Conference call scheduled for Thursday, March 26 at 8:30 AM ET
Oscient Pharmaceuticals Corporation (Nasdaq: OSCI) today reported
financial results for the fourth quarter and fiscal year ended December
31, 2008. Total revenues for the fourth quarter of 2008 were $26.4
million, compared to $25.3 million in the fourth quarter of 2007.
Revenue from the cardiovascular drug ANTARA® (fenofibrate)
capsules increased to $21.2 million in the fourth quarter of 2008, from
$19.3 million in the fourth quarter of 2007. Revenues from the
antibiotic FACTIVE® (gemifloxacin mesylate) tablets decreased
to $5.2 million in the fourth quarter of 2008, from $5.9 million in the
fourth quarter of 2007.
For the fourth quarter ended December 31, 2008, the Company reported a
net loss of ($11,526,000), or ($0.50) per basic and diluted share.
Comparatively, the Company reported a net loss of ($14,672,000), or
($1.08) per basic and diluted share, for the fourth quarter ended
December 31, 2007. For the fourth quarter of 2008, the Company reported
a net loss from operations of ($50,905,000), which includes a
$50,759,000 one-time, non-cash impairment charge on FACTIVE intangible
assets, compared to a ($5,854,000) net loss from operations in the
fourth quarter of 2007.
“In recent weeks, we have commenced a process of reaching out to
potential strategic partners to explore alternatives for our Company,
including the potential sale of the Company,” stated Steven M. Rauscher,
President and CEO. “Our business focus is on cash preservation,
sustaining revenues of our existing portfolio, and best positioning the
Company for the strategic review of alternatives being directed by our
advisors at Broadpoint Capital.”
Selling and marketing expenses were $14.9 million in the fourth quarter
of 2008, compared to $16.8 million in the fourth quarter of 2007.
General and administrative expenses for the fourth quarter of 2008
totaled $2.7 million, compared to $4.7 million in the fourth quarter of
2007. Fourth quarter 2008 results included $10.0 million in net non-cash
charges, primarily reflecting several one-time items including a
non-cash expense of $50.8 million related to the impairment charge on
FACTIVE intangible assets, as well as non-cash gains of $35.4 million
related to the exchange of the Company’s convertible notes and $10.3
million related to gains on derivatives. Net non-cash charges in the
fourth quarter of 2007 totaled $6.6 million.
During the quarter ended December 31, 2008, the Company’s cash position
decreased by approximately $11.8 million to approximately $17.2 million
in total cash, cash equivalents and restricted cash, nearly $5 million
of which was related to the legal and banking fees associated with the
Company’s convertible debt exchange in November. Through the convertible
debt exchange, the principal of the Company’s overall indebtedness was
reduced by more than $125 million.
For the twelve months ended December 31, 2008, the Company reported
total revenues of $86.8 million, reflecting ANTARA revenues of $70.3
million and FACTIVE revenues of $16.5 million. This compares to total
revenues of $80.0 million in 2007, including ANTARA revenues of $58.6
million and FACTIVE revenues of $21.4 million. The Company reported a
net loss of ($64,755,000), or ($4.03) per basic and diluted share, for
2008. The Company reported a net loss of ($29,853,000), or ($2.19) per
basic and diluted share, for 2007. The 2008 results include net non-cash
charges of approximately $28.1 million; this compares to $12.7 million
in net non-cash gain included in the 2007 results.
Market Performance
-
ANTARA prescription performance: During the fourth quarter of 2008,
based on Wolters Kluwer Health monthly prescription data,
approximately 181,700 total prescriptions for ANTARA were filled,
representing a 19% increase compared to the fourth quarter of 2007.
-
FACTIVE prescription performance: Based on Wolters Kluwer Health
monthly prescription data, during the fourth quarter of 2008, nearly
61,600 prescriptions for FACTIVE were dispensed, representing a 3%
decrease from the fourth quarter of 2007. These results may reflect a
decline in the branded fluoroquinolone market of 9% in the fourth
quarter of 2008 versus the fourth quarter of 2007 and the Company’s
promotional focus on ANTARA.
On February 11, 2009, the Company announced a restructuring of its
commercial organization to more aggressively preserve the Company's
financial resources. Additionally, Oscient announced at that time the
engagement of an investment bank to advise the Company on strategic
options, including the potential sale of the Company. Today, Oscient has
approximately 213 employees, including 168 field-based employees across
the country.
On March 25, 2009, the Company filed with the SEC, an Annual Report on
Form 10-K, in which the Company’s auditors included a "going concern"
explanatory paragraph in their audit opinion. The Company intends to
seek to raise additional capital and refinance its existing debt. Based
on multiple factors including market conditions and the going-concern
designation, the Company may not be able to obtain adequate financing.
About Oscient Pharmaceuticals
Oscient Pharmaceuticals Corporation is a commercial-stage pharmaceutical
company marketing two FDA-approved products in the United States: ANTARA®
(fenofibrate) capsules, a cardiovascular product and FACTIVE®
(gemifloxacin mesylate) tablets, a fluoroquinolone antibiotic. ANTARA is
indicated for the adjunct treatment of hypercholesterolemia (high blood
cholesterol) and hypertriglyceridemia (high triglycerides) in
combination with diet. FACTIVE is approved for the treatment of acute
bacterial exacerbations of chronic bronchitis and community-acquired
pneumonia of mild to moderate severity. Oscient promotes ANTARA and
FACTIVE through a national sales force calling on primary care
physicians, cardiologists, endocrinologists and pulmonologists.
For important information regarding the safety and use of ANTARA and
FACTIVE, please see the full prescribing information available at www.antararx.com
and www.factive.com.
Forward-Looking Statement
This news release contains forward-looking statements made pursuant
to the safe harbor provisions of the Private Securities Litigation
Reform Act of 1995, including statements with regard to (i) the
Company’s plan to focus its business efforts on the preservation of its
financial resources, sustaining its revenue, exploring strategic
alternatives for the Company and improving its position as a potential
acquisition candidate, (ii) the Company’s intent to raise additional
funds and refinance its existing debt, (iii) the Company’s ability to
continue to meet its obligations for 2009 and continue operations as a
going concern, (iv) the availability and length of a FDA stay of
approval of the ANDA referencing ANTARA and the timing of FDA approval
of the generic drug product which is the subject of that ANDA, (v) the
discount and rebate programs for ANTARA and FACTIVE, (vi) the possible
partnering or other strategic opportunities for the continued
development of Ramoplanin, (vii) the Company’s plans to work with the
FDA to implement any necessary changes to the FACTIVE labeling and the
potential marketing approval of FACTIVE in Europe, and (viii) the
possibility of acquiring a third product and other statements relating
to the progress and timing of product development and licensing or
financing initiatives. Forward-looking statements represent our
management’s judgment regarding future events. Forward-looking
statements typically are identified by use of terms such as “may,”
“will,” “should,” “plan,” “expect,” “intend,” “anticipate,” “estimate,”
and similar words, although some forward-looking statements are
expressed differently. We do not plan to update these forward-looking
statements. You should be aware that our actual results could differ
materially from those contained in the forward-looking statements due to
a number of risks affecting our business. These risks include, but are
not limited to (a) our ability to maintain the listing of our common
stock on The NASDAQ Global Market and the acceleration of existing debt
as a result of our inability to maintain our common stock listing on a
U.S. national securities exchange or approved for listing on a U.S.
system of automated dissemination of quotations; (b) the likelihood that
we may have to further scale back operations, take other measures to
significantly reduce our expenses and/or seek bankruptcy protection in
the event that we cannot raise additional funds and refinance our
maturing and existing debt in light of our existing capital structure,
the inclusion of a going concern explanatory paragraph in our auditor’s
opinion for the year ended December 31, 2008 and the current credit
market turmoil; (c) the delay in or inability to obtain additional
regulatory approvals of our products and product candidates due to
negative, inconclusive or insufficient results in ongoing or future
clinical trials, the FDA or EMEA requiring additional information or
data, delays in the progress of ongoing clinical trials, safety concerns
arising with respect to our products or product candidates and disputes
with the third parties from whom we license our products or product
candidates; (d) our ability to successfully commercialize and
market ANTARA or FACTIVE due to: the limitations on our resources and
experience in the commercialization of products; the restructuring and
substantial reduction in the size of our commercial organization; the
lack of acceptance by physicians, patients and third party payors;
unanticipated safety, product liability, efficacy, or other regulatory
issues; delays in recruiting and training sales personnel; problems
relating to manufacturing or supply; delays in the supply of products by
the third party manufacturers and suppliers on which we rely; inadequate
distribution of the products by wholesalers, pharmacies, hospitals and
other customers; and competition from other products; and (e) our
ability to defend our intellectual property position for ANTARA and
FACTIVE and claims against us by third parties. Additional factors that
could cause actual results to differ materially from those projected or
suggested in any forward-looking statements are described under the
heading “Risk Factors” in the Company’s Annual Report on Form 10-K for
the fiscal year ending December 31, 2008 and in other filings that we
may make with the Securities and Exchange Commission from time to time.
Conference Call & Webcast Information
A conference call will be held Thursday, March 26, 2009 at 8:30 AM ET with
members of the management team. Participants can access the call by
dialing 1-800-531-3039. International participants are asked to
dial 1-847-413-4850. The conference ID number is 24136968. The
call will also be available via webcast on the Company’s website at www.oscient.com.
A replay will be available one hour after the conclusion of the call
through April 2, 2009. Domestic participants can access the replay by
dialing 1-888-843-8996, while international participants are asked to
dial 1-630-652-3044. A replay of the webcast will also be available
on the Company’s website.
- tables follow -
|
OSCIENT PHARMACEUTICALS CORPORATION
CONSOLIDATED STATEMENTS OF OPERATIONS
(in thousands, except share and per share amounts) (unaudited)
|
|
|
|
|
|
|
|
|
|
Three Months Ended
|
|
Year Ended
|
|
|
|
Dec. 31, 2008
|
|
Dec. 31, 2007
|
|
Dec. 31, 2008
|
|
Dec. 31, 2007
|
|
Revenues:
|
|
|
|
|
|
|
|
|
|
Product revenue, net
|
|
$
|
26,168
|
|
|
$
|
25,196
|
|
|
$
|
86,325
|
|
|
$
|
78,458
|
|
|
Other revenue
|
|
|
242
|
|
|
|
92
|
|
|
|
523
|
|
|
|
1,511
|
|
|
Total revenues
|
|
|
26,410
|
|
|
|
25,288
|
|
|
|
86,848
|
|
|
|
79,969
|
|
|
|
|
|
|
|
|
|
|
|
|
Costs and expenses:
|
|
|
|
|
|
|
|
|
|
Cost of product revenue
|
|
|
8,567
|
|
|
|
7,995
|
|
|
|
29,013
|
|
|
|
31,269
|
|
|
Research and development
|
|
|
331
|
|
|
|
1,573
|
|
|
|
2,875
|
|
|
|
5,845
|
|
|
Selling and marketing
|
|
|
14,945
|
|
|
|
16,842
|
|
|
|
71,150
|
|
|
|
66,278
|
|
|
General and administrative
|
|
|
2,713
|
|
|
|
4,732
|
|
|
|
13,413
|
|
|
|
14,573
|
|
|
Impairment of intangible assets
|
|
|
50,759
|
|
|
|
-
|
|
|
|
50,759
|
|
|
|
-
|
|
|
Total costs and expenses
|
|
|
77,315
|
|
|
|
31,142
|
|
|
|
167,210
|
|
|
|
117,965
|
|
|
Loss from operations
|
|
|
(50,905
|
)
|
|
|
(5,854
|
)
|
|
|
(80,362
|
)
|
|
|
(37,996
|
)
|
|
|
|
|
|
|
|
|
|
|
|
Other income (expense):
|
|
|
|
|
|
|
|
|
|
Interest income
|
|
|
36
|
|
|
|
559
|
|
|
|
650
|
|
|
|
2,541
|
|
|
Interest expense
|
|
|
(6,234
|
)
|
|
|
(9,540
|
)
|
|
|
(30,882
|
)
|
|
|
(28,206
|
)
|
|
Gain on exchange of convertible notes
|
|
|
35,357
|
|
|
|
-
|
|
|
|
35,357
|
|
|
|
30,824
|
|
|
Gain on derivative
|
|
|
10,329
|
|
|
|
223
|
|
|
|
10,480
|
|
|
|
3,023
|
|
|
Gain on disposition of investment
|
|
|
-
|
|
|
|
-
|
|
|
|
413
|
|
|
|
231
|
|
|
Other income
|
|
|
(4
|
)
|
|
|
2
|
|
|
|
9
|
|
|
|
114
|
|
|
Net other income (expense)
|
|
|
39,484
|
|
|
|
(8,756
|
)
|
|
|
16,027
|
|
|
|
8,527
|
|
|
|
|
|
|
|
|
|
|
|
|
Net loss before income tax
|
|
|
(11,421
|
)
|
|
|
(14,610
|
)
|
|
|
(64,335
|
)
|
|
|
(29,469
|
)
|
|
|
|
|
|
|
|
|
|
|
|
Provision for income tax
|
|
|
(105
|
)
|
|
|
(62
|
)
|
|
|
(420
|
)
|
|
|
(384
|
)
|
|
|
|
|
|
|
|
|
|
|
|
Net loss
|
|
$
|
(11,526
|
)
|
|
$
|
(14,672
|
)
|
|
$
|
(64,755
|
)
|
|
$
|
(29,853
|
)
|
|
|
|
|
|
|
|
|
|
|
|
Net loss per common share – basic/diluted
|
|
$
|
(0.50
|
)
|
|
$
|
(1.08
|
)
|
|
$
|
(4.03
|
)
|
|
$
|
(2.19
|
)
|
|
Weighted average shares outstanding – basic/diluted
|
|
|
22,824,552
|
|
|
|
13,628,843
|
|
|
|
16,050,707
|
|
|
|
13,600,787
|
|
|
|
|
|
|
|
|
SELECTED BALANCE SHEET DATA
(in thousands) (audited)
|
|
|
|
|
|
|
|
|
|
Dec. 31, 2008
|
|
Dec. 31, 2007
|
|
Cash, cash equivalents and restricted cash*
|
|
$
|
17,193
|
|
|
$
|
52,466
|
|
|
Total assets
|
|
|
174,033
|
|
|
|
274,184
|
|
|
Deferred revenues
|
|
|
3,926
|
|
|
|
637
|
|
|
Total liabilities
|
|
|
255,217
|
|
|
|
302,899
|
|
|
Shareholders’ deficit
|
|
|
(81,184
|
)
|
|
|
(28,715
|
)
|
*Includes restricted cash at 12/31/08 of approximately $4.6 million,
which relates to real estate obligations
Oscient Pharmaceuticals:
Christopher Taylor, 781-398-2466
Vice
President
Investor Relations