Biovail Reports First-Quarter 2009 Financial Results.GAAP GAAP See: Generally Accepted Accounting Principles GAAP See generally accepted accounting principles (GAAP). EPS (Encapsulated PostScript) A PostScript file format used to transfer a graphic image between applications and platforms. EPS files contain PostScript code as well as an optional preview image in TIFF, WMF, PICT or EPSI, the latter being an ASCII-only format. of $0.25; Cash EPS of $0.42; Wellbutrin XL[R] Acquisition Expected to Add $200-$220 Million to Cash Flows through 2010; Additional $480 Million Cash Expected through 2010 to Accelerate New Strategic Focus; Pimavanserin and Tetrabenazine CR Build on Specialty CNS See Continuous net settlement. CNS See continuous net settlement (CNS). Pipeline; Annual Cost Savings Target Raised to $40-$60 Million TORONTO -- Biovail Corporation (NYSE/TSX: BVF BVF Biovail Corporation (stock symbol) BVF Berufsverband der Frauenärzte eV (Muenchen, Germany) BVF Bearing Versus Frequency ) today announced its financial results for the three-month period ended March 31, 2009. To the extent that this news release contains 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. , investors are cautioned that these are based on the Company's current views, and actual outcomes are not certain. For more information, see the note on forward-looking information following the conference-call details below. "We are ahead of schedule with our New Strategic Focus and have proven our ability to execute," said Biovail Chief Executive Officer Bill Wells Bill Wells (born Falkirk) is a Scottish bassist, pianist, guitarist and composer. He is best known for his group the Bill Wells Octet, since the early 1990s, but he has performed and recorded in a wide range of settings, including collaborations with The Pastels, Maher . "We acquired and launched our first specialty CNS product, tetrabenazine for Huntington's Chorea Hun·ting·ton's chorea n. See hereditary chorea. Huntington's chorea A hereditary disease that typically appears in midlife, marked by gradual loss of brain function and voluntary movement. , which is performing ahead of our expectations. We have begun building a promising pipeline of specialty CNS products. On the business-development front, we are hard at work on a number of interesting opportunities. We have reinforced our base business in order to provide additional resources to accelerate our strategy through the acquisition of U.S. rights to Wellbutrin XL[R], which is expected to add $200 million to $220 million in cash flow through 2010 and create substantial value for the Company. We have strengthened our senior management team and established an outstanding External Advisory Board. Perhaps most importantly Adv. 1. most importantly - above and beyond all other consideration; "above all, you must be independent" above all, most especially , we have become a recognized and credible participant in the specialty CNS market." Mr. Wells added, "We are making excellent progress toward implementing our New Strategic Focus and shifting Biovail to high growth, but we still have work to do. Given the current global financial environment, we are seeing numerous and unique opportunities to in-license or acquire CNS products and also have been introduced to corporate acquisition targets that might not have been otherwise available. Business development remains a top priority. We must ensure we have the resources to pursue these opportunities by reinforcing our cash flows in the base business, increasing efficiencies and ensuring we have the right capital structure. Including the incremental Additional or increased growth, bulk, quantity, number, or value; enlarged. Incremental cost is additional or increased cost of an item or service apart from its actual cost. cash anticipated from Wellbutrin XL[R] and the announced change in our dividend policy, we expect additional available cash of approximately $480 million through 2010. We must also continue to build our capabilities and steadily increase our presence in the specialty CNS market. The challenges are great, but we believe the opportunities are equally large. Everyone at Biovail is highly motivated to tackle these challenges and succeed. If we are successful, Biovail will be a leader in the specialty CNS market and a high-growth company." First-Quarter 2009 Financial Results Total revenues for the three months ended March 31, 2009 were $173.3 million, compared with $208.5 million for the first quarter of 2008. First-quarter 2009 net income, in accordance with United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. Generally Accepted Accounting Principles The standard accounting rules, regulations, and procedures used by companies in maintaining their financial records. Generally accepted accounting principles (GAAP) provide companies and accountants with a consistent set of guidelines that cover both broad accounting (GAAP), was $39.0 million, compared with $56.4 million for the corresponding 2008 period. GAAP diluted earnings per share diluted earnings per share An earnings measure calculated by dividing net income less preferred stock dividends for a period by the average number of shares of common stock that would be outstanding if all convertible securities were converted into shares of (EPS) for the first quarter of 2009 were $0.25, versus $0.35 for the first quarter of 2008. Specific Items Affecting First-Quarter Results GAAP net income and EPS figures for the first quarter of 2009 were negatively impacted by a $2.7-million loss on the impairment of investments related to the Company's investment in auction-rate securities, $1.4 million in costs associated with the Securities and Exchange Commission (SEC) consultant hired as a result of the settlement of the legacy SEC proceeding, a $1.3-million restructuring charge restructuring charge The expense of reorganizing a company's operations. A restructuring charge is an infrequent expense that generally results from asset writedowns or facility closings. related to the implementation of the Company's New Strategic Focus, and $0.2 million in legal settlements. In aggregate, these items negatively impacted net income and EPS in the first quarter of 2009 by $5.7 million and $0.04, respectively. GAAP net income and EPS figures for the first quarter of 2008 were negatively impacted by a $3.6-million loss on the impairment of investments primarily related to the Company's investments in auction-rate securities, a $1.2-million equity loss related to an investment in Western Life Sciences Venture Fund and an accrual accrual, n continually recurring short-term liabilities. Examples are accrued wages, taxes, and interest. of $7.9 million for the estimated contractual obligations to terminate the long-term safety study for BVF-146 (combination of once-daily tramadol with an anti-inflammatory agent). Acquisition of U.S. Rights to Wellbutrin XL[R] Biovail also announced today that it has entered into an agreement to acquire the U.S. commercialization rights to Wellbutrin XL[R] (extended-release bupropion hydrochloride bu·pro·pi·on hydrochloride n. A drug used to treat depression and nicotine dependence. bupropion hydrochloride Budeprion SR, Budeprion XL, Wellbutrin, Wellbutrin SR, Wellbutrin XL, Zyban tablets) from GlaxoSmithKline (GSK GSK GlaxoSmithKline plc (pharmaceutical company) GSK Glycogen Synthase Kinase GSK Gruppentraining Sozialer Kompetenzen (Germany) GSK Greenland Shark (FAO fish species code) ) for total consideration of $510 million. Wellbutrin XL[R], which GSK has distributed in the U.S. since September 2003, was developed by Biovail and is manufactured at the Company's Steinbach, Manitoba
Steinbach is a city of approximately 12,000 people (2007 est.) (11,066 - 2006 census) in the province of Manitoba, Canada, a short distance from the capital Winnipeg. manufacturing facility. The agreement is subject to Hart-Scott-Rodino regulatory clearance in the U.S. For more information, see separate news release issued May 6, 2009, Biovail Announces Acquisition of U.S. Rights to Wellbutrin XL[R]. Biovail intends to finance this acquisition through the use of available cash and the Company's credit facility. Pimavanserin License & Collaboration Agreement with ACADIA Acadia (əkā`dēə), Fr. Acadie, region and former French colony, E Canada, encompassing modern Nova Scotia but also New Brunswick, Prince Edward Island, and coastal areas of E Maine. After an abortive 1604 settlement of St. Pharmaceuticals Earlier this week, Biovail announced a collaboration and license agreement with ACADIA Pharmaceuticals Inc. for the U.S. and Canadian rights to develop manufacture and commercialize pimavanserin tartrate tartrate /tar·trate/ (tahr´trat) a salt of tartaric acid. tar·trate n. A salt or ester of tartaric acid. tartrate a salt of tartaric acid. , a new chemical entity (NCE NCE Networks of Centres of Excellence NCE New Chemical Entity (pharmaceutical research) NCE Normal Curve Equivalent NCE New Civil Engineer (UK Journal) NCE Non-Commercial Educational NCE New Century Energies ) currently in development for the treatment of Parkinson's disease Parkinson's disease or Parkinsonism, degenerative brain disorder first described by the English surgeon James Parkinson in 1817. When there is no known cause, the disease usually appears after age 40 and is referred to as Parkinson's disease. psychosis psychosis (sīkō`sĭs), in psychiatry, a broad category of mental disorder encompassing the most serious emotional disturbances, often rendering the individual incapable of staying in contact with reality. (PDP (1) (Plasma Display Panel) See plasma display. (2) (Policy Decision Point) See COPS and XACML. (3) (Programmed Data P ). Under the terms of the agreement, Biovail has paid to ACADIA an upfront amount of $30 million and will make additional milestone payments as pimavanserin progresses towards commercialization. For more information, see news release issued May 4, 2009, Biovail Enters Into Collaboration and License Agreement with ACADIA for Pimavanserin. Tetrabenazine CR for Tourette Syndrome Tourette syndrome Rare neurological disease that causes repetitive motor and vocal tics. Named for Georges Gilles de la Tourette, who first described it in 1885, it occurs worldwide, is usually inherited, generally begins at ages 2–15, and is three times more common Biovail today announced that, in partnership with Cambridge Laboratories (Ireland) Limited, a controlled-release formulation of tetrabenazine for the treatment of Tourette Syndrome Tourette syndrome (also Tourette's syndrome or TS) is an inherited neurological disorder with onset in childhood, characterized by the presence of motor and phonic tics. Treatment of Tourette syndrome (BVF-018) has been added to the Biovail's specialty CNS pipeline. Biovail is targeting a mid-2009 pre-IND meeting with the U.S. Food and Drug Administration (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. ) for this program. Tourette Syndrome is a central nervous system (CNS) disorder estimated to affect approximately 200,000 people in the U.S. Commercial Launch of Aplenzin[TM] In April 2009, Biovail announced the U.S. commercial launch of Aplenzin[TM] (bupropion bupropion /bu·pro·pi·on/ (bu-pro´pe-on) a monocyclic compound structurally similar to amphetamine, used as the hydrochloride salt as an antidepressant and as an aid in smoking cessation. hydrobromide) extended-release tablets by sanofi-aventis US. Aplenzin[TM] was approved by the FDA in April 2008 at dosage strengths of 174mg, 348mg and 522mg for the treatment of major depressive disorder Major depressive disorder A mood disorder characterized by profound feelings of sadness or despair. Mentioned in: Conduct Disorder major depressive disorder (MDD MDD Major depressive disorder, see there ). The 522mg dosage strength of Aplenzin[TM] represents the only FDA-approved single-tablet, once-daily treatment option equivalent to 450mg of bupropion hydrochloride therapy, which requires two or three tablets daily. Establishment of External Advisory Board In March 2009, Biovail announced the formation of an External Advisory Board (EAB EAB Emerald Ash Borer (insect) EAB Environmental Appeals Board (EPA) EAB Educational Activities Board (IEEE) EAB Environmental Advisory Board EAB Egyptian American Bank ) to oversee and provide medical, scientific, and commercial input into the Company's development-pipeline efforts in specialty CNS disorders. Biovail's EAB is comprised of Franklin M. Berger, Dr. Mark A. Cochran, Dr. Kathleen Clarence-Smith, Dr. Robert H. Lenox, Dr. Karoly Nikolich and Dr. Ian Ragan. These exceptional professionals bring a wealth of academic, business and product-development expertise and acumen to Biovail. For more information, please see news release issued March 27, 2009, Biovail Announces Establishment of External Advisory Board. Restructuring Update In consideration of the Company's shift in its research-and-development focus from reformulation opportunities to the in-licensing and development of specialty CNS programs, Biovail has decided to close its research and development (R&D) site in Mississauga, Ontario For the First Nation, see . Mississauga (pronounced: [ˌmɪsɪˈsɑgə] listen , and to streamline its R&D operations in Chantilly, Virginia Chantilly is an unincorporated community located in western Fairfax County and southeastern Loudoun County of Northern Virginia. Recognized by the U.S. Census Bureau as a census designated place (CDP), the community population was 41,041 as of the 2000 census. . The Chantilly operation, currently housed in two buildings, will be consolidated into a single building and will assume the Pharmaceutical Science and Technology Transfer functions currently performed at Biovail's Mississauga R&D site. This initiative, which will retain our strong expertise in formulation, clinical development and regulatory affairs Regulatory Affairs (RA), also called Government Affairs, is a profession within regulated industries, such as pharmaceuticals, medical devices, energy, and banking. Regulatory Affairs professionals usually have responsibility for the following general areas: The ongoing closure of Biovail's manufacturing facilities in Puerto Rico Puerto Rico (pwār`tō rē`kō), island (2005 est. pop. 3,917,000), 3,508 sq mi (9,086 sq km), West Indies, c.1,000 mi (1,610 km) SE of Miami, Fla. remains on track to be completed by early 2010. The two Puerto Rico facilities, and the previously closed R&D facility in Dublin, Ireland, remain on the market to be sold. Biovail's restructuring and expense reduction opportunities have proven to be greater than originally anticipated. Consequently, Biovail is increasing its cost reduction target to $40 million to $60 million annually beginning in 2010. Total write-offs and restructuring charges associated with this effort are now expected to be in the range of $100 million to $120 million (previously $80 million to $100 million), of which the estimated cash component remains in the range of $20 million to $40 million. To date, $75.6 million of these charges have been incurred. Balance Sheet & Cash Flow At the end of the first quarter of 2009, Biovail had cash and cash equivalents of $297.7 million, marketable securities Marketable Securities Very liquid securities that can be converted into cash quickly at a reasonable price. Notes: Marketable securities are very liquid as they tend to have maturities less than one year, and the rate at which these securities can be bought or sold has valued at $20.7 million, and no borrowings under its $250-million committed credit facility. Cash flow from operations Cash flow from operations A firm's net cash inflow resulting directly from its regular operations (disregarding extraordinary items such as the sale of fixed assets or transaction costs associated with issuing securities), calculated as the sum of net income plus noncash expenses was $47.0 million in the first quarter of 2009, compared with $92.7 million in the first quarter of 2008 ($66.9 million and $73.9 million, respectively, before changes in operating assets Operating Assets Another term for working capital. and liabilities), which primarily reflects lower net income in 2009 and a decrease of $21.7 million related to the change in accounts receivable accounts receivable n. the amounts of money due or owed to a business or professional by customers or clients. Generally, accounts receivable refers to the total amount due and is considered in calculating the value of a business or the business' problems in paying , reflecting a higher level of receipts in the first quarter of 2008. Net capital expenditures in the first quarter of 2009 amounted to $0.8 million, compared with $9.7 million in the prior-year period. Going forward, capital expenditures are expected to remain significantly below historical levels as a result of the closure or consolidation of the Company's facilities in Puerto Rico, Ireland, Mississauga and Chantilly, and the availability of capacity in Biovail's Steinbach manufacturing facility. In 2009, Biovail anticipates capital expenditures to be in the range of $5 million to $10 million. First-Quarter 2009 Financial Performance Product revenues for the first quarter of 2009 were $165.4 million, compared with $196.9 million in the first quarter of 2008. This decline is primarily due to lower revenues from Wellbutrin XL[R], the Zovirax[R] line, Ultram[R] ER, Cardizem[R] LA and the impact of a weaker Canadian dollar Noun 1. Canadian dollar - the basic unit of money in Canada; "the Canadian dollar has the image of loon on one side of the coin" loonie dollar - the basic monetary unit in many countries; equal to 100 cents on the sales of Biovail Pharmaceuticals Canada (BPC BPC British Potato Council BPC Brewton-Parker College (Mt Vernon, GA) BPC Bible Presbyterian Church BPC Bangladesh Petroleum Corporation (Chittagong, Bangladesh) BPC British Pharmaceutical Codex ). Partially offsetting factors include the strong performance of Biovail's Legacy products, and the inclusion of revenues from Xenazine[R]/Nitoman[R] and Aplenzin[TM] in the first quarter of 2009. Excluding Wellbutrin XL[R], total product revenues were $145.3 million in the first quarter of 2009, compared with $138.1 million in the prior-year period, an increase of 5%. Launched in November 2008 by Biovail's marketing partner Ovation Pharmaceuticals, Inc, (acquired by H. Lundbeck A/S in February 2009), Xenazine[R] generated first-quarter 2009 revenues of $6.7 million. Through April 9, 2009, the product's total prescription volume and average daily dose remain above initial expectations. In Canada, Nitoman[R] generated revenue of $1.0 million in the first quarter of 2009, which is included in Biovail Pharmaceutical Canada's revenues. Aplenzin[TM] generated revenues of $3.8 million in the first quarter of 2009, which represented launch quantities and samples shipped to Biovail's marketing partner sanofi-aventis US prior to the product's April 2009 U.S. commercial launch. Product revenues for Wellbutrin XL[R] were $20.1 million in the first quarter of 2009, compared with $58.9 million in the first quarter of 2008. This decrease reflects the introduction of a generic formulation of the 150mg strength of the product in May 2008. First-quarter 2009 revenues for Biovail's Zovirax[R] franchise were $32.9 million, compared with $37.1 million in the prior-year period, reflecting a 5% decrease in prescription volume and a reduction in inventories at the wholesaler level, partially offset by price increases. In the first quarter of 2009, Zovirax[R] Ointment ointment /oint·ment/ (oint´ment) a semisolid preparation for external application to the skin or mucous membranes, usually containing a medicinal substance. oint·ment n. and Zovirax[R] Cream held a combined 75% share of the topical herpes Herpes Any virus of the herpesvirus group, which comprises a family of 70 species, 5 of which are pathogenic to humans; the term also refers to any infection caused by these viruses. market, an increase of 1.2 percentage points in market share versus first-quarter 2008 levels. Ultram[R] ER generated revenues of $20.6 million in the first quarter of 2009, compared with $24.1 million in the first quarter of 2008. Ultram[R] ER's performance in the first quarter of 2009 reflects a 9% year-over-year decrease in prescription volume and a reduction in Biovail's supply price from 37.5% to 35% of 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 , which were partially offset by price increases and a $1.1-million reduction to the $6.5-million provision related to the December 2008 voluntary recall of certain lots of Ultram[R] ER 100mg strength tablets. Revenues from BPC were $15.3 million in the first quarter of 2009, compared with $16.2 million in the first quarter of 2008, a 6% decrease that reflects the impact of a weaker Canadian dollar, partially offset by the inclusion of Nitoman[R] revenues and higher volumes of Wellbutrin[R] XL, Tiazac[R] XC and Ralivia[TM]. In Canadian dollar terms, BPC revenues in the first quarter of 2009 increased 17%, compared with the corresponding period in 2008. In the first quarter of 2009, Cardizem[R] LA generated revenues of $8.2 million, compared with $10.2 million for the corresponding period in 2008, a 20% decrease that reflects lower prescription volumes. The amortization of deferred revenues associated with the May 2005 Kos transaction positively impacted Cardizem[R] LA revenues by $3.8 million in the first quarters of both 2008 and 2009. Pursuant to an agreement 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. a generic formulation of Cardizem[R] LA can be launched upon Watson's receipt of FDA approval. Biovail will receive a royalty based on sales of Watson's generic version of Cardizem[R] LA. Legacy products generated revenues of $40.6 million for the first quarter of 2009, compared with $33.1 million in the first quarter of 2008. This strong performance reflects the positive impact of price increases, and higher volumes of generic Tiazac[R] as a result of the recent withdrawal of a competing formulation from the market, which more than offset declining prescription volumes for these mature products. Product revenue for Biovail's portfolio of generic products was $16.9 million in the first quarter of 2009, compared with $17.2 million in the first quarter of 2008. This performance reflects lower prescription volumes and a decrease in pricing to remain competitive in the market. The following table summarizes Biovail's product revenue performance in the first quarter of 2009: [TABLE OMITTED] Research-and-development revenue was $3.7 million in the first quarter of 2009, compared with $7.4 million in the corresponding period in 2008. This 49% decrease reflects lower volume of clinical research and laboratory testing services provided to external customers by Biovail's Contract Research Division (CRD CRD See Central Registration Depository (CRD). ), as well as the negative impact of the weakening Canadian dollar relative to the U.S. dollar. Royalty and other revenue was $4.2 million in the first quarter of 2009, which was consistent with the level recorded in the first quarter of 2008. 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 for the first quarter of 2009 was $44.8 million, compared with $53.7 million in the first quarter of 2008. Gross margins on product revenues were 73% in each of the first quarters of 2009 and 2008. A number of offsetting factors drove this result, including improvements from price increases across several product lines and lower costs in Biovail's Puerto Rico manufacturing facilities, partially offset by lower Wellbutrin XL[R] volumes, lower pricing on Biovail's generic products and the lower gross margins associated with Xenazine[R] / Nitoman[R]. Total research-and-development (R&D) expenditures for the first quarter of 2009 were $14.5 million, compared with $36.3 million for the first quarter of 2008. Excluding expenses associated with CRD, R&D expenses were $11.1 million in the first quarter of 2009, compared with $30.2 million in the first quarter of 2008. The decrease reflects reduced overhead costs overhead costs see fixed costs. as a result of the closure of the Company's Ireland facility, and lower expenses associated with feasibility programs in Biovail's development pipeline as the Company rebalances its development priorities towards specialty CNS programs. In addition, in the first quarter of 2008, Biovail accrued $7.9 million for the estimated contractual obligations to terminate the long-term safety study for BVF-146. Going forward, R&D expenses are expected to increase relative to first-quarter 2009 levels as a result of the collaboration and license agreement with ACADIA for pimavanserin (see separate news release issued May 4, 2009, Biovail Enters Into Collaboration and License Agreement with ACADIA for Pimavanserin), the planned initiation of the Phase 3 clinical program for BVF-324, an undisclosed drug for the treatment of premature ejaculation Premature Ejaculation Definition Premature ejaculation occurs when male sexual climax (orgasm) occurs before a man wishes it or too quickly during intercourse to satisfy his partner. , and the ongoing development of a controlled-release formulation of tetrabenazine (BVF-018). Selling, general and administrative (SG&A) expenses for the first quarter of 2009 were $43.2 million, compared with $43.6 million in the first quarter of 2008, a 1% decrease. Included in SG&A expenses for the first quarter of 2009 were $5.8 million in indemnity obligations to certain former officers ($1.2 million in the first quarter of 2008), and $1.4 million in respect of SEC consultant costs. After taking account of these expenditures, SG&A costs declined $6.3 million, or 15%, over the same quarter in 2008. In addition, sales and marketing costs declined over the same quarter in 2008 by $5.9 million, primarily reflecting the net cost reduction due to the change to a contract sales organization for Zovirax[R] effected in January of 2009. Amortization expense in the first quarter of 2009 was $15.5 million, compared with $11.7 million in the first quarter of 2008. The increase in 2009 reflects the inclusion of amortization of intangible assets Intangible Asset An asset that is not physical in nature. Notes: Examples are things like copyrights, patents, intellectual property, and goodwill. These are the opposite of tangible assets. related to the September 2008 acquisition of Prestwick Pharmaceuticals, Inc. Cash EPS As previously disclosed, in the fourth quarter of 2008, as a result of a change in the Company's assessment of the realizability of a portion of its deferred tax assets related to approximately $350 million of net operating loss operating loss The excess of operating expenses over revenue. As with operating income, operating losses exclude revenues and expenses from operations that are not considered a regular part of the business. Also called deficit. Compare operating income. (NOL NOL - Never Offline ) carry-forwards in the U.S., Biovail reduced the valuation allowance against a portion of the deferred tax asset in respect of the U.S. NOLs. This reduction has resulted in the recording of the related deferred tax expense and a corresponding increase in the Company's GAAP tax rate commencing in this quarter. However, as the use of NOLs reduces cash taxes otherwise payable, Biovail does not anticipate any significant changes to its cash tax rate in 2009. In addition, amortization expense is likely to vary considerably between periods as Biovail executes its New Strategic Focus, which assumes significant business-development activity. Accordingly, to facilitate a more appropriate comparison between periods, Biovail will now report Cash EPS, which it calculates as cash flows from operating activities excluding changes in operating assets and liabilities divided by the weighted-average number of shares outstanding, with its quarterly financial results. Cash EPS excludes changes in operating assets and liabilities because they are subject to timing variability that could result in fluctuations not reflective of operating results. In the first quarter of 2009, Cash EPS was $0.42 compared with $0.46 in the first quarter of 2008. Excluding specific items in the first quarter of 2009, comprised of $1.4 million in costs associated with the SEC consultant, $1.3 million in restructuring costs and $0.2 million in legal settlements, Cash EPS was $0.44. For more information concerning Cash EPS, please refer below to "Use of non-GAAP Financial Measures." Use of Non-GAAP Financial Measures Cash EPS has been provided as Biovail believes such measures provide investors with additional information to assist in understanding critical components of Biovail's financial results and they are useful measures for investors and management that facilitate, on an aggregate and on a per-share basis, respectively, operating comparisons between periods. Such measures do not have any standardized standardized pertaining to data that have been submitted to standardization procedures. standardized morbidity rate see morbidity rate. standardized mortality rate see mortality rate. meanings prescribed by GAAP, and are therefore unlikely to be comparable to similar measures presented by other companies. Cash EPS is not a measure of performance under GAAP, and should not be considered in isolation of or as a substitute for net income or earnings per share prepared in accordance with GAAP. Biovail has provided a reconciliation of Cash EPS to GAAP net income and to GAAP EPS in the table below. [TABLE OMITTED] *EPS figures may not add due to rounding. Conference Call Biovail management will host a conference call and Webcast on Wednesday, May 6, 2009, at 8:30 a.m. EDT EDT abbr. Eastern Daylight Time EDT Eastern Daylight Time EDT n abbr (US) (= Eastern Daylight Time) → hora de verano de Nueva York EDT for Company executives to discuss 2009 first-quarter financial results and the Company's recent business-development activities. Following the discussion, Biovail executives will address inquiries from research analysts. A live Webcast of this call will be available through the Investor Relations Investor relations The process by which the corporation communicates with its investors. section of Biovail's Web site at www.biovail.com. To access the call live, please dial 416-641-6124 (Toronto and International callers) and 1-866-299-8690 (U.S. and Canada). Listeners are encouraged to dial in 10 minutes before the call begins to avoid delays. A replay of the conference call will be available until 7 p.m. EDT on Wednesday, May 13, 2009, by dialing 416-695-5800 (Toronto and International callers) and 1-800-408-3053 (U.S. and Canada), using access code, 3460042#. Caution Regarding Forward-Looking Information and "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. " Statement To the extent any statements made in this release contain information that is not historical, these statements are forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended, and may be forward-looking information under applicable Canadian provincial securities legislation (collectively, "forward-looking statements"). These forward-looking statements relate to, among other things, our objectives, goals, targets, strategies, intentions, plans, beliefs, estimates, outlook and guidance, including, without limitation, statements concerning the Company's progress in implementing the New Strategic Focus, the timing, anticipated impact and associated costs of the closures of the Company's Puerto Rico and Ireland facilities and the Company's other efficiency initiatives, beliefs related to the costs and future benefits related to the planned closure of the Company's Mississauga, Ontario, R&D facility and consolidation of its Chantilly, Virginia, R&D operations, the Company's anticipated annual cost savings from its cost-efficiency initiatives, the outcome and objectives of business development efforts, the successful commercialization and launch of Aplenzin[TM], the impact of the promotion of Zovirax[R] by PSS See EPSS. , the Company's intent with respect to the initiation of Phase 3 studies for BVF-324 and BVF-018, the Company's plans with respect to a development partner for BVF-045, the Company's anticipated capital expenditures in future years, the Years, The the seven decades of Eleanor Pargiter’s life. [Br. Lit.: Benét, 1109] See : Time timing and anticipated impact of the Company's sale and leaseback sale and leaseback The sale of a fixed asset that is then leased by the former owner from the new owner. A sale and leaseback permits a firm to withdraw its equity in an asset without giving up use of the asset. Also called leaseback. of its corporate headquarters, the timing of the Company's anticipated replacement shipments of Ultram[R] ER 100mg tablets, the anticipated timing of the launch of a generic formulation of Cardizem[R] LA, the expected future taxable income Under the federal tax law, gross income reduced by adjustments and allowable deductions. It is the income against which tax rates are applied to compute an individual or entity's tax liability. The essence of taxable income is the accrual of some gain, profit, or benefit to a taxpayer. in determining any required deferred tax asset valuation allowance and the impact of the reduction in valuation allowance, changes in the Company's cash tax rate, the intent and ability to make future dividend payments, and can generally be identified by the use of words such as "guidance," "believe," "anticipate," "expect," "target," "intend," "plan," "will," "may," "potential," and other similar expressions. In addition, any statements that refer to expectations, projections or other characterizations of future events or circumstances are forward-looking statements. Although Biovail believes that the expectations reflected in such forward-looking statements are reasonable, such statements involve risks and uncertainties, and undue reliance should not be placed on such statements. Certain material factors or assumptions are applied in making forward-looking statements, and actual results may differ materially from those expressed or implied in such statements. Important factors that could cause actual results to differ materially from these expectations include, among other things: prescription volumes and trends, success in obtaining and developing additional CNS products, success in managing off-patent branded pharmaceuticals, the ability to launch an authorized generic formulation of Wellbutrin XL[R], obtaining Hart-Scott-Rodino regulatory clearance, the intended priorities for use of cash flows, the reliability of research findings, the difficulty of predicting U.S. Food and Drug Administration, Canadian Therapeutic Products Directorate Therapeutic Products Directorate (TPD) is a Canadian federal authority that regulates pharmaceutical drugs and medical devices for human use, a role performed by the Food and Drug Administration in the United States. and European regulatory approvals, acceptance and demand for new pharmaceutical products, the impact of competitive products and pricing, new product development and launch, reliance on key strategic alliances, contractual disagreements with third parties, availability of raw materials and finished products, infringement and alleged infringement of our intellectual property rights and those of others, delay in or transition issues arising from closure of our Puerto Rico and Ireland facilities, the regulatory environment, tax rate assumptions, the outcome of legal proceedings All actions that are authorized or sanctioned by law and instituted in a court or a tribunal for the acquisition of rights or the enforcement of remedies. and settlements thereto, the continuation of the recent financial market turmoil, currency fluctuations, availability of capital and ability to generate operating cash flows Operating cash flow Earnings before depreciation minus taxes. Measures the cash generated from operations, not counting capital spending or working capital requirements. and satisfy the applicable laws for dividend payments, the ability to manufacture and commercialize pipeline products, fluctuations in operating results and other risks detailed from time to time in the Company's filings with the Securities and Exchange Commission and the Ontario Securities Commission The Ontario Securities Commission (OSC) is a regulatory agency which administers and enforces securities legislation in the Canadian province of Ontario. The OSC is an Ontario Crown corporation which reports to the Ontario legislature through the Minister of Finance. , as well as the Company's ability to anticipate and manage the risks associated with the foregoing. Additional information about these factors and about the material factors or assumptions underlying such forward-looking statements may be found in the body of this news release, as well as under the heading "Risk Factors" contained in Item 3(D) of Biovail's most recent Annual Report on Form 20-F. The Company cautions that the foregoing list of important factors that may affect future results is not exhaustive. When relying on Biovail's forward-looking statements to make decisions with respect to the Company, investors and others should carefully consider the foregoing factors and other uncertainties and potential events. Biovail undertakes no obligation to update or revise any forward-looking statement. About Biovail Corporation Biovail Corporation is a specialty pharmaceutical company engaged in the formulation, clinical testing, registration, manufacture, and commercialization of pharmaceutical products. The Company is focused on the development and commercialization of medicines that address unmet medical needs in niche specialty central nervous system (CNS) markets. For more information about Biovail, visit the Company's Web site at www.biovail.com. For further information, please contact Nelson F. Isabel at 905-286-3000 or send inquiries to ir@biovail.com. [TABLE OMITTED] [TABLE OMITTED] [TABLE OMITTED] |
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