-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, Okv2l4cr0xdfrcsNUcsd368g2vVzWmGW7YKN5hrwOq/F+N9H8Po+WkBS15ATd5XF hAx/11VNsQ2Zk0Q1lapuHA== 0000950137-07-007328.txt : 20070511 0000950137-07-007328.hdr.sgml : 20070511 20070511162035 ACCESSION NUMBER: 0000950137-07-007328 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20070507 ITEM INFORMATION: Results of Operations and Financial Condition ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20070511 DATE AS OF CHANGE: 20070511 FILER: COMPANY DATA: COMPANY CONFORMED NAME: AKORN INC CENTRAL INDEX KEY: 0000003116 STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834] IRS NUMBER: 720717400 STATE OF INCORPORATION: LA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-32360 FILM NUMBER: 07842582 BUSINESS ADDRESS: STREET 1: 2500 MILLBROOK DRIVE CITY: BUFFALO GROVE STATE: IL ZIP: 60089 BUSINESS PHONE: 8472796100 MAIL ADDRESS: STREET 1: 2500 MILLBROOK DRIVE CITY: BUFFALO GROVE STATE: IL ZIP: 60089 8-K 1 c15221e8vk.htm CURRENT REPORT e8vk
 

Exhibit 99.1
 
 
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
Date of Report: May 7, 2007
(Date of Earliest Event Reported)
Akorn, Inc.
(Exact Name of Registrant as Specified in its Charter)
         
Louisiana   0-13976   72-0717400
(State or other   (Commission   (I.R.S. Employer
Jurisdiction of   File Number)   Identification No.)
Incorporation)        
2500 MILLBROOK DRIVE
BUFFALO GROVE, ILLINOIS 60089

(Address of principal executive offices, zip code)
(847) 279-6100
(Registrant’s telephone number, including area code)
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (See General Instruction A.2. below):
o   Written communication pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
 
o   Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
 
o   Pre-commencement communication pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
 
o   Pre-commencement communication pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240. 13e-4(c))
 
 
 

 


 

Item 2.02 Results of Operations and Financial Condition.
          On May 7, 2007, Akorn, Inc. (“Akorn”) issued a press release announcing certain results of Akorn’s financial review for the quarter ended March 31, 2007. A copy of the press release is attached hereto as Exhibit 99.1.
          The information in this report, including the exhibit hereto, shall not be deemed to be “filed” for purposes of Section 18 of the Securities Exchange Act of 1934 (the “Exchange Act”) or otherwise subject to the liabilities of that section, nor shall it be deemed to be incorporated by reference in any filing under the Securities Act of 1933 or the Exchange Act, except as shall be expressly set forth by specific reference in such a filing.
Item 9.01 Financial Statements and Exhibits.
     (d) Exhibits.
     99.1 Press release dated May 7, 2007.

 


 

SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
         
  Akorn, Inc.
 
 
  By:   /s/ Jeffrey A. Whitnell    
    Jeffrey A. Whitnell   
    Chief Financial Officer, Treasurer
and Secretary 
 
 
Date: May 11, 2007

 

EX-99.1 2 c15221exv99w1.htm PRESS RELEASE exv99w1
 

At the Company:
Akorn, Inc.
Arthur S. Przybyl
President and CEO
(847) 279-6100
FOR IMMEDIATE RELEASE
Akorn Reports First Quarter 2007 Financial Results
Buffalo Grove, IL, May 7, 2007 — Akorn, Inc. (NASDAQ: AKRX) a specialty pharmaceutical company, today reported financial results for the first quarter ended March 31, 2007.
Total revenue for the first quarter 2007 was $11.7 million as compared to $29.7 million in the first quarter 2006. In the first quarter of 2006, the Company recognized $22.0 million of Ca-DTPA and Zn-DTPA revenue through a contract with the Department of Health and Human Services. Gross profit for the first quarter 2007 was $2.5 million as compared to $11.7 million in the first quarter 2006. The decline in gross profit was primarily impacted by first quarter 2006 DTPA revenues, which contributed $9.7 million in gross profit.
First quarter 2007 revenue and gross profit were affected by customer backorders for IC-Green, which totaled $1.6 million as of March 31, 2007. Operating gross margins were also affected by higher manufacturing costs. In order to improve efficiencies, we have formed an Executive Task Force and appointed our Somerset Vice President of Operations to manage our manufacturing operations in Decatur.
Total operating expenses for the first quarter 2007 were $7.6 million, an increase of $711,000 over comparative prior year operating expenses of $6.9 million. This increase is due to non-cash expenses for restricted stock and stock options, which totaled $778,000. Research and product development (R&D) spending for the first quarter 2007 was $2.0 million, and is comparable to the first quarter 2006. Of that amount, milestone product development payments were $580,000. The Company ended the first quarter 2007 with $18.0 million in cash and cash equivalents.
The net loss available to common stockholders for the first quarter 2007 was $4.8 million or $0.06 per fully diluted share vs. net income available to common stockholders of $2.8 million in 2006 or $0.04 per fully diluted share.

 


 

Highlights for the First Quarter 2007:
  Biologics and Vaccines Business Segment:
    March 27, 2007: Akorn announced the signing of a three-year exclusive distribution agreement for Tetanus diphtheria vaccine. This agreement begins on September 1, 2007 and effectively increases the annual revenue base of the company by 100%.
  Ophthalmic Business Segment:
    January 23, 2007: Akorn announced positive Phase III Pivotal clinical trial results for Akten®, the Company’s first internally developed New Drug Application (NDA) indicated for ocular anesthesia. Recently, the Company had a pre-NDA filing meeting with the FDA and based on that meeting, we expect to file the NDA in the second quarter 2007.
 
    January 9, 2007: Akorn announced the signing of an exclusive definitive agreement with Azad Pharma for the development and supply of three ANDA prostaglandin ophthalmic drug products.
  Hospital Drugs and Injectables Business Segment:
    January 30, 2007: Akorn announced an exclusive supply agreement for Hydase™, a preservative-free NDA injectable spreading agent.
  On February 7, 2007 Akorn began trading on the Nasdaq Global Market under the new symbol, “AKRX”.
Arthur S. Przybyl, President and Chief Executive Officer stated, "The first quarter for Akorn was one of the most important quarters in the history of the Company. We executed a number of significant strategic successes that will provide revenues and profits in 2007 and beyond in three of our business segments: biologics and vaccines, ophthalmics, and hospital drugs and injectables. Clearly, our announcement to exclusively market and distribute tetanus diphtheria vaccine is vital to our short and long-term financial success. Beginning in September 2007, this Agreement effectively doubles the annual revenue of the Company and contributes sustainable profits of

 


 

approximately $0.10 in earnings per share. We feel confident in our ability to increase existing market share based on the launch of the unit dose preservative-free Tetanus diphtheria vaccine.
“Although business segment revenues increased for ophthalmic, hospital drugs and injectables (ex-DTPA), and contract manufacturing, we were disappointed by our operating gross margins. While the lack of IC-Green sales contributed to the shortfall in gross profit, we did not realize expected operational efficiencies from increased production volumes in our Decatur facility. To that end, we formed an Executive Task Force in early 2007 and appointed our Somerset Vice President of Operations to manage our manufacturing operations in Decatur. Based on our progress to date, we expect to realize our anticipated operating efficiencies in Decatur in the second half of 2007. Consolidated gross margin is anticipated to improve in the second quarter 2007.”

 


 

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, EXCEPT SHARE DATA
                 
    MARCH 31,     DECEMBER 31,  
    2007     2006  
    (UNAUDITED)     (AUDITED)  
ASSETS
               
CURRENT ASSETS
               
Cash and cash equivalents
  $ 18,064     $ 21,818  
Trade accounts receivable (less allowance for doubtful accounts of $9 and $3, respectively)
    2,131       4,781  
Inventories
    14,200       11,734  
Prepaid expenses and other current assets
    1,116       1,321  
 
           
TOTAL CURRENT ASSETS
    35,511       39,654  
PROPERTY, PLANT AND EQUIPMENT, NET
    33,229       33,486  
OTHER LONG-TERM ASSETS
               
Intangibles, net
    8,537       8,825  
Other
    111       118  
 
           
TOTAL OTHER LONG-TERM ASSETS
    8,648       8,943  
 
           
TOTAL ASSETS
  $ 77,388     $ 82,083  
 
           
LIABILITIES AND SHAREHOLDERS’ EQUITY
               
CURRENT LIABILITIES
               
Current installments of debt
  $ 401     $ 394  
Trade accounts payable
    4,100       4,719  
Accrued compensation
    1,031       1,849  
Customer accrued liabilities
    326       391  
Accrued expenses and other liabilities
    2,801       2,900  
 
           
TOTAL CURRENT LIABILITIES
    8,659       10,253  
LONG-TERM LIABILITIES
               
Long-term debt, less current installments
    105       208  
Product warranty liability
    1,308       1,308  
 
           
TOTAL LONG-TERM LIABILITIES
    1,413       1,516  
 
           
TOTAL LIABILITIES
    10,072       11,769  
 
           
SHAREHOLDERS’ EQUITY
               
Common stock, no par value — 150,000,000 shares authorized; 86,597,216 and 85,990,964 shares issued and outstanding at March 31, 2007 and December 31, 2006, respectively
    152,746       150,250  
Warrants to acquire common stock
    4,211       4,862  
Accumulated deficit
    (89,641 )     (84,798 )
 
           
TOTAL SHAREHOLDERS’ EQUITY
    67,316       70,314  
 
           
TOTAL LIABILITIES AND SHAREHOLDERS’ EQUITY
  $ 77,388     $ 82,083  
 
           

3


 

AKORN, INC.
CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS
IN THOUSANDS, EXCEPT PER SHARE DATA
(UNAUDITED)
                 
    THREE MONTHS ENDED  
    MARCH 31,  
    2007     2006  
Revenues
  $ 11,735     $ 29,730  
Cost of sales
    9,246       17,997  
 
           
GROSS PROFIT
    2,489       11,733  
Selling, general and administrative expenses
    5,242       4,484  
Amortization and write-down of intangibles
    338       351  
Research and development expenses
    2,011       2,045  
 
           
TOTAL OPERATING EXPENSES
    7,591       6,880  
 
           
OPERATING (LOSS) INCOME
    (5,102 )     4,853  
Interest income/(expense) — net
    259       (1,319 )
Debt Retirement Expense
          (391 )
Other Expense
          (17 )
 
           
(LOSS)/INCOME BEFORE INCOME TAXES
    (4,843 )     3,126  
Income tax provision
           
 
           
NET (LOSS)/INCOME
    (4,843 )     3,126  
Preferred stock dividends and adjustments
          (326 )
 
           
NET (LOSS)/INCOME AVAILABLE TO COMMON STOCKHOLDERS
  $ (4,843 )   $ 2,800  
 
           
NET (LOSS)/INCOME PER SHARE:
               
BASIC
  $ (0.06 )   $ 0.05  
 
           
DILUTED
  $ (0.06 )   $ 0.04  
 
           
SHARES USED IN COMPUTING NET (LOSS)/INCOME PER SHARE:
               
BASIC
    86,252       61,715  
 
           
DILUTED
    86,252       74,980  
 
           

4


 

AKORN, INC.
CONDENSED CONSOLIDATED STATEMENTS OF CASH FLOWS
IN THOUSANDS (UNAUDITED)
                 
    THREE MONTHS  
    ENDED MARCH 31  
    2007     2006  
OPERATING ACTIVITIES
               
Net (loss)/income
  $ (4,843 )   $ 3,126  
Adjustments to reconcile net (loss)/income to net cash (used in)/provided by operating activities:
               
Depreciation and amortization
    1,095       818  
Amortization of debt discounts
          1,059  
Non-cash stock compensation expense
    1,111       333  
Changes in operating assets and liabilities:
               
Trade accounts receivable
    2,650       1,191  
Inventories
    (2,466 )     (687 )
Prepaid expenses and other current assets
    212       (184 )
Trade accounts payable
    (619 )     (301 )
Product warranty liability
          1,159  
Accrued customer liability
    (65 )     2,980  
Accrued expenses and other liabilities
    (917 )     (694 )
 
           
NET CASH (USED IN)/PROVIDED BY OPERATING ACTIVITIES
    (3,842 )     8,800  
INVESTING ACTIVITIES
               
Purchases of property, plant and equipment
    (500 )     (718 )
Purchase of intangible assets
    (50 )      
 
           
NET CASH USED IN INVESTING ACTIVITIES
    (550 )     (718 )
FINANCING ACTIVITIES (See Note 1 below)
               
Repayment of long-term debt
    (96 )     (2,826 )
Proceeds from common stock and warrant offering
          18,078  
Proceeds from warrants exercised
    382       95  
Proceeds under stock option and stock purchase plans
    352       338  
 
           
NET CASH PROVIDED BY FINANCING ACTIVITIES
    638       15,685  
 
           
(DECREASE)/INCREASE IN CASH AND CASH EQUIVALENTS
    (3,754 )     23,767  
Cash and cash equivalents at beginning of period
    21,818       791  
 
           
CASH AND CASH EQUIVALENTS AT END OF PERIOD
  $ 18,064     $ 24,558  
 
           
Amount paid for interest
  $ 14     $ 542  
Amount paid for income taxes
  $ 1     $ 2  
Note 1: In March 2006, $7,298 in principal and interest related to convertible notes was retired by conversion to the common stock of Akorn, Inc.

6

-----END PRIVACY-ENHANCED MESSAGE-----