EX-99.1 2 pressrelease.htm _

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Investor Contact:

Allison Wey

Par Pharmaceutical Companies, Inc.

(201) 802-4000


       PAR PHARMACEUTICAL REPORTS FOURTH QUARTER

AND FULL YEAR 2007 RESULTS


Woodcliff Lake, N.J., February 29, 2008 – Par Pharmaceutical Companies, Inc. (NYSE:PRX) today reported fourth quarter and full year 2007 results ended December 31, 2007.

Fourth Quarter and 2007 Results

For the fourth quarter ended December 31, 2007, Par reported total revenues of $155.1 million and income from continuing operations of $5.5 million, or $0.16 per diluted share.  This is compared with reported revenues of $183.6 million and income from continuing operations of $5.0 million, or $0.15 per diluted share, for the same period in 2006.  For the year ended December 31, 2007, Par reported total revenues of $769.7 million and income from continuing operations of $51.1 million, or $1.47 per diluted share.  This is compared with reported revenues of $725.2 million and income from continuing operations of $6.7 million, or $0.19 per diluted share, for 2006.  


Fourth quarter 2007 reported, or GAAP, income from continuing operations included a pre-tax gain of $3.1 million from the Company’s sale of its remaining investment in Optimer Pharmaceutical, Inc. (“Optimer”) common stock and $4.6 million of additional share-based compensation expense related to the Company’s issued stock option tender offer.  Adjusting for these items, income from continuing operations for the fourth quarter of 2007 was $6.5 million, or $0.19 per diluted share.  By comparison, income from continuing operations for fourth quarter 2006 included a $3.2 million investment gain, tempered by severance costs of $5.2 million, and a $1.0 million asset impairment.  Adjusting for these items, income from continuing operations for the fourth quarter of 2006 was $6.9 million, or $0.20 per diluted share.


Par’s reported, or GAAP, income from continuing operations for the year ended December 31, 2007, included a $20.0 million gain on the sale to Optimer of marketing rights to the investigational drug Difimicin (Par 101), a $4.5 million investment gain on the sale of shares of Optimer common stock, and net settlement gains of $0.6 million.  These benefits were tempered by $19.2 million of costs related to business development activities in support of Strativa, the Company’s branded division, a $6.0 million loss on investment, $1.6 million of severance costs, as well as the aforementioned $4.6 million of additional share-based compensation expense recorded in the fourth quarter.  Adjusting for these items, income from continuing operations for the full year ended December 31, 2007 was $55.1 million, or $1.59 per diluted share. By comparison, and in addition to the fourth quarter 2006 events cited above, reported GAAP income from continuing operations for the full year ended December 31, 2006 included a write-off of approximately $10.0 million in bad debts for invalid customer deductions that the Company determined would not be pursued for collection, full year severance costs of $12.4



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million, the write-down of an equity investment,  an arbitration settlement, and an asset impairment.  Finally, reported income from continuing operations for 2006 also included a $3.1 million gain related to a settlement agreement and a $1.9 million loss on the return of inventory related to the same agreement.  After adjusting for these items, income from continuing operations for 2006 was $21.5 million, or $0.62 per diluted share.  See reconciliation between reported (GAAP) and adjusted income from continuing operations at the end of this press release.  

Full Year 2007 Review

Total revenues of $769.7 million for the year ended December 31, 2007 increased 6.1% compared with the year ago period, driven by gains from Strativa, the Company’s branded division.  Strativa revenues increased 72.1% from the prior year to $84.7 million driven by increased sales of Megace® ES and fees related to the co-promotion of Androgel®.  Revenues from the Company’s generic segment grew 1.3% to $684.9 million, as gains from 2007 launches were essentially offset by competitive pressures that adversely affected the volume and pricing of certain existing products.  The third quarter 2007 launch of three additional strengths of metoprolol succinate ER (50mg, 100mg, and 200mg), coupled with the fourth quarter 2006 launch of the 25mg strength, drove $141.9 million of sales and $133.6 million of year-over-year gains.  Par markets metoprolol in the U.S. through supply and distribution agreements with AstraZeneca Plc.  In addition, the first quarter 2007 introductions of propranolol HCl extended release (ER) capsules and ranitidine HCl syrup benefited the full year by $57.5 million and $12.2 million, respectively.  Products which experienced significant volume and pricing declines included fluticasone, various amoxicillin products, quinapril, cefprozil, tramadol HCl and acetaminophen tablets, lovastatin, and paroxetine.  


Par’s 2007 gross margin represented 34.9% of total revenues, an increase of 4.8 points from 30.1% in 2006, driven by increased contribution of higher margin revenues from Strativa, the branded division, including Megace® ES and co-promotion fees for Androgel®.  Revenues from Strativa represented 11.0% of total revenues, as compared to 6.8% in 2007.  Gross margin also benefited from gains in the Company’s generic division, principally reflective of the launch of higher margin propranolol HCl, lower inventory write-offs, lower sales of lower margin existing products, including fluticasone, and royalties earned from the sales of ondansetron tablets.  These gains were somewhat tempered by increased metoprolol succinate ER sales, which have significantly lower gross margins than many of the other products sold by the Company.


Research and development (R&D) expense rose 24.4% from the year ended December 31, 2006, to $77.7 million, and represented 10.1% of total revenues.  The increase was due primarily to costs associated with the in-license of three Phase III products in support of the Company’s branded division, Strativa.  In June, the Company paid $3.0 million to Immtech Pharmaceuticals for the US commercialization rights to parfuramidine maleate.  In July, the Company paid $15.0 million to BioAlliance Pharma for the US commercialization rights to Loramyc.  In August, the Company acquired the North American commercial rights from Hana Biosciences, Inc. (“HANA”) for Zensana™, at which time the Company made a $5.0 million equity investment in Hana at a contractually agreed premium.  Of this amount, $1.2 million representing the premium paid was charged to R&D expense.  In support of the Company’s generic business, Par made a $5.0 million equity investment in IntelliPharmaCeutics Ltd., a privately held corporation, to develop and market four controlled release generic drug products.  Of this amount, approximately $2.5 million, representing the premium paid, was charged to R&D.





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Selling, general and administrative (SG&A) expense for the year ended December 31, 2007 decreased 6.9% to $138.2 million.  The decrease in 2007 SG&A expense was primarily due to the non-recurrence of the second quarter 2006 write-off of approximately $10 million in bad debt for invalid customer deductions that the Company determined would not be pursued for collection, lower net severance costs, partially offset by the expansion of finance and accounting functions, higher other compensation related costs, including costs associated with the fourth quarter 2007 tender offer to repurchase certain unvested stock options, and increased professional costs related to the Company’s restatement of prior periods.

Fourth Quarter 2007 Review

Total revenues of $155.1 million for the fourth quarter ended December 31, 2007, decreased 15.5% compared with the same period in 2006 due to competitive pressures in the Company’s generic segment, where revenues decreased 18.2% to $136.0 million, as sales declines in fluticasone and amoxicillin were somewhat tempered by gains from the 2007 launch of additional strengths of metoprolol succinate ER and propranolol HCl ER.  Strativa revenues increased 10.7% from the prior year to $19.1 million driven by increased sales of Megace® ES, which grew by 19.3%.  


The Company’s fourth quarter 2007 gross margin of $57.8 million decreased 1.9% as lower Generic segment margin was tempered by increased gross margin from the Strativa branded division on increased sales of Megace® ES.  


R&D expense decreased 10.5% from the fourth quarter 2006 to $16.5 million, driven by the non-recurrence of Difimicin (Par 101) development costs and lower overall development costs related to generic R&D projects.  


SG&A expense for the fourth quarter of 2007 increased 1.6% to $37.8 million, driven by higher other compensation costs, including costs associated with the tender offer to repurchase certain unvested stock options, and increased legal costs, somewhat tempered by lower severance related expense.

Restatement of 2005 and 2006 Discontinued Operations and Net Loss

In preparing its consolidated financial statements for year ended December 31, 2007, the Company identified accounting errors related to its discontinued operations reported in the Company’s 2006 and 2005 financial information contained in its Annual Report on Form 10-K for the year ended December 31, 2006 and filed on September 6, 2007.  Management determined that the benefit for income taxes on discontinued operations for the year ended December 31, 2005 was overstated because the Company did not properly determine the income tax benefits from discontinued operations, which resulted in the understatement of the Company’s net loss for 2005 by $19 million.  Management also determined that the 2006 provision for income taxes from discontinued operations did not consider the impact of interest expense.  The related impact of the restatement errors on the Company’s consolidated financial statements is detailed in the Company’s 2007 Annual Report on Form 10-K filed on February 29, 2008.

Net Income

Par reported net income for the fourth quarter ended December 31, 2007 of $4.3 million, or $0.12 per diluted share.  This is compared with reported net income of $4.2 million, or $0.12 per diluted share, for the same period in 2006.  For the full year 2007, net income was $49.9 million, or $1.43 per diluted share.   This is compared with reported net income of $5.8 million, or $0.16 per diluted share, for the full year 2006.   



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Stock Repurchase Program

On September 28, 2007, Par announced that its Board of Directors had authorized the repurchase of up to $75 million of the Company’s common stock. Since October 1, 2007, Par has repurchased 1,643,094 shares of its common stock at a total cost of $31.4 million.

Conference Call

Par has scheduled a conference call for Monday, March 3 at 9:00am EST to discuss results for the fourth quarter and full year 2007.  Par invites investors and the general public to listen to a webcast of the conference call.  Access to the live webcast can be made via the Company’s website at http://www.parpharm.com and will be available for at least 30 days.  The dial-in number is 888-680-0878 for domestic callers and 617-213-4855 for international callers.  The access number is 77261817.  A replay of the conference call will be available commencing approximately one hour after the call.  The replay dial-in number is 888-286-8010 for domestic callers and 617-801-6888 for international callers.  The access number is 24523915.


For a copy of Par’s 2007 Annual Report on Form 10-K, visit Investors/SEC Filings on the Par web site at www.parpharm.com.

Non-GAAP Measures

Par prepares its consolidated financial statements in conformity with accounting principles generally accepted in the United States of America (U.S. GAAP).  In an effort to provide investors with additional information regarding the Company’s results and to provide a meaningful year-over-year comparison of the Company’s financial performance, the company sometimes uses non-GAAP financial measures as defined by the Securities and Exchange Commission.  The differences between the U.S. GAAP and non-GAAP financial measures are reconciled in the attached.  In presenting comparable results, the Company discloses non-GAAP financial measures when it believes such measures will be useful to investors in evaluating the Company’s underlying business performance.  Management uses the non-GAAP financial measures to evaluate the company’s financial performance against internal budgets and targets.  In addition, management internally reviews the results of the Company excluding the impact of certain items, as it believes that these non-GAAP financial measures are useful for evaluating the Company’s core operating results and facilitating comparison across reporting periods.  Importantly, the Company believes non-GAAP financial measures should be considered in addition to, and not in lieu of, U.S. GAAP financial measures.  The Company’s non-GAAP financial measures may be different from non-GAAP financial measures used by other companies.



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About Par

Par Pharmaceutical Companies, Inc. develops, manufactures and markets generic drugs and innovative branded pharmaceuticals for specialty markets.  For press release and other company information, visit www.parpharm.com.

Safe Harbor Statement

Certain statements in this press release constitute “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995.  To the extent any statements made in this news release contain information that is not historical, these statements are essentially forward-looking and, as such, are subject to risks and uncertainties, including the difficulty of predicting FDA filings and approvals, acceptance and demand for new pharmaceutical products, the impact of competitive products and pricing, new product development and launch, reliance on key strategic alliances, uncertainty of patent litigation filed against the Company, availability of raw materials, the regulatory environment, fluctuations in operating results and other risks and uncertainties detailed from time to time in the Company's filings with the Securities and Exchange Commission (SEC), such as the company’s reports on Form 10-K, Form 10-Q and Form 8-K, and amendments thereto.  Any forward-looking statements included in this press release are made as of the date hereof only, based on information available to the Company as of the date hereof, and, subject to any applicable law to the contrary, the Company assumes no obligation to update any forward-looking statements.



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PAR PHARMACEUTICAL COMPANIES, INC.

CONSOLIDATED BALANCE SHEETS

DECEMBER 31, 2007 AND 2006

(In Thousands, Except Share Data)



 

 

December 31,

 

December 31,

      ASSETS

 

2007

 

2006

 

 

 

 

(Restated)

Current assets:

 

 

 

 

   Cash and cash equivalents

 

$200,132 

 

$120,991 

   Available for sale debt and marketable equity securities

 

85,375 

 

92,120 

   Accounts receivable, net

 

64,182 

 

99,043 

   Inventories

 

84,887 

 

106,322 

   Prepaid expenses and other current assets

 

14,294 

 

15,833 

   Deferred income tax assets

 

56,921 

 

72,105 

   Income taxes receivable

 

17,516 

 

12,422 

   Total current assets

 

523,307

 

518,836 

 

 

 

 

 

Property, plant and equipment, at cost less   
   accumulated depreciation and amortization

 

82,650 

 

89,155 

Available for sale debt and marketable equity securities

 

6,690 

 

7,652 

Investment in joint venture

 

6,314 

 

5,292 

Other investments

 

2,500 

 

16,588 

Intangible assets, net

 

36,059 

 

47,880 

Goodwill

 

63,729 

 

63,729 

Deferred charges and other assets

 

2,544 

 

16,000 

Non-current deferred income tax assets, net

 

57,730 

 

49,545 

Total assets

 

$781,523 

 

$814,677 

 

 

 

 

 

      LIABILITIES AND STOCKHOLDERS’ EQUITY

 

 

 

 

Current liabilities:

 

 

 

 

   Short-term and current portion of long-term debt

 

$200,000 

 

$204,469 

   Accounts payable

 

32,200 

 

48,297 

   Payables due to distribution agreement partners

 

36,479 

 

89,585 

   Accrued salaries and employee benefits

 

16,596 

 

15,510 

   Accrued expenses and other current liabilities

 

27,518 

 

18,833 

   Income taxes payable

 

 

36,932 

   Total current liabilities

 

312,793 

 

413,626 

 

 

 

 

 

Long-term debt, less current portion

 

 

Other long-term liabilities

 

30,975 

 

 

 

 

 

 

Commitments and contingencies

 

 

 

 

 

 

 

 

 

Stockholders’ equity:

 

 

 

 

   Preferred Stock, par value $0.0001 per share, authorized
   6,000,000 shares; none issued and outstanding

 

 

   Common Stock, par value $0.01 per share, authorized
   90,000,000 shares, issued 36,460,461 and 35,901,276 shares

 

364 

 

359 

   Additional paid-in-capital

 

274,963 

 

254,013 

   Retained earnings

 

230,195 

 

180,298

   Accumulated other comprehensive loss

 

(1,362)

 

(431)

   Treasury stock, at cost 2,604,977 and 889,245 shares

 

(66,405)

 

(33,188)

   Total stockholders’ equity

 

437,755 

 

401,051 

Total liabilities and stockholders’ equity

 

$781,523 

 

$814,677 





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PAR PHARMACEUTICAL COMPANIES, INC.

CONSOLIDATED STATEMENTS OF OPERATIONS

(In Thousands, Except Per Share Data)



 



 

(Unaudited)
Three months ended

 


Twelve months ended

 

December 31,

 

December 31,

 

December 31,

 

December 31,

 

2007

 

2006

 

2007

 

2006

Revenues:

 

 

 

 

 

 

 

   Net product sales

$149,494 

 

$176,807 

 

$739,020 

 

$705,378 

   Other product related revenues

5,646 

 

6,826 

 

30,646 

 

19,790 

Total revenues

155,140 

 

183,633 

 

769,666 

 

725,168 

Cost of goods sold

97,293 

 

124,680 

 

501,147 

 

507,220 

   Gross margin

57,847 

 

58,953 

 

268,519 

 

217,948 

Operating expenses:

 

 

 

 

 

 

 

   Research and development

16,528 

 

18,459 

 

77,659 

 

62,442 

   Selling, general and administrative

37,751 

 

37,152 

 

138,217 

 

148,488 

   Intangible assets impairment

 

1,100 

 

 

1,100 

   Settlements, net

 

 

(945)

 

1,250 

Total operating expenses

54,279 

 

56,711 

 

214,931 

 

213,280 

Gain on sale of product rights

 

 

20,000 

 

3,054 

Operating income

3,568 

 

2,242 

 

73,588 

 

7,722 

Other (expense) income, net

(7)

 

60 

 

(56)

 

126 

Equity in loss of joint venture

(52)

 

(166)

 

(387)

 

(663)

Gain (loss) on marketable securities, net

3,060 

 

3,190 

 

(1,583)

 

(583)

Interest income

3,408 

 

2,919 

 

13,673 

 

8,974 

Interest expense

(1,667)

 

(1,712)

 

(6,803)

 

(6,781)

Income from continuing operations before
   provision for income taxes

8,310 

 

6,533 

 

78,432 

 

8,795 

Provision for income taxes

2,781 

 

1,488 

 

27,322 

 

2,054 

Income from continuing operations

5,529 

 

5,045 

 

51,110 

 

6,741 

Discontinued operations:

 

 

 

 

 

 

 

Income from discontinued operations

 

 

 

Provision for income taxes (Restated)     

1,212 

 

894 

 

              1,212 

 

894 

Loss from discontinued operations (Restated)    

(1,212)

 

(894)

 

  (1,212)

 

(894)

Net income (Restated)

$4,317 

 

$4,151 

 

$49,898 

 

$5,847 

 

 

 

 

 

 

 

 

Basic earnings per share of common stock:

 

 

 

 

 

 

 

Income from continuing operations

$ 0.16 

 

$0.15 

 

$ 1.48 

 

$ 0.20 

Loss from discontinued operations (Restated)    

(0.04)

 

(0.03)

 

              (0.04)

 

(0.03)

Net income (Restated)

$ 0.12 

 

$0.12 

 

$ 1.44 

 

$0.17 

 

 

 

 

 

 

 

 

Diluted earnings per share of common stock:

 

 

 

 

 

 

 

Income from continuing operations

$ 0.16 

 

$0.15 

 

$ 1.47 

 

$ 0.19 

Loss from discontinued operations (Restated)    

 (0.04)

 

(0.03)

 

              (0.04)

 

(0.03)

Net income (Restated)

$ 0.12 

 

$0.12 

 

$ 1.43 

 

$0.16 

 

 

 

 

 

 

 

 

Weighted average number of
   common shares outstanding:

 

 

 

 

 

 

 

Basic

33,944 

 

34,484 

 

34,494 

 

34,422 

Diluted

34,026 

 

34,703 

 

34,718 

 

34,653 

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Reconciliation Between Reported (GAAP) and Adjusted Income from Continuing Operations

(In thousands, except per share data)

(Unaudited)

 

Three Months Ended

 

Dec. 31,

 

Dec. 31,

 

2007

 

2006

 

 

 

 

Income from Continuing Operations

$5,529 

 

    $5,045 

Stock Option Tender Offer

4,615 

 

  - 

Investment Gain

(3,059)

 

(3,190)

Severance Costs

  - 

 

      5,229 

Asset Impairment

  - 

 

      1,000 

Estimated Tax on Adjustments

(591)

 

(1,185)

Adjusted Income from Continuing Operations (non-GAAP measure)

$6,494 

 

$6,899 

 

 

 

 

Diluted Earnings Per Share from Continuing Operations:                                  

 

 

 

                          Reported

$0.16 

 

$0.15 

                          Adjusted (non-GAAP measure)

     $0.19 

 

     $0.20 

 

Twelve Months Ended

 

 

Dec. 31,

 

Dec. 31,

 

2007

 

2006

 

 

 

 

Income from Continuing Operations

$51,110 

 

$6,741 

Gain on Sales of Product Rights*

(20,000)

 

(1,150)

Branded License Fees and Premium Paid on Equity Investments

19,150 

 

Stock Option Tender Offer

4,615 

 

  - 

Severance Costs

1,643 

 

  12,373 

Net Investment Loss

1,584 

 

   583 

Gain on Settlement

(578)

 

 1,502 

Write-off of Accounts Receivable Relating to Invalid

 

 

 

     Customer Deductions

  - 

 

   9,965 

Asset Impairment

  - 

 

   1,000 

Estimated Tax on Adjustments

(2,437)

 

(9,466)

Adjusted Income from Continuing Operations (non-GAAP measure)

$55,087 

 

  $21,548 

 

 

 

 

Diluted Earning Per Share from Continuing Operations:                                  

 

 

 

                          Reported

$1.47 

 

$0.19 

                          Adjusted (non-GAAP measure)

$1.59 

 

      $0.62 


*2006 amounts represent $3,054 gain on sale of product rights net of $1,904 loss on the return of inventory from a customer relating to the same agreement.