Akorn (AKRX) 8-K Akorn Reports Third Quarter 2013 Financial Results

Exhibit 99.1

Akorn Reports Third Quarter 2013 Financial Results

- Reports Record Revenue of $81.9 million and Adjusted EPS of $0.15 -

LAKE FOREST, Ill.--(BUSINESS WIRE)--November 5, 2013--Akorn, Inc. (NASDAQ: AKRX), a niche generic pharmaceutical company, today reported financial results for its third quarter ended September 30, 2013.

Raj Rai, Chief Executive Officer, commented, “We are pleased with our third quarter results as we continue to demonstrate a strong double-digit growth rate in our top-line despite the delays in getting regulatory approvals from the U.S. Food and Drug Administration. In addition, we had a solid quarter of earnings and cash flow. We continue to build our pipeline with the increased investment in R&D and are excited about the acquisition of Hi-Tech which we expect to close in the first quarter of 2014. We expect to have a strong finish to the year 2013 as we expect to be at the upper end of our current revenue guidance.”

Third Quarter 2013 Highlights

• Achieved record consolidated revenue of $81.9 million, up 18% over the prior year quarter.
• Generated record operating cash flow of $21.0 million and free cash flow of $18.2 million.
• Announced acquisition of Hi-Tech Pharmacal Co., Inc., which is expected to close during the first quarter of 2014.
• Began syndication process for $600 million term loan, the proceeds of which will finance the Hi-Tech acquisition.

Financial Results for the Quarter Ended September 30, 2013

Consolidated revenue for the third quarter of 2013 was $81.9 million, up 18% over the prior year quarter’s consolidated revenue of $69.6 million. The increase in revenue was primarily the result of sales of new products launched late in 2012, along with increases in sales volume for existing products, partially offset by decreases in the average sales price for existing products and lower sales from our subsidiary in India, Akorn India Private Limited (AIPL). Consolidated gross margin for the third quarter of 2013 was 53.4% compared to 57.6% in the comparable prior year period. The decrease in gross margin was attributable to various new products launched late in 2012 that generate lower gross margins as a result of being either partnered or manufactured through third parties, as well as lower AIPL gross profit.

Selling, general and administrative expenses were $13.6 million in the third quarter of 2013 compared to $12.3 million in the third quarter of 2012. The year-over-year increase was primarily due to higher legal expenses which included a $0.4 million legal settlement. Acquisition-related expenses for the Hi-Tech acquisition were $1.5 million in the third quarter of 2013 compared to $0.5 million in acquisition-related expenses in the third quarter of 2012. R&D expenses were $4.8 million in the third quarter of 2013, an increase of $2.0 million over the prior year quarter, due to the timing of development projects and milestone payments.

Non-GAAP adjusted net income for the third quarter of 2013 was $16.7 million, or $0.15 per diluted share, compared to non-GAAP adjusted net income of $16.0 million, or $0.14 per diluted share, in the prior year quarter.

2013 Outlook

The Company expects 2013 revenue at the upper end of the previously issued range of $305 million to $315 million and expects adjusted net income per diluted share in line with the previously issued range of $0.53 to $0.55. The 2013 outlook excludes the impact of any new product approvals after November 5, 2013.

Akorn’s R&D Pipeline

The Company has 57 ANDAs filed with the FDA with a combined annual addressable IMS market size of approximately $5.3 billion. The Company has completed development work on 18 additional products with a combined annual addressable IMS market size of approximately $2.3 billion and expects to file these products with the FDA in the near future.

Third Quarter 2013 Conference Call

The Company will host a conference call at 10:00 a.m. Eastern Time on Tuesday, November 5, 2013, to discuss third quarter 2013 results followed by a Q&A session. The domestic call-in number is 888-389-5988 and the international call-in number is 719-325-2454. The confirmation code for all callers is 7868985. The URL for the webcast is http://www.videonewswire.com/event.asp?id=96457. A live broadcast of the conference call will be available online at www.akorn.com under the Investor Relations tab. An online replay will follow immediately and be available for 30 days.

About Akorn, Inc.

Akorn, Inc. is a niche pharmaceutical company engaged in the development, manufacture and marketing of multisource and branded pharmaceuticals. Akorn has manufacturing facilities located in Decatur, Illinois, Somerset, New Jersey and Paonta Sahib, India where the Company manufactures ophthalmic and injectable pharmaceuticals. Additional information is available on the Company’s website at www.akorn.com.

Forward Looking Statements

This press release includes statements that may constitute "forward-looking statements", including projections of certain measures of Akorn's results of operations, projections of sales, projections of certain charges and expenses, projections related to the number and potential market size of ANDAs and other statements regarding Akorn's goals, regulatory approvals and strategy. Akorn cautions that these forward-looking statements are subject to risks and uncertainties that may cause actual results to differ materially from those indicated in the forward-looking statements. These statements are made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. Because such statements inherently involve risks and uncertainties, actual future results may differ materially from those expressed or implied by such forward-looking statements. 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. Factors that could cause or contribute to such differences include, but are not limited to: 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. These cautionary statements should be considered in connection with any subsequent written or oral forward-looking statements that may be made by the Company or by persons acting on its behalf and in conjunction with its periodic SEC filings. 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. The addressable IMS market size figures presented in this press release outline the approximate aggregate size of the potential market and are not forecasts of our future sales.

Non-GAAP Financial Measures

In addition to reporting financial information required in accordance with U.S. generally accepted accounting principles (GAAP), Akorn is also reporting Adjusted EBITDA, Adjusted net income and Adjusted net income per diluted share, which are non-GAAP financial measures. Since Adjusted EBITDA, Adjusted net income and Adjusted net income per diluted share are non-GAAP financial measures, they should not be used in isolation or as a substitute for consolidated statements of operations and cash flow data prepared in accordance with GAAP. In addition, Akorn’s definitions of Adjusted EBITDA, Adjusted net income and Adjusted net income per diluted share may not be comparable to similarly titled non-GAAP financial measures reported by other companies. For a full reconciliation of Adjusted EBITDA and Adjusted net income to GAAP net income, please see the attachments to this earnings release.

Adjusted EBITDA, as defined by the Company, is calculated as follows:

Net income, plus:

• Interest income (expense), net
• Provision for income taxes
• Depreciation and amortization
• Non-cash expenses, such as share-based compensation expense, settlement of product liability warranty and deferred financing cost amortization
• Other adjustments, such as legal settlements and various acquisition related expenses

The Company believes that Adjusted EBITDA is a meaningful indicator, to both Company management and investors, of the past and expected ongoing operating performance of the Company. EBITDA is a commonly used and widely accepted measure of financial performance. Adjusted EBITDA is deemed by the Company to be a useful performance indicator because it includes an add back of non-cash and non-recurring operating expenses which have little to no bearing on cash flows and may be subject to uncontrollable factors not reflective of the Company’s true operational performance (i.e. fair value adjustments to the carrying value of stock warrants liability).

Adjusted net income, as defined by the Company, is calculated as follows:

Net income, plus:

• The recorded provision for income taxes
• Intangible asset amortization
• Non-cash expenses, such as non-cash interest, share-based compensation expense, settlement of product liability warranty and deferred financing cost amortization
• Other adjustments, such as legal settlements and various acquisition related expenses
• Less an estimated cash tax provision, net of the benefit from utilizing NOL carry-forwards.

Adjusted net income per diluted share is equal to Adjusted net income divided by the actual or anticipated diluted share count for the applicable period.

The Company believes that Adjusted net income and Adjusted net income per diluted shares are meaningful financial indicators, to both Company management and investors, in that they exclude non-cash income and expense items that have no impact on current or future cash flows, as well as other income and expense items that are not expected to recur and therefore are not reflective of continuing operating performance. Adjusted net income and Adjusted net income per diluted share provide the Company and investors with income figures that would be expected to be more aligned with cash flows than GAAP net income, which includes a number of non-cash income and expense items.

While the Company uses Adjusted EBITDA, Adjusted net income and Adjusted net income per diluted share in managing and analyzing its business and financial condition and believes these non-GAAP financial measures to be useful to investors in evaluating the Company’s performance, each of these financial measures has certain shortcomings. Adjusted EBITDA does not take into account the impact of capital expenditures on either the liquidity or the financial performance of the Company and likewise omits share-based compensation expenses, which may vary over time and may represent a material portion of overall compensation expense. Adjusted net income does not take into account non-cash expenses that reflect the amortization of past expenditures, or include stock-based compensation, which is an important and material element of the Company’s compensation package for its directors, officers and other key employees. Due to the inherent limitations of each of these non-GAAP financial measures, the Company’s management utilizes comparable GAAP financial measures to evaluate the business in conjunction with Adjusted EBITDA, Adjusted net income and Adjusted net income per diluted share and encourages investors to do likewise.

AKORN, INC. CONDENSED CONSOLIDATED STATEMENTS OF COMPREHENSIVE INCOME IN THOUSANDS, EXCEPT PER SHARE DATA (UNAUDITED)
	THREE MONTHS ENDED SEPTEMBER 30,						NINE MONTHS ENDED SEPTEMBER 30,
	2013			2012			2013			2012
Revenues	$	81,892		$	69,634		$	232,758		$	184,638
Cost of sales (excluding amortization of intangibles)		38,195			29,541			107,824			77,917
GROSS PROFIT		43,697			40,093			124,934			106,721
Selling, general and administrative expenses		13,645			12,346			39,093			33,625
Acquisition-related costs		1,459			511			1,978			9,155
Research and development expenses		4,837			2,874			15,857			9,824
Amortization of intangibles		1,568			1,759			4,978			5,076
TOTAL OPERATING EXPENSES		21,509			17,490			61,906			57,680
OPERATING INCOME		22,188			22,603			63,028			49,041
Amortization of deferred financing costs		(211	)		(193	)		(622	)		(581	)
Non-cash interest expense		(1,163	)		(1,228	)		(3,426	)		(3,615	)
Interest expense, net		(991	)		(959	)		(2,960	)		(3,009	)
Other non-operating income, net		159			-			201			-
INCOME BEFORE INCOME TAXES		19,982			20,223			56,221			41,836
Income tax provision		7,777			6,470			20,537			15,269
NET INCOME	$	12,205		$	13,753		$	35,684		$	26,567
NET INCOME PER SHARE:
BASIC	$	0.13		$	0.14		$	0.37		$	0.28
DILUTED	$	0.11		$	0.12		$	0.32		$	0.24
SHARES USED IN COMPUTING NET INCOME PER SHARE:
BASIC		96,238			95,128			96,096			95,078
DILUTED		113,717			111,388			112,644			110,430
COMPREHENSIVE INCOME:
Net income		12,205			13,753			35,684			26,567
Foreign currency translation (loss) gain		(2,603	)		3,268			(7,224	)		(3,692	)
Comprehensive income		9,602			17,021		$	28,460		$	22,875

AKORN, INC. CONDENSED CONSOLIDATED BALANCE SHEETS IN THOUSANDS, EXCEPT SHARE DATA
	SEPTEMBER 30, 2013 (Unaudited)			DECEMBER 31, 2012 (Audited)
ASSETS
CURRENT ASSETS:
Cash and cash equivalents	$	75,598		$	40,781
Trade accounts receivable, net		61,544			51,017
Inventories		56,722			52,495
Deferred taxes, current		6,946			9,190
Prepaid expenses and other current assets		4,447			5,224
TOTAL CURRENT ASSETS		205,257			158,707
PROPERTY, PLANT AND EQUIPMENT, NET		80,510			80,679
OTHER LONG-TERM ASSETS:
Goodwill		29,565			32,159
Product licensing rights, net		60,062			63,654
Other intangibles, net		14,971			16,731
Deferred financing costs		5,014			3,078
Deferred taxes, non-current		1,194			930
Long-term investments		10,323			10,299
Other		2,791			3,328
TOTAL OTHER LONG-TERM ASSETS		123,920			130,179
TOTAL ASSETS	$	409,687		$	369,565
LIABILITIES AND SHAREHOLDERS' EQUITY
CURRENT LIABILITIES:
Trade accounts payable	$	22,143		$	21,784
Accrued compensation		5,155			7,533
Accrued royalties		6,504			5,768
Accrued administration fees		1,996			2,204
Accrued income taxes payable		198			910
Accrued expenses and other liabilities		8,644			5,092
TOTAL CURRENT LIABILITIES		44,640			43,291
LONG-TERM LIABILITIES:
Convertible notes due 2016		107,694			104,637
Purchase consideration payable		16,005			16,113
Deferred taxes, non-current		803			1,991
Product warranty liability		-			1,299
Lease incentive obligations and other long-term liabilities		1,699			1,153
TOTAL LONG-TERM LIABILITIES		126,201			125,193
TOTAL LIABILITIES		170,841			168,484
SHAREHOLDERS' EQUITY:
Common stock, no par value -- 150,000,000 shares authorized, 96,335,050 and 95,844,012 shares issued and outstanding September 30, 2013 and December 31, 2012, respectively		235,340			226,035
Warrants to acquire common stock		17,946			17,946
Accumulated deficit		(1,312	)		(36,996	)
Accumulated other comprehensive loss		(13,128	)		(5,904	)
TOTAL SHAREHOLDERS' EQUITY		238,846			201,081
TOTAL LIABILITIES AND SHAREHOLDERS' EQUITY	$	409,687		$	369,565

AKORN, INC. CONDENSED CONSOLIDATED STATEMENTS OF CASH FLOWS IN THOUSANDS (UNAUDITED)
	THREE MONTHS ENDED SEPTEMBER 30,						NINE MONTHS ENDED SEPTEMBER 30,
	2013			2012			2013			2012
OPERATING ACTIVITIES
Consolidated net income	$	12,205		$	13,753		$	35,684		$	26,567
Adjustments to reconcile consolidated net income to net cash provided by operating activities:
Depreciation and amortization		3,274			2,921			9,925			8,240
Write-off and amortization of deferred financing fees		211			193			622			581
Amortization of unfavorable contract liability		(157	)		-			(475	)		-
Non-cash stock compensation expense		1,430			1,868			5,674			5,049
Non-cash interest expense		1,163			1,228			3,426			3,615
Deferred tax assets, net		628			(3,061	)		1,829			200
Excess tax benefit from stock compensation		(447	)		(812	)		(1,192	)		(2,407	)
Non-cash settlement of product warranty liability		-			-			(1,299	)		-
Equity in earnings of unconsolidated joint venture		-			-			(76	)		-
Changes in operating assets and liabilities:
Trade accounts receivable		(3,950	)		(7,228	)		(10,858	)		(17,208	)
Inventories		(147	)		(3,519	)		(4,575	)		(13,080	)
Prepaid expenses and other assets		329			19			867			(1,052	)
Trade accounts payable		1,595			1,281			1,444			(733	)
Accrued expenses and other liabilities		4,878			8,383			1,414			11,540
NET CASH PROVIDED BY OPERATING ACTIVITIES		21,012			15,026			42,410			21,312
INVESTING ACTIVITIES
Payments for business and product acquisitions		-			-			(513	)		(55,224	)
Purchases of property, plant and equipment		(2,777	)		(2,503	)		(7,936	)		(14,756	)
NET CASH USED IN INVESTING ACTIVITIES		(2,777	)		(2,503	)		(8,449	)		(69,980	)
FINANCING ACTIVITIES
Debt financing costs		(2,557	)		-			(2,557	)		-
Excess tax benefit from stock compensation		447			812			1,192			2,407
Proceeds under stock option and stock purchase plans		1,174			449			2,439			972
NET CASH (USED IN) PROVIDED BY FINANCING ACTIVITIES		(936	)		1,261			1,074			3,379
Effect of changes in exchange rates on cash & cash equivalents		(113	)		208			(218	)		(271	)
INCREASE (DECREASE) IN CASH AND CASH EQUIVALENTS		17,186			13,992			34,817			(45,560	)
Cash and cash equivalents at beginning of period		58,412			24,410			40,781			83,962
CASH AND CASH EQUIVALENTS AT END OF PERIOD	$	75,598		$	38,402		$	75,598		$	38,402

AKORN, INC. RECONCILIATION OF NET INCOME TO NON-GAAP ADJUSTED EBITDA IN THOUSANDS (UNAUDITED)
	THREE MONTHS ENDED SEPTEMBER 30,				NINE MONTHS ENDED SEPTEMBER 30,
	2013		2012		2013			2012
NET INCOME	$	12,205	$	13,753	$	35,684		$	26,567
ADJUSTMENTS TO ARRIVE AT EBITDA:
Depreciation expense		1,706		1,156		4,947			3,158
Amortization expense		1,568		1,759		4,978			5,076
Interest expense, net		991		959		2,960			3,009
Non-cash interest expense		1,163		1,228		3,426			3,615
Income tax provision		7,777		6,470		20,537			15,269
EBITDA	$	25,410	$	25,325	$	72,532		$	56,694
NON-CASH AND OTHER NON-RECURRING INCOME AND EXPENSES:
Acquisition-related expenses		1,459		511		2,299			8,835
Non-cash stock compensation expense		1,430		1,868		5,674			5,049
Non-cash settlement of product warranty liability		-		-		(1,299	)		-
Write-off and amortization of deferred financing costs		211		193		622			581
Litigation settlement		385		-		385			-
ADJUSTED EBITDA	$	28,895	$	27,897	$	80,213		$	71,159

AKORN, INC. RECONCILIATION OF NET INCOME TO NON-GAAP ADJUSTED NET INCOME IN THOUSANDS, EXCEPT PER SHARE DATA (UNAUDITED)
	THREE MONTHS ENDED SEPTEMBER 30,				NINE MONTHS ENDED SEPTEMBER 30,
	2013		2012		2013			2012
NET INCOME	$	12,205	$	13,753	$	35,684		$	26,567
INCOME TAX PROVISION		7,777		6,470		20,537			15,269
INCOME BEFORE INCOME TAXES		19,982		20,223		56,221			41,836
ADJUSTMENTS TO ARRIVE AT ADJUSTED NET INCOME:
Acquisition-related expenses		1,459		511		2,299			8,835
Non-cash stock compensation expense		1,430		1,868		5,674			5,049
Non-cash interest expense		1,163		1,228		3,426			3,615
Amortization expense		1,568		1,759		4,978			5,076
Non-cash settlement of product warranty liability		-		-		(1,299	)		-
Write-off and amortization of deferred financing costs		211		193		622			581
Litigation settlement		385		-		385			-
ADJUSTED INCOME BEFORE INCOME TAXES		26,198		25,782		72,306			64,992
ADJUSTED INCOME TAX PROVISION		9,542		9,823		25,884			21,953
ADJUSTED NET INCOME		16,656		15,959		46,422			43,039
ADJUSTED NET INCOME PER DILUTED SHARE	$	0.15	$	0.14	$	0.41		$	0.39

CONTACT:
Akorn, Inc.
Tim Dick, Chief Financial Officer, 847-279-6150