Printer Friendly
The Free Library
14,716,402 articles and books
Member login
User name  
Password 
 
Join us Forgot password?

Andrx Corporation Reports 2003 Third Quarter Results.


Business Editors/Health/Medical Writers

FORT LAUDERDALE Fort Lauderdale (lô`dərdāl), residential, commercial, and resort city (1990 pop. 149,377), seat of Broward co., SE Fla., on the Atlantic coast; settled around a fort built (c.1837) in the Seminole War, inc. 1911. , Fla.--(BUSINESS WIRE)--Oct. 30, 2003

Andrx Corporation (Nasdaq:ADRX ADRX Andrx Corporation (stock symbol) ) ("Andrx" or the "Company") today announced its financial results for the three and nine months ended September 30, 2003, summarized as follows (in thousands, except per share amounts):

                              Three Months Ended   Nine Months Ended
                                 September 30,       September 30,
                              ------------------- --------------------
                                2003      2002      2003       2002
                              --------- --------- --------- ----------

Total revenues                $255,099  $189,022  $764,654  $ 552,883

Income (loss) before income
 taxes                        $ 19,059  $(50,897) $ 52,879  $(103,312)

Net income (loss)             $ 11,741  $(33,084) $ 32,574  $ (59,905)

Net income (loss) allocated to
 Andrx (1)                    $ 11,741  $(33,084) $ 32,574  $ (54,487)

Andrx diluted earnings (loss)
 per share (1)                $   0.16  $  (0.47) $   0.45  $   (0.77)

Net loss allocated to Cybear (1)                            $  (5,418)

Cybear diluted loss per share (1)                           $   (0.80)

(1) See Note 1 in the accompanying Unaudited Condensed Consolidated
    Statements of Income.


Andrx's Chief Executive Officer, Richard J. Lane, said: "Bioequivalent bi·o·e·quiv·a·lent
n.
A value indicating the rate at which a substance enters the bloodstream and becomes available to the body.
 product sales during the quarter, including Cartia Cartia® Diltiazem HCl Cardiology A generic Cardizem® used for angina and HTN. See Angina, Hypertension.  XT(TM), Taztia XT(TM), and over-the-counter generic Claritin-D(R)24, which is marketed by Perrigo, continued to be strong, and our distribution business once again achieved all-time high revenues and gross profit propelled in part by its participation in the distribution of the recently launched generic Paxil Pax·il

A trademark for the drug paroxetine.


paroxetine hydrochloride

Paxil, Paxil CR, Seroxat (UK)

Pharmacologic class: Selective serotonin reuptake inhibitor (SSRI)

(R). At the same time, as a result of new competition in the generic Prilosec Pri·lo·sec

A trademark for the drug omeprazole.


omeprazole

Losec (CA) (UK), Heartburn Relief (UK), Prilosec, Prilosec OTC, Zegerid, Zanprol (UK)

Pharmacologic class: Proton pump inhibitor

(R) market and a decrease in the net profit percentage, our licensing revenue from generic Prilosec significantly decreased."

Mr. Lane continued: "Our formulations technology is a major foundation of our strategy for growth. This quarter we worked towards creating value from our formulations by entering into an exclusivity transfer agreement with Impax and Teva for our ANDAs of Wellbutrin Well·bu·trin

A trademark for the drug bupropion hydrochloride, used to treat depression.


bupropion hydrochloride

Budeprion SR, Budeprion XL, Wellbutrin, Wellbutrin SR, Wellbutrin XL, Zyban

(R) SR/Zyban(R). We also entered into an agreement with Pfizer and Alza for all strengths of generic versions of Glucotrol Glu·co·trol

A trademark for the drug glipizide.


glipizide Warning - High-alert drug!

Glucotrol, Glucotrol XL, Glibenese (UK), Minodiab (UK)

(R) XL, resolving patent infringement patent infringement n. the manufacture and/or use of an invention or improvement for which someone else owns a patent issued by the government, without obtaining permission of the owner of the patent by contract, license or waiver.  litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
 and enabling Andrx to receive a royalty-bearing sublicense sub·li·cense  
n.
A license giving rights of production or marketing of products or services to a person or company that is not the primary holder of such rights.

tr.v.
 under relevant Alza patents. Both of these alliances demonstrate our ability to provide positive, economic rewards for our Company and our stockholders through business initiatives in support of our innovative technology. Subsequent to the quarter's close, we sold our aerosol aerosol (âr`əsōl,–sŏl): see colloid.
aerosol

System of tiny liquid or solid particles evenly distributed in a finely divided state through a gas, usually air.
 manufacturing operations Manufacturing operations concern the operation of a facility, as opposed to maintenance, supply and distribution, health, and safety, emergency response, human resources, security, information technology and other infrastructural support organizations.  in Massachusetts Massachusetts (măsəch`sĭts), most populous of the New England states of the NE United States.  and received an approvable letter for the 500 mg and 1000 mg strengths of Fortamet XT(TM) (sustained release Sustained-release (SR), extended-release (ER, XR, or XL), time-release or timed-release, controlled-release (CR), or continuous-release (CR or Contin  metformin metformin /met·for·min/ (met-for´min) an antihyperglycemic agent that potentiates the action of insulin, used in the treatment of type 2 diabetes mellitus.

met·for·min
n.
), our next brand product, and we settled the remaining patent litigation involving our bioequivalent version of Claritin-D 24. We continue to work on growing our business by coupling our research and development team's formulation formulation /for·mu·la·tion/ (for?mu-la´shun) the act or product of formulating.

American Law Institute Formulation
 expertise with our sales, marketing and distribution skills."

Revenues and Gross Profit

                               Three Months Ended   Nine Months Ended
                                  September 30,       September 30,
                                 (in thousands)      (in thousands)
                               ------------------- -------------------
                                 2003      2002      2003      2002
                               --------- --------- -------------------

Distributed Products
Revenues                       $168,334  $133,020  $484,457  $381,567
Gross profit                     29,999    26,245    88,556    72,464
Gross margin                       17.8%     19.7%     18.3%     19.0%

Andrx Products - Bioequivalent
Revenues                       $ 62,339  $ 48,020  $169,020  $145,349
Gross profit (loss)              36,866   (15,917)   86,945    42,469
Gross margin (loss)                59.1%   (33.1%)     51.4%     29.2%

Andrx Products - Brand
Revenues                       $ 12,150  $  5,371  $ 30,580  $ 18,348
Gross profit                      8,488     2,291    22,748     9,079
Gross margin                       69.9%     42.7%     74.4%     49.5%

Andrx Products - Total
Revenues                       $ 74,489  $ 53,391  $199,600  $163,697
Gross profit (loss)              45,354   (13,626)  109,693    51,548
Gross margin (loss)                60.9%   (25.5%)     55.0%     31.5%

TOTAL PRODUCT SALES
Revenues                       $242,823  $186,411  $684,057  $545,264
Gross profit                     75,353    12,619   198,249   124,012
Gross margin                       31.0%      6.8%     29.0%     22.7%

LICENSING AND ROYALTIES
Revenues                       $  9,588  $    193  $ 73,780  $    409
Gross margin                      100.0%    100.0%    100.0%    100.0%

OTHER
Revenues                       $  2,688  $  2,418  $  6,817  $  7,210
Gross profit (loss)                 (38)   (2,195)   (8,297)   (6,348)
Gross margin (loss)               (1.4%)   (90.8%)  (121.7%)   (88.0%)

TOTAL REVENUES
Revenues                       $255,099  $189,022  $764,654  $552,883
Gross profit                     84,903    10,617   263,732   118,073
Gross margin                       33.3%      5.6%     34.5%     21.4%


In the third quarter of 2003, distributed products generated net revenues of $168.3 million (a 26.5% increase from the third quarter of 2002) and gross profit of $30.0 million, with a gross margin of 17.8%. The third quarter of 2003 increase in distribution net revenues includes the Company's participation in the distribution of a bioequivalent version of Paxil.

For the 2003 third quarter, revenues from Andrx's bioequivalent products increased by 29.8% to $62.3 million, compared to $48.0 million for the 2002 third quarter. Gross margin for bioequivalent products was 59.1% in the 2003 third quarter, as compared to a negative 33.1% for the 2002 third quarter. Gross profit for bioequivalent products for the third quarter of 2003 includes charges of $1.1 million directly to cost of goods sold Cost of goods sold

The total cost of buying raw materials, and paying for all the factors that go into producing finished goods.


cost of goods sold 
 relating to relating to relate prepconcernant

relating to relate prepbezüglich +gen, mit Bezug auf +acc 
 Andrx's manufacturing facilities, primarily its Morrisville, North Carolina Morrisville is a town in Wake County, North Carolina, USA. The population was 5,208 at the 2000 census. A Special Census was conducted by the United States Census Bureau in March 2004, when the population was enumerated at 11,915.  manufacturing facility, which the Company is renovating, and under utilization and inefficiencies at the Company's Davie, Florida Davie is a town in Broward County, Florida, United States. In 2006, the U.S. Census Bureau estimated the city's population at 84,350.[3] It is part of the South Florida metropolitan area, which is home to 5,463,857 people.  manufacturing facilities. The 2002 third quarter includes a charge to cost of goods sold of $41.0 million related to work-in-process, finished goods and raw materials of pre-launch inventories of the Company's bioequivalent version of Prilosec due to an October 2002 adverse district court determination that Andrx's bioequivalent version of Prilosec infringes valid patents owned by AstraZeneca plc.

Revenues from Andrx's brand products in the 2003 third quarter increased to $12.2 million, from $5.4 million in the 2002 third quarter. This increase primarily resulted from net sales Net Sales

The amount a seller receives from the buyer after costs associated with the sale are deducted.

Notes:
This amount is calculated by subtracting the following items from gross sales: merchandise returned for credit, allowances for damaged or missing goods, freight
 of Altocor Al·to·cor

A trademark for the drug lovastatin.
 of $10.2 million, partially offset by decreases in revenues from Andrx's other brand products. Gross margin for the 2003 quarter was 69.9% compared to 42.7% for the 2002 third quarter.

Licensing and royalties revenues for the 2003 third quarter were $9.6 million, which includes estimated licensing revenues from Kremers Urban Development Company's ("KUDCo") 2003 third quarter net profits, as defined, from KUDCo's sale of its generic version of Prilosec. Andrx's licensing revenues from KUDCo declined in the 2003 third quarter, as compared to the prior 2003 quarters, as a result of increased competition due to the third quarter 2003 launch of two additional generic versions of Prilosec and a decrease in the net profits percentage due to Andrx.

Other revenues of $2.7 million include revenues from the Company's agreement with Aventis relating to Andrx's Physicians' Online ("POL") web portal See portal. , which the Company is seeking to divest To deprive or take away.

Divest is usually used in reference to the relinquishment of authority, power, property, or title. If, for example, an individual is disinherited, he or she is divested of the right to inherit money.
, and also includes $1.8 million in revenues generated from Andrx's Massachusetts operations. The 2003 third quarter cost of goods sold related to other revenues includes a charge of $1.6 million related to under utilization and inefficiencies at Andrx's Massachusetts facilities. As Andrx sold its Massachusetts aerosol manufacturing operations on October 9, 2003 (as previously reported), future operating results will not include similar income or charges.

Selling, General and Administrative ("SG&A") Expenses

SG&A expenses of $55.1 million in the 2003 third quarter increased from $51.8 million from the 2002 third quarter, primarily resulting from an increase in the brand sales effort. The Company employed approximately 380 brand sales representatives at September 30, 2003, as compared to approximately 300 at September 30, 2002. The Company is consolidating its Mississippi Mississippi, state, United States
Mississippi (mĭs'əsĭp`ē), one of the Deep South states of the United States. It is bordered by Alabama (E), the Gulf of Mexico (S), Arkansas and Louisiana, with most of the border formed by
 brand sales operations into its Weston, Florida Weston is a city located in Broward County, Florida, USA. Established as a city in 1996, much of the community was developed by Arvida/JMB Partners and is located near the western developmental boundary of Broward County. As of 2006, the city had a total population of 65,793.  offices and its Ohio distribution facility, and as a result, incurred a charge of approximately $1.0 million in SG&A for the third quarter of 2003.

Research and Development ("R&D") Expenses

R&D expenses were $12.7 million in the 2003 third quarter, as compared to $12.2 million for the 2002 quarter.

Balance Sheet and Cash Flows

As of September 30, 2003, the Company had approximately $210 million in cash, cash equivalents and investments available-for-sale, $318 million of working capital and $98 million available under the Company's $185 million secured credit facility, which had no borrowings outstanding. Though Andrx is currently in compliance with all covenants under the credit facility, the fixed charge ratio and borrowing base limit Andrx's borrowing availability to $98 million as of September 30, 2003. For the three months ended September 30, 2003, the Company invested approximately $6 million in the purchase of property, plant and equipment and incurred approximately $6 million of depreciation and amortization expense.

Outlook

Growth in distribution revenues will continue to be primarily a function of the Company's participation in the distribution of new generic products launched by other generic manufacturers, offset by the net price declines typically associated with the distribution of existing generic products.

Growth in revenues of bioequivalent products will primarily result from the launch of new products. The Company will be able to launch bioequivalent versions of Glucotrol XL (as further discussed below) in the fourth quarter of 2003. While the Company believes that it may be able to receive FDA FDA
abbr.
Food and Drug Administration


FDA,
n.pr See Food and Drug Administration.

FDA,
n.pr the abbreviation for the Food and Drug Administration.
 approval on at least one of its oral contraceptive oral contraceptive
n.
A pill, typically containing estrogen or progesterone, that prevents conception or pregnancy. Also called birth control pill.
 products before year end, current plans do not anticipate a launch of an oral contraceptive product until 2004. Andrx's bioequivalent version of Cardizem Car·di·zem

A trademark for the drug diltiazem hydrochloride.


diltiazem hydrochloride

Adizem (UK), Angitil (UK), Apo-Diltiaz (CA), Apo-Diltiazem (CA), Calcicard (UK), Cardizem, Cardizem CD, Cardizem LA, Cartia XT,
 CD continues to generate significant net sales and gross profit for the Company. Andrx's bioequivalent OTC OTC

See: Over-the-counter.


OTC

See over-the-counter market (OTC).
 version of Claritin-D 24 is expected to continue to generate meaningful earnings for the Company. Additional competitors for generic versions of Cardizem CD and Tiazac Tiazac® Diltiazem, see there  may surface by mid 2004, which could significantly adversely affect net sales and gross profit of Andrx's bioequivalent versions of Cardizem CD or Tiazac and their significant contribution to Andrx's results of operations. Sales of Andrx's current bioequivalent products are subject to industry market factors and conditions which historically include high levels of competition for market share and price reductions.

On September 5, 2003, Andrx entered into settlement agreements with Pfizer, Inc. ("Pfizer") and Alza Corporation ("Alza") to resolve patent infringement litigation involving Andrx's pending ANDAs for bioequivalent versions of Glucotrol XL(R) (extended release glipizide glipizide /glip·i·zide/ (glip´i-zid) a sulfonylurea used as a hypoglycemic in the treatment of type 2 diabetes mellitus.

glip·i·zide
n.
) 10 mg, 5 mg and 2.5 mg extended release tablets. Pursuant to this settlement, Pfizer and Alza dismissed their lawsuits against Andrx, the parties exchanged mutual releases, and Andrx received the right to either market Glucotrol XL product (or any strength thereof) supplied by Pfizer as an authorized au·thor·ize  
tr.v. au·thor·ized, au·thor·iz·ing, au·thor·iz·es
1. To grant authority or power to.

2. To give permission for; sanction:
 generic and/or to manufacture and market its ANDA ANDA
abbr.
abbreviated new drug application
 product(s) in exchange for a royalty, pursuant to a sublicense for relevant Alza patents. The FDA tentatively ten·ta·tive  
adj.
1. Not fully worked out, concluded, or agreed on; provisional: tentative plans.

2. Uncertain; hesitant.
 approved Andrx's ANDA for the 10 mg strength of Glucotrol XL in August 2003. The Company's ANDA for the 5 mg and 2.5 mg strengths of Glucotrol XL was submitted after its ANDA for the 10mg strength, which has not yet been approved. The Company notified the Federal Trade Commission of the terms of this settlement. Andrx's Glucotrol XL ANDA product was formerly a part of the Company's ANCIRC joint venture with Watson Pharmaceuticals Watson Pharmaceuticals, Incorporated (NYSE: WPI) is the 5th largest pharmaceutical company in the United States based on number of prescriptions dispensed. Based in Corona, California, Watson's Generics division markets over 150 pharmaceutical product families, including one of the , Inc. In the event Andrx commercializes its ANDA product, Watson, under certain circumstances CIRCUMSTANCES, evidence. The particulars which accompany a fact.
     2. The facts proved are either possible or impossible, ordinary and probable, or extraordinary and improbable, recent or ancient; they may have happened near us, or afar off; they are public or
, may be entitled en·ti·tle  
tr.v. en·ti·tled, en·ti·tling, en·ti·tles
1. To give a name or title to.

2. To furnish with a right or claim to something:
 to a percentage of the net sales, as therein defined, that Andrx derives from the sale of that product.

The Company is continuing to work toward resolving the FDA, USP USP - unique sales point  and litigation issues that have affected the approval and commercialization of its ANDAs for bioequivalent versions of Wellbutrin SR/Zyban. In connection with these ANDAs, in the third quarter of 2003, the United States Court of Appeals for the Federal Circuit The United States Court of Appeals for the Federal Circuit is a United States court of appeals. The Federal Circuit was created by Congress with passage of the Federal Courts Improvement Act of 1982.

The court is headquartered in Washington, D.C., and occupies the Howard T.
 reversed the federal district court's decision that the Company's ANDA products did not infringe in·fringe  
v. in·fringed, in·fring·ing, in·fring·es

v.tr.
1. To transgress or exceed the limits of; violate: infringe a contract; infringe a patent.

2.
 patents belonging to Glaxo SmithKline, and remanded such litigation back to the District Court for the Southern District of Florida for further proceedings, and Andrx entered into an exclusivity transfer agreement with Impax Corporation ("Impax") and Teva Pharmaceutical Industries Teva Pharmaceutical Industries Ltd. (Hebrew: טבע תעשיות פרמצבטיות בע"מ), NASDAQ: TEVA is an international pharmaceutical company headquartered in  Ltd. This agreement provides, among other things, that if Andrx is unable to launch its own versions of these products within a defined period of time, and Impax is able and willing to market its products, Andrx will enable Impax to launch its own products, with the parties sharing certain payments with Andrx. Should Andrx launch its own products prior to Impax launching its products, Andrx will share certain payments with Impax. Though Andrx cannot at this time predict or advise whether or when the FDA, USP and litigation involving its ANDAs will be satisfactorily resolved, and its or Impax's products will be introduced, the Company expects that it will be able to commercialize the value of its ANDAs and that generic versions of these significant products will become available to consumers.

Net sales of Altocor were $10.2 million for the 2003 third quarter ($21.1 million for the nine months ended September 30, 2003).

Andrx's licensing revenue from KUDCo has decreased significantly from prior quarters. This decrease results from increased competition as a result of the third quarter 2003 launch of two additional generic versions of Prilosec and the decrease in the net profits percentage due to Andrx (from 15% to 9% on June 9, 2003). Additional competitors may enter the Prilosec marketplace before the end of 2003. The amount of licensing revenue derived by Andrx from KUDCo is dependent on a number of factors, including, among others, the applicable licensing rate, KUDCo's profits derived from its sale of its generic Prilosec, the outcome of the various litigations involving generic Prilosec, the number of competitors in the Prilosec marketplace, pricing, an over-the-counter version of Prilosec and other market share pressures and other factors outside of Andrx's control. The Andrx licensing rate on KUDCo's profits will further reduce from 9% to 6.25% on the earlier of June 2004 or an appellate court A court having jurisdiction to review decisions of a trial-level or other lower court.

An unsuccessful party in a lawsuit must file an appeal with an appellate court in order to have the decision reviewed.
 decision, as defined in the agreement.

Andrx is renovating its manufacturing facility in Morrisville, North Carolina so that certain operations can commence at that facility in early 2005. The Company is continuing to pursue measures to improve its manufacturing operations and increase its manufacturing efficiencies and capacities at its Davie, Florida manufacturing facilities. Until all of its efforts come to fruition fru·i·tion  
n.
1. Realization of something desired or worked for; accomplishment: labor finally coming to fruition.

2. Enjoyment derived from use or possession.

3.
, Andrx will continue to incur To become subject to and liable for; to have liabilities imposed by act or operation of law.

Expenses are incurred, for example, when the legal obligation to pay them arises. An individual incurs a liability when a money judgment is rendered against him or her by a court.
 charges directly to cost of goods sold related primarily to its North Carolina North Carolina, state in the SE United States. It is bordered by the Atlantic Ocean (E), South Carolina and Georgia (S), Tennessee (W), and Virginia (N). Facts and Figures


Area, 52,586 sq mi (136,198 sq km). Pop.
 facilities, and under utilization and inefficiencies at its Davie, Florida facilities. The Company may also incur additional charges directly to cost of goods sold in the manufacture of its currently marketed products and product commercialization activities. The Company's Davie, Florida facilities will continue to manufacture all of the Company's commercialized products until its North Carolina facilities are operational, as the Company has modified its plans with respect to the use of its Weston, Florida facility, and will now use such facility for R&D and other non-commercial manufacturing operations. This allows centralization cen·tral·ize  
v. cen·tral·ized, cen·tral·iz·ing, cen·tral·iz·es

v.tr.
1. To draw into or toward a center; consolidate.

2.
 of the Company's formulations research and development, while dedicating its Davie facilities primarily to manufacturing and related activities.

Through October 30, 2003, the Company submitted seven ANDAs to the FDA. The Company recently received an approvable letter for the 500 mg and 1000 mg strengths of Fortamet XT (sustained release metformin), Andrx's second internally developed brand product. This Fortamet product is specifically indicated for use as a once-a-day therapy to lower blood glucose blood glucose Diabetology The principal sugar produced by the body from food–especially carbohydrates, but also from proteins and fats; glucose is the body's major source of energy, is transported to cells via the circulation and used by cells in the presence . Andrx anticipates that R&D expenses for 2003 will be approximately $50 million.

The Company is continuing to, among other things, pursue business development opportunities including leveraging or otherwise optimizing the Company's brand sales force.

Major factors affecting the Company's operating results include net sales of its generic versions of Cardizem CD, and, to a lesser extent, Tiazac, Claritin-D 24, Dilacor Di·la·cor

A trademark for the drug diltiazem hydrochloride.
 XR(R) and Glucophage Glu·co·phage

A trademark for the drug metformin.


metformin hydrochloride Warning - High-alert drug! 
(R), net sales of its Altocor brand product and KUDCo licensing revenue. Future operating results will also be affected by future product introductions, the value and timing of which are dependent on a number of factors including successful scale-up, final FDA marketing approval, satisfactory resolution of patent and antitrust Antitrust

The antitrust laws apply to virtually all industries and to every level of business, including manufacturing, transportation, distribution, and marketing. They prohibit a variety of practices that restrain trade.
 litigation, manufacturing capabilities and capacities, competition and the other factors described in Andrx's SEC filings.

The Company expects to make approximately $50 million in capital expenditures for the year 2003, which it intends to pay for with net cash provided by operating activities.

Webcast

Investors will have the opportunity to listen to management's discussion of this release in a conference call to be held on October 30, 2003 at 8:00 AM Eastern Time. This call is being webcast and can be accessed at Andrx's website http://www.andrx.com. The webcast will be available for replay.

About Andrx Corporation

Andrx Corporation develops and commercializes: bioequivalent versions of controlled-release brand name pharmaceuticals using its proprietary drug delivery technologies; bioequivalent versions of specialty, niche and immediate-release pharmaceutical products, including oral contraceptives Oral Contraceptives Definition

Oral contraceptives are medicines taken by mouth to help prevent pregnancy. They are also known as the Pill, OCs, or birth control pills.
; and brand name or proprietary controlled-release formulations of existing immediate-release or controlled-release drugs where it believes the application of Andrx's drug delivery technologies may improve the efficacy or other characteristics of those products. Andrx's distribution operations purchase primarily generic pharmaceuticals manufactured by third parties and sells them primarily to independent pharmacies An independent pharmacy is a retail pharmacy that is not directly affiliated with any chain pharmacy, such as CVS/pharmacy, Walgreens or Eckerd. However, owners of independent pharmacies will often form alliances with other independents and use their power in numbers to bargain for , pharmacy pharmacy, art of compounding and dispensing drugs and medication. The term is also applied to an establishment used for such purposes. Until modern times medication was prepared and dispensed by the physician himself. In the 18th cent.  chains, pharmacy buying groups and, to a lesser extent, physicians' offices.

Forward Looking Statements

Forward-looking statements forward-looking statement

A projected financial statement based on management expectations. A forward-looking statement involves risks with regard to the accuracy of assumptions underlying the projections.
 (statements which are not historical facts) in this release are made pursuant to the safe harbor Safe Harbor

1. A legal provision to reduce or eliminate liability as long as good faith is demonstrated.

2. A form of shark repellent implemented by a target company acquiring a business that is so poorly regulated that the target itself is less attractive.
 provisions of the Private Securities Litigation Reform Act The Private Securities Litigation Reform Act of 1995 (PSLRA) implemented several significant substantive changes affecting certain cases brought under the federal securities laws, including changes related to pleading, discovery, liability, class representation and awards fees and  of 1995. For this purpose, any statements contained herein or which are otherwise made by or on behalf of the Company that are not statements of historical fact may be deemed to be forward-looking statements. Without limiting the generality gen·er·al·i·ty  
n. pl. gen·er·al·i·ties
1. The state or quality of being general.

2. An observation or principle having general application; a generalization.

3.
 of the foregoing, words such as "may," "will," "to," " plan," "expect," "believe," "anticipate," "intend," "could," "would," "estimate," or "continue" or the negative other variations thereof or comparable terminology are intended to identify forward-looking statements. Investors are cautioned that all forward-looking statements involve risk and uncertainties, including but not limited to, the Company's dependence on a relatively small number of products; licensing revenues; the timing and outcome of patent, antitrust and other litigation and future product launches; whether the Company will be awarded any market exclusivity period and, if so, the precise dates thereof; government regulation generally; competition; manufacturing capacities and output; the Company's ability to develop and successfully commercialize new products; the loss of revenues from existing products; development and marketing expenses that may not result in commercially successful products; Andrx's inability to obtain, or the high cost of obtaining, licenses for third party technologies; commercial obstacles to the successful introduction of brand products generally; exclusion of Andrx's brand products from formularies; the consolidation or loss of customers; Andrx's relationship to our suppliers; the success of Andrx's joint ventures; difficulties in integrating, and potentially significant charges associated with, acquisitions of technologies, products and businesses; the inability to obtain sufficient supplies from key suppliers; the impact of returns, allowances and chargebacks; product liability claims; rising costs and limited availability When customers of the PSTN make telephone calls, they commonly make use of a telecommunications network called a switched-circuit network. In a switched-circuit network, devices known as switches are used to connect the caller to the callee.  of product liability and other insurance; the loss of key personnel; failure to comply with environmental laws; and the absence of certainty regarding the receipt of required regulatory approvals or the timing or terms of such approvals. Andrx Corporation is also subject to other risks detailed herein or detailed from time to time in its filings with the U.S. Securities and Exchange Commission, including, but not limited to, the Company's Annual Report on Form 10-K Form 10-K

A report required by the SEC from exchange-listed companies that provides for annual disclosure of certain financial information.


Form 10-K

See 10-K.
 for the year ended December 31, 2002 and Forms 10-Q for the quarters ended March 31, 2003 and June 30, 2003. Andrx disclaims any responsibility to update the statements contained herein.

This release and additional information about Andrx Corporation is also available on the Internet Internet

Publicly accessible computer network connecting many smaller networks from around the world. It grew out of a U.S. Defense Department program called ARPANET (Advanced Research Projects Agency Network), established in 1969 with connections between computers at the
 at: http://www.andrx.com.

                  ANDRX CORPORATION AND SUBSIDIARIES
         UNAUDITED CONDENSED CONSOLIDATED STATEMENTS OF INCOME
          (in thousands, except share and per share amounts)

                         Three Months Ended       Nine Months Ended
                            September 30,           September 30,
                       ----------------------- -----------------------
                           2003        2002        2003        2002
                       ----------- ----------- ----------- -----------
Revenues
  Distributed products   $168,334    $133,020    $484,457    $381,567
  Andrx products           74,489      53,391     199,600     163,697
  Licensing and royalties   9,588         193      73,780         409
  Other                     2,688       2,418       6,817       7,210
                       ----------- ----------- ----------- -----------

Total revenues            255,099     189,022     764,654     552,883
                       ----------- ----------- ----------- -----------

Operating expenses
  Cost of goods sold      170,196     178,405     500,922     434,810
  Selling, general and
   administrative          55,055      51,751     168,747     139,495
  Research and
   development             12,729      12,195      38,553      33,537
  Litigation
   settlements and
   other charges                -           -       7,500      60,000
                       ----------- ----------- ----------- -----------

Total operating
 expenses                 237,980     242,351     715,722     667,842
                       ----------- ----------- ----------- -----------

Income (loss) from
 operations                17,119     (53,329)     48,932    (114,959)

Other income, net           1,940       2,432       3,947      11,647
                       ----------- ----------- ----------- -----------

Income (loss) before
 income taxes              19,059     (50,897)     52,879    (103,312)

Income tax provision
 (benefit)                  7,318     (17,813)     20,305     (43,407)
                       ----------- ----------- ----------- -----------

Net income (loss)        $ 11,741    $(33,084)   $ 32,574    $(59,905)
                       =========== =========== =========== ===========

EARNINGS (LOSS) PER SHARE

ANDRX COMMON STOCK (1):
Net income (loss) allocated
 to Andrx (includes Cybear
 subsequent to the May
 17, 2002 Conversion)    $ 11,741    $(33,084)   $ 32,574    $(53,961)
Premium on conversion
 of Cybear common stock         -           -           -        (526)
                       ----------- ----------- ----------- -----------

Total net income (loss)
 allocated to Andrx      $ 11,741    $(33,084)   $ 32,574    $(54,487)
                       =========== =========== =========== ===========

Net income (loss) per share
 of Andrx common stock:
       Basic             $   0.16    $  (0.47)   $   0.45    $  (0.77)
                       =========== =========== =========== ===========
       Diluted           $   0.16    $  (0.47)   $   0.45    $  (0.77)
                       =========== =========== =========== ===========
Weighted average shares
 of Andrx common stock
    outstanding:
       Basic           71,981,000  70,921,000  71,820,000  70,725,000
                       =========== =========== =========== ===========
       Diluted         72,839,000  70,921,000  72,517,000  70,725,000
                       =========== =========== =========== ===========

CYBEAR COMMON STOCK (1):
Net loss allocated to Cybear Group
 (through the May 17, 2002 conversion)                       $ (5,944)
Premium on conversion of Cybear common stock                      526
                                                           -----------
Total net loss allocated to Cybear                           $ (5,418)
                                                           ===========

Basic and diluted net loss per share of
 Cybear common stock                                         $  (0.80)
                                                           ===========

Basic and diluted weighted average
 shares of Cybear common stock outstanding                  6,743,000
                                                           ===========

(1) Effective May 17, 2002, all outstanding shares of Cybear
    common stock were converted into Andrx common stock. For periods
    subsequent to the conversion, Andrx Corporation will only report
    per share results for Andrx common stock which includes all of the
    former Cybear's operating results from the effective date of the
    conversion and will no longer report separate per share results
    for the former Cybear common stock.


                  ANDRX CORPORATION AND SUBSIDIARIES
            UNAUDITED CONDENSED CONSOLIDATED BALANCE SHEETS
                            (in thousands)

                                           September 30,  December 31,
                                               2003          2002
                                           -------------  ------------
        Assets

Cash, cash equivalents and investments
 available-for-sale                            $210,345     $97,394
Accounts receivable, net                        112,906     130,044
Inventories, net                                170,678     147,967
Income taxes receivable                               -      33,710
Deferred income tax assets, net                  50,240      68,148
Other current assets                             28,479      12,371
                                           -------------  ------------

    Total current assets                        572,648     489,634

Property, plant and equipment, net              241,671     233,828
Goodwill, intangibles and other assets, net      59,301      66,017
                                           -------------  ------------

    Total assets                               $873,620    $789,479
                                           =============  ============

        Liabilities and Stockholders' Equity

Current liabilities                            $254,516    $208,058
Non-current liabilities                          15,454      15,714
                                           -------------  ------------
  Total liabilities                             269,970     223,772

Commitments and contingencies

    Total stockholders' equity                  603,650     565,707
                                           -------------  ------------

    Total liabilities and stockholders'
     equity                                    $873,620    $789,479
                                           =============  ============

COPYRIGHT 2003 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2003, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

 Reader Opinion

Title:

Comment:



 

Article Details
Printer friendly Cite/link Email Feedback
Publication:Business Wire
Geographic Code:1USA
Date:Oct 30, 2003
Words:3814
Previous Article:Viseon Adds Former Lucent Chief Strategy Officer to Advisory Board.
Next Article:World Health Alternatives, Inc. Announces 38% Higher Sales in Third Quarter.
Topics:



Related Articles
Andrx Group Reports Third Quarter 2001 Earnings; Reports $0.35 Per Diluted Share.
Cybear Group Reports Third Quarter 2001 Results of Operations.
Andrx Issues Further Guidance on Fourth Quarter 2001.
Andrx Corporation Reports 2001 Fourth Quarter and Full Year Results for Andrx Group and Cybear Group.
Andrx Corporation Reports Financial Results for the Third Quarter of 2002; Results Include $41 Million Charge Related to Pre-Launch Inventories of...
Andrx Corporation Reports 2003 First Quarter Results.
Andrx Corporation Reports 2003 Second Quarter Results.
Andrx to Announce Third Quarter 2003 Financial Results and Host Conference Call.
Andrx Reports First Quarter 2004 Results.
Andrx Reports Third Quarter 2004 Financial Results.

Terms of use | Copyright © 2009 Farlex, Inc. | Feedback | For webmasters | Submit articles