Akorn, Inc. (NASDAQ: AKRX) today announced that EJ Funds has purchased
all of General Electric Capital Corporation’s rights as the lender under
Akorn’s Credit Agreement with GE Capital. As of March 31, 2009, the
effective date of the purchase, Akorn owed approximately $5.5 million
under the Credit Agreement. EJ Funds is affiliated with EJ Financial
Enterprises, Inc., whose President is Dr. John N. Kapoor, Akorn’s
Chairman and largest shareholder.
Akorn expects to issue stock warrants to EJ Funds totaling approximately
1.65 million Akorn common shares in connection with this loan purchase.
Also, although EJ Funds is not required to loan additional funds to
Akorn, were it to do so, EJ Funds would receive additional stock
warrants.
Additionally, on March 27, 2009 Akorn entered into a letter agreement
with the Massachusetts Biological Laboratories of the University of
Massachusetts (MBL), which amends Akorn’s 2007 Distribution Agreement
with MBL for Td vaccines. Under the letter agreement, Akorn will no
longer be an exclusive distributor of Td vaccines. Akorn will, however,
continue to be an authorized Td distributor for MBL and will be offered
MBL’s most favorable pricing. After a letter of credit is provided,
Akorn will no longer be required to make minimum purchases of Td
vaccines. Additional information regarding this transaction can be found
in Akorn’s Form 10-K filed with the Securities and Exchange Commission
on March 30, 2009.
Jeffrey A. Whitnell, Akorn’s Chief Financial Officer and Interim Chief
Executive Officer stated, “Both of these transactions represent positive
events for Akorn. We believe the credit facility purchase will provide
Akorn with the flexibility to access additional capital resources and
address our liquidity issue, as we continue to evaluate our various
business segments and working capital needs.” Mr. Whitnell further
added, “The amended agreement with MBL will ease our working capital
requirements.”
Frequently Asked Questions:
1. Is the Company going to host a conference call to discuss
2008 results or issue financial guidance for 2009?
At this time, the Company does not anticipate hosting a conference
call to discuss 2008 results. The company intends to
resume quarterly conference calls once a permanent CEO has been
announced. Traditionally, Akorn has not provided financial
guidance and has no current plans to do so.
2. When does the Company expect to announce the hiring of a
new CEO?
A Special Committee consisting of three Board members is in the
process of hiring a permanent CEO. In the meanwhile, Jeff
Whitnell, the Company’s Chief Financial Officer, has assumed the role of
Interim CEO. Raj Rai, a Strategic Consultant to the Company, will
continue to support the Special Committee as well as Jeff in his new
role.
3. Do you have sufficient working capital to manage Company
operations this year?
We have received an audit opinion that expresses doubt about our
ability to continue as a going concern, due to our lack of liquidity,
limited capital resources, continued losses and accumulated debt. However,
given the purchase of our Credit Facility by EJ Funds, we expect to have
the flexibility to access additional capital resources beyond our
present borrowing level of $5.5 million. The Credit Facility with
EJ Funds also provides the company with the opportunity to evaluate all
of its business segments and to work towards a positive resolution of
its working capital needs.
4. What is the current status of the Company’s operations?
The core business of the Company, consisting of ophthalmic, hospital
drugs and injectables, and contract services is stable. In light
of the amended agreement with MBL for Td vaccines, the Company is
evaluating the infrastructure and the associated operating costs for
this business segment.
5. What is the status of new product introductions?
The Company is evaluating several incremental revenue generating
opportunities, including the re-launch of Akten™ that includes a trial
sampling program. Our Oral Vancomycin ANDA is pending approval
from the FDA. Additionally, our joint venture with Strides
Arcolab will be launching Vancomycin Injection in Q2’09.
About Akorn, Inc.
Akorn, Inc. manufactures and markets sterile specialty pharmaceuticals.
Akorn has manufacturing facilities located in Decatur, Illinois and
Somerset, New Jersey and markets and distributes an extensive line of
hospital and ophthalmic pharmaceuticals. Additional information is
available at the Company’s website at www.akorn.com.
Materials in this press release may contain information that includes or
is based upon forward-looking statements within the meaning of the
Securities Litigation Reform Act of 1995. Forward-looking statements
give our expectations or forecasts of future events. You can identify
these statements by the fact that they do not relate strictly to
historical or current facts. They use words such as "anticipate,"
"estimate," "expect," "project," "intend," "plan," "believe," and other
words and terms of similar meaning in connection with a discussion of
future operating or financial performance. In particular, these include
statements relating to future steps we may take, prospective products,
future performance or results of current and anticipated products, sales
efforts, expenses, the outcome of contingencies such as legal
proceedings, and financial results.
Any or all of our forward-looking statements here or in other
publications may turn out to be wrong. They can be affected by
inaccurate assumptions or by known or unknown risks and uncertainties.
Many such factors will be important in determining our actual future
results. Consequently, no forward-looking statement can be guaranteed.
Our actual results may vary materially, and there are not guarantees
about the performance of our stock.
Any forward-looking statements represent our expectations or forecasts
only as of the date they were made and should not be relied upon as
representing our expectations or forecasts as of any subsequent date. We
undertake no obligation to correct or update any forward-looking
statements, whether as a result of new information, future events or
otherwise, even if our expectations or forecasts change. You are
advised, however, to consult any further disclosures we make on related
subjects in our reports filed with the SEC. In particular, you should
read the discussion in the section entitled "Cautionary Statement
Regarding Forward-Looking Statements" in our most recent Annual Report
on Form 10-K, as it may be updated in subsequent reports filed with the
SEC. That discussion covers certain risks, uncertainties and possibly
inaccurate assumptions that could cause our actual results to differ
materially from expected and historical results. Other factors besides
those listed there could also adversely affect our results.
Akorn, Inc.
Jeffrey A. Whitnell
Chief Financial Officer &
Interim
Chief Executive Officer
(847) 279-6100