):


June 30, 2022
Condensed Consolidated Balance SheetAs Previously ReportedAdjustmentAs Revised
Inventories$36,272 $3,954 $40,226 
Accounts receivable, net81,869 133 82,002 
Total current assets304,163 4,087 308,250 
Goodwill55,053 3,991 59,044 
Total assets$521,804 $8,078 $529,882 
Accrued expenses and other current liabilities$91,284 $3,721 $95,005 
Total current liabilities233,680 3,721 237,401 
Other non-current liabilities66,889 7,721 74,610 
Total liabilities459,504 11,442 470,946 
Accumulated deficit(1,493,496)(3,363)(1,496,859)
Total liabilities and stockholders' equity$521,804 $8,078 $529,882 
Condensed Consolidated Statement
of Operations and Comprehensive Income
Three Months Ended June 30, 2022
As Previously ReportedAdjustmentAs Revised
Product revenue, net$43,703 $(394)$43,309 
Selling, general and administrative32,807 (567)32,240 
Operating income33,902 173 34,075 
Net income $29,276 $173 $29,449 
Comprehensive income$29,276 $173 $29,449 
Earnings per share - basic $0.16$— $0.16
Earnings per share - diluted$0.15$— $0.15
Six Months Ended June 30, 2022
Condensed Consolidated Statement of
Operations and Comprehensive Income
As Previously ReportedAdjustmentAs Revised
Product revenue, net$85,151 $(470)$84,681 
Cost of goods sold, product31,923 771 32,694 
Selling, general and administrative77,134 (328)76,806 
Operating loss(24,591)(913)(25,504)
Net loss and comprehensive loss(33,145)(913)(34,058)
Net loss per share - basic and diluted$(0.18)$(0.01)$(0.19)

June 30, 2022
Condensed Consolidated Statement of Stockholders' (Deficit) EquityAs Previously ReportedAdjustmentAs Revised
Accumulated deficit$(1,493,496)$(3,363)$(1,496,859)
Net income$29,276 $173 $29,449 

Six Months Ended June 30, 2022
Condensed Consolidated Statement of Cash FlowsAs Previously ReportedAdjustmentAs Revised
Net loss$(33,145)$(913)$(34,058)
Adjustments to reconcile net loss to net cash used in operating activities:
Change in excess inventory purchase commitments(773)5,627 4,854 
Changes in operating assets and liabilities:
Accounts receivable(30,994)573 (30,421)
Inventory1,159 (5,521)(4,362)
Other long-term assets9,347 665 10,012 
Accrued expenses and other current liabilities(18,625)(839)(19,464)
Other non-current liabilities(9,030)408 (8,622)
Net cash used in operating activities$(52,280)$— $(52,280)
The following tables reflect the impact of this revision on the Company’s condensed consolidated financial statements as of and for the three months ended March 31, 2023 and 2022 (dollars in thousands, except per share amounts):
March 31, 2023
Condensed Consolidated Balance SheetAs Previously ReportedAdjustmentAs Revised
Inventories$20,604 $(194)$20,410 
Accounts receivable, net17,781 950 18,731 
Prepaid expenses and other current assets25,381 (678)24,703 
Total current assets120,719 79 120,798 
Goodwill55,053 3,991 59,044 
Total assets$276,858 $4,070 $280,928 
Accrued expenses and other current liabilities$46,367 $4,712 $51,079 
Total current liabilities82,944 4,712 87,656 
Other non-current liabilities12,643 4,129 16,772 
Total liabilities291,210 8,841 300,051 
Accumulated deficit(1,579,130)(4,773)(1,583,903)
Total liabilities and stockholders' equity$276,858 $4,070 $280,928 


Three Months Ended March 31, 2023
Condensed Consolidated Statement of
Operations and Comprehensive Income
As Previously ReportedAdjustmentAs Revised
Product revenue, net$34,828 $(122)$34,706 
Cost of goods sold, product10,473 705 11,178 
Selling, general and administrative25,221 (168)25,053 
Operating loss(24,938)(661)(25,599)
Net loss $(26,217)$(661)$(26,878)
Comprehensive loss$(26,217)$(661)$(26,878)
Earnings per share - basic and diluted$(0.14)$(0.01)$(0.15)

March 31, 2023
Condensed Consolidated Statement of Stockholders' (Deficit) EquityAs Previously ReportedAdjustmentAs Revised
Accumulated deficit$(1,579,130)$(4,773)$(1,583,903)
Net loss$(26,217)$(661)$(26,878)

Three Months Ended March 31, 2023
Condensed Consolidated Statement of Cash FlowsAs Previously ReportedAdjustmentAs Revised
Net loss$(26,217)$(661)$(26,878)
Changes in operating assets and liabilities:
Accounts receivable21,399 154 21,553 
Accrued expenses and other current liabilities(25,047)(68)(25,115)
Other non-current liabilities— 573 573 
Net cash used in operating activities$(17,538)$(2)$(17,540)
March 31, 2022
Condensed Consolidated Balance SheetAs Previously ReportedAdjustmentAs Revised
Inventories$39,422 $1,676 $41,098 
Accounts receivable, net64,582 776 65,358 
Total current assets302,687 2,452 305,139 
Goodwill55,053 3,991 59,044 
Total assets$535,356 $6,443 $541,799 
Accrued expenses and other current liabilities$109,660 $4,583 $114,243 
Total current liabilities253,914 4,583 258,497 
Other non-current liabilities77,743 5,398 83,141 
Total liabilities509,240 9,981 519,221 
Accumulated deficit(1,522,772)(3,536)(1,526,308)
Total liabilities and stockholders' equity$535,356 $6,443 $541,799 

Three Months Ended March 31, 2022
Condensed Consolidated Statement of
Operations and Comprehensive Income
As Previously ReportedAdjustmentAs Revised
Product revenue, net$41,448 $(76)$41,372 
Cost of goods sold, product22,333 772 23,105 
Selling, general and administrative44,327 239 44,566 
Operating loss(58,493)(1,088)(59,581)
Net loss$(62,421)$(1,088)$(63,509)
Comprehensive loss$(62,421)$(1,088)$(63,509)
Earnings per share - basic and diluted$(0.35)$— $(0.35)

March 31, 2022
Condensed Consolidated Statement of Stockholders' (Deficit) EquityAs Previously ReportedAdjustmentAs Revised
Accumulated deficit$(1,522,772)$(3,536)$(1,526,308)
Net loss$(62,421)$(1,088)$(63,509)
Three Months Ended March 31, 2022
Condensed Consolidated Statement of Cash FlowsAs Previously ReportedAdjustmentAs Revised
Net loss$(62,421)$(1,088)$(63,509)
Adjustments to reconcile net loss to net cash used in operating activities:
Change in excess inventory purchase commitments(773)773 — 
Changes in operating assets and liabilities:
Accounts receivable(13,707)(71)(13,778)
Inventory(5,247)(3,243)(8,490)
Other long-term assets3,297 669 3,966 
Accrued expenses and other current liabilities4,426 2,960 7,386 
Net cash used in operating activities$(21,620)$— $(21,620)
December 31, 2021
Condensed Consolidated
Statement of Stockholders' (Deficit) Equity
As Previously ReportedAdjustmentAs Revised
Accumulated deficit$(1,460,351)$(2,448)$(1,462,799)
Net loss$(282,840)$816 $(282,024)

The consolidated balance sheet as of December 31, 2022 has been revised in this Quarterly Report on Form 10-Q.