| View printer-friendly version | | Sepracor Reports Strong First Quarter 2009 Operating Results and Reiterates Financial Guidance for 2009 |
Financial Highlights
-- First quarter 2009 revenues increased approximately 3% to $330.2
million vs. $320.8 million for the same quarter in 2008
-- Reported GAAP earnings per share (EPS) for the first quarter 2009
increased approximately 416% to $0.31 per diluted share vs. $0.06 per
diluted share for the same period in 2008*
-- Excluding special items and recurring non-GAAP adjustments, first
quarter non-GAAP EPS increased approximately 57% to $0.85 per diluted
share vs. $0.54 per diluted share for the same period in 2008*
-- Cash and short- and long-term investments were $729 million as of
March 31, 2009
Other Recent Highlights
-- Submitted a New Drug Application (NDA) to the U.S. Food and Drug
Administration (FDA) for STEDESA™ (eslicarbazepine acetate) for
adjunctive treatment of epilepsy
-- A large-scale Phase III study of OMNARIS®
(ciclesonide) HFA nasal aerosol in seasonal allergic rhinitis met
its primary and key secondary endpoints
*See below under the heading “Use of non-GAAP Financial Measures and
Prior Period Adjustments” for a discussion of Sepracor’s use of non-GAAP
financial measures and prior period adjustments. Attached is a
reconciliation of GAAP (U.S. generally accepted accounting principles)
to non-GAAP calculations.
MARLBOROUGH, Mass.--(BUSINESS WIRE)--Apr. 30, 2009--
Sepracor Inc. (Nasdaq: SEPR) today announced its consolidated financial
results for the first quarter ended March 31, 2009.
For the three months ended March 31, 2009, total revenues increased
approximately 3% to $330.2 million compared to revenues of $320.8
million during the same quarter in 2008. GAAP net income for the three
months ended March 31, 2009 was $35.2 million, or $0.31 per diluted
share, compared to $7.1 million, or $0.06 per diluted share, for the
same quarter in 2008. Non-GAAP net income for the three months ended
March 31, 2009 was $96.8 million, or $0.85 per diluted share, which
excludes a restructuring charge and includes a favorable adjustment to
income taxes to reflect Sepracor’s estimated annual effective cash-basis
tax rate of approximately 2.5%, compared to non-GAAP net income for the
first quarter of 2008 of $62.5 million, or $0.54 per diluted share,
which excludes an in-process research and development charge related to
a distribution agreement with Nycomed GmbH and the associated
amortization of related intangible assets, as well as a milestone
payment made to BIAL-Portela & Ca, S.A. Non-GAAP net
income for these periods excludes certain other items detailed in the
attached reconciliation of GAAP to non-GAAP measures. In addition, prior
periods have been adjusted to reflect the impact of the adoption on
January 1, 2009 of FASB Staff Position No. APB 14-1, Accounting for
Convertible Debt Instruments That May Be Settled in Cash upon Conversion
(Including Partial Cash Settlement) (FSP 14-1) and certain
other immaterial adjustments as described below under the heading "Use
of non-GAAP Financial Measures and Prior Period Adjustments".
Sepracor reiterated its previous 2009 financial guidance with projected
non-GAAP EPS ranging from $2.10 to $2.70 per diluted share based on 116
million shares outstanding; projected full-year revenue ranging from
$1,150.0 million to $1,250.0 million; projected sales, marketing and
general administrative expense is expected to be approximately $600.0
million; and projected non-GAAP research and development expense is
expected to be approximately $210.0 million. There are no non-GAAP
adjustments to projected revenues or sales, marketing and general
administrative expense guidance.
“During the first quarter of 2009 we implemented our corporate
restructuring plan to streamline our operations into a more efficient
and flexible business that we believe will better position us to
leverage our product franchises, advance our exciting research and
development pipeline, and allow us to continue to pursue synergistic
corporate development and licensing opportunities,” said Adrian Adams,
President and Chief Executive Officer. “We delivered strong first
quarter results with robust EPS growth and are determined to continue to
deliver strong financial performance, EPS momentum and enhanced
shareholder value over time.”
LUNESTA® brand eszopiclone, indicated for the treatment of
insomnia, had revenues of $140.4 million for the first quarter of 2009
compared to $135.6 million for the same quarter in 2008, an increase of
approximately 4%.
XOPENEX® brand levalbuterol HCl Inhalation Solution, which is
a short-acting beta-agonist indicated for the treatment or prevention of
bronchospasm in patients suffering from diseases such as asthma and
chronic obstructive pulmonary disease (COPD), accounted for $118.1
million in revenues for the first quarter of 2009, compared to $140.0
million for the same quarter in 2008, a decrease of approximately 16%.
XOPENEX HFA® brand levalbuterol tartrate Inhalation Aerosol,
a hydrofluoroalkane (HFA) metered-dose inhaler (MDI) formulation of
levalbuterol for the treatment or prevention of bronchospasm in patients
with reversible obstructive airway disease, accounted for $20.1 million
in revenues in the first quarter of 2009 compared to $20.0 million for
the same period in 2008.
BROVANA® brand arformoterol tartrate Inhalation Solution, a
long-acting, twice-daily maintenance treatment for bronchoconstriction
in patients with COPD, accounted for $18.5 million in revenues in the
first quarter of 2009 compared to revenues of $9.9 million for the same
period in 2008, an increase of approximately 87%.
OMNARIS® brand ciclesonide Nasal Spray had revenues of $5.9
million for the first quarter of 2009. Sepracor commercially introduced
OMNARIS in April 2008 for the treatment of nasal symptoms associated
with seasonal allergic rhinitis (SAR) in adults and children 6 years of
age and older, and with perennial allergic rhinitis (PAR) in adults and
adolescents 12 years of age and older.
Sepracor commercially introduced ALVESCO® brand ciclesonide
HFA Inhalation Aerosol in September 2008 through a staged launch that
was initially focused primarily on specialists, with a broader primary
care roll-out during the first quarter of 2009. No revenue was recorded
for the first quarter of 2009 primarily due to the time necessary to
reduce launch phase inventory in the distribution channel. ALVESCO HFA
is an inhaled corticosteroid indicated for maintenance treatment of
asthma as prophylactic therapy in adult and adolescent patients 12 years
of age and older.
Royalty and license fee revenues were $23.3 million for the first
quarter of 2009 compared to $15.2 million for the same quarter in 2008,
an increase of approximately 53%. Sepracor continues to earn royalty
revenues on sales of out-licensed antihistamine products, which include
Schering-Plough’s CLARINEX® brand desloratadine,
sanofi-aventis’ ALLEGRA® brand fexofenadine HCl and UCB’s
XYZAL®/XUSAL™ brand levocetirizine.
Revenues from Sepracor Pharmaceuticals, Inc. (SPI), a subsidiary of
Sepracor acquired in June 2008 that markets branded prescription
pharmaceutical products to physician specialists and hospitals within
Canada, were $3.9 million for the first quarter of 2009.
Sepracor’s pipeline portfolio continues to progress. Sepracor recently
announced the results of a large-scale, 707-patient Phase III study of
OMNARIS HFA, a nasal aerosol formulation of ciclesonide, for
the treatment of SAR in adult and adolescent patients. In this study,
OMNARIS HFA met its primary efficacy endpoint by demonstrating a
statistically significant reduction in the 24-hour reflective total
nasal symptom score (TNSS), which assesses the common allergy symptoms
of nasal congestion, itching, sneezing and runny nose, versus placebo.
In addition, OMNARIS HFA also met its key secondary endpoints with
statistically significant improvement in the 24-hour instantaneous TNSS
and the 24-hour reflective total ocular symptom score (TOSS) versus
placebo. Ocular symptoms, which can include itching, tearing and redness
of the eyes, can be particularly troublesome and are present in a large
number of patients with SAR. If developed successfully and FDA approved,
OMNARIS HFA could be the first nasal HFA formulation to be available for
patients in the U.S. for the treatment of allergic rhinitis.
SEP-225289, a novel triple reuptake inhibitor for the treatment of
depression, is in a Phase II study that is fully-recruited with clinical
results anticipated in the third quarter of 2009.
In 2008, Sepracor submitted a briefing package to the FDA outlining a
proposal to conduct an abbreviated Phase III program for SEP-227162, a
dual reuptake inhibitor being developed for the treatment of depression.
In a recent communication from the FDA, it has agreed with the key
elements of Sepracor's proposal and the company is currently evaluating
the possible initiation of a Phase III registration trial for SEP-227162.
SEP-0227018, a new LUNESTA formulation being studied for reduced side
effects and potentially improved efficacy, is now in Phase II clinical
development. Sepracor is also in the process of completing studies of
LUNESTA with an improved coating, and subject to FDA approval,
anticipates commercially launching LUNESTA with this new, non-functional
but durable film coating in 2010.
Sepracor submitted an NDA to the FDA during the first quarter of 2009
for STEDESA, a compound licensed from BIAL-Portela & Ca, S.A.,
for the use of adjunctive therapy in the treatment of partial-onset
seizures in adults with epilepsy.
As a result of the decision by the European Medicines Agency (EMEA) to
recommend granting marketing authorization for LUNIVIA® brand
eszopiclone but without designating it as a new active substance,
Sepracor and GlaxoSmithKline (GSK) today announced that they have made
the mutual decision to terminate, in its entirety, their agreement
covering commercialization of LUNIVIA for the European Union (EU) and
certain other markets worldwide. Under the agreement, GSK did not have
rights to commercialize eszopiclone in the U.S., Canada, Mexico or
Japan. Sepracor is waiting for guidance from the European Commission
(EC) before determining whether to pursue commercialization of LUNIVIA
in the EU and other markets that were subject to the agreement with GSK.
About Sepracor
Sepracor Inc. is a research-based pharmaceutical company dedicated to
treating and preventing human disease by discovering, developing and
commercializing innovative pharmaceutical products that are directed
toward large and growing markets and unmet medical needs. Sepracor’s
drug development program has yielded a portfolio of pharmaceutical
products and candidates with a focus on respiratory and central nervous
system disorders. Sepracor’s corporate headquarters are located in
Marlborough, Massachusetts.
Use of non-GAAP Financial Measures and
Prior Period Adjustments
Effective January 1, 2009, Sepracor adopted FSP 14-1, which changed the
method of accounting for its 0% convertible notes due in 2024. In
addition, as required by FSP 14-1, Sepracor also revised its previously
reported financial statements to apply this change in accounting to
prior periods. Pursuant to FSP 14-1, Sepracor’s EPS and net income
calculated in accordance with GAAP have been reduced as a result of
recognizing incremental non-cash interest expense such that Sepracor
recorded $4.8 million and $6.6 million of additional non-cash interest
expense in the three months ended March 31, 2009 and 2008, respectively.
In addition, effective January 1, 2009, Sepracor adopted EITF 03-6-1, Determining
Whether Instruments Granted in Share-Based Payment Transactions are
Participating Securities) (EITF 03-6-1). EITF 03-6-1 addresses
whether instruments granted in share-based payment transactions are
participating securities prior to vesting, and therefore need to be
included in the earnings allocation in computing earnings per share.
Under the guidance of EITF 03-6-1, Sepracor’s unvested share-based
payment awards, which contain nonforfeitable rights to dividends or
dividend equivalents whether paid or unpaid, are considered to be
participating securities and are now included in the computation of
earnings per share. The adoption of EITF 03-6-1 had no impact to
Sepracor’s diluted earnings per share for the three months ended March
31, 2009 and 2008; resulted in a $0.01 negative impact on Sepracor’s
basic earnings per share for the three months ended March 31, 2009; and
had no impact to Sepracor’s basic earnings per share for the three
months ended March 31, 2008.
While adjusting its prior year financial statements for these new
accounting pronouncements, Sepracor also adjusted its financial
statements for certain immaterial corrections.
In addition to providing financial measurements based on GAAP, Sepracor
is providing additional financial metrics that are not prepared in
accordance with GAAP (non-GAAP). The use of, and emphasis on, non-GAAP
financial metrics are discouraged by governing regulatory agencies, and
companies are required to explain why non-GAAP financial metrics are
relevant to management and investors. Sepracor believes that the
inclusion of these non-GAAP financial measures in this press release
helps investors to gain a meaningful understanding of its past
performance and future prospects, consistent with how management
measures and forecasts its performance, especially when comparing such
results to previous periods or forecasts. Specifically with respect to
the exclusion of amortization of intangible assets from GAAP net income,
purchased intangible assets relate primarily to core and developed
technology of acquired businesses. Sepracor considers these charges
non-cash in nature and unrelated to its core operating performance, and
use of this non-GAAP measure allows comparisons of operating results
that are consistent over time for both Sepracor’s newly acquired and
long-held businesses and with both acquisitive and non-acquisitive peer
companies. Sepracor’s management uses all of these non-GAAP measures, in
addition to GAAP financial measures, as the basis for measuring its core
operating performance and comparing such performance to that of prior
periods. These measures are also used by management in its financial and
operational decision-making. There are limitations associated with
reliance on these non-GAAP financial metrics because they are specific
to Sepracor’s operations and financial performance, which makes
comparisons with other companies’ financial results more challenging. By
providing both GAAP and non-GAAP financial measures, Sepracor believes
that investors are able to compare its GAAP results to those of other
companies while also gaining a better understanding of Sepracor’s
operating performance as evaluated by management.
For the three months ended March 1, 2009, Sepracor utilized a GAAP
effective tax rate of 41%. However, Sepracor is currently utilizing its
net operating loss carryforwards, subject to certain restrictions, to
offset its taxable income, which results in an estimated annual
effective cash-basis tax rate of approximately 2.5%. Sepracor
anticipates that this reduced tax rate will be utilized for all of 2009.
Therefore, in the attached reconciliation of GAAP to non-GAAP measures,
Sepracor has adjusted the GAAP income tax expense for the three months
ended March 31, 2009 to reflect its estimated annual effective
cash-basis tax rate of approximately 2.5%.
Sepracor expects to continue to incur for the foreseeable future
significant expenses similar to the non-GAAP adjustment for amortization
of intangible assets described in the attached reconciliation of GAAP to
non-GAAP measures, as well as imputed interest expense related to
discounted future payments under license agreements which are also
excluded from GAAP net income. In addition, first quarter 2009 results
and 2009 EPS guidance is adjusted to exclude interest expense associated
with Sepracor’s 0% convertible subordinated notes due 2024, or 2024
Notes, as required under FSP14-1. Sepracor also expects to continue to
incur this interest expense until the 2024 Notes are repaid in full and
non-cash income tax expense until all of its net operating losses are
consumed, however it intends to exclude them from GAAP net income. The
exclusion of these items from Sepracor’s non-GAAP financial measures
should not be construed as an inference that these costs are unusual,
infrequent or non-recurring. Some of the material limitations in relying
on these non-GAAP financial measures are that while amortization of
intangible assets and GAAP income tax expense do not directly affect
Sepracor’s current cash position, such expenses represent the declining
value of technology and other intangible assets it has acquired over
their respective expected economic lives, or, in the case of GAAP taxes
expense, the decrement of its deferred tax assets. The expense
associated with these adjustments is excluded from non-GAAP financial
measures, and therefore the non-GAAP financial measures do not reflect
the costs of acquired intangible assets or the reduction of Sepracor’s
deferred tax assets. In addition, while the interest expense on
Sepracor’s 2024 Notes and imputed interest expense related to license
agreements that are excluded relate to non-cash interest charges and do
not directly affect Sepracor’s current cash position, such amounts will
eventually be paid by us as principal under the 2024 Notes and relevant
license agreements, as the case may be, and are a necessary element of
its costs and ability to generate profits. Therefore, any measure that
excludes imputed interest expense, interest expense on Sepracor’s 2024
Notes and GAAP income tax expense has material limitations. Sepracor
compensates for these limitations by using the non-GAAP measures that
exclude associated amortization of intangible assets, GAAP income tax
expense, imputed interest expense from discounted future payments under
license agreements and interest expense on its 2024 Notes as only one of
several comparative tools, together with GAAP measurements, to assist in
the evaluation of its profitability and operating results.
Forward-Looking Statement
This news release contains forward-looking statements that involve risks
and uncertainties, including statements with respect to the successful
development and commercialization of Sepracor’s pharmaceutical products
and product candidates; the safety, efficacy, potential benefits,
possible uses and commercial success of Sepracor’s products and product
candidates; clinical results for SEP-225289 being available during the
third quarter of 2009; the possible initiation of a Phase III
registration trial for SEP-227162; the anticipated commercial launch of
LUNESTA with an improved coating in 2010; a new LUNESTA formulation with
the potential for reduced side effects and improved efficacy; OMNARIS
HFA potentially being the first HFA nasal aerosol formulation available
for patients in the U.S for the treatment of allergic rhinitis;
Sepracor’s expected future growth and profitability and the potential
for strong financial performance, EPS momentum and enhanced shareholder
value over time; and 2009 financial guidance with respect to revenue,
non-GAAP EPS and sales, marketing and general administrative expenses,
and research and development expenses. Among the factors that could
cause actual results to differ materially from those indicated by such
forward-looking statements are: Sepracor’s ability to fund, and the
results of, further clinical trials with respect to products under
development; the timing of the results of Sepracor’s clinical trials;
the timing and success of submission, acceptance, and approval of
regulatory filings, including with respect to STEDESA and OMNARIS HFA;
the scope of Sepracor’s trademarks, patents and the patents of others
and the success of challenges by others of Sepracor’s patents; the
clinical benefits and commercial success of Sepracor’s products; changes
in the use and/or label of Sepracor’s products; the outcome of
litigation and regulatory decisions relating to Sepracor’s patents,
products and product candidates; Sepracor’s ability to successfully
implement its corporate restructuring and workforce reduction plan and
reduce expenses; the impact of the workforce reduction on Sepracor’s
business, including a potential adverse impact on revenues and
Sepracor’s corporate development and licensing activities; unanticipated
charges not currently contemplated that may occur as a result of the
reduction in workforce and other anticipated cost-saving initiatives
across the organization; private insurers such as managed care
organizations adopting their own coverage restrictions or demanding
price concessions in response to state, Federal or administrative
action; the ability of Sepracor to attract and retain qualified
personnel; the ability of Sepracor to successfully collaborate with
third parties; the performance of Sepracor’s licensees and other
collaboration partners and its ability to enter into new licenses and
collaborations; the ability of Sepracor to successfully acquire
additional products and/or product candidates; the ability of Sepracor
to develop and successfully commercialize its newly acquired products
and product candidates; the continued ability of Sepracor to meet its
debt obligations when due; and certain other factors that may affect
future operating results, which are detailed in Sepracor’s Annual Report
on Form 10-K for the year ended December 31, 2008 filed with the SEC and
other reports filed with the SEC.
In addition, the statements in this press release represent Sepracor's
expectations and beliefs as of the date of this press release. Sepracor
anticipates that subsequent events and developments may cause these
expectations and beliefs to change. However, while Sepracor may elect to
update these forward-looking statements at some point in the future, it
specifically disclaims any obligation to do so. These forward-looking
statements should not be relied upon as representing Sepracor's
expectations or beliefs as of any date subsequent to the date of this
press release.
Lunesta, Xopenex, Xopenex HFA and Brovana are registered trademarks of
Sepracor Inc. Stedesa is a trademark of BIAL-Portela & Ca,
S.A.. Omnaris and Alvesco are registered trademarks of Nycomed GmbH.
Clarinex is a registered trademark of Schering Corporation. Allegra is a
registered trademark of Merrell Pharmaceuticals. Xusal is a trademark
and Xyzal is a registered trademark of UCB, Societe Anonyme.
In conjunction with this First Quarter 2009 Operating Results press
release, Sepracor will host a conference call and live webcast beginning
at 8:30 a.m. ET on April 30, 2009. To participate via telephone, dial
(612) 326-1003, referring to access code 996447. Please call ten minutes
prior to the scheduled conference call time. For live webcasting, go to
the Sepracor web site at www.sepracor.com
and access the For Investors section. Click on either the live webcast
link or microphone icon to listen. Please go to the web site at least 15
minutes prior to the call in order to register, download, and install
any necessary software. A PDF of the slides will be available in the For
Investors section of the web site as well as in the left-hand navigation
menu of the webcast viewer just prior to the start of the call. A replay
of the call will be accessible by telephone after 12:00 p.m. ET and will
be available for one week. To replay the call, dial (320) 365-3844,
access code 996447. A replay of the web cast will be archived on the
Sepracor web site in the For Investors section.
Condensed, consolidated statements of operations and consolidated
balance sheets and reconciliation of GAAP to non-GAAP measures follow.
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Sepracor Inc.
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Condensed Consolidated Statements of Operations
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(Unaudited)
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(In thousands, except per share amounts)
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March 31,
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2009
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2008
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(Adjusted)
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Revenues:
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Product sales
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$
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306,854
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$
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305,544
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Royalties and license fees
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23,318
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15,235
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Total revenues
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330,172
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320,779
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Cost of revenue (1)
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32,076
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28,076
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Gross margin
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298,096
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292,703
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Operating expenses:
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Research and development
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59,224
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66,229
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Research and development - in process upon acquisition
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-
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39,237
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Selling, general and administrative (1)
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143,429
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178,650
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Amortization of intangible assets
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1,496
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2,265
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Restructuring
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27,536
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(300
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)
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Total operating expenses
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231,685
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286,081
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Income from operations
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66,411
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6,622
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Other income (expense):
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Interest income (1)
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1,881
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8,169
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Interest expense (1)
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(7,951
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)
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(6,696
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)
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Loss on extinguishment of debt
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(490
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)
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-
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Other income (expense), net
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195
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(78
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)
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Total other (expense) income
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(6,365
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)
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1,395
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Equity in investee losses
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(205
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)
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(203
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)
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Income before income taxes
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$
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59,841
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$
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7,814
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Provision for income taxes (1)
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24,664
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696
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Net income
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$
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35,177
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$
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7,118
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Net income per common share - basic
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$
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0.32
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$
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0.07
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Net income per common share - diluted
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$
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0.31
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$
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0.06
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Weighted average shares outstanding - basic (2)
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109,206
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107,770
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Weighted average shares outstanding - diluted (2)
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114,414
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115,710
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(1)
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March 31, 2008 balance includes adjustments resulting from the
retrospective application of FSP 14-1 adopted in Q1 2009 and
adjustments resulting from immaterial error corrections.
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(2)
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March 31, 2008 balance includes adjustments resulting from the
retrospective application of EITF 03-6-1 adopted in Q1 2009.
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Sepracor Inc.
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Non-GAAP Condensed Consolidated Statements of Operations
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(Unaudited)
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(In thousands, except per share amounts)
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March 31,
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2009
|
|
2008
|
|
|
|
|
|
|
|
|
(Adjusted)
|
|
Revenues:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Product sales
|
|
$
|
306,854
|
|
|
$
|
305,544
|
|
|
Royalties and license fees
|
|
23,318
|
|
|
|
15,235
|
|
|
Total revenues
|
|
|
330,172
|
|
|
|
320,779
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Cost of revenue (1)
|
|
|
30,034
|
|
|
|
28,076
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Gross margin
|
|
|
300,138
|
|
|
|
292,703
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Operating expenses:
|
|
|
|
|
|
|
|
|
|
Research and development
|
|
59,224
|
|
|
|
56,229
|
|
|
Selling, general and administrative (1)
|
|
143,429
|
|
|
|
178,650
|
|
|
Amortization of intangible assets
|
|
31
|
|
|
|
34
|
|
|
Total operating expenses
|
|
202,684
|
|
|
|
234,913
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Income from operations
|
|
97,454
|
|
|
|
57,790
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Other income (expense):
|
|
|
|
|
|
|
|
|
Interest income (1)
|
|
|
1,881
|
|
|
|
8,169
|
|
|
Interest expense
|
|
|
(53
|
)
|
|
|
(55
|
)
|
|
Other income (expense), net
|
|
195
|
|
|
|
(78
|
)
|
|
Total other income
|
|
2,023
|
|
|
|
8,036
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Equity in investee losses
|
|
(205
|
)
|
|
|
(203
|
)
|
|
|
|
|
|
|
|
|
|
|
|
|
Income before income taxes
|
$
|
99,272
|
|
|
$
|
65,623
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Provision for income taxes (1)
|
|
2,481
|
|
|
|
3,137
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net income
|
|
$
|
96,791
|
|
|
$
|
62,486
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net income per common share - basic
|
$
|
0.89
|
|
|
$
|
0.58
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net income per common share - diluted
|
$
|
0.85
|
|
|
$
|
0.54
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Weighted average shares outstanding - basic (2)
|
|
109,206
|
|
|
|
107,770
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Weighted average shares outstanding - diluted (2)
|
|
114,414
|
|
|
|
115,710
|
|
|
(1)
|
|
March 31, 2008 balance includes adjustments resulting from
immaterial error corrections.
|
|
|
|
|
|
(2)
|
|
March 31, 2008 amount includes adjustments resulting from the
retrospective application of EITF 03-6-1 adopted in Q1 2009.
|
|
Sepracor Inc.
|
|
Reconciliation of GAAP to non-GAAP Measures
|
|
(Unaudited)
|
|
|
|
|
|
|
|
|
|
|
|
|
(In thousands, except per share amounts)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Three months ended March 31, 2009
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
EPS
|
|
Non-GAAP net income
|
$
|
96,791
|
|
|
|
|
|
|
Non-GAAP diluted income per common share
|
|
|
|
|
|
0.85
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Special Items:
|
|
|
|
|
|
|
|
|
|
Loss on extinguishment of debt
|
|
(490
|
)
|
|
|
-
|
|
|
Restructuring
|
|
|
(27,536
|
)
|
|
|
(0.24
|
)
|
|
|
|
|
|
|
|
|
|
|
|
|
Recurring non-GAAP adjustment:
|
|
|
|
|
|
|
|
|
Cost of goods sold - amortization of intangible assets
|
|
(2,042
|
)
|
|
|
(0.02
|
)
|
|
Amortization of intangible assets
|
|
(1,465
|
)
|
|
|
(0.01
|
)
|
|
Imputed interest on acquired intangible assets
|
|
(3,099
|
)
|
|
|
(0.03
|
)
|
|
Interest expense related to FASB Staff Position APB 14-1
|
|
(4,799
|
)
|
|
|
(0.05
|
)
|
|
|
|
|
|
|
|
|
|
|
|
|
Total special items and recurring non-GAAP adjustment before income
taxes
|
|
(39,431
|
)
|
|
|
(0.35
|
)
|
|
|
|
|
|
|
|
|
|
|
|
|
Adjustment for non-GAAP cash provision for income taxes (1)
|
|
(22,183
|
)
|
|
|
(0.19
|
)
|
|
Net income, as reported under GAAP
|
$
|
35,177
|
|
|
|
|
|
|
Diluted income per common share, as reported under GAAP
|
|
|
|
|
$
|
0.31
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Three months ended March 31, 2008
|
|
|
|
|
(Adjusted)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
EPS
|
|
Non-GAAP net income
|
|
$
|
62,486
|
|
|
|
|
|
|
Non-GAAP diluted income per common share
|
|
|
|
|
$
|
0.54
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Special Items:
|
|
|
|
|
|
|
|
|
|
Research and development milestone payment
|
|
(10,000
|
)
|
|
|
(0.08
|
)
|
|
Research and development - in process upon acquisition
|
|
(39,237
|
)
|
|
|
(0.34
|
)
|
|
Restructuring
|
|
|
300
|
|
|
|
-
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Recurring non-GAAP adjustment:
|
|
|
|
|
|
|
|
|
Amortization of intangible assets
|
|
(2,231
|
)
|
|
|
(0.02
|
)
|
|
Interest expense related to FASB Staff Position APB 14-1 (2)
|
|
(6,641
|
)
|
|
|
(0.06
|
)
|
|
|
|
|
|
|
|
|
|
|
|
|
Total special items and recurring non-GAAP adjustment before income
taxes
|
|
(57,809
|
)
|
|
|
(0.50
|
)
|
|
|
|
|
|
|
|
|
|
|
|
|
Adjustment for non-GAAP cash provision for income taxes
|
|
2,441
|
|
|
|
0.02
|
|
|
Net income, as reported under GAAP
|
$
|
7,118
|
|
|
|
|
|
|
Diluted income per common share, as reported under GAAP
|
|
|
|
|
$
|
0.06
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Weighted average shares outstanding - diluted 2009
|
|
114,414
|
|
|
|
|
|
|
Weighted average shares outstanding - diluted 2008 (3)
|
|
115,710
|
|
|
|
|
|
|
(1)
|
|
For the three months ended March 1, 2009, Sepracor utilized a GAAP
effective tax rate of 41%. However, Sepracor is currently utilizing
its net operating loss carryforwards, subject to certain
restrictions, to offset its taxable income, which results in an
estimated annual effective cash-basis tax rate of approximately
2.5%. Sepracor anticipates that this reduced tax rate will be
utilized for all of 2009. Therefore, in the reconciliation of GAAP
to non-GAAP measures, Sepracor has adjusted its GAAP income tax
expense for the three months ended March 31, 2009 to reflect its
estimated annual effective cash-basis tax rate of approximately 2.5%.
|
|
|
|
|
|
(2)
|
|
Interest expense associated with our 2024 0% debentures under the
retrospective application of FSP 14-1 adopted in Q1 2009.
|
|
|
|
|
|
(3)
|
|
March 31, 2008 amount includes adjustments resulting from the
retrospective application of EITF 03-6-1 adopted in Q1 2009.
|
|
Sepracor Inc.
|
|
Condensed Consolidated Balance Sheets
|
|
(Unaudited)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(In thousands)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
March 31, 2009
|
|
December 31,2008
|
|
ASSETS
|
|
|
|
|
|
|
|
|
|
(Adjusted)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Cash, short- and long-term investments
|
|
|
|
$
|
729,001
|
|
$
|
765,830
|
|
Accounts receivable, net
|
|
|
|
|
|
|
159,797
|
|
|
177,457
|
|
Inventory, net
|
|
|
|
|
|
|
|
62,811
|
|
|
69,003
|
|
Property, plant and equipment, net (1)
|
|
|
|
|
122,217
|
|
|
117,874
|
|
Investment in affiliate
|
|
|
|
|
|
|
2,704
|
|
|
2,873
|
|
Goodwill and intangibles, net
|
|
|
|
|
|
170,318
|
|
|
174,834
|
|
Deferred taxes, net (1)
|
|
|
|
|
|
|
440,850
|
|
|
464,119
|
|
Other assets (1)
|
|
|
|
|
|
|
39,932
|
|
|
35,334
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total assets
|
|
|
|
|
|
$
|
1,727,630
|
|
$
|
1,807,324
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
LIABILITIES AND STOCKHOLDERS' EQUITY
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Accounts payable and accrued expenses (1)
|
|
|
|
$
|
135,674
|
|
$
|
159,281
|
|
Deferred taxes
|
|
|
|
|
|
|
|
4,625
|
|
|
5,577
|
|
Other liabilities
|
|
|
|
|
|
|
|
435,794
|
|
|
402,400
|
|
Debt payable
|
|
|
|
|
|
|
|
770
|
|
|
1,468
|
|
Convertible subordinated debt (1)
|
|
|
|
|
|
380,098
|
|
|
513,959
|
|
Total stockholders' equity (1)
|
|
|
|
|
|
770,669
|
|
|
724,639
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total liabilities and stockholders' equity
|
|
|
|
$
|
1,727,630
|
|
$
|
1,807,324
|
|
(1)
|
|
December 31, 2008 balance includes adjustments resulting from the
retrospective application of FSP 14-1 adopted in Q1 2009 and
adjustments resulting from immaterial error corrections.
|
|
Sepracor Inc.
|
|
Reconciliation of GAAP to non-GAAP Guidance Measures
|
|
(Unaudited)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(In thousands, except per share amounts)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Twelve months ended
|
|
|
|
|
|
December 31, 2009
|
|
|
|
|
|
|
|
|
|
|
EPS - Low
|
|
EPS - High
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Guidance non-GAAP diluted income per common share 2009
|
|
|
|
|
|
|
$
|
2.10
|
|
|
$
|
2.70
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Special Items:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Research and development milestone payment(1)
|
|
|
(20,000
|
)
|
|
|
|
(0.17
|
)
|
|
|
(0.17
|
)
|
|
Arrow royalty buyout
|
|
|
(61,400
|
)
|
|
|
|
(0.53
|
)
|
|
|
(0.53
|
)
|
|
Loss on extinguishment of debt
|
|
|
(490
|
)
|
|
|
|
(0.00
|
)
|
|
|
(0.00
|
)
|
|
GSK accelerated deferred revenue recognition
|
|
|
17,000
|
|
|
|
|
0.15
|
|
|
|
0.15
|
|
|
Q1 restructuring
|
|
|
|
(27,500
|
)
|
|
|
|
(0.24
|
)
|
|
|
(0.24
|
)
|
|
Q2 restructuring
|
|
|
|
(6,000
|
)
|
|
|
|
(0.05
|
)
|
|
|
(0.05
|
)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Recurring non-GAAP adjustment:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Cost of goods sold - amortization of intangible assets
|
|
|
(8,200
|
)
|
|
|
|
(0.07
|
)
|
|
|
(0.07
|
)
|
|
Amortization of intangible assets
|
|
|
(5,900
|
)
|
|
|
|
(0.05
|
)
|
|
|
(0.05
|
)
|
|
Imputed interest on acquired intangible assets
|
|
|
(12,200
|
)
|
|
|
|
(0.11
|
)
|
|
|
(0.11
|
)
|
|
Interest expense related to FASB Staff Position APB 14-1
|
|
|
(11,700
|
)
|
|
|
|
(0.10
|
)
|
|
|
(0.10
|
)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total special items and recurring non-GAAP adjustment before income
taxes
|
|
$
|
(136,390
|
)
|
|
|
|
(1.17
|
)
|
|
|
(1.17
|
)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Adjustment for non-GAAP cash provision for income taxes (2)
|
|
(42,000
|
) - (67,000)
|
|
|
|
|
(0.36
|
)
|
|
|
(0.58
|
)
|
|
Guidance diluted income per common share 2009, under GAAP
|
|
|
|
|
|
|
$
|
0.57
|
|
|
$
|
0.95
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Weighted average shares outstanding - diluted 2009
|
|
|
116,000
|
|
|
|
|
|
|
|
|
|
|
|
(1)
|
|
2009 GAAP research and development expenses are projected to be
approximately $230.0 million as compared to Non-GAAP research and
development expenses of approximately $210.0 million. The
difference is an anticipated $20.0 million milestone payment that
is likely to be made during 2009.
|
|
|
|
|
|
(2)
|
|
In 2009, Sepracor expects to utilize its net operating loss
carryforwards, subject to certain restrictions, to offset its
taxable income, which results in an estimated annual effective
cash-basis tax rate of approximately 2.5%. Sepracor anticipates that
this reduced tax rate will be utilized for all of 2009. Therefore,
in the reconciliation of GAAP to non-GAAP guidance measures,
Sepracor has adjusted its GAAP income tax expense in 2009 to reflect
its estimated annual effective cash-basis tax rate of approximately
2.5%.
|
Source: Sepracor Inc.
Sepracor Inc. Jonaé R. Barnes, 508-481-6700 Sr. Vice
President, Investor Relations and Corporate Communications
|
 |
| "Safe Harbor" Statement under the Private Securities Litigation Reform Act of 1995: Statements in this press release regarding Sepracor Inc.'s business which are not historical facts are "forward-looking statements" that involve risks and uncertainties. For a discussion of such risks and uncertainties, which could cause actual results to differ from those contained in the forward-looking statements, see "Risk Factors" in the Company's Annual Report or Form 10-K for the most recently ended fiscal year. |
| |