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King Pharmaceuticals Reports Third-Quarter 2007 Financial Results

Nov 08, 2007 6:00 AM CST

Highlights Shift In Strategic Focus


BRISTOL, Tenn.-- (BUSINESS WIRE) -- King Pharmaceuticals, Inc. (NYSE:KG) announced today that total revenues increased 11% to $545 million during the third quarter ended September 30, 2007, compared to $492 million in the third quarter of 2006. As a result of the special charges detailed below, the reported net loss equaled $41 million and diluted loss per share equaled $0.17 during the third quarter of 2007, compared to net earnings of $90 million and diluted earnings per share of $0.37 in the third quarter of the prior year. Excluding special items, net earnings equaled $128 million and diluted earnings per share equaled $0.52 during the third quarter ended September 30, 2007, compared to net earnings of $106 million and diluted earnings per share of $0.44 in the third quarter of 2006.

Brian A. Markison, Chairman, President and Chief Executive Officer of King, stated, We are pleased with the Companys continued strong quarterly revenue and cash flow from operations. In light of recent developments, we have moved quickly to accelerate our planned strategic shift to emphasize our neuroscience, hospital and acute care medicine platforms. As a result, we recorded a number of special items in the third quarter. This included a restructuring of our organization, particularly our sales force, to best support our strategic priorities.

Mr. Markison added, Consistent with the strategic shift initiated in 2005, we have sharpened our focus on specialty driven markets where we have a strong presence and a demonstrated commitment to meeting the needs of our customers. By leveraging Kings solid financial position, we will continue to enhance our presence in our targeted markets and opportunistically expand into other attractive specialty markets. Our recently announced alliance with Acura Pharmaceuticals to develop and commercialize ACUROX Tablets and other products utilizing Acuras Aversion® Technology platform exemplifies this strategy, significantly strengthening Kings pain management franchise.

Mr. Markison concluded, We are confident that our focus on specialty driven markets will maximize Kings potential for long-term growth, enabling us to deliver on the expectations of our shareholders.

As of September 30, 2007, the Companys cash and cash equivalents and investments in debt securities totaled approximately $1.1 billion. The Company generated cash flow from operations of $174 million during the third quarter of 2007.

Net revenue from branded pharmaceuticals totaled $472 million for the third quarter of 2007, a 9% increase from $433 million during the third quarter of 2006.

ALTACE® (ramipril) net sales totaled $169 million during the third quarter of 2007, compared to $159 million during the third quarter of 2006.

Net sales of SKELAXIN® (metaxalone) totaled $106 million during each of the third quarters of 2007 and 2006.

THROMBIN-JMI® (thrombin, topical, bovine, USP) net sales totaled $69 million during the third quarter of 2007, compared to $70 million during the third quarter of 2006.

Net sales of AVINZA® (morphine sulfate extended release) totaled $32 million during the third quarter of 2007. The Company acquired AVINZA® in February 2007.

Net sales of SONATA® (zaleplon) totaled $18 million during the third quarter of 2007, compared to $19 million during the third quarter of the prior year.

LEVOXYL® (levothyroxine sodium tablets, USP) net sales decreased to $21 million during the third quarter ended September 30, 2007 from $25 million during the third quarter of 2006.

Kings Meridian Medical Technologies business contributed revenue totaling $48 million during the third quarter of 2007, compared to $37 million during the same period of the prior year.

Royalty revenues, derived primarily from ADENOSCAN® (adenosine), totaled $20 million during the third quarter ended September 30, 2007. For the third quarter ended September 30, 2007, net revenue from contract manufacturing equaled $2 million.

Webcast Information

King will conduct a webcast today which may include discussion of the Companys marketed products, pipeline, strategy for growth, financial results and expectations, and other matters relating to its business. Interested persons may listen to the webcast on Thursday, November 8, 2007, at 11:00 a.m., E.S.T., by clicking the following link to register and then joining the live event with the same URL:

http://www.kingpharm.com/web_casts.asp

If you are unable to participate during the live event, the webcast will be archived on Kings web site at the same link for not less than 30 days after the webcast.

About Special Items

Under Generally Accepted Accounting Principles (GAAP), reported net earnings and diluted earnings per share include special items. In addition to the reported results determined in accordance with GAAP, King provides its net earnings and diluted earnings per share results for the third quarters and nine months ended September 30, 2007 and 2006, excluding special items. These non-GAAP financial measures exclude special items which are those particular material income or expense items that King considers to be unrelated to the Companys ongoing, underlying business, non-recurring, or not generally predictable. Such items include, but are not limited to, merger and restructuring expenses; non-capitalized expenses associated with acquisitions, such as in-process research and development charges and one-time inventory valuation adjustment charges; charges resulting from the early extinguishment of debt; asset impairment charges; expenses of drug recalls; and gains and losses resulting from the divestiture of assets. King believes the identification of special items enhances the analysis of the Companys ongoing, underlying business and the analysis of the Companys financial results when comparing those results to that of a previous or subsequent like period. However, it should be noted that the determination of whether to classify an item as a special item involves judgments by Kings management. A reconciliation of non-GAAP financial measures referenced herein and Kings reported financial results determined in accordance with GAAP is provided below.

About King Pharmaceuticals

King, headquartered in Bristol, Tennessee, is a vertically integrated branded pharmaceutical company. King, an S&P 500 Index company, seeks to capitalize on opportunities in the pharmaceutical industry through the development, including through in-licensing arrangements and acquisitions, of novel branded prescription pharmaceutical products in attractive markets and the strategic acquisition of branded products that can benefit from focused promotion and marketing and product life-cycle management.

Forward-looking Statements

This release contains forward-looking statements which reflect managements current views of future events and operations, including, but not limited to, statements pertaining to the Companys plan to continue enhancing its presence in target, specialty driven markets; statements pertaining to the Companys potential for long-term growth and ability to deliver on the expectations of its shareholders; and statements pertaining to the Companys planned webcast to discuss its third-quarter 2007 results. These forward-looking statements involve certain significant risks and uncertainties, and actual results may differ materially from the forward-looking statements. Some important factors which may cause actual results to differ materially from the forward-looking statements include dependence on the future level of demand for and net sales of Kings branded pharmaceutical products; dependence on Kings ability to successfully market its branded pharmaceutical products; dependence on Kings ability to increase its presence in its targeted specialty driven markets; dependence on Kings ability to continue to acquire branded pharmaceutical products, including products in development; dependence on Kings ability to continue to successfully execute the Companys strategy and to continue to capitalize on strategic opportunities in the future for sustained long-term growth; dependence on Kings ability to successfully integrate its acquisitions; dependence on the Companys ability to continue to advance the development of its pipeline products as planned; dependence on the high cost and uncertainty of research, clinical trials, and other development activities involving pharmaceutical products in which King has an interest; dependence on the unpredictability of the duration and results of the U.S. Food and Drug Administrations (FDA) review of Investigational New Drug applications (IND), New Drug Applications (NDA), and Abbreviated New Drug Applications (ANDA) and/or the review of other regulatory agencies worldwide that relate to those projects; dependence on the availability and cost of raw materials; dependence on no material interruptions in supply by contract manufacturers of Kings products; dependence on the potential effect on sales of the Companys existing branded pharmaceutical products as a result of the potential development and approval of a generic substitute for any such product or other new competitive products; dependence on the potential effect of future acquisitions and other transactions pursuant to the Companys growth strategy; dependence on Kings compliance with FDA and other government regulations that relate to the Companys business; dependence on Kings ability to conduct its webcast as currently planned on November 8, 2007; dependence on changes in general economic and business conditions; changes in current pricing levels; changes in federal and state laws and regulations; changes in competition; unexpected changes in technologies and technological advances; and manufacturing capacity constraints. Other important factors that may cause actual results to differ materially from the forward-looking statements are discussed in the Risk Factors section and other sections of Kings Form 10-K for the year ended December 31, 2006 and Form 10-Q for the quarter ended June 30, 2007, which are on file with the U.S. Securities and Exchange Commission. King does not undertake to publicly update or revise any of its forward-looking statements even if experience or future changes show that the indicated results or events will not be realized.

KING PHARMACEUTICALS, INC.
CONSOLIDATED BALANCE SHEETS
(in thousands, except share data)
           
 
 
September 30, December 31,
  2007   2006  
(Unaudited)
ASSETS
Current assets:
Cash and cash equivalents $ 24,943 $ 113,777
Investments in debt securities 1,051,876 890,185
Marketable securities 2,273 -
Accounts receivable, net 264,805 263,939
Inventories 148,763 202,577
Deferred income tax assets 111,272 81,991
Income tax receivable 4,817 -
Prepaid expenses and other current assets 33,016 106,595
Current assets held for sale   13,519   14,409  
Total current assets   1,655,284   1,673,473  
Property, plant and equipment, net 250,203 244,382
Intangible assets, net 832,326 790,313
Goodwill 129,145 121,152
Deferred income tax assets 340,237 271,554
Marketable securities - 11,578
Other assets 98,552 93,347
Assets held for sale   72,526   123,732  
Total assets $ 3,378,273 $ 3,329,531  
 
LIABILITIES AND SHAREHOLDERS EQUITY
Current liabilities:
Accounts payable $ 59,033 $ 77,158
Accrued expenses 394,057 510,137
Income taxes payable   -   30,501  
Total current liabilities   453,090   617,796  
 
Long-term debt 400,000 400,000
Other liabilities   66,635   23,129  
Total liabilities   919,725   1,040,925  
 
Commitments and contingencies
Shareholders equity:
Common stock no par value, 600,000,000 shares authorized, 244,414,548 and 243,151,223 shares issued and outstanding, respectively
1,274,550 1,244,986
Retained earnings 1,182,539 1,043,902
Accumulated other comprehensive income   1,459   (282 )
Total shareholders equity   2,458,548   2,288,606  
Total liabilities and shareholders equity $ 3,378,273 $ 3,329,531  
KING PHARMACEUTICALS, INC.
CONSOLIDATED STATEMENTS OF OPERATIONS
(in thousands, except per share data)
(Unaudited)
           
 
Three Months Ended Nine Months Ended
September 30, September 30,
  2007       2006     2007       2006  
REVENUES:
Total revenues $ 544,854   $ 491,706   $ 1,603,610   $ 1,475,586  
OPERATING COSTS AND EXPENSES:
Cost of revenues , exclusive of depreciation, amortization and impairments shown below 115,951 106,473 349,090 305,925
Excess purchase commitment 24,632 - 24,632 -
Excess Inventory Reserve 57,178 - 57,178 -
Contract termination   -     -     3,845     -  
Total cost of revenues   197,761     106,473     434,745     305,925  
Selling, general and administrative, exclusive of co-promotion fees 135,075 112,802 383,601 320,517
Special legal and professional fees 1,211 (5,502 ) 723 (1,037 )
Co-promotion fees   48,971     50,294     142,453     162,615  
Total selling, general, and administrative expense   185,257     157,594     526,777     482,095  
Depreciation and amortization 34,659 36,361 107,749 109,273
Accelerated depreciation 2,103 1,472 5,103 1,472
Research and development 34,889 38,419 104,515 102,931
Research and development-In-process upon acquisition 200 25,000 3,300 110,000
Asset impairments 147,838 - 222,648 279
Restructuring charges   20,274     3,202     20,734     3,194  
Total operating costs and expenses   622,981     368,521     1,425,571     1,115,169  
 
OPERATING (LOSS) INCOME (78,127 ) 123,185 178,039 360,417
OTHER (EXPENSE) INCOME:
Interest expense (1,792 ) (1,894 ) (5,670 ) (7,925 )
Interest income 10,678 8,489 28,461 22,842
Loss on investment (10,453 ) - (10,453 ) -
(Loss) gain on early extinguishment of debt - (11 ) - 698
Other, net   (416 )   101     (681 )   (613 )
Total other (expense) income   (1,983 )   6,685     11,657     15,002  
(LOSS) INCOME FROM CONTINUING OPERATIONS BEFORE INCOME TAXES (80,110 ) 129,870 189,696 375,419
Income tax (benefit) expense   (39,583 )   40,020     49,310     123,931  
(LOSS) INCOME FROM CONTINUING OPERATIONS   (40,527 )   89,850     140,386     251,488  
DISCONTINUED OPERATIONS
(Loss) income from discontinued operations (16 ) 865 (351 ) 775
Income tax (benefit) expense   (5 )   310     (125 )   278  
Total (loss) income from discontinued operations   (11 )   555     (226 )   497  
NET (LOSS) INCOME $ (40,538 ) $ 90,405   $ 140,160   $ 251,985  
 
Basic net (loss) income per common share $ (0.17 ) $ 0.37   $ 0.58   $ 1.04  
 
Diluted net (loss) income per common share $ (0.17 ) $ 0.37   $ 0.57   $ 1.04  
 
Shares used in basic net (loss) income per share 243,119 242,256 242,752 242,163
Shares used in diluted net (loss) income per share 243,119 242,798 244,142 242,711
KING PHARMACEUTICALS, INC.
CONSOLIDATED STATEMENTS OF OPERATIONS
EXCLUDING SPECIAL ITEMS - NON GAAP
(in thousands, except per share data)
(Unaudited)
             
 
Three Months Ended Nine Months Ended
September 30, September 30,
  2007       2006     2007       2006  
REVENUES:
Total revenues $ 544,854   $ 491,706   $ 1,603,610   $ 1,475,586  
OPERATING COSTS AND EXPENSES:
Cost of revenues , exclusive of depreciation and amortization   115,951     106,473     349,090     305,925  
Selling, general and administrative, exclusive of co-promotion fees 135,075 112,802 383,601 320,517
Co-promotion fees   48,971     50,294     142,453     162,615  
Total selling, general, and administrative expense   184,046     163,096     526,054     483,132  
Depreciation and amortization 34,659 36,361 107,749 109,273
Research and development   34,889     38,419     104,515     102,931  
Total operating costs and expenses   369,545     344,349     1,087,408     1,001,261  
 
OPERATING INCOME 175,309 147,357 516,202 474,325
OTHER INCOME (EXPENSE):
Interest expense (1,792 ) (1,894 ) (5,670 ) (7,925 )
Interest income 10,678 8,489 28,461 22,842
Other, net   (416 )   101     (681 )   (613 )
Total other income   8,470     6,696     22,110     14,304  
INCOME BEFORE INCOME TAXES 183,779 154,053 538,312 488,629
Income tax expense   55,896     48,430     174,945     164,690  
NET INCOME $ 127,883   $ 105,623   $ 363,367   $ 323,939  
 
 
Basic net income per common share $ 0.53   $ 0.44   $ 1.50   $ 1.34  
 
Diluted net income per common share $ 0.52   $ 0.44   $ 1.49   $ 1.33  
 
Shares used in basic net income per share 243,119 242,256 242,752 242,163
Shares used in diluted net income per share 244,206 242,798 244,142 242,711
KING PHARMACEUTICALS, INC.
RECONCILIATION OF NON-GAAP MEASURES
(in thousands, except per share data)
(Unaudited)
             
 
The following tables reconcile Non-GAAP measures to amounts reported under GAAP:
 
 
Three Months Ended September 30, 2007 Nine Months Ended September 30, 2007
EPS EPS
 
Net income, excluding special items $ 127,883 $ 363,367
Diluted income per common share, excluding special items $ 0.52 $ 1.49
SPECIAL ITEMS:
Excess purchase commitment (cost of goods sold) (24,632 ) (0.10 ) (24,632 ) (0.10 )
Contract termination (cost of revenues) - - (3,845 ) (0.02 )
Excess Inventory reserve (cost of revenues) (57,178 ) (0.23 ) (57,178 ) (0.23 )
Special legal and professional fees (selling, general, and administrative) (1,211 ) (0.01 ) (723 ) (0.00 )
Accelerated depreciation (other operating costs and expenses) (2,103 ) (0.01 ) (5,103 ) (0.02 )
Research and development -in-process upon acquisition (other operating costs and expenses) (200 ) (0.00 ) (3,300 ) (0.01 )
Asset impairments (other operating costs and expenses) (147,838 ) (0.61 ) (222,648 ) (0.92 )
Restructuring charges (other operating costs and expenses) (20,274 ) (0.08 ) (20,734 ) (0.09 )
Loss on investment (other income (expense)) (10,453 ) (0.04 ) (10,453 ) (0.04 )
Loss from discontinued operations   (16 )   (0.00 )   (351 )   (0.00 )
Total special items before income taxes (263,905 ) (1.08 ) (348,967 ) (1.43 )
Income tax benefit from special items   95,484   0.39   125,760   0.51
Net income $ (40,538 )   $ 140,160    
Diluted (loss) income per common share, as reported under GAAP $ (0.17 ) $ 0.57  
 
Three Months Ended September 30, 2006 Nine Months Ended September 30, 2006
EPS EPS
 
Net income, excluding special items $ 105,623 $ 323,939
Diluted income per common share, excluding special items $ 0.44 $ 1.33
SPECIAL ITEMS:
Special legal and professional fees (selling, general, and administrative) 5,502 0.02 1,037 0.01
Accelerated depreciation (other operating costs and expenses) (1,472 ) (0.01 ) (1,472 ) (0.01 )

Research and development-in-process upon acquisition (other operating costs and expenses)

(25,000 ) (0.10 ) (110,000 ) (0.45 )
Intangible asset impairment (other operating costs and expenses) - - (279 ) (0.00 )
Restructuring charges (other operating costs and expenses) (3,202 ) (0.01 ) (3,194 ) (0.01 )
(Loss) gain on early extinguishment of debt (other income (expense)) (11 ) (0.00 ) 698 0.00
Income (loss) from discontinued operations   865     0.00     775     0.00  
Total special items before income taxes (23,318 ) (0.10 ) (112,435 ) (0.46 )
Income tax benefit from special items   8,100   0.03   40,481   0.17
Net income $ 90,405     $ 251,985    
Diluted income per common share, as reported under GAAP $ 0.37   $ 1.04  

KING PHARMACEUTICALS, INC.

SUMMARY RECONCILIATION OF SPECIAL ITEMS

FOR THE THIRD QUARTERS ENDED SEPTEMBER 30, 2007 AND 2006

King recorded special items during the third quarter ended September 30, 2007 resulting in a net charge of $264 million, or $168 million net of tax, primarily due to (i) a charge totaling $146 million related to the impaired value of the intangible assets associated with ALTACE®, (ii) charges totaling $82 million primarily related to the impaired value of raw material inventory and related contracts associated with ALTACE®, and (iii) a charge totaling $20 million related to the restructuring of the Companys workforce. With respect to the restructuring, the Company expects to incur an additional special charge of approximately $50 million in the fourth quarter of this year.

During the third quarter ended September 30, 2006, King recorded special items resulting in a net charge of $23 million, or $15 million net of tax, primarily due to a $25 million charge related to acquired in-process research and development associated with Kings collaboration with Arrow and certain of its affiliates to commercialize novel formulations of Altace®.

KING PHARMACEUTICALS, INC.

SUMMARY RECONCILIATION OF SPECIAL ITEMS

FOR THE NINE MONTHS ENDED SEPTEMBER 30, 2007 AND 2006

King recorded special items during the nine months ended September 30, 2007 resulting in a net charge of $349 million, or $223 million net of tax, primarily due to (i) a charge totaling $146 million related to the impaired value of the intangible assets associated with ALTACE®, (ii) charges totaling $82 million primarily related to the impaired value of raw material inventory and related contracts associated with ALTACE®, (iii) an impairment charge totaling $47 million related to the Companys sale of its Rochester, Michigan sterile manufacturing facility and certain legacy branded products, (iv) an impairment charge totaling $29 million related to Intal® and Tilade® as a result of the Companys decision to no longer pursue the development of a new formulation of Intal® utilizing HFA as a propellant, and (v) a charge totaling $21 million related to the restructuring of the Companys workforce. With respect to the restructuring, the Company expects to incur an additional special charge of approximately $50 million in the fourth quarter of this year.

King recorded special items during the nine months ended September 30, 2006, resulting in a net charge of $112 million, or $72 million net of tax, primarily due to $110 million in charges related to acquired in-process research and development associated with Kings entry into a strategic collaboration with Arrow and certain of its affiliates to commercialize novel formulations of Altace®.

King Pharmaceuticals, Inc.

James E. Green, 423-989-8125

Executive Vice President, Corporate Affairs

or

David E. Robinson, 423-989-7045

Senior Director, Corporate Affairs


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