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8-K - FORM 8-K - PAR PHARMACEUTICAL COMPANIES, INC.form8kearningsq4andfullyear2.htm

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Contact:

Allison Wey

Vice President, Investor Relations and Corporate Affairs

Par Pharmaceutical Companies, Inc.

(201) 802-4000



PAR PHARMACEUTICAL COMPANIES REPORTS

FOURTH QUARTER AND FULL-YEAR RESULTS FOR 2010


Reports Q4 2010 GAAP EPS of $0.48; Adjusted Cash EPS of $0.61

Annual Revenue Tops $1.0 Billion for Second Consecutive Year

Achieves Record Gross Margin of $373.5 Million – Up 12% over FY 2009



Woodcliff Lake, N.J., February 24, 2011 – Par Pharmaceutical Companies, Inc. (NYSE:PRX) today reported results for the fourth quarter and full year ended December 31, 2010.


For the fourth quarter ended December 31, 2010, the Company reported total revenues of $227 million and income from continuing operations of $17.6 million, or $0.48 per diluted share, which includes a net $2.7 million charge related to the settlement of litigation and changes in estimates for loss contingencies.  Excluding these items, adjusted income from continuing operations (non-GAAP measure) was $19.3 million.  On an adjusted cash basis (non-GAAP measure), which excludes amortization expenses, income from continuing operations was $22.3 million, or $0.61 per diluted share for the fourth quarter 2010.  This is compared to reported revenues of $290.3 million and income from continuing operations of $10.8 million, or $0.31 per diluted share for the same period in 2009, which included several one-time items. On an adjusted cash basis, income from continuing operations was $25.8 million, or $0.74 per diluted share for the fourth quarter 2009.  


For the full year ended December 31, 2010, total revenue was $1.0 billion with income from continuing operations of $92.8 million, or $2.60 per diluted share. On an adjusted cash basis (non-GAAP measure), which excludes amortization expenses and certain items as detailed in the attached reconciliation, income from continuing operations was $105.0 million, or $2.95 per diluted share.  This compares to reported revenues of $1.2 billion and income from continuing operations of $77.6 million, or $2.27 per diluted share, for 2009.  On an adjusted cash basis, income from continuing operations for the full year 2009 was $100.2 million, or $2.93 per diluted share.



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Fourth Quarter Highlights  

Key Product Sales (Net sales comparisons at the product level are to third quarter 2010)

·    Metoprolol:  For the quarter ended December 31, 2010, net sales of metoprolol succinate were $73.0 million, a decrease from the third quarter 2010.  The decrease was driven by a decline in volume and price due to competition on all strengths.  Net sales for the full year 2010 were $473.2 million.  Par Pharmaceutical, the Company’s generic drug division, is the authorized generic for all strengths of AstraZeneca’s Toprol XL®.

·    Sumatriptan: Net sales of sumatriptan succinate were $19.9 million in the fourth quarter compared to $18.3 million in the prior quarter.  The increase is due to additional volume driven by customer buying patterns.  Net sales for the full year 2010 were $73.0 million. Par Pharmaceutical remained the exclusive supplier of generic Imitrex® 4mg and 6mg starter kits and 4mg prefilled cartridges and had one competitor in the 6mg prefilled cartridges throughout the fourth quarter.


·    Hydrocodone polistirex and chlorpheniramine polistirex: Net sales of hydrocodone and chlorpheniramine ER oral suspension were $17.5 million in the fourth quarter.  Par Pharmaceutical launched the product in October 2010.


·    Omeprazole sodium bicarbonate capsules: Net sales were $4.4 million for the fourth quarter 2010 compared to $13.5 million for the third quarter.  The decrease was due to higher trade inventories for the initial launch phase, which occurred in the third quarter.


·    Clonidine:  Net sales for the fourth quarter were $8.7 million compared to $7.8 million in the third quarter.  The increase was due to additional volume driven by customer buying patterns.  Net sales for the full year were $61.3 million.

 

·    Meclizine: Net sales for fourth quarter were $5.4 million compared to $6.2 million in the previous quarter.  The decrease was driven by a decline in volume and price due to competition.  Net sales for the full year were $31.2 million.

 

·   Tramadol ER:  Net sales for the fourth quarter 2010 were $6.1 compared to $5.5 million in the prior quarter.  Net sales for the full year were $22.6 million. Par Pharmaceutical remains one of only two suppliers of tramadol ER since its launch in November 2009.


·   Other generic products:  For the fourth quarter 2010, net sales from all other generic products were $68.2 million. When adjusted for certain events, fourth quarter net sales were $57.2 million. This compares to adjusted third quarter net sales of $62.2 million.  


·   Megace® ES:  Net sales were $14.8 million for the fourth quarter compared to $16.8 million in the third quarter.  The decrease was due to a decrease in volume and an increase in returns.  Net sales for the full year were $60.9 million.


·   Nascobal® B12 Nasal Spray:  Net sales were $4.8 million for the three months ended December 31, 2010 compared to $4.9 million in the third quarter.  Net sales for the full year were $17.7 million.



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Total net revenues for the three months ended December 31, 2010, were $227.0 million compared to $290.3 million from prior year, principally driven by additional competition in metoprolol, meclizine, and clonidine.


Gross margin for the fourth quarter 2010 increased compared to the prior year due primarily to the launches of omeprazole, diazepam, and hydrocodone polistirex and chlorpheniramine polistirex, as well as increases in other generic products.  These gains were partially offset by lower metroprolol, clonidine and meclizine sales and the impact of U.S. healthcare reform enacted in 2010.


 

 

 

4Q 2010

 

4Q 2009

 

 

 

 

 

$

%

 

$

%

 

 

 

Key Par (Generic) Products (1)

 

 $   42.7

31.6%

 

 $   45.2

21.6%

 

 

 

 

 

 

 

 

 

 

 

 

 

All other Par (Generic)

 

      36.2

53.1%

 

  27.0

48.6%

 

 

 

 

 

 

 

 

 

 

 

 

 

Total Par (Generic)

 

 $   78.9

38.8%

 

 $   72.2

27.3%

 

 

 

 

 

 

 

 

 

 

 

 

 

Strativa (Branded) Products

 

 $   16.4

68.6%

 

 $   19.2

74.6%

 

 

 

 

 

 

 

 

 

 

 

 

 

Total (All Products)

 

 $   95.3

42.0%

 

 $   91.4

31.5%

 

 

 

 

 

 

 

 

 

 

 

 

(1)   2010 is comprised of metoprolol, clonidine, sumatriptan, omeprazole, meclizine and tramadol ER.  2009 does not include omeprazole and hydrocodone/chlorpheniramine, which were launched subsequent to 4Q 2009.



Research and development expenses were $12.9 million in the fourth quarter of 2010 compared to $19.7 million in the fourth quarter 2009.  The decrease was due primarily to the non-recurrence of an amendment with MonoSol Rx in the fourth quarter 2009.


Selling, general and administrative expenses for the fourth quarter 2010 increased to $52.1 million compared to $42.8 million in the fourth quarter of 2009.  This increase primarily reflects on-going direct expenditures supporting Strativa sales and marketing, driven primarily by an increase in the field force and other activities related to the 2010 launches of Oravig and Zuplenz, as well as higher legal fees and severance charges.


Cash and cash equivalents and marketable securities aggregate balance as of December 31, 2010 was $246.5 million and includes significant one-time cash outflows from the repayment of the outstanding balance of the Company’s Senior Subordinated Convertible Notes in the amount of $47.0 million and $63.0 million in payments to development partners.


Product and Pipeline Update

Strativa Pharmaceuticals launched Oravig® and Zuplenz (ondansetron) in the second half of 2010 and records revenues on an as-prescribed basis.


In November 2010, Par Pharmaceutical began shipping 10mg and 20mg strengths of a generic version of AstraZenecas Accolate® (zafirlukast) tablets. Par is the authorized generic for all strengths of AstraZeneca’s Accolate.  According to IMS Health data, annual sales in the U.S. for Accolate are approximately $50 million.



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On January 3, 2011, Par Pharmaceutical successfully launched all strengths of amlodipine besylate and benazepril hydrochloride capsules, the generic version of Novartis’ Lotrel®.  Par has been awarded 180 days of marketing exclusivity for the 5/40mg and 10/40mg strengths, commencing at launch, for being the first to file an ANDA containing a paragraph IV certification for the product.  According to IMS Health data, annual sales in the U.S. for these two strengths of Lotrel are approximately $361 million.


On January 3, 2011, Par Pharmaceutical successfully launched the 225mg, 325mg, and 425mg strengths of propafenone SR capsules, the generic version of GlaxoSmithKline’s Rythmol SR®.  Par Pharmaceutical has been awarded 180 days of marketing exclusivity, commencing at launch, for being the first to file an ANDA containing a paragraph IV certification for the product.  According to IMS Health data, annual sales in the U.S. of Rythmol are approximately $121 million.


Par Pharmaceutical along with third-party partners currently have approximately 29 ANDAs pending with the FDA, 11 of which it believes to be first-to-file opportunities with a brand value of approximately $8.0 billion.


Conference Call

Par Pharmaceutical Companies, Inc has scheduled a conference call for Thursday, February 24 at 9:00 am EST to discuss results for the fourth quarter and full year 2010.  The Company 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 www.parpharm.com.


 

Dial-in Information

Domestic:

866-383-8008

International:

617-597-5341

Passcode:

93413925


A replay of the conference call will be available for two weeks approximately one hour after the call.

Replay Information

Domestic:

888-286-8010

International:

617-801-6888

Passcode:

37412260


Non-GAAP Measures

Par Pharmaceutical Companies, Inc. (“the Company”) believes it prepared its consolidated financial statements in conformity with accounting principles generally accepted in the United States of America (U.S. GAAP) and pursuant to accounting requirements of the Securities and Exchange Commission.  In an effort to provide investors with additional information regarding the Company’s results and to provide a meaningful period-over-period 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 an attached schedule.  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



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reviews the Company’s results 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.


About Par Pharmaceutical Companies, Inc.

Par Pharmaceutical Companies, Inc. is a US-based specialty pharmaceutical company.  Through its wholly-owned subsidiary’s two operating divisions, Par Pharmaceutical and Strativa Pharmaceuticals, it develops, manufactures and markets higher-barrier-to-entry generic drugs and niche, innovative proprietary pharmaceuticals. For press release and other company information, visit www.parpharm.com.


Safe Harbor Statement

Certain statements in this news 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 known and unknown risks, uncertainties and contingencies, many of which are beyond the control of the Company, which could cause actual results and outcomes to differ materially from those expressed herein.  Risk factors that might affect such forward-looking statements include those set forth in Item 1A of the Company’s most recent Annual Report on Form 10-K, in other of the Company’s filings with the SEC from time to time, including Quarterly Reports on Form 10-Q and Current Reports on Form 8-K, and on general industry and economic conditions.  Any forward-looking statements included in this news 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 STATEMENTS OF OPERATIONS

(In Thousands, Except Per Share Data)

 

 

 

 

 

 

(Unaudited)

 

 

 

 

 

Three Months Ended

 

Twelve Months Ended

 

December 31,

 

December 31,

 

December 31,

 

December 31,

 

2010

 

2009

 

2010

 

2009

Revenues:

 

 

 

 

 

 

 

    Net product sales

$217,483

 

$285,094

 

$980,631

 

$1,176,427

    Other product related revenues

9,545

 

5,227

 

28,243

 

16,732

Total revenues

227,028

 

290,321

 

1,008,874

 

1,193,159

Cost of goods sold

131,760

 

198,983

 

635,343

 

859,206

    Gross margin

95,268

 

91,338

 

373,531

 

333,953

Operating expenses:

 

 

 

 

 

 

 

    Research and development

12,912

 

19,668

 

50,369

 

39,235

    Selling, general and administrative

52,102

 

42,752

 

192,504

 

165,135

    Settlements and loss contingencies, net

5,456

 

3,560

 

3,762

 

307

    Restructuring costs

-

 

(246)

 

-

 

1,006

Total operating expenses

70,470

 

65,734

 

246,635

 

205,683

Gain on sale of product rights and other

25

 

-

 

6,025

 

3,200

Operating income

24,823

 

25,604

 

132,921

 

131,470

Gain on bargain purchase

-

 

-

 

-

 

3,021

Loss on extinguishment of senior subordinated convertible notes

-

 

(4,962)

 

-

 

(2,598)

(Loss) gain on marketable securities and other investments, net

(108)

 

-

 

3,459

 

(55)

Interest income

315

 

330

 

1,257

 

2,658

Interest expense

(151)

 

(1,078)

 

(2,905)

 

(8,013)

Income from continuing operations before provision
    for income taxes

24,879

 

19,894

 

134,732

 

126,483

Provision for income taxes

7,249

 

9,050

 

41,980

 

48,883

Income from continuing operations

17,630

 

10,844

 

92,752

 

77,600

Discontinued operations:

 

 

 

 

 

 

 

Provision for income taxes

126

 

144

 

21

 

672

Loss from discontinued operations

(126)

 

(144)

 

(21)

 

(672)

Net income

$17,504

 

$10,700

 

$92,731

 

$76,928

 

 

 

 

 

 

 

 

Basic earnings (loss) per share of common stock:

 

 

 

 

 

 

 

Income from continuing operations

$0.50

 

$0.32

 

$2.70

 

$2.30

Loss from discontinued operations

(0.00)

 

(0.00)

 

(0.00)

 

(0.02)

Net income

$0.50

 

$0.32

 

$2.70

 

$2.28

 

 

 

 

 

 

 

 

Diluted earnings (loss) per share of common stock:

 

 

 

 

 

 

 

Income from continuing operations

$0.48

 

$0.31

 

$2.60

 

$2.27

Loss from discontinued operations

(0.00)

 

(0.00)

 

(0.00)

 

(0.02)

Net income

$0.48

 

$0.31

 

$2.60

 

$2.25

 

 

 

 

 

 

 

 

Weighted average number of common shares outstanding:

 

 

 

 

 

 

 

  Basic

34,878

 

33,773

 

34,307

 

33,679

  Diluted

36,345

 

34,964

 

35,644

 

34,188

 



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PAR PHARMACEUTICAL COMPANIES, INC.

CONSOLIDATED BALANCE SHEETS

DECEMBER 31, 2010 AND 2009

(In Thousands, Except Share Data)


 

 

December 31,

 

December 31,

 

 

2010

 

2009

      ASSETS

 

 

 

 

Current assets:

 

 

 

 

    Cash and cash equivalents

 

$218,674

 

$121,668

    Available for sale marketable debt securities

 

27,866

 

39,525

    Accounts receivable, net  

 

95,705

 

154,837

    Inventories

 

72,580

 

80,729

    Prepaid expenses and other current assets

 

17,660

 

14,051

    Deferred income tax assets

 

26,037

 

26,356

    Income taxes receivable

 

18,605

 

9,005

    Total current assets

 

477,127

 

446,171

 

 

 

 

 

Property, plant and equipment, net

 

71,980

 

74,696

Available for sale marketable debt and equity securities

 

-

 

475

Intangible assets, net

 

95,467

 

69,272

Goodwill

 

63,729

 

63,729

Other assets

 

5,441

 

989

Non-current deferred income tax assets, net

 

69,488

 

68,495

Total assets

 

$783,232

 

$723,827

 

 

 

 

 

      LIABILITIES AND STOCKHOLDERS’ EQUITY

 

 

 

 

Current liabilities:

 

 

 

 

    Current portion of long-term debt

 

$ -

 

$46,175

    Accounts payable

 

23,956

 

22,662

    Payables due to distribution agreement partners

 

25,310

 

58,552

    Accrued salaries and employee benefits

 

16,397

 

16,072

    Accrued government pricing liabilities

 

32,169

 

24,713

    Accrued legal fees

 

7,084

 

5,941

    Accrued expenses and other current liabilities

 

6,674

 

8,962

    Total current liabilities

 

111,590

 

183,077

 

 

 

 

 

Long-term debt, less current portion

 

-

 

-

Other long-term liabilities

 

43,198

 

42,097

Commitments and contingencies

 

-

 

-

 

 

 

 

 

Stockholders' equity

 

 

 

 

    Common Stock, par value $0.01 per share, authorized 90,000,000 shares; issued

 

 

 

 

         38,872,663 and 37,662,231 shares

 

389

 

377

    Additional paid-in capital

 

373,764

 

331,667

    Retained earnings

 

329,129

 

236,398

    Accumulated other comprehensive gain

 

137

 

357

    Treasury stock, at cost 2,970,573 and 2,815,879 shares

 

(74,975)

 

(70,146)

    Total stockholders' equity

 

628,444

 

498,653

Total liabilities and stockholders’ equity

 

$783,232

 

$723,827







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Reconciliation Between Reported (GAAP); Adjusted Income from Continuing Operations and “Cash EPS”

(In Thousands, Except Per Share Data)

(Unaudited)

 

Three Months Ended

 

December 31,

 

December 31,

 

2010

 

2009

Income from Continuing Operations

$17,630

 

$10,844

 

 

 

 

Litigation settlements and contingencies

2,741

 

3,500

Upfront and development milestone payments

-

 

10,500

(Gain)/loss on extinguishment of debt

-

 

4,962

Non-cash interest expense

-

 

575

Restructuring costs

-

 

(246)

Sum of adjustments, pre-tax

$2,741

 

$19,291

Estimated tax on adjustments

(1,042)

 

(7,331)

Adjusted Income from Continuing Operations (non-GAAP measure)

$19,329

 

$22,804

 

 

 

 

Amortization Expense

4,772

 

4,836

    Estimated tax impact

(1,813)

 

(1,838)

Amortization Expense, net of tax

2,959

 

2,998

    Adjusted Cash basis from Continuing Operations (non-GAAP measure)

22,288

 

25,802

    “Cash EPS” from Continuing Operations (non-GAAP measure)

$0.61

 

$0.74

 

 

 

 

Diluted weighted average shares outstanding

36,345

 

34,964


 

 

 

 

 

Twelve Months Ended

 

December 31,

 

December 31,

 

2010

 

2009

Income from Continuing Operations

$92,752

 

$77,600

 

 

 

 

Upfront and development milestone payments

19,000

 

11,500

Non-cash interest expense

1,571

 

4,399

Litigation settlements and contingencies

861

 

88

Abrika earn-out payment

(3,567)

 

-

Sale of product rights

(5,000)

 

(3,200)

(Gain)/loss on extinguishment of debt

-

 

2,598

Gain on bargain purchase

-

 

(3,021)

Restructuring costs

-

 

1,006

Sum of adjustments, pre-tax

$12,865

 

$13,370

Estimated tax on adjustments

(4,889)

 

(5,081)

Resolution of tax contingencies

(3,657)

 

-

Domestic manufacturing tax benefit

(2,009)

 

-

Adjusted Income from Continuing Operations (non-GAAP measure)

$95,062

 

$85,889

 

 

 

 

Amortization Expense

16,005

 

23,057

    Estimated tax impact

(6,082)

 

(8,762)

Amortization Expense, net of tax

9,923

 

14,295

    Adjusted Cash basis from Continuing Operations (non-GAAP measure)

104,985

 

100,184

    “Cash EPS” from Continuing Operations (non-GAAP measure)

$2.95

 

$2.93

 

 

 

 

Diluted weighted average shares outstanding

35,644

 

34,188