-----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, MRBhP6RZJM5QFqoxxs6aGU7CYvSEv4jhpA09776QttvKaeB1cjdnORIsnQwaElVC 9db2gXSUeyhJ2rI7bpgeRA== 0000799698-09-000003.txt : 20090313 0000799698-09-000003.hdr.sgml : 20090313 20090313090638 ACCESSION NUMBER: 0000799698-09-000003 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20090313 ITEM INFORMATION: Results of Operations and Financial Condition ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20090313 DATE AS OF CHANGE: 20090313 FILER: COMPANY DATA: COMPANY CONFORMED NAME: CYTRX CORP CENTRAL INDEX KEY: 0000799698 STANDARD INDUSTRIAL CLASSIFICATION: BIOLOGICAL PRODUCTS (NO DIAGNOSTIC SUBSTANCES) [2836] IRS NUMBER: 581642750 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-15327 FILM NUMBER: 09677536 BUSINESS ADDRESS: STREET 1: 11726 SAN VICENTE BOULEVARD STREET 2: SUITE 650 CITY: LOS ANGELES STATE: CA ZIP: 90049 BUSINESS PHONE: 310-826-5648 MAIL ADDRESS: STREET 1: 11726 SAN VICENTE BOULEVARD STREET 2: SUITE 650 CITY: LOS ANGELES STATE: CA ZIP: 90049 8-K 1 form8-k.htm 2008 EARNINGS RELEASE form8-k.htm
 
 



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 (Date of earliest event reported): March 13, 2009


CYTRX CORPORATION
(Exact Name of Registrant as Specified in its Charter)

Delaware
(State or Other Jurisdiction of Incorporation)

000-15327
(Commission File Number)
 
58-1642740
(I.R.S. Employer Identification No.)
11726 San Vicente Boulevard, Suite 650
Los Angeles, California
(Address of Principal Executive Offices)
 
90049
(Zip Code)

(310) 826-5648
(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):

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

¨ Pre-commencement communications 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.
 
    CytRx Corporation on March 13, 2009 issued a press release regarding its financial results for the year ended December 31, 2008. A copy of the press release is attached as Exhibit 99.1.
 
    The information in this report and the exhibit attached hereto shall not be deemed "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, nor shall they be deemed incorporated by reference in any filing with the Securities and Exchange Commission under the Securities Exchange Act of 1934 or the Securities Act of 1933, except as shall be expressly set forth by specific reference in such filing.
 
Item 9.01.  Financial Statements and Exhibits.
 
    The exhibit listed on the accompanying Index to Exhibits is filed herewith.
 

 

 

 
 

 

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.
 

                                    CYTRX CORPORATION
 
 
 
                                    By: /s/ JOHN Y. CALOZ
                                John Y. Caloz
                                Chief Financial Officer

    Dated: March 13, 2009


 
 

 

INDEX TO EXHIBITS

Exhibit
Description
99.1
Press Release dated March 13, 2009


 
 

 

EX-99.1 2 ex99-1.htm ex99-1.htm
 
EXHIBIT 99.1

For Additional Information:
Legend Securities, Inc.
Thomas Wagner
800-385-5790 x152
718-233-2600 x152
twagner@legendsecuritiesinc.com


CytRx Reports 2008 Financial Results

LOS ANGELES (March 13, 2009) CytRx Corporation (NASDAQ: CYTR), a biopharmaceutical research and development company engaged in the development of high-value human therapeutics, today reported financial results for the 12 months ended December 31, 2008.

“We took major steps during the past year to build an oncology franchise,” said Steven A. Kriegsman, CytRx President and CEO.  “We added very promising oncology assets including acquiring the U.S. rights to tamibarotene, a third-line treatment for acute promyelocytic leukemia (APL) that is currently in a Phase 2 U.S. registration clinical trial.  We also further strengthened our oncology expertise with the addition of prominent experts in this field.  We believe we have the leadership and drug development pipeline to build a drug franchise with commercial and out-licensing possibilities.  With over $25 million of cash on our balance sheet as of December 31, 2008, and our 45% ownership position in RXi Pharmaceuticals Corporation (NASDAQ: RXII) with a market value of approximately $22.2 million as of March 10, 2009, we are well-positioned to focus on our development pipeline and consider in-licensing and acquisition opportunities that the current economic environment may present.

“We remain committed to our orally administered molecular chaperone regulator drug candidates, arimoclomol and iroxanadine, and our pursuit of partnering,” continued Mr. Kriegsman.

REVIEW OF FINANCIAL RESULTS
 
CytRx reported a net loss applicable to common stockholders for the 12 months ended December 31, 2008 of $27.8 million, or $0.30 per share, based on 91.4 million weighted average shares outstanding, compared with a net loss applicable to common stockholders for the 12 months ended December 31, 2007 of $21.9 million, or $0.26 per share, based on 84.0 million shares outstanding.  The 2008 net loss included a non-cash charge of approximately $8.0 million for in-process research and development related to the acquisition of Innovive Pharmaceuticals, Inc., or Innovive.  The increase in weighted average shares outstanding resulted primarily from the issuance of shares relating to the acquisition of Innovive.

Revenue for 2008 was $6.3 million, compared with 2007 revenue of $7.5 million, and consisted primarily of service revenue recognized from CytRx's 2006 royalty transaction with the ALS Charitable Remainder Trust, or ALSCRT.

Research and development (R&D) expenses were $10.5 million for the 12 months ended December 31, 2008, compared with $18.8 million for the comparable period in 2007.  R&D expenses incurred during 2008 were related primarily to the Company's various development programs and included two months of RXi-related expenses.  The significant reduction in R&D expenses for 2008 was due mainly to the full-year impact of RXi-related R&D expenses in 2007.

General and administrative (G&A) expenses were $10.9 million for 2008, compared with $14.8 million in the prior year.  The decrease in G&A expenses in 2008 resulted primarily from a reduction of approximately $3.3 million in RXi-related expenses and a reduction of $300,000 in legal and accounting fees as compared to 2007, offset by approximately $320,000 in professional fees associated with the acquisition of Innovive.

Cash and cash equivalents totaled $25.0 million as of December 31, 2008, compared with cash and cash equivalents of $60.4 million as of December 31, 2007, which included short-term investments of approximately $10.0 million held by RXi at the end of 2007.  For the year ended December 31, 2008, $7.0 million was used in investing activities, which included a cash outlay of $5.7 million relating to the payment of accounts payable associated with the acquisition of Innovive.  CytRx's 45% ownership stake in RXi at December 31, 2008 had a market value of approximately $36.0 million, and as of March 10, 2009, had a market value of approximately $22.2 million.
 
About CytRx Corporation
 
CytRx Corporation is a biopharmaceutical research and development company engaged in the development of high-value human therapeutics.  The CytRx drug development pipeline includes programs in clinical development for oncology indications, including tamibarotene in a registration study for the treatment of acute promyelocytic leukemia (APL).  CytRx is developing two drug candidates based on its industry-leading molecular chaperone technology, which aims to repair or degrade misfolded proteins associated with disease. The Company owns and operates a research and development facility in San Diego.  CytRx also maintains a 45% equity interest in publicly traded RXi Pharmaceuticals Corporation (NASDAQ: RXII).  For more information on the Company, visit www.cytrx.com.
 
Forward-Looking Statements
 
This press release contains forward-looking statements within the meaning of Section 21E of the Securities Exchange Act of 1934, as amended. Such statements involve risks and uncertainties that could cause actual events or results to differ materially from the events or results described in the forward-looking statements, including risks relating to the timing, outcome or results of any pre-clinical or clinical testing of CytRx's potential oncology or molecular chaperone drug candidates, including tamibarotene as a third-line treatment for APL and INNO-206, risks related to CytRx’s ability to manufacture its drug candidates, including tamibarotene, in commercial quantities in compliance with stringent regulatory requirements, risks related to CytRx's ability to enter into partnerships to advance the clinical development of INNO-406 and its clinical molecular chaperone portfolio, uncertainties related to the impact of the FDA's clinical hold on the Company's arimoclomol clinical trial for ALS on the timing and ability to resume clinical testing at the desired dosage of arimoclomol, the risk that any requirements imposed on the Company's planned clinical trial designs for ALS or stroke recovery by the FDA as a result of the concerns expressed in their clinical hold of the Company's ALS program might adversely affect the Company's ability to demonstrate that arimoclomol is efficacious in treating ALS or stroke patients or to enter into a partnership to advance the development of that drug candidate, risks related to CytRx's need for additional capital or strategic partnerships to fund its ongoing working capital needs and development efforts, risks related to the future market value of CytRx's investment in RXi and the liquidity of that investment, and the risks and uncertainties described in the most recent annual and quarterly reports filed by CytRx with the Securities and Exchange Commission. All forward-looking statements are based upon information available to CytRx on the date the statements are first published. CytRx undertakes no obligation to publicly update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.

 
 

 

CYTRX CORPORATION
CONSOLIDATED BALANCE SHEETS

   
December 31,
 
   
2008
   
2007
 
ASSETS
           
Current assets:
           
Cash and cash equivalents
  $ 25,041,772     $ 50,498,261  
Short-term investments, at amortized cost
          9,951,548  
Accounts receivable
    127,280       101,217  
Income taxes recoverable
    215,623        
Prepaid expenses and other current assets
    486,609       930,596  
Total current assets
    25,871,284       61,481,622  
Equipment and furnishings, net
    1,835,052       1,573,290  
Molecular library, net
    103,882       193,946  
Goodwill
    183,780       183,780  
Other assets
    330,032       713,398  
Total assets
  $ 28,324,030     $ 64,146,036  
LIABILITIES AND STOCKHOLDERS’ EQUITY
               
Current liabilities:
               
Accounts payable
  $ 668,422     $ 1,946,215  
Accrued expenses and other current liabilities
    2,556,904       3,700,866  
Deferred revenue, current portion
    1,817,600       8,399,167  
Total current liabilities
    5,042,926       14,046,248  
Deferred revenue, non-current portion
    7,582,797       7,167,381  
Total liabilities
    12,625,723       21,213,629  
Minority interest
          2,708,368  
Commitment and contingencies
               
Stockholders’ equity:
               
Preferred Stock, $.01 par value, 5,000,000 shares authorized, including 15,000 shares of Series A Junior Participating Preferred Stock; no shares issued and outstanding
           
Common stock, $.001 par value, 175,000,000 shares authorized; 93,978,448 and 90,397,867 shares issued and outstanding at December 31, 2008 and 2007, respectively
    93,978       90,398  
Additional paid-in capital
    210,007,468       203,905,691  
Treasury stock, at cost (633,816 shares held, at December 31, 2008 and 2007, respectively)
    (2,279,238 )     (2,279,238 )
Accumulated deficit
    (192,123,901 )     (161,492,812 )
Total stockholders’ equity
    15,698,307       40,224,039  
Total liabilities and stockholders’ equity
  $ 28,324,030     $ 64,146,036  

 
 

 

CYTRX CORPORATION
CONSOLIDATED STATEMENTS OF OPERATIONS

   
Years Ended December 31,
 
   
2008
   
2007
   
2006
 
Revenue:
                 
Service revenue
  $ 6,166,150     $ 7,241,920     $ 1,858,772  
Licensing revenue
    100,000       101,000       101,000  
Grant revenue
          116,118       105,930  
      6,266,150       7,459,038       2,065,702  
Expenses:
                       
Research and development
    10,465,591       18,823,802       9,781,007  
General and administrative
    10,932,522       14,822,142       9,657,257  
In-process research and development
    8,012,154              
Depreciation and amortization
    624,980       272,229       227,704  
      30,035,247       33,918,173       19,665,968  
Loss before other income
    (23,769,097 )     (26,459,135 )     (17,600,266 )
Other income:
                       
Interest and dividend income
    1,203,629       2,663,542       996,647  
Other income (expense), net
    219,489       1,496,979       (3,205 )
Equity in loss of affiliate – RXi Pharmaceuticals
    (3,915,514 )            
Minority interest in loss of subsidiary
    88,375       448,671        
Net loss before provision for income taxes
    (26,173,118 )     (21,849,943 )     (16,606,824 )
Provision for income taxes
    (873,003 )     (40,000 )     (145,000 )
Net loss
    (27,046,121 )     (21,889,943 )     (16,751,824 )
Deemed dividend for anti-dilution adjustments made to outstanding common stock warrants
    (756,954 )           (488,429 )
Net loss applicable to common stockholders
  $ (27,803,075 )   $ (21,889,943 )   $ (17,240,253 )
Basic and diluted loss per share
  $ (0.30 )   $ (0.26 )   $ (0.25 )
Basic and diluted weighted average shares outstanding
    91,383,934       84,006,728       68,105,626  
 

 

 
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