EX-99.1 2 v201798_ex99-1.htm Unassociated Document

 
Cris Larson
Jennifer Williams
Cook Williams Communications
775-832-8505
360-668-3701
Cris.Larson@pdl.com
jennifer@cwcomm.org
 
PDL BioPharma Announces Third Quarter 2010 Financial Results

INCLINE VILLAGE, NV, November 10, 2010PDL BioPharma, Inc. (PDL) (NASDAQ: PDLI) today reported financial results for the third quarter and nine months ended September 30, 2010.

Financial Results for the Third Quarter Ended September 30, 2010
Revenues for the third quarter of 2010 were $86.4 million, a 21 percent increase when compared with $71.4 million for the same period in 2009. Revenue growth for the third quarter of 2010 over the same period in 2009 was primarily driven by increased second quarter 2010 sales by the Company’s licensees of Avastin® and Herceptin®, which are marketed by Genentech and Roche; Lucentis®, which is marketed by Genentech and Novartis; and Tysabri®, which is marketed by Elan and Biogen Idec. PDL received royalties for these product sales in the third quarter of 2010.

General and administrative expenses for the third quarter of 2010 were $11.1 million compared with $5.3 million for the third quarter of 2009. Significant expense items in the third quarter of 2010 were legal fees of $8.7 million, compensation and benefits of $1.0 million, professional service fees of $0.5 million and stock-based compensation expense of $0.2 million.
 
Non-operating expenses were $12.1 million for the third quarter of 2010 compared with $2.6 million for the third quarter of 2009.  Included in non-operating expense for 2010 is a loss of $2.4 million associated with the conversion of the Company’s 2.75% Convertible Subordinated Notes due 2023 (the 2023 Notes) and interest expense of $9.9 million.  In the third quarter of 2009, the Company recorded a gain of $0.3 million on the repurchase of a portion of its 2.00% Convertible Senior Notes due 2012 (the 2012 Notes) and interest expense of $3.1 million.  The increase in interest expense is attributable to the 10.25% Non-recourse Notes due 2015 issued in November 2009 (the Non-recourse Notes) that have a current principal balance of $225.0 million.
 
Net income for the third quarter of 2010 was $40.2 million, or $0.24 per diluted share compared with net income of $46.4 million, or $0.29 per diluted share, for the same period in 2009.
 
Financial Results for the Nine Months Ended September 30, 2010
Revenues for the nine months ended September 30, 2010 were $268.8 million, compared with $259.9 million for the same period in 2009. General and administrative expenses for the nine months ended September 30, 2010 were $29.3 million compared to $15.5 million for the same period in 2009.

Non-operating expenses for the nine months ended September 30, 2010 were $52.4 million compared with $7.7 million for the same period in 2009. Included in non-operating expense for the nine months ended September 30, 2010 are $18.7 million in costs associated with the retirement or conversion of the 2023 Notes.  Included in the nine months ended September 30, 2009 are gains associated with the repurchase of a portion of the 2012 Notes of $0.8 million and a portion of the 2023 Notes of $0.7 million.

 

 
 
Net income for the first nine months of 2010 was $116.3 million, or $0.67 per diluted share, compared to $161.1 million, or $0.97 per diluted share for the same period in 2009.  Adjusting for gains or losses on retirement or conversion of convertible debt, non-GAAP net income for the nine months ended September 30, 2010 totaled $133.4 million, or $0.77 per diluted share, compared with non-GAAP net income of $160.1 million, or $0.96 per diluted share for the same period in 2009.
 
Net cash provided by operating activities for the first nine months of 2010 was $154.3 million compared with $132.8 million for the first nine months of 2009. At September 30, 2010, PDL had cash, cash equivalents and short-term investments of $227.2 million compared with $303.2 million at December 31, 2009, a decrease which can be primarily attributed to the retirement of the 2023 Notes, the payment of the April dividend and the $75 million repayment of the Company’s Non-recourse Notes partially offset by cash provided by operations.
 
Exchange of 2.00% Senior Convertible Notes due 2012
As previously announced, the Company completed an exchange of $92.0 million in aggregate principal of the 2012 Notes in separate, privately negotiated transactions with the note holders.  Pursuant to the exchange transactions, the note holders received $92.0 million in aggregate principal of new 2.875% Convertible Senior Notes due February 15, 2015 (the 2015 Notes).  As part of the transaction, the Company also placed an additional $88.0 million in aggregate principal of the 2015 Notes.   Following the exchange transactions, $136.0 million of the 2012 Notes remain outstanding.  The conversion rate for the 2015 Notes is 140.571 shares of common stock per $1,000 principal amount of the 2015 Notes or $7.11 per share of common stock.

The following summarizes the Company’s debt outstanding at December 31, 2009 and at November 1, 2010.
 
   
Debt Outstanding
(In millions)
 
   
11/1/2010
   
12/31/2009
 
2.75% Convertible Debt
           
Put Option - August 2010
  $ -     $ 200  
2.00% Convertible Debt
               
Maturity - February 2012
    136       228  
10.25% Securitization Note
               
Expected Maturity -  September 2012
    225       300  
2.875% Convertible Debt
               
Maturity - February 2015
    180       -  
Total Debt
  $ 541     $ 728  

2010 Dividends
PDL previously announced that it would pay two special dividends of $0.50 per share each, to its stockholders in 2010. The first special dividend, totaling $59.9 million, was paid on April 1, 2010 to all stockholders of record on March 15, 2010. The second special dividend, totaling $69.8 million, was paid on October 1, 2010 to all stockholders of record on September 15, 2010. PDL does not pay regular dividends.

Fourth Quarter and Full Year 2010 Revenue Guidance
As previously announced, PDL will continue to provide revenue guidance for each quarter in the third month of that quarter. Fourth quarter and year-end 2010 revenue guidance will be provided in early December.

Conference Call Details
PDL will hold a conference call to discuss financial results at 4:30 p.m. ET today, November 10, 2010.

 

 

To access the live conference call via phone, please dial (866) 271-5140 from the United States and Canada or (617) 213-8893 internationally. The conference ID is 98631412. Please dial in approximately 10 minutes prior to the start of the call. A telephone replay will be available beginning approximately one hour after the call through November 17, 2010, and may be accessed by dialing (888) 286-8010 from the United States and Canada or (617) 801-6888 internationally. The replay passcode is 74992654.

To access the live and subsequently archived webcast of the conference call, go to the Company’s website at http://www.pdl.com and go to “Company Presentations & Events.” Please connect to the website at least 15 minutes prior to the call to allow for any software download that may be necessary.

About PDL BioPharma
PDL pioneered the humanization of monoclonal antibodies and, by doing so, enabled the discovery of a new generation of targeted treatments for cancer and immunologic diseases. PDL is focused on maximizing the value of its antibody humanization patents and related assets. The Company receives royalties on sales of a number of humanized antibody products marketed by leading pharmaceutical and biotechnology companies today based on patents which expire in late 2014. For more information, please visit www.pdl.com.

NOTE: PDL BioPharma and the PDL BioPharma logo are considered trademarks of PDL BioPharma, Inc.

Non-GAAP Financial Information
The Company has presented certain financial information in conformance with generally accepted accounting principles in the U.S. (GAAP) and also on a non-GAAP basis for the three and nine months ended September 30, 2010 and 2009.  Management believes that this non-GAAP information is useful for investors taken in conjunction with the Company’s GAAP financial statements.  Non-GAAP financial information is not prepared under a comprehensive set of accounting rules and should only be used to supplement an understanding of the Company’s net income as reported under GAAP.  A reconciliation between GAAP and non-GAAP financial information is provided in the table on page 5.

Forward-Looking Statements
This press release contains forward-looking statements. Each of these forward-looking statements involves risks and uncertainties. Actual results may differ materially from those, express or implied, in these forward-looking statements. Factors that may cause differences between current expectations and actual results include, but are not limited to, the following:

 
·
The expected rate of growth in royalty-bearing product sales by PDL’s existing licensees;
 
·
The relative mix of royalty-bearing Genentech products manufactured and sold outside the U.S. versus manufactured or sold in the U.S.;
 
·
The ability of our licensees to receive regulatory approvals to market and launch new royalty-bearing products and whether such products, if launched, will be commercially successful;
 
·
Changes in any of the other assumptions on which PDL’s projected royalty revenues are based;
 
·
The outcome of pending litigation or disputes;
 
·
The change in foreign currency exchange rate; and
 
·
The failure of licensees to comply with existing license agreements, including any failure to pay royalties due.

 

 

Other factors that may cause PDL’s actual results to differ materially from those expressed or implied in the forward-looking statements in this press release are discussed in PDL’s filings with the SEC, including the “Risk Factors” section of its annual and quarterly reports filed with the SEC. Copies of PDL’s filings with the SEC may be obtained at the “Investors” section of PDL’s website at www.pdl.com. PDL expressly disclaims any obligation or undertaking to release publicly any updates or revisions to any forward-looking statements contained herein to reflect any change in PDL’s expectations with regard thereto or any change in events, conditions or circumstances on which any such statements are based for any reason, except as required by law, even as new information becomes available or other events occur in the future. All forward-looking statements in this press release are qualified in their entirety by this cautionary statement.

 

 

PDL BIOPHARMA, INC.
CONDENSED CONSOLIDATED STATEMENTS OF INCOME DATA
(Unaudited)
(In thousands, except per share amounts)

   
Three Months Ended
   
Nine Months Ended
 
   
September 30,
   
September 30,
 
   
2010
   
2009
   
2010
   
2009
 
                         
Revenues
                       
Royalties
  $ 86,442     $ 71,446     $ 268,846     $ 247,147  
License and other
    -       -       -       12,785  
Total revenues
    86,442       71,446       268,846       259,932  
General and administrative expenses
    11,110       5,255       29,340       15,538  
Operating income
    75,332       66,191       239,506       244,394  
Gain (loss) on retirement or conversion of convertible notes
    (2,354 )     323       (18,681 )     1,518  
Interest and other income, net
    167       214       337       860  
Interest expense
    (9,928 )     (3,105 )     (34,015 )     (10,036 )
                                 
Income before income taxes
    63,217       63,623       187,147       236,736  
Income tax expense
    23,028       17,217       70,813       75,636  
Net income
  $ 40,189     $ 46,406     $ 116,334     $ 161,100  
                                 
Net income per basic share
  $ 0.32     $ 0.39     $ 0.95     $ 1.35  
Net income per diluted share
  $ 0.24     $ 0.29     $ 0.67     $ 0.97  
                                 
Cash dividends declared per common share
  $ -     $ -     $ 1.00     $ 1.00  
                                 
Shares used to compute income per basic share
    127,479       119,411       122,209       119,366  
Shares used to compute income per diluted share
    172,217       168,576       178,448       172,248  

PDL BIOPHARMA, INC.
RECONCILIATION OF GAAP TO NON-GAAP FINANCIAL INFORMATION
(Unaudited)
(In thousands, except per share amounts)

   
Three Months Ended
September 30,
   
Nine Months Ended
September 30,
 
 
 
2010
   
2009
   
2010
   
2009
 
                         
Net income
  $ 40,189     $ 46,406     $ 116,334     $ 161,100  
Add back loss (gain) on retirement or conversion of convertible notes
    2,354       (323 )     18,681       (1,518 )
Deduct income tax expense (benefit) on retirement or conversion of convertible notes
    -       113       (1,590 )     531  
Non-GAAP net income
    42,543       46,196       133,425       160,113  
                                 
Add back interest expense for convertible notes, net of estimated taxes
    987       1,681       3,982       5,444  
Non-GAAP net income used to compute non-GAAP net income per diluted share
  $ 43,530     $ 47,877     $ 137,407     $ 165,557  
                                 
Non-GAAP net income per diluted share
  $ 0.25     $ 0.28     $ 0.77     $ 0.96  
                                 
Shares used to compute net income per diluted share
    172,217       168,576       178,448       172,248  
Delete shares issued to induce note conversion to common stock (1)
    (104 )     -       (35 )     -  
Shares used to compute non-GAAP net income per diluted share
    172,113       168,576       178,413       172,248  

(1) The shares used to compute non-GAAP net income per diluted share amounts are the same as the shares used to calculate GAAP net income per diluted share amounts, except the shares for the three and nine months ended September 30, 2010 exclude the weighted average effect of the shares issued as an incentive to induce conversion of the 2023 Notes in August 2010.

 

 

PDL BIOPHARMA, INC.
GENERAL AND ADMINISTRATIVE EXPENSE DATA
(Unaudited)
(In thousands)

   
Three Months Ended
   
Nine Months Ended
 
   
September 30,
   
September 30,
 
   
2010
   
2009
   
2010
   
2009
 
Compensation and benefits
  $ 965     $ 821     $ 2,962     $ 2,389  
Legal expense
    8,660       3,063       20,821       7,436  
Other professional services
    535       567       2,618       2,133  
Insurance
    185       238       608       754  
Depreciation
    14       35       76       957  
Stock-based compensation
    166       215       525       617  
Other
    585       316       1,730       1,252  
Total general and administrative expenses
  $ 11,110     $ 5,255     $ 29,340     $ 15,538  

PDL BIOPHARMA, INC.
CONDENSED CONSOLIDATED BALANCE SHEET DATA
(Unaudited)
(In thousands)

   
September 30,
   
December 31,
 
   
2010
   
2009
 
Cash, cash equivalents and short-term investments
  $ 227,190     $ 303,227  
Total assets
  $ 257,507     $ 338,411  
Convertible notes payable
  $ 227,990     $ 427,998  
Non-recourse notes payable
  $ 225,041     $ 300,000  
Total stockholders' deficit
  $ (304,542 )   $ (415,953 )

PDL BIOPHARMA, INC.
CONDENSED CONSOLIDATED STATEMENTS OF CASH FLOW DATA
(Unaudited)
(In thousands)

   
Nine Months Ended
 
   
September 30,
 
   
2010
   
2009
 
Net income
  $ 116,334     $ 161,100  
Adjustments to reconcile net income to net cash provided by operating activities
    20,199       (3,586 )
Changes in assets and liabilities
    17,780       (24,710 )
Net cash provided by operating activities
  $ 154,313     $ 132,804  
 
 

 

PDL BIOPHARMA, INC.
MIX OF EX-U.S.-BASED SALES AND EX-U.S.-BASED MANUFACTURING AND SALES
OF GENENTECH PRODUCTS
(Unaudited)

   
Three Months Ended
   
Nine Months Ended
 
   
September 30,
   
September 30,
 
   
2010
   
2009
   
2010
   
2009
 
Avastin
                       
% Ex-U.S.-based Sales
    49 %     46 %     49 %     46 %
% Ex-U.S.-based-Manufacturing and Sales
    27 %     -       20 %     -  
Herceptin
                               
% Ex-U.S.-based-Sales
    68 %     68 %     70 %     70 %
% Ex-U.S.-based Manufacturing and Sales
    45 %     47 %     45 %     31 %
Lucentis
                               
% Ex-U.S.-based Sales
    56 %     55 %     57 %     52 %
% Ex-U.S.-based Manufacturing and Sales
    -       -       -       -  
Xolair
                               
% Ex-U.S.-based Sales
    34 %     31 %     35 %     28 %
% Ex-U.S.-based Manufacturing and Sales
    34 %     31 %     35 %     28 %