RVL Pharmaceuticals plc Reports Third Quarter 2022 Financial Results; Provides Commercial Update

RVL Pharmaceuticals plcRVL Pharmaceuticals plc
RVL Pharmaceuticals plc

-- Third quarter 2022 UPNEEQ® net product sales of $10.0 million; 19% above second quarter 2022; 355% above third quarter 2021 --

-- Approximately 3,500 cumulative unique medical aesthetics practices placed orders for UPNEEQ through the end of the third quarter 2022, a 59% increase from the end of the second quarter 2022 --

-- Anticipates fourth quarter 2022 UPNEEQ net product sales to grow approximately 20% - 40% over the third quarter 2022, representing sales of approximately $12 - $14 million –

-- Plans to launch new eCommerce platform in first quarter 2023 --

BRIDGEWATER, N.J., Nov. 10, 2022 (GLOBE NEWSWIRE) -- RVL Pharmaceuticals plc (Nasdaq: RVLP) (“RVL” or the “Company”), a specialty pharmaceutical company, today announced financial results and business highlights for the three months ended September 30, 2022.

“UPNEEQ continues to gain traction within the eyecare and medical aesthetics markets, as demonstrated by the 19% sequential-quarter increase in net product sales in the third quarter. We continued to execute our multi-channel marketing plan and expanded our reach during the quarter, with approximately 3,500 cumulative unique medical aesthetics practices having placed orders for UPNEEQ and nearly 1,000 practices having placed re-orders as of quarter end,” stated Brian Markison.

“As the first and only FDA-approved ophthalmic solution for blepharoptosis, or droopy eyelids, UPNEEQ is being embraced by providers and patients, alike. It is gratifying to see the creation – and development – of this new category, and we look forward to capturing the full value of what we believe is a significant opportunity.

“UPNEEQ is the centerpiece of our strategy to be a leading player in ocular aesthetic medicine,” concluded Markison.

Third Quarter 2022 Financial Highlights

  • UPNEEQ net product sales of $10.0 million, up $7.8 million year-over-year, or 355%, and up $1.6 million, or 19%, from the second quarter of 2022.

    • Approximately 17,000 cumulative unique pharmacy-paid prescribers at quarter end, an increase of 13% compared to the end of the second quarter of 2022.

    • At quarter end, the Company’s optometry and ophthalmology customer base accounted for 68% and 32%, respectively, of its total unique eyecare prescriber base.

    • Approximately 3,500 cumulative unique medical aesthetics practices had placed orders for UPNEEQ at quarter end, an increase of 59% from the end of the second quarter of 2022.

  • Loss from continuing operations of $(14.4) million, compared to a loss of $(26.3) million in the prior year period. Adjusted EBITDA1 loss of $(10.9) million, compared to a loss of $(20.3) million in the prior year period.

  • On August 8, 2022, the Company raised an aggregate of $43.9 million, comprised of $23.9 million in aggregate gross proceeds from the private placement of ordinary shares and $20.0 million from the concurrent issuance of second tranche senior secured notes.

  • At September 30, 2022, cash and cash equivalents were $59.8 million and debt and financing obligations had an aggregate principal amount of $75.0 million.

Third Quarter 2022 Financial Results

Total revenues and net product sales, relating entirely to net product sales of UPNEEQ, increased by $7.8 million to $10.0 million in the three months ended September 30, 2022, as compared to $2.2 million in the three months ended September 30, 2021, primarily due to a year-over-year increase in sales volume reflecting expanded commercialization into eyecare markets and, since February 2022, the medical aesthetics market.

Total cost of goods sold increased $1.4 million in the three months ended September 30, 2022 to $2.5 million, as compared to $1.1 million in the three months ended September 30, 2021. The year-over-year increase in cost of goods sold was primarily driven by an increase of $0.9 million in higher product costs for UPNEEQ due to higher sales volume and by an increase of $0.5 million in royalties and contingent milestone payments due under an intellectual property license agreement, each attributable to sales of UPNEEQ.

Gross profit percentage increased to 75% in the three months ended September 30, 2022, as compared to 48% in the 2021 period, largely due to increased sales volume reflecting expanded commercialization of UPNEEQ.

Selling, general and administrative expenses decreased $4.4 million in the three months ended September 30, 2022 to $20.4 million, as compared to $24.8 million in the three months ended September 30, 2021. The year-over-year decrease in selling, general and administrative expenses was primarily driven by (i) a decrease of $2.6 million in share based compensation expense reflecting an acceleration of vesting of certain equity awards triggered by the divestiture of a legacy business unique to the prior year quarter, (ii) a decrease of $2.7 million in legal and other professional fees, and (iii) a decrease of $0.5 million in marketing expenses for UPNEEQ, partially offset by (i) an increase of $0.4 million in net compensation and training costs primarily relating to our expanded salesforce and (ii) an increase of $0.9 million in transactional fees particular to the 2022 period.

Research and development expenses decreased by $0.4 million in the three months ended September 30, 2022 to $1.0 million, as compared to $1.4 million in the three months ended September 30, 2021. The year-over-year decrease in R&D expenses primarily reflects a decrease of $0.2 million in share-based compensation expense.

Total other non-operating activities contributed $(0.5) million of net loss in the 2022 period, largely reflecting $1.1 million of amortization expense from a financial commitment asset, partially offset by $0.4 million of net gains from the change in fair value of the Company’s debt and warrant liability. Total other non-operating activities in the 2021 period contributed a $(0.9) million loss, consisting primarily of interest expense and amortization of debt discount.

Liquidity

At September 30, 2022, the Company had cash and cash equivalents of $59.8 million and debt and financing obligations with aggregate principal amounts of $75.0 million, that are reflected on its balance sheet at fair value of $55.9 million.

On August 8, 2022, the Company closed a private placement of 15,451,612 ordinary shares of the Company for $23.9 million in aggregate gross proceeds. Concurrently, the Company closed on the issuance of second tranche notes in an aggregate principal amount equal to $20.0 million following an amendment of its Note Purchase Agreement with funds managed by Athyrium Capital Management (“Athyrium”). Under the amendment, among other things, an affiliate of Athyrium also agreed to make available up to $25.0 million in cash from the issuance of third tranche notes through April 2023, subject to a minimum revenue target.

Fourth Quarter 2022 UPNEEQ Net Sales Guidance

The Company reaffirms its guidance targeting net sales of UPNEEQ for the fourth quarter of 2022 of between $12 million and $14 million, representing sequential growth of approximately 20% to 40% compared to the third quarter of 2022.

Presentation of Non-GAAP Financial Measures

In addition to our results determined in accordance with accounting principles generally accepted in the United States of America (“GAAP”) throughout this press release, we also present Adjusted EBITDA, which is a non-GAAP financial measurement. Adjusted EBITDA represents earnings before interest, taxes, depreciation and amortization (or “EBITDA”) adjusted for (i) non-operating income or expense and (ii) the impact of certain non-cash, non-recurring or other items that are included in loss from continuing operations and EBITDA that we do not consider indicative of our ongoing operating performance. In particular, our measurement of Adjusted EBITDA excludes the following from EBITDA: licensing-related revenues, net of transaction costs, divestiture-related contingent milestone payments, net of fees, changes in the fair value of our debt and interest expense and warrants recognized through earnings, gains or losses on the sale of product rights, impairments of intangible assets, asset disposal charges, debt financing costs, share-based compensation expense, severance expenses, foreign currency translation, legal settlements and expenses and other expenses.

We use Adjusted EBITDA for business planning purposes, in assessing our performance and in measuring our performance relative to that of our competitors. We also believe that Adjusted EBITDA provides investors with useful information to understand our operating results and analyze financial and business trends on a period-to-period basis. Adjusted EBITDA has important limitations as an analytical tool, however, and you should not consider it in isolation or as a substitute for analysis of our results as reported under GAAP. Adjusted EBITDA is not intended to replace, and should not be considered superior to, the presentation of our financial results in accordance with GAAP. Our definition of Adjusted EBITDA may differ from similar measures reported by other companies and may not be comparable to other similarly titled measures. Adjusted EBITDA is reconciled from income or loss from continuing operations, the most comparable GAAP financial measure, in the attached table “RVL Pharmaceuticals plc - GAAP to Non-GAAP Reconciliations” at the end of this press release.

Forward Looking Statements

This press release includes statements that express the Company’s opinions, expectations, beliefs, plans, objectives, assumptions or projections regarding future events or future results and therefore are, or may be deemed to be, “forward-looking statements.” The Company’s actual results may vary significantly from the results anticipated in these forward-looking statements, which can generally be identified by the use of forward-looking terminology, including the terms “believes,” “expects,” “may,” “will,” “should,” “seeks,” “projects,” “approximately,” “intends,” “plans,” “targets,” “estimates” or “anticipates,” or, in each case, their negatives or other variations or comparable terminology. These forward-looking statements include all matters that are not historical facts. They include statements regarding the Company’s intentions, beliefs or current expectations concerning, among other things, its results of operations, financial condition, liquidity, prospects, financial guidance, growth plan, strategies, trends and other events, particularly relating to sales of UPNEEQ, FDA and other regulatory applications, approvals and actions, our plans to launch a new eCommerce platform, the continuation of historical trends, our ability to manage costs and service our debt and the sufficiency of our cash balances and cash generated from operating and financing activities for future liquidity and capital resource needs. By their nature, forward-looking statements involve risks and uncertainties because they relate to events and depend on circumstances that may or may not occur in the future. We may not achieve the plans, intentions or expectations disclosed in our forward-looking statements, and you should not place significant reliance on our forward-looking statements. Actual results or events could differ materially from the plans, intentions and expectations disclosed in the forward-looking statements we make. Important factors that could cause actual results and events to differ materially from those indicated in the forward-looking statements include the following: UPNEEQ’s ability to reach market acceptance by clinicians and patients; our ability to successfully commercialize UPNEEQ; our customers’ willingness to pay the price we charge for UPNEEQ; the results of our marketing and sales expenditures; our dependence on third-party suppliers and distributors for UPNEEQ; UPNEEQ’s ability to produce its intended effects; failures of or delays in clinical trials or other delays in obtaining regulatory approval or commencing product sales for new products; the impact of legal proceedings; and other risks and uncertainties more fully described in the “Risk Factors” section of our Annual Report on Form 10-K filed on March 30, 2022, our Quarterly Report on Form 10-Q filed on November 10, 2022, and other filings that the Company makes with the Securities and Exchange Commission. These forward-looking statements speak only as of the time of this release and we do not undertake to publicly update or revise them, whether as a result of new information, future events or otherwise, except as required by law.

Conference Call

As previously announced, RVL management will host its third quarter 2022 financial results conference call as follows:

Date:
Time:
Toll Free (U.S.)
International

Thursday, November 10, 2022
4:30 p.m. ET
800-267-6316
203-518-9856

 

 

Webcast (live and replay):

ir.rvlpharma.com under the “Investors & News” section

A replay of the conference call will be available for two weeks after the call's completion by dialing 888-269-5294 (U.S.) or 402-220-7321 (International) and entering conference call ID RVLQ322. The webcast will be archived at the aforementioned URL.

IMPORTANT SAFETY INFORMATION

INDICATION

UPNEEQ® (oxymetazoline hydrochloride ophthalmic solution), 0.1% is indicated for the treatment of acquired blepharoptosis in adults.

WARNINGS AND PRECAUTIONS

  • Ptosis may be associated with neurologic or orbital diseases such as stroke and/or cerebral aneurysm, Horner syndrome, myasthenia gravis, external ophthalmoplegia, orbital infection and orbital masses. Consideration should be given to these conditions in the presence of ptosis with decreased levator muscle function and/or other neurologic signs.

  • Alpha-adrenergic agonists as a class may impact blood pressure. Advise UPNEEQ patients with cardiovascular disease, orthostatic hypotension, and/or uncontrolled hypertension or hypotension to seek medical care if their condition worsens.

  • Use UPNEEQ with caution in patients with cerebral or coronary insufficiency or Sjögren’s syndrome. Advise patients to seek medical care if signs and symptoms of potentiation of vascular insufficiency develop.

  • UPNEEQ may increase the risk of angle closure glaucoma in patients with untreated narrow-angle glaucoma. Advise patients to seek immediate medical care if signs and symptoms of acute narrow-angle glaucoma develop.

  • Patients should not touch the tip of the single patient-use container to their eye or to any surface, in order to avoid eye injury or contamination of the solution.

ADVERSE REACTIONS

Adverse reactions that occurred in 1-5% of subjects treated with UPNEEQ were punctate keratitis, conjunctival hyperemia, dry eye, blurred vision, instillation site pain, eye irritation and headache.

DRUG INTERACTIONS

  • Alpha-adrenergic agonists, as a class, may impact blood pressure. Caution in using drugs such as betablockers, anti-hypertensives, and/or cardiac glycosides is advised. Caution should also be exercised in patients receiving alpha adrenergic receptor antagonists such as in the treatment of cardiovascular disease, or benign prostatic hypertrophy.

  • Caution is advised in patients taking monoamine oxidase inhibitors which can affect the metabolism and uptake of circulating amines.

About RVL Pharmaceuticals plc

RVL Pharmaceuticals plc is a specialty pharmaceutical company focused on the commercialization of UPNEEQ® (oxymetazoline hydrochloride ophthalmic solution), 0.1%, for the treatment of acquired blepharoptosis, or low-lying eyelid, in adults. UPNEEQ is the first non-surgical treatment option approved by the FDA for acquired blepharoptosis.

Investor and Media Relations for RVL Pharmaceuticals plc

Lisa M. Wilson
In-Site Communications, Inc.
T: 212-452-2793
E: lwilson@insitecony.com

-Financial Tables Follow-


1 Adjusted EBITDA is a non-GAAP financial measurement, see “Presentation of Non-GAAP Financial Measures.”

RVL Pharmaceuticals plc

 

 

 

 

 

Unaudited Condensed Consolidated Balance Sheets

 

 

 

 

 

(in thousands)

 

 

 

 

 

 

 

 

 

 

 

 

September 30, 2022

 

December 31, 2021

Assets

 

 

 

 

 

Current assets:

 

 

 

 

 

Cash and cash equivalents

$

59,752

 

 

$

40,444

 

Accounts receivable and other receivables

 

3,280

 

 

 

2,133

 

Inventories, net

 

621

 

 

 

838

 

Prepaid expenses and other current assets

 

7,261

 

 

 

12,901

 

Financial commitment asset

 

 

 

 

3,063

 

Total current assets

 

70,914

 

 

 

59,379

 

Property, plant and equipment, net

 

676

 

 

 

866

 

Operating lease assets

 

708

 

 

 

1,368

 

Indefinite-lived intangible assets

 

27,210

 

 

 

27,210

 

Goodwill

 

55,847

 

 

 

55,847

 

Total assets

$

155,355

 

 

$

144,670

 

 

 

 

 

 

 

Liabilities and Shareholders' Equity

 

 

 

 

 

Current liabilities:

 

 

 

 

 

Trade accounts payable

$

7,003

 

 

$

3,777

 

Accrued liabilities

 

13,949

 

 

 

13,077

 

Current portion of debt

 

 

 

 

2,409

 

Current portion of obligations under finance leases

 

10

 

 

 

5

 

Current portion of lease liability

 

510

 

 

 

839

 

Income taxes payable - current portion

 

12

 

 

 

1

 

Total current liabilities

 

21,484

 

 

 

20,108

 

Long-term debt (measured at fair value and representing $75,000 and $55,000 of aggregate unpaid principal at September 30, 2022 and December 31, 2021, respectively)

 

55,900

 

 

 

43,800

 

Warrant liability

 

8,926

 

 

 

3,220

 

Long-term portion of obligation under finance leases

 

20

 

 

 

 

Long-term portion of lease liability

 

220

 

 

 

592

 

Income taxes payable-long term portion

 

70

 

 

 

66

 

Deferred taxes

 

189

 

 

 

151

 

Total liabilities

 

86,809

 

 

 

67,937

 

Commitments and contingencies

 

 

 

 

 

Shareholders' equity:

 

 

 

 

 

Ordinary shares

 

992

 

 

 

833

 

Additional paid in capital

 

618,457

 

 

 

591,730

 

Accumulated deficit

 

(550,903

)

 

 

(517,530

)

Accumulated other comprehensive income

 

 

 

 

1,700

 

Total shareholders' equity

 

68,546

 

 

 

76,733

 

Total liabilities and shareholders' equity

$

155,355

 

 

$

144,670

 

 

 

 

 

 

 


RVL Pharmaceuticals plc

 

 

 

 

 

 

 

 

 

 

 

Unaudited Condensed Consolidated Statements of Operations

 

 

 

 

 

 

 

 

 

 

 

(in thousands, except share and per share data)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Three Months Ended September 30,

 

Nine Months Ended September 30,

 

 

2022

 

 

 

2021

 

 

 

2022

 

 

 

2021

 

 

 

 

 

 

 

 

 

 

 

 

 

Net product sales

$

10,022

 

 

$

2,196

 

 

$

24,414

 

 

$

4,451

 

Royalty revenue

 

 

 

 

 

 

 

 

 

 

190

 

Licensing revenue

 

 

 

 

 

 

 

15,500

 

 

 

10,000

 

Total revenues

 

10,022

 

 

 

2,196

 

 

 

39,914

 

 

 

14,641

 

Cost of goods sold

 

2,525

 

 

 

1,147

 

 

 

6,896

 

 

 

2,535

 

Gross profit

 

7,497

 

 

 

1,049

 

 

 

33,018

 

 

 

12,106

 

Selling, general and administrative expenses

 

20,375

 

 

 

24,841

 

 

 

64,378

 

 

 

63,769

 

Research and development expenses

 

1,044

 

 

 

1,376

 

 

 

3,082

 

 

 

5,789

 

Impairment of intangible assets

 

 

 

 

 

 

 

 

 

 

7,880

 

Total operating expenses

 

21,419

 

 

 

26,217

 

 

 

67,460

 

 

 

77,438

 

Operating loss before gain on sales of product rights, net

 

(13,922

)

 

 

(25,168

)

 

 

(34,442

)

 

 

(65,332

)

Gain on sales of product rights, net

 

 

 

 

 

 

 

 

 

 

5,636

 

Operating loss

 

(13,922

)

 

 

(25,168

)

 

 

(34,442

)

 

 

(59,696

)

Interest expense and amortization of debt discount

 

1,132

 

 

 

735

 

 

 

3,095

 

 

 

1,750

 

Change in fair value of debt and interest expense

 

(5,061

)

 

 

 

 

 

(4,757

)

 

 

 

Change in fair value of warrants

 

4,653

 

 

 

 

 

 

5,706

 

 

 

 

Other non-operating (income) expense, net

 

(263

)

 

 

120

 

 

 

(5,378

)

 

 

1,312

 

Total other non-operating expense (income)

 

461

 

 

 

855

 

 

 

(1,334

)

 

 

3,062

 

Loss before income taxes

 

(14,383

)

 

 

(26,023

)

 

 

(33,108

)

 

 

(62,758

)

Income tax expense, continuing operations

 

63

 

 

 

324

 

 

 

265

 

 

 

415

 

Loss from continuing operations

 

(14,446

)

 

 

(26,347

)

 

 

(33,373

)

 

 

(63,173

)

Gain on sales of discontinued operations

 

 

 

 

4,373

 

 

 

 

 

 

4,373

 

Income from discontinued operations before income taxes

 

 

 

 

3,983

 

 

 

 

 

 

14,219

 

Income tax (benefit) expense, discontinued operations

 

 

 

 

(132

)

 

 

 

 

 

617

 

Income from discontinued operations, net of tax

 

 

 

 

8,488

 

 

 

 

 

 

17,975

 

Net loss

$

(14,446

)

 

$

(17,859

)

 

$

(33,373

)

 

$

(45,198

)

Change in fair value of debt due to change in credit risk, net of tax

 

 

 

 

 

 

 

(1,700

)

 

 

 

Comprehensive loss

$

(14,446

)

 

$

(17,859

)

 

$

(35,073

)

 

$

(45,198

)

(Loss) earnings per ordinary share:

 

 

 

 

 

 

 

 

 

 

 

Basic and diluted, continuing operations

$

(0.16

)

 

$

(0.42

)

 

$

(0.39

)

 

$

(1.01

)

Basic and diluted, discontinued operations

$

-

 

 

$

0.13

 

 

$

-

 

 

$

0.29

 

Basic and diluted

$

(0.16

)

 

$

(0.28

)

 

$

(0.39

)

 

$

(0.72

)

Weighted average ordinary shares outstanding:

 

 

 

 

 

 

 

 

 

 

 

Basic and diluted

 

92,756,483

 

 

 

62,945,898

 

 

 

86,643,040

 

 

 

62,798,123

 

 

 

 

 

 

 

 

 

 

 

 

 


RVL Pharmaceuticals plc

 

 

 

 

 

Unaudited Condensed Consolidated Statements of Cash Flows

 

 

 

 

 

(in thousands)

 

 

 

 

 

 

 

 

 

 

 

 

Nine Months Ended September 30,

 

2022

 

2021

Cash Flows from Operating Activities:

 

 

 

 

 

Net loss from continuing operations

$

(33,373

)

 

$

(63,173

)

Net income from discontinued operations

 

 

 

 

17,975

 

Net loss

 

(33,373

)

 

 

(45,198

)

Adjustments to reconcile net loss to net cash used in operating activities:

 

 

 

 

 

Depreciation and amortization

 

275

 

 

 

8,068

 

Share compensation

 

3,176

 

 

 

6,592

 

Change in fair value of debt

 

(9,600

)

 

 

 

Change in fair value of warrants

 

5,706

 

 

 

 

Impairment of intangible assets

 

 

 

 

7,880

 

Deferred income tax expense (benefit)

 

38

 

 

 

(180

)

(Gain) loss on sale of fixed and leased assets

 

(350

)

 

 

1,229

 

Gain on sales of product rights, net

 

 

 

 

(5,636

)

Gain on sales of discontinued operations

 

 

 

 

(4,373

)

Amortization of deferred financing and loan origination fees

 

3,063

 

 

 

746

 

Write off of deferred financing and loan origination fees

 

 

 

 

1,387

 

Financing fees recognized in earnings associated with debt

 

914

 

 

 

 

Change in operating assets and liabilities:

 

 

 

 

 

Accounts receivable and other receivables

 

(1,147

)

 

 

4,643

 

Inventories, net

 

217

 

 

 

2,256

 

Prepaid expenses and other current and non-current assets

 

5,640

 

 

 

(3,919

)

Trade accounts payable

 

3,226

 

 

 

515

 

Accrued and other current liabilities

 

838

 

 

 

(4,347

)

Net cash used in operating activities

 

(21,377

)

 

 

(30,337

)

Cash Flows from Investing Activities:

 

 

 

 

 

Proceeds from product rights disposal

 

 

 

 

7,300

 

Proceeds from discontinued operations

 

 

 

 

110,845

 

Proceeds from sale of fixed and leased assets

 

350

 

 

 

40

 

Purchase of property, plant and equipment

 

(52

)

 

 

(1,657

)

Net cash provided by investing activities

 

298

 

 

 

116,528

 

Cash Flows from Financing Activities:

 

 

 

 

 

Payments on finance lease obligations

 

(6

)

 

 

(35

)

Payments on insurance financing loan

 

(2,409

)

 

 

 

Payments for taxes related to net share settlement of share-based awards

 

(134

)

 

 

(767

)

Proceeds from public offering, net of issuance costs

 

 

 

 

36

 

Proceeds from issuance of debt, net of issuance costs

 

19,090

 

 

 

 

Proceeds from issuance of ordinary shares, net of issuance costs

 

23,655

 

 

 

 

Proceeds from issuance of ordinary shares under ESPP

 

191

 

 

 

234

 

Debt repayments

 

 

 

 

(191,360

)

Net cash provided by (used in) financing activities

 

40,387

 

 

 

(191,892

)

Net change in cash and cash equivalents

 

19,308

 

 

 

(105,701

)

Cash and cash equivalents, beginning of period

 

40,444

 

 

 

114,053

 

Cash and cash equivalents, end of period

$

59,752

 

 

$

8,352

 

 

 

 

 

 

 


RVL Pharmaceuticals plc

 

 

 

 

 

 

 

GAAP to Non-GAAP Reconciliations

 

 

 

 

 

 

 

 

 

 

 

Adjusted EBITDA (Unaudited)

 

 

 

 

 

 

 

 

 

 

 

(in thousands)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Three Months Ended

 

 

Nine Months Ended

 

 

September 30,

 

 

September 30,

 

 

2022

 

 

 

2021

 

 

 

2022

 

 

 

2021

 

 

 

 

 

 

 

 

 

 

 

 

 

Loss from continuing operations

$

(14,446

)

 

$

(26,347

)

 

$

(33,373

)

 

$

(63,173

)

Interest expense and amortization of debt discount

 

1,132

 

 

 

735

 

 

 

3,095

 

 

 

1,750

 

Income tax expense

 

63

 

 

 

324

 

 

 

265

 

 

 

415

 

Depreciation and amortization expense

 

95

 

 

 

154

 

 

 

275

 

 

 

1,485

 

 

 

 

 

 

 

 

 

 

 

 

 

EBITDA

 

(13,156

)

 

 

(25,134

)

 

 

(29,738

)

 

 

(59,523

)

 

 

 

 

 

 

 

 

 

 

 

 

Licensing-related revenues, net of transaction costs(1)

 

 

 

 

 

 

 

(15,000

)

 

 

 

Divestiture-related contingent milestone payments, net of fees(2)

 

 

 

 

 

 

 

(4,850

)

 

 

 

Change in fair value of debt and interest expense(3)

 

(5,061

)

 

 

 

 

 

(4,757

)

 

 

 

Change in fair value of warrants(3)

 

4,653

 

 

 

 

 

 

5,706

 

 

 

 

Gain on sales of product rights(4)

 

 

 

 

 

 

 

 

 

 

(5,636

)

Impairment of intangible assets(5)

 

 

 

 

 

 

 

 

 

 

7,880

 

Asset disposal charge(6)

 

 

 

 

 

 

 

 

 

 

1,245

 

Debt financing costs(7)

 

914

 

 

 

 

 

 

914

 

 

 

 

Share-based compensation expense

 

758

 

 

 

3,755

 

 

 

3,176

 

 

 

5,961

 

Severance expense

 

971

 

 

 

769

 

 

 

2,830

 

 

 

4,656

 

Foreign currency translation

 

6

 

 

 

(28

)

 

 

68

 

 

 

(819

)

Legal settlements and expenses

 

 

 

 

221

 

 

 

 

 

 

612

 

Other

 

1

 

 

 

94

 

 

 

86

 

 

 

114

 

Adjusted EBITDA

$

(10,914

)

 

$

(20,323

)

 

$

(41,565

)

 

$

(45,510

)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(1) - Includes $15,500 in licensing revenue recognized in connection with an amendment of our License Agreement with Santen, effective March 31, 2022, net of a $500 transaction fee expense classified in selling, general and administrative expenses.

(2) - Includes $5,000 in contingent gains related to milestone payments earned subsequent to the sale of our legacy business to Alora Pharmaceuticals, net of $150 in consent fees classified in selling, general and administrative expenses. The fees were incurred with our lendor upon the issuance of waivers of mandatory repayments of debt.

(3) - Our senior secured notes issued under our Note Purchase Agreement, a material component of long-term debt, and our warrant liabilities, a material component of total liabilities have each been measured and carried at fair value since their issuance in October 2021. Changes in the fair value of debt and warrants that are accounted for at fair value, inclusive of related accrued interest expense in respect of debt, are presented as periodic gains or losses in our consolidated statements of operations and comprehensive loss.

(4) - Relates to our sale of global rights to Osmolex ER to Adamas Pharmaceuticals, Inc., which closed in January 2021 and resulted in our recognition of a gain of $5,636.

(5) - Relates to impairment charges recognized upon delays in anticipated commercialization of arbaclofen extended release tablets.

(6) - Relates to restructuring charges associated with a curtailment of Argentinian operations, specifically asset disposal costs related to leasehold improvements at our former Buenos Aires location.

(7) - Relates to debt issuance costs associated with an amendment of our note purchase agreement in August 2022, with such expense being recorded within selling, general and administrative expenses.


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