Earnings Release • Feb 18, 2010
Earnings Release
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Leiden, The Netherlands, February 18, 2010. Biotech company Pharming Group NV ("Pharming" or "the Company") (NYSE Euronext: PHARM) announced today its preliminary results for the year ended December 31, 2009.
"2009 was a challenging year for Pharming in which we have made significant progress on a number of fronts, for example by clearing the vast majority of our convertible debt and in creating a decent financial platform through a SEDA with YA Global and a short-term convertible debt financing of €7.5 million (secured just after year end 2009) from which we are confident we can continue to bring Rhucin through a successful regulatory review process," said Dr. Sijmen de Vries, Chief Executive Officer of Pharming. "2010 is set to be a transformational year for Pharming as we remain confident in securing European approval for Rhucin and remain on track for BLA filing in the USA. We are also in discussions with a number of parties for commercialisation of Rhucin rights in major world markets and we anticipate the conclusion of commercial partnerships and additional financing in the first half of this year."
| Key financial data (in €million, except per share data) (unaudited) | |||
|---|---|---|---|
| Year ended December 31, 2009 |
Year ended December 31, 2008 |
|
|---|---|---|
| Statement of financial position: | ||
| Non-current assets (excluding restricted cash) | 27.1 | 31.0 |
| Cash and marketable securities, net of bank overdrafts (*) | 2.3 | 23.5 |
| Other current assets | 12.6 | 12.6 |
| Total assets | 42.0 | 67.1 |
| Convertible bonds | 9.5 | 35.7 |
| Other liabilities | 19.2 | 18.9 |
| Total equity | 13.3 | 12.5 |
| Statement of income: | ||
| Grants and other income | 1.1 | 0.7 |
| Operational costs | (29.0) | (30.1) |
| Financial and other income and expenses | (4.2) | 3.2 |
| Net loss | (32.1) | (26.2) |
| Statement of cash flows: | ||
| Net cash used in operating activities | (24.3) | (21.9) |
| Net cash from/(used in) investment activities | 4.2 | (0.8) |
| Net cash from/(used in) financing activities | 2.5 | (18.8) |
| Share data: | ||
| Outstanding shares at the end of the year | 154,501,037 | 97,429,854 |
| Weighted average shares outstanding in the year | 116,177,686 | 91,657,617 |
| Basic and diluted net loss per share (€) | (0.28) | (0.29) |
In 2009, the Company entered into several equity transactions and convertible bond settlements.
In April 2009, Pharming signed into a €20.0 million Standby Equity Distribution Agreement with YA Global. Under the terms of the April agreement, YA Global can invest a total of up to €20.0 million in a three year period. Pharming has the right, but not the obligation, to call the funds in regular tranches. In the second quarter of 2009, the Company started using the SEDA and called a total amount of €2.8 million in cash in exchange for the issuance of approximately 4.6 million Pharming shares, followed by another €3.8 million in cash in the second quarter in exchange for another 7.3 million shares issued.
On October 5, 2009, YA Global and Pharming announced that the original agreement has been extended with another €10.0 million, so the total facility amounts to €30.0 million of which €23.4 million is available as per today. At closing of the agreement in April, Pharming issued a one-off payment of 0.8 million commitment shares with another 0.4 million commitment shares paid upon extension of the agreement.
In the first half of 2009, Pharming entered into various agreements with several holders of bonds issued in 2007. Under these agreements, the Company successfully cancelled a total outstanding amount of €14.1 million nominal bonds in exchange for €1.0 million cash and issuance of 9.5 million shares. Subsequently, in October 2009 the Company successfully completed a public offer under which remaining bondholders were invited to exchange bonds (nominal value of €50,000 each) into cash and shares (€7,500 cash and 59,000 shares per bond). In total, bonds with a nominal value of €24.9 million (70% of €35.8 million bonds outstanding prior to the offer) were offered for conversion and subsequently the Company paid €3.7 million in cash and issued 29.3 million shares. The cash portion of the offer was, in addition to the SEDA with YA Global, funded by other investors through issuance of 5.1 million shares for total cash proceeds of €2.6 million.
Following these transactions, the outstanding nominal value of bonds was reduced from €49.9 million at year end 2008 to €10.9 million at December 31, 2009. As a result, annual interest payments of €4.8 million in 2008 were reduced by €2.9 million to €1.9 million in 2009 with a further decrease of €1.1 million to less than €0.8 million anticipated for 2010.
In 2009, the Company's income increased from €0.7 million to €1.1 million. The increase stems from €0.3 million license fee income (2008: nil) and increased grant income (from €0.6 million in 2008 to €0.8 million in 2009) triggered by higher costs eligible for grants and improved facilities on grant programs by the Dutch government.
Operational costs decreased from €30.1 million in 2008 to €28.9 million in 2009. The €1.2 million decrease among others reflects €4.0 million lower non-cash impairment charges offset with a €2.4 million increase of research and development costs and a €0.3 million increase of general and administrative costs. Impairment charges in 2008 amounted to €4.2 million in relation to inventories (€1.3 million), goodwill (€1.1 million), ProBio assets (€1.0 million), manufacturing equipment (€0.7 million) and other items (€01. million); for 2009, total impairment charges of €0.2 million follow from the Company's review of recoverability of ProBio's assets. Costs of research and development increased from €22.1 million to €24.5 million, reflecting Pharming's submission of a Marketing Authorization Application (EU) for Rhucin in September 2009. At the same time, the Company has intensified the Rhucin development program in North America and the preparation of clinical trials of Prodarsan. Pharming's general and administrative costs increased from €3.3 million to €3.6 million, which largely reflects costs incurred with respect to the public offer to the bondholders as described earlier and including the issuance of a prospectus. Costs of share based compensation programs remained constant at €0.6 million.
Financial and other income and expenses for the years ended 2008 and 2009 were highly affected with noncash valuation adjustments in relation to convertible bonds, marketable securities and deferred tax items as well as interest derived from cash and marketable securities. In total, net losses from these items in 2009 were €3.9 million compared to net profits of €3.2 million in 2008; the fluctuation is primarily caused by the effect of a non-cash derivative profit of €4.9 million in 2008 (€0.2 million in 2009), €1.6 million lower net interest income on cash and marketable securities and €0.8 million costs incurred in relation to various 2009 financing transactions.
Given uncertainties in the current environment, Pharming is not providing guidance for the financial results in 2010.
Today, Chief Executive Officer Sijmen de Vries will present the 2009 results and the outlook for 2010 in a conference call for analysts at 9:00 am and for press at 10:30 am CET. To participate, please call one of the following numbers 10 minutes prior to the call:
Analyst call (conference ID 423 0982):
Press call (conference ID 423 0986):
Following a presentation of the results, the lines will be opened for a question and answer session. An audio cast of the conference calls will be available on Pharming's website shortly thereafter.
The detailed results for the year ended December 31, 2009 will be included in the Annual Report 2009. Final 2009 results are subject to change in view of, in particular, impairment testing of assets.
Pharming Group NV is developing innovative products for the treatment of genetic disorders, ageing diseases, specialty products for surgical indications, and nutritional products. Pharming's lead product Rhucin® for acute attacks of Hereditary Angioedema has passed clinical development stage and the Market Authorization Application is under review with the European Medicines Agency. Prodarsan® is in early stage clinical development for Cockayne Syndrome and lactoferrin for use in food products. The advanced technologies of the Company include innovative platforms for the production of protein therapeutics, technology and processes for the purification and formulation of these products, as well as technology in the field of DNA repair (via DNage). Additional information is available on the Pharming website, http://www.pharming.com.
This press release contains forward looking statements that involve known and unknown risks, uncertainties and other factors, which may cause the actual results, performance or achievements of the Company to be materially different from the results, performance or achievements expressed or implied by these forward looking statements.
Marjolein van Helmond, T: +31 (0)71 52 47 431 or +31 (0)6 109 299 54 Samir Singh, T: + 1 908 720 6224
At December 31, 2009
(amounts in €'000) (unaudited)
| December 31, 2009 |
December 31, 2008 |
|
|---|---|---|
| Goodwill | 4,312 | 6,998 |
| Intangible assets | 17,585 | 18,051 |
| Property, plant and equipment | 5,240 | 5,896 |
| Restricted cash | 176 | 176 |
| Non-current assets | 27,313 | 31,121 |
| Inventories | 11,255 | 10,971 |
| Other current assets | 1,392 | 1,646 |
| Marketable securities | - | 3,748 |
| Cash and cash equivalents | 15,923 | 33,250 |
| Current assets | 28,570 | 49,615 |
| Total assets | 55,883 | 80,736 |
| Share capital | 77,251 | 48,715 |
| Share premium | 187,708 | 183,980 |
| Other reserves | 10,422 | 7,403 |
| Accumulated deficit | (262,068) | (227,565) |
| Total equity | 13,313 | 12,533 |
| Convertible bonds | - | 35,122 |
| Deferred tax liability | 4,276 | 3,940 |
| Earn-out obligations | 1,788 | 2,644 |
| Other | 236 | 307 |
| Non-current liabilities | 6,300 | 42,013 |
| Bank overdrafts | 13,761 | 13,640 |
| Convertible bonds | 9,461 | 571 |
| Trade and other payables | 8,769 | 7,365 |
| Earn-out obligations | 4,208 | 4,508 |
| Current portion of other non-current liabilities | 71 | 106 |
| Current liabilities | 36,270 | 26,190 |
| Total equity and liabilities | 55,883 | 80,736 |
For the year ended December 31, 2009
(amounts in €'000, except per share data) (unaudited)
| 2009 | 2008 | |
|---|---|---|
| Grants and other income | 1,096 | 664 |
| Research and development | 24,525 | 22,085 |
| General and administrative | 3,570 | 3,301 |
| Impairment charges | 202 | 4,182 |
| Share-based compensation | 647 | 563 |
| Costs | 28,944 | 30,131 |
| Loss from operating activities | (27,848) | (29,467) |
| Financial income | 4,408 | 12,768 |
| Financial expenses | (8,284) | (9,506) |
| Financial income and expenses | (3,876) | 3,262 |
| Income taxes | (336) | - |
| Net loss | (32,060) | (26,205) |
| Attributable to Equity holders of the parent | (32,060) | (26,205) |
| Share information: | ||
| Basic and diluted net loss per share (€) | (0.28) | (0.29) |
| Weighted average shares outstanding | 116,177,686 | 91,657,617 |
| Number of shares outstanding at year-end | 154,501,037 | 97,429,854 |
For the year ended December 31, 2009
(amounts in €'000) (unaudited)
| 2009 | 2008 | |
|---|---|---|
| Payments of third party fees and expenses, including Value Added Tax | (20,052) | (19,454) |
| Net compensation paid to board members and employees | (3,885) | (4,122) |
| Payments of pension premiums, payroll taxes and social securities, net of | ||
| grants settled | (3,043) | (2,813) |
| Other payments | (885) | (420) |
| Receipt of Value Added Tax | 2,098 | 1,372 |
| Interest received from cash and marketable securities | 584 | 2,282 |
| Receipt of grants | 302 | 595 |
| Other receipts | 597 | 654 |
| Net cash flows used in operating activities | (24,284) | (21,906) |
| Purchase of property, plant and equipment | (304) | (289) |
| Purchase of intangible assets | - | (525) |
| Divestment of marketable securities | 4,506 | - |
| Net cash flows from/(used in) investing activities | 4,202 | (814) |
| Net proceeds of increase of share capital | 9,230 | 1 |
| Repayment to Paul Royalty Fund | - | (10,075) |
| Repayments convertible bonds | (4,745) | (3,800) |
| Payments of nominal interest convertible bonds | (1,928) | (4,844) |
| Repayments of other financial liabilities | (85) | (92) |
| Net cash flows from/(used in) financing activities | 2,472 | (18,810) |
| Net decrease cash and cash equivalents | (17,610) | (41,530) |
| Net cash and cash equivalents at January 1 (º) | 19,786 | 61,310 |
| Exchange rate effect | 162 | 6 |
| Net decrease cash and cash equivalents | (17,610) | (41,530) |
| Net cash and cash equivalents at December 31 (º) | 2,338 | 19,786 |
| Liquidity information | ||
| Net cash and cash equivalents at December 31 (º) | 2,338 | 19,786 |
| Marketable securities at December 31 | - | 3,748 |
| Total liquidities at December 31 | 2,338 | 23,534 |
(º) cash and cash equivalents (including restricted cash), net of bank overdrafts
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