Exhibit 99.1
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
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| | x | | |
| | : | | |
In re: | | : | | Chapter 11 |
| | : | | |
SAVIENT PHARMACEUTICALS, INC., | | : | | Case No. 13-12680 (MFW) |
etal., | | : | | |
| | : | | Jointly Administered |
Debtors.1 | | : | | |
| | : | | |
| | x | | |
NOTICE OF FILING OF DEBTORS’ MONTHLY OPERATING REPORT
FOR THE PERIOD OF OCTOBER 15, 2013 THROUGH OCTOBER 31, 2013
PLEASE TAKE NOTICE that the debtors and debtors in possession in the above-captioned jointly administered bankruptcy cases (collectively, the “Debtors”) filed today the Debtors’ Monthly Operating Report for the Period of October 15, 2013 through October 31, 2013, a copy of which is attached hereto asExhibit A (the “Monthly Operating Report”).
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Dated: | | Wilmington, Delaware |
| | December 5, 2013 |
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| | SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP |
| |
| | /s/ Dain A. De Souza |
| | Anthony W. Clark (I.D. No. 2051) |
| | Dain A. De Souza (I.D. No. 5737) |
| | One Rodney Square |
| | P.O. Box 636 |
| | Wilmington, Delaware 19899-0636 |
| | Telephone: (302) 651-3000 |
| | Fax: (302) 651-3001 |
| |
| | - and - |
1 | The Debtors and the last four digits of their respective taxpayer identification numbers are as follows: Savient Pharmaceuticals, Inc. (3811), Savient Pharma Holdings, Inc. (0701). The address of the Debtors’ corporate headquarters is 400 Crossing Boulevard, 3rd Floor, Bridgewater, New Jersey 08807. |
Docket No. 206
Date Filed: 12/5/13
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| | Kenneth S. Ziman David M. Turetsky Four Times Square New York, New York 10036-6522 Telephone: (212) 735-3000 Fax: (212) 735-2000 |
| |
| | Counsel for Debtors and Debtors in Possession |
2
EXHIBIT A
UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
| | |
In re: Savient Pharmaceuticals, Inc., et al | | Case No. 13-12680 (MFW) |
| | Reporting Period: October 15, 2013 - October 31, 2013 |
MONTHLY OPERATING REPORT
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REQUIRED DOCUMENTS | | Form No. | | Document Attached | | Explanation Attached** | | Affidavit/Supplement Attached** |
Schedule of Cash Receipts and Disbursements | | MOR-1 | | Yes | | | | |
Bank Reconciliation (or copies of debtor’s bank reconciliation | | MOR-1a | | Yes | | | | |
Schedule of Professional Fees Paid | | MOR-1b | | Yes | | | | |
Copies of bank statements | | | | No | | Yes | | |
Cash disbursements journals | | | | No | | Yes | | |
Statement of Operations | | MOR-2 | | Yes | | | | |
Balance Sheet | | MOR-3 | | Yes | | | | |
Status of Postpetition Taxes | | MOR-4 | | Yes | | | | |
Copies of IRS Form 6123 or payment receipt | | | | No | | Yes | | |
Copies of tax returns filed during reporting period | | | | No | | Yes | | |
Summary of Unpaid Postpetition Debts | | MOR-4 | | Yes | | | | |
Listing of aged accounts payable | | MOR-4 | | Yes | | | | |
Accounts Receivable Reconciliation and Aging | | MOR-5 | | Yes | | | | |
Debtor Questionnaire | | MOR-5 | | Yes | | | | |
** Explanations are attached as a part of the General Notes
I declare under penalty of perjury (28 U.S.C. Section 1746) that this report and the attached documents are true and correct to the best of my knowledge and belief.
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Signature of Debtor | | | | Date | | |
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Signature of Joint Debtor | | | | Date | | |
| | | | 12/4/2013 | | |
Signature of Authorized Individual* | | | | Date | | |
| | |
John Hamill Printed Name of Authorized Individual | | | | Co-President and Chief Financial Officer Title of Authorized Individual |
*Authorized individual must be an officer, director or shareholder if debtor is a corporation; a partner if debtor is a partnership; a manager or member if debtor is a limited liability company.
MOR_Cover
| | |
In re: Savient Pharmaceuticals, Inc. et al. | | Case No. 13-12680 (MFW) |
| | Reporting Period: 10/15/13 - 10/31/2013 |
NOTES TO THE MONTHLY OPERATING REPORT
General Notes
Debtors-Debtor Savient Pharmaceuticals, Inc. is referred to herein as “Savient” or “SPI,” and Debtor Savient Pharma Holdings, Inc. is referred to herein as “SPHI.”
Reporting Period-On October 14, 2013 (the “Petition Date”), the Debtors filed voluntary petitions for relief under chapter 11 of the Bankruptcy Code (the “Chapter 11 Cases”). The Debtors are operating their business and managing their properties as debtors-in-possession pursuant to Bankruptcy Code sections 1107(a) and 1108. On October 16, 2014, the Bankruptcy Court entered an order (Docket No. 34) providing for the joint administration of these cases pursuant to Bankruptcy Rule 1015(b). The Debtors filed for chapter 11 protection after the close of regular business on the Petition Date. Because substantially all changes to the Debtors’ assets and liabilities occur during the business day, the Debtors have assumed for purposes of the Monthly Operating Report that all business transactions involving the Debtors occurring on the Petition Date occurred before the chapter 11 filings. The asset information provided herein, except as otherwise noted, represents the asset data of the Debtors as of the Petition Date, and the liability information provided herein, except as otherwise noted, represents the liability data of the Debtors as of the close of business on the Petition Date.
Debtor-in-Possession Financial Statements-The Debtors’ financial statements and supplemental information contained herein are unaudited, preliminary, and may not comply with generally accepted accounting principles in the United States of America (“U.S. GAAP”) in all material respects.
Accounting Standards Codification, (“ASC”) 852-10,Reorganizations,which incorporated the guidance in American Institute of Certified Public Accountants Statement of Position 90-7,“Financial Reporting by Entities in Reorganization under the Bankruptcy Code,”(SOP 90-7), is applicable to companies in chapter 11 and generally does not change the manner in which financial statements are prepared. It does require, however, that the financial statements for periods subsequent to the filing of the chapter 11 petition distinguish transactions and events that are directly associated with the reorganization from the ongoing operations of business.
The Debtors’ financial statements contained herein have been prepared in accordance with the guidance in ASC 852-10. The unaudited financial statements have been derived from the books and records of the Debtors. This information, however, has not been subject to procedures that would typically be applied to financial information presented in accordance with U.S GAAP, and upon the application of such procedures, the Debtors believe that the financial information could be subject to changes, and these changes could be material. The information furnished in this report includes primarily normal recurring adjustments, but does not include all of the adjustments that would be typically made in accordance with U.S GAAP.
The results of operations contained herein are not necessarily indicative of results that are expected from any other period or for the full year and may not necessarily reflect the combined results of operations, financial position and cash flows of the Debtors in the future.
Intercompany Transactions-Receivables and payables between the Debtors and / or Non-Debtors have not been eliminated.
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In re: Savient Pharmaceuticals, Inc. et al. | | Case No. 13-12680 (MFW) Reporting Period: 10/15/13 - 10/31/2013 |
Liabilities Subject to Compromise-As a result of the chapter 11 filings, the payment of prepetition indebtedness is subject to compromise or other treatment under a plan of reorganization or liquidation. The determination of how liabilities will ultimately be settled and treated cannot be made until the Court approves a chapter 11 plan of reorganization or liquidation. Accordingly, the ultimate amount of such liabilities is not determinable at this time. Revenues, expenses, realized gains and losses and provisions for losses that can be directly associated with the reorganization and restructuring of the business must be reported separately as reorganization items in the Debtors statements of operations. The Debtors balance sheets, in addition, must distinguish pre-petition liabilities subject to compromise from both those pre-petition liabilities that are not subject to compromise and from post-petition liabilities. Liabilities that may be affected by a plan of reorganization or liquidation must be reported at the amounts expected to be allowed, even if they may be settled for lesser amounts. In addition, cash provided by reorganization items must be disclosed separately in the Debtors statements of cash flows. The amounts currently classified as liabilities subject to compromise are preliminary and may be subject to future adjustments depending on Court actions, further developments with respect to disputed claims, determinations of the secured status of certain claims, the values of any collateral securing such claims, rejection of executory contracts, continued reconciliation and other events.
While in bankruptcy, the Debtors expect their financial results to continue to be volatile as asset impairments, asset dispositions, contract terminations and rejections and claims assessments may significantly impact the Debtors financial statements. As a result, the Debtors historical financial performance is likely not indicative of its financial performance after the date of the Chapter 11 Filings.
Notes to MOR-1a
Copies of Bank Statements and Cash Disbursements Journals- The copies of the Debtors’ bank statements and cash disbursement journals are voluminous and not included herein, however, copies will be provided upon request.
Notes to MOR-4
Copies of IRS Form 6123 or Payment Receipt and Copies of Tax Returns Filed During Reporting Period-During the reporting period, the Debtors filed state income tax returns in California, Wisconsin, Arizona, Indiana, Kentucky, Maryland, Missouri, Pennsylvania, Illinois and New Jersey. These state tax returns are voluminous and not included herein, however, copies will be provided upon request.
Savient MOR-4-The postpetition accounts payable reported for Debtor Savient Pharmaceuticals, Inc. represent open and outstanding trade vendor invoices that have been entered into the Debtor’s accounts payable system and does not include accruals for invoices not yet received or approved. The 0-30 days past due amount of $4,126 was paid by the Debtor in November 2013, and the Debtor intends to pay the 31-60 days past due amount of $5,000 in December 2013 (which had not been paid as the Debtor was seeking additional information in connection to this invoice prior to payment).
| | |
In re: Savient Pharmaceuticals, Inc., et al | | Case No. 13-12680 (MFW) |
| | Reporting Period: October 15, 2013 - October 31, 2013 |
SAVIENT SCHEDULE OF CASH RECEIPTS AND DISBURSEMENTS
| | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | BANK ACCOUNTS | | | | | | | | | | | CURRENT MONTH | |
| | | | | | | | | | | Wells | | | | | | | | | |
| | | | | | | | | | | Fargo | | | Petty | | | | | | |
| | PNC | | | Fidelity | | | Wells Fargo | | | Checking | | | Cash | | | | | Total | |
CASH BEGINNING OF MONTH | | $ | 4,207,573 | | | $ | 383,689 | | | $ | 6,208,558 | | | $ | - | | | $ | 1,000 | | | | | $ | 10,800,820 | |
| | | | | | | |
RECEIPTS | | | | | | | | | | | | | | | | | | | | |
CASH SALES | | | - | | | | - | | | | - | | | | - | | | | - | | | | | | - | |
ACCOUNTS RECEIVABLE | | | 1,502,238 | | | | | | | | - | | | | - | | | | - | | | | | | 1,502,238 | |
TRANSFER FROM OPERATING ACCOUNT | | | - | | | | - | | | | - | | | | 13,053 | | | | - | | | | | | 13,053 | |
SALE OF ASSETS | | | - | | | | - | | | | - | | | | - | | | | - | | | | | | - | |
DIVIDENDS ON MONEY MARKET ACCOUNT | | | - | | | | 3 | | | | - | | | | - | | | | - | | | | | | 3 | |
TRANSFER FROM SUB (SPHI) | | | 13,700,356 | | | | - | | | | - | | | | - | | | | - | | | | | | 13,700,356 | |
TRANSFERS (FROM DIP ACCTS) | | | | | | | | | | | | | | | | | | | | | | | | | - | |
WATSON-SALES (oxandrolone royalty) | | | 69,540 | | | | - | | | | - | | | | - | | | | - | | | | | | 69,540 | |
| | | | | | | | | | | | | | | - | | | | - | | | | | | - | |
TOTAL RECEIPTS | | $ | 15,272,134 | | | $ | 3 | | | $ | - | | | $ | 13,053 | | | $ | - | | | | | $ | 15,285,190 | |
| | | | | | | |
DISBURSEMENTS | | | | | | | | | | | | | | | | | | | | |
NET PAYROLL | | | 341,666 | | | | - | | | | - | | | | - | | | | - | | | | | | 341,666 | |
PAYROLL TAXES | | | 137,421 | | | | | | | | - | | | | - | | | | - | | | | | | 137,421 | |
EMPLOYEE BENEFITS (401K) | | | 47,209 | | | | - | | | | - | | | | - | | | | - | | | | | | 47,209 | |
RENT | | | 123,075 | | | | - | | | | - | | | | - | | | | - | | | | | | 123,075 | |
PAYMENTS TO NOTE HOLDERS | | | 8,000,000 | | | | - | | | | - | | | | - | | | | - | | | | | | 8,000,000 | |
AMERIFLEX (flex spending) | | | 9,008 | | | | - | | | | - | | | | - | | | | - | | | | | | 9,008 | |
CONCUR (employee expenses) | | | 16,698 | | | | - | | | | - | | | | - | | | | - | | | | | | 16,698 | |
AMERICAN EXPRESS (employee expenses) | | | 25,319 | | | | - | | | | - | | | | - | | | | - | | | | | | 25,319 | |
VENDOR PAYMENTS | | | 48,500 | | | | - | | | | - | | | | - | | | | - | | | | | | 48,500 | |
TRANSFER TO WELLS FARGO UTILITY ACCOUNT | | | 13,053 | | | | - | | | | - | | | | - | | | | - | | | | | | - | |
BANK FEES | | | 628 | | | | - | | | | - | | | | - | | | | - | | | | | | 628 | |
TOTAL DISBURSEMENTS | | $ | 8,762,577 | | | $ | - | | | $ | - | | | $ | - | | | $ | - | | | | | $ | 8,762,577 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | |
NET CASH FLOW | | $ | 6,509,557 | | | $ | 3 | | | $ | - | | | $ | 13,053 | | | $ | - | | | | | $ | 6,522,613 | |
(RECEIPTS LESS DISBURSEMENTS) | | | - | | | | - | | | | - | | | | | | | | | | | | | | - | |
| | | | | | | | | | | | | | | | | | | | | | | | | | |
CASH - END OF MONTH | | $ | 10,717,130 | | | $ | 383,692 | | | $ | 6,208,558 | | | $ | 13,053 | | | $ | 1,000 | | | | | $ | 17,323,433 | |
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DISBURSEMENTS FOR CALCULATING U.S. TRUSTEE QUARTERLY FEES: | | | |
TOTAL DISBURSEMENTS | | $ | 8,762,577 | |
LESS: TRANSFERS TO DEBTOR IN POSSESSION ACCOUNTS | | | - | |
PLUS: ESTATE DISBURSEMENTS MADE BY OUTSIDE SOURCES (i.e. from escrow accounts) | | | - | |
| |
TOTAL DISBURSEMENTS FOR CALCULATING U.S. TRUSTEE QUARTERLY FEES | | $ | 8,762,577 | |
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Savient_MOR_1 | | FORM MOR-1 |
| (04/07) |
| | |
In re: Savient Pharmaceuticals, Inc., et al | | Case No. 13-12680 (MFW) |
| | Reporting Period: October 15, 2013 - October 31, 2013 |
SPHI SCHEDULE OF CASH RECEIPTS AND DISBURSEMENTS
| | | | | | | | | | | | | | | | | | | | | | |
| | BANK ACCOUNTS | | | | | CURRENT MONTH | |
| | PNC | | | Fidelity | | | Wells Fargo | | | OTHER | | | | | ACTUAL | |
CASH BEGINNING OF MONTH | | $ | 3,241,604 | | | $ | 13,700,283 | | | $ | - | | | | | | | | | $ | 16,941,887 | |
| | | | | | |
RECEIPTS | | | | | | | | | | | | | | | | | | | | | | |
DIVIDENDS ON MONEY MARKET ACCOUNT | | | - | | | | 73 | | | | - | | | | - | | | | | | 73 | |
| | | - | | | | - | | | | - | | | | - | | | | | | - | |
TOTAL RECEIPTS | | $ | - | | | $ | 73 | | | $ | - | | | $ | - | | | | | $ | 73 | |
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DISBURSEMENTS | | | | | | | | | | | | | | | | | | | | | | |
NET PAYROLL | | | - | | | | - | | | | - | | | | - | | | | | | - | |
PAYROLL TAXES | | | - | | | | - | | | | - | | | | - | | | | | | - | |
ADMINISTRATIVE | | | - | | | | - | | | | - | | | | | | | | | | - | |
BANK FEES | | | 20 | | | | - | | | | - | | | | - | | | | | | 20 | |
TRANSFER TO SUB | | | - | | | | 13,700,356 | | | | - | | | | - | | | | | | | |
TOTAL DISBURSEMENTS | | $ | 20 | | | $ | 13,700,356 | | | $ | - | | | $ | - | | | | | $ | 13,700,376 | |
| | | | | | | | | | | | | | | | | | | | | | |
NET CASH FLOW | | $ | (20 | ) | | $ | (13,700,283 | ) | | $ | - | | | $ | - | | | | | $ | (13,700,303 | ) |
(RECEIPTS LESS DISBURSEMENTS) | | | | | | | | | | | | | | | | | | | | | - | |
| | | | | | | | | | | | | | | | | | | | | | |
CASH - END OF MONTH | | $ | 3,241,584 | | | $ | 0 | | | $ | - | | | $ | - | | | | | $ | 3,241,584 | |
| | | | |
DISBURSEMENTS FOR CALCULATING U.S. TRUSTEE QUARTERLY FEES: | | | |
TOTAL DISBURSEMENTS | | $ | 13,700,376 | |
LESS: INTERCOMPANY TRANSFERS | | $ | 13,700,356 | |
PLUS: ESTATE DISBURSEMENTS MADE BY OUTSIDE SOURCES (i.e. from escrow accounts) | | | - | |
TOTAL DISBURSEMENTS FOR CALCULATING U.S. TRUSTEE QUARTERLY FEES*** | | $ | 20 | |
*** The sole disbursements other than intercompany transfers for the Reporting Period were for bank fees
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SPHI_MOR_1 | | FORM MOR-1 |
| (04/07) |
| | |
In re: Savient Pharmaceuticals, Inc., et al | | Case No. 13-12680 (MFW) |
| | Reporting Period: October 15, 2013 - October 31, 2013 |
SAVIENT BANK RECONCILIATIONS
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | PNC | | | Fidelity | | | Wells Fargo | | | Wells Fargo Checking | | Petty Cash | |
| | | | # | | | | | | # | | | | | | # | | | | | | # | | | | | | # | | | | |
BALANCE PER BOOKS | | | | | | $ | 10,717,130 | | | | | $ | 383,692 | | | | | $ | 6,208,558 | | | | | $ | 13,053 | | | | | $ | 1,000 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
BANK BALANCE | | | | | | $ | 10,848,504 | | | | | $ | 383,692 | | | | | $ | 6,208,558 | | | | | $ | 13,053 | | | | | $ | - | |
(+) DEPOSITS IN TRANSIT | | | | | | | - | | | | | | - | | | | | | - | | | | | | - | | | | | | - | |
(-) OUTSTANDING CHECKS | | | | | | | (131,374 | ) | | | | | - | | | | | | - | | | | | | - | | | | | | - | |
OTHER | | | | | | | - | | | | | | - | | | | | | - | | | | | | - | | | | | | - | |
ADJUSTED BANK BALANCE | | | | | | $ | 10,717,130 | | | | | $ | 383,692 | | | | | $ | 6,208,558 | | | | | $ | 13,053 | | | | | $ | - | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
DEPOSITS IN TRANSIT | | | | Date | | | Amount | | | Date | | | Amount | | | Date | | | Amount | | | Date | | | Amount | | | Date | | | Amount | |
NONE | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
CHECKS OUTSTANDING | | | | Ck. # | | | Amount | | | Ch. # | | | Amount | | | Ck. # | | | Amount | | | Ck. # | | | Amount | | | Ck. # | | | Amount | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Total Outstanding Checks | | | | | | $ | 131,374 | | | | | | | | | | | | | | | | | | | | | | | | | |
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Savient MOR_1a | | FORM MOR-1a |
| (04/07) |
| | |
In re: Savient Pharmaceuticals, Inc., et al | | Case No. 13-12680 (MFW) |
| | Reporting Period: October 15, 2013 - October 31, 2013 |
SPHI BANK RECONCILIATIONS
| | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | PNC | | | | | | | | | Fidelity | | | | | | | |
| | | | # | | | | | | # | | | | | | # | | | | | | # | | | | |
BALANCE PER BOOKS | | | | | | $ | 3,241,604 | | | | | $ | 13,700,283 | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | |
BANK BALANCE | | | | | | $ | 3,241,604 | | | | | $ | 13,700,283 | | | | | $ | - | | | | | $ | - | |
(+) DEPOSITS IN TRANSIT | | | | | | | - | | | | | | - | | | | | | - | | | | | | - | |
(-) OUTSTANDING CHECKS | | | | | | | - | | | | | | - | | | | | | - | | | | | | - | |
OTHER | | | | | | | - | | | | | | - | | | | | | - | | | | | | - | |
ADJUSTED BANK BALANCE | | | | | | $ | 3,241,604 | | | | | $ | 13,700,283 | | | | | $ | - | | | | | $ | - | |
| | | | | | | | | | | | | | | | | | | | | | | | | | |
DEPOSITS IN TRANSIT | | | | Date | | | Amount | | | Date | | | Amount | | | Date | | | Amount | | | Date | | | Amount | |
NONE | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | |
CHECKS OUTSTANDING | | | | Ck. # | | | Amount | | | Ch. # | | | Amount | | | Ck. # | | | Amount | | | Ck. # | | | Amount | |
NONE | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | |
| | |
SPHI MOR_1a | | FORM MOR-1a |
| (04/07) |
| | |
In re: Savient Pharmaceuticals, Inc., et al | | Case No. 13-12680 (MFW) |
| | Reporting Period: October 15, 2013 - October 31, 2013 |
SAVIENT SCHEDULE OF PROFESSIONAL FEES AND EXPENSES PAID
| | | | | | | | | | | | | | | | | | |
| | | | Amount | | | | Check | | Amount Paid | | Year-To-Date |
Payee | | Period Covered | | Approved | | Payor | | Number | | Date | | Fees | | Expenses | | Fees | | Expenses |
No professional fee payments were made during the Reporting Period 10/15/13 through 10/31/13 | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | |
| | |
SAVIENT MOR_1b | | FORM MOR-1b |
| (04/07) |
| | |
In re: Savient Pharmaceuticals, Inc., et al | | Case No. 13-12680 (MFW) |
| | Reporting Period: October 15, 2013 - October 31, 2013 |
SPHI SCHEDULE OF PROFESSIONAL FEES AND EXPENSES PAID
| | | | | | | | | | | | | | | | | | |
| | | | Amount | | | | Check | | Amount Paid | | Year-To-Date |
Payee | | Period Covered | | Approved | | Payor | | Number | | Date | | Fees | | Expenses | | Fees | | Expenses |
No professional fee payments were made during the Reporting Period 10/15/13 through 10/31/13 | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | |
| | |
SPHI MOR_1b | | FORM MOR-1b |
| (04/07) |
| | |
In re: Savient Pharmaceuticals, Inc., et al | | Case No. 13-12680 (MFW) |
| | Reporting Period: October 15, 2013 - October 31, 2013 |
| | | | |
SAVIENT STATEMENT OF OPERATIONS (Income Statement) |
| |
REVENUES | | Month |
Gross Revenues | | $ | | 2,371,888 |
Less: Gross-to-Net Adjustments | | | | 804,467 |
Net Revenue | | $ | | 1,567,421 |
Cost of Goods Sold | | $ | | 262,782 |
GROSS PROFIT | | $ | | 1,304,639 |
| | | | |
OPERATING EXPENSES | | | | |
Total Research and Development Related Expenses | | $ | | 278,788 |
| | | | |
Total Selling and Marketing Related Expenses | | $ | | 156,634 |
| | | | |
Total General and Administrative Related Expenses: | | $ | | 1,308,725 |
| | | | |
Total Operating Expenses Before Depreciation | | $ | | 1,744,147 |
Depreciation and amortization | | | | 15,209 |
Net Loss Before Other Income & Expenses | | $ | | (454,717) |
| | | | |
OTHER INCOME AND (EXPENSES) | | | | |
Dividend income | | $ | | 3 |
Interest Expense on capital leases | | | | (553) |
Bank charges | | | | (628) |
Net Profit (Loss) Before Reorganization Items | | $ | | (455,895) |
REORGANIZATION ITEMS | | | | |
Total Reorganization Expenses | | $ | | 9,335,596 |
Income Taxes | | | | - |
Net Profit (Loss) | | $ | | (9,791,491) |
| | |
SAVIENT_MOR_2 | | FORM MOR-2 |
| (04/07) |
| | |
In re: Savient Pharmaceuticals, Inc., et al | | Case No. 13-12680 (MFW) |
| | Reporting Period: October 15, 2013 - October 31, 2013 |
SPHI STATEMENT OF OPERATIONS
(Income Statement)
| | | | | | |
| |
REVENUES | | Month | |
NOT APPLICABLE | | | | $ | - | |
| | | | | | |
COST OF GOODS SOLD | | | | | | |
NOT APPLICABLE | | | | $ | - | |
| | | | | | |
OPERATING EXPENSES (NONE NOTED FOR THE CURRENT PERIOD) | | | | | | |
| | | | | | |
General and Administrative Related Expenses: | | | | | | |
Total General and Administrative Related Expenses: | | | | $ | - | |
Total Operating Expenses Before Depreciation | | | | $ | - | |
Depreciation and amortization | | | | | - | |
Net Loss Before Other Income & Expenses | | | | $ | - | |
| | | | | | |
OTHER INCOME AND (EXPENSES) | | | | | | |
Dividend income | | | | $ | 73 | |
Interest Expense on capital leases | | | | | - | |
Bank charges | | | | | (20 | ) |
Net Profit (Loss) Before Reorganization Items | | | | $ | 53 | |
REORGANIZATION ITEMS | | | | | | |
Impairment of intercompany note receivable from Parent (Savient) | | | | $ | 13,700,356 | |
| | | | | - | |
Total Reorganization Expenses | | | | $ | 13,700,356 | |
Income Taxes | | | | | - | |
Net Profit (Loss) | | | | $ | (13,700,303 | ) |
| | |
SPHI_MOR 2 | | FORM MOR-2 |
| (04/07) |
| | |
In re: Savient Pharmaceuticals, Inc., et al | | Case No. 13-12680 (MFW) |
| | Reporting Period: October 15, 2013 - October 31, 2013 |
SAVIENT BALANCE SHEET
| | | | | | | | |
| | BOOK VALUE AT END OF | | | | BOOK VALUE ON |
ASSETS | | CURRENT REPORTING MONTH | | | | PETITION DATE |
CURRENT ASSETS | | | | | | | | |
| | | | | | | | |
Total cash and cash equivalents | | $ | | 14,284,317 | | $ | | 7,761,704 |
| | | | | | | | |
Total short-term investments | | $ | | 3,039,116 | | $ | | 3,039,116 |
| | | | | | | | - |
Accounts receivable (Net) | | $ | | 7,079,399 | | $ | | 7,088,730 |
| | | | | | | | |
Inventories (Net) | | $ | | 1,162,188 | | $ | | 1,208,192 |
| | | | | | | | |
Total prepaid expenses and other current assets | | $ | | 5,490,204 | | $ | | 5,559,037 |
| | | | | | | | |
TOTAL CURRENT ASSETS | | $ | | 31,055,224 | | $ | | 24,656,779 |
| | | | | | | | |
TOTAL PROPERTY & EQUIPMENT | | $ | | 1,667,650 | | $ | | 1,686,287 |
| | | | | | | | |
TOTAL OTHER ASSETS | | $ | | 147,259,698 | | $ | | 147,259,698 |
| | | | | | | | |
TOTAL ASSETS | | $ | | 179,982,572 | | $ | | 173,602,764 |
| | | | | | | | |
| | BOOK VALUE AT END OF | | | | BOOK VALUE ON |
LIABILITIES AND OWNER EQUITY | | CURRENT REPORTING MONTH | | | | PETITION DATE |
LIABILITIES NOT SUBJECT TO COMPROMISE (Postpetition) | | | | | | | | |
Accounts payable | | $ | | 218,153 | | $ | | 12,972 |
Total accrued expenses | | $ | | 1,813,115 | | $ | | 13,093 |
| | | | | | | | |
Total other liabilities not subject to compromise | | $ | | 3,216,231 | | $ | | 3,081,771 |
| | | | | | | | |
TOTAL LIABILITIES NOT SUBJECT TO COMPROMISE (POSTPETITION LIABILITIES) | | $ | | 5,247,499 | | $ | | 3,107,836 |
LIABILITIES SUBJECT TO COMPROMISE (Pre-Petition) | | | | | | | | |
Accounts payable | | $ | | 1,391,857 | | $ | | 1,402,335 |
Accrued expenses | | | | | | | | |
Other accrued postpetition liabilities | | $ | | 1,752,636 | | $ | | 1,818,953 |
Total accrued expenses | | $ | | 1,752,636 | | $ | | 1,818,953 |
| | | | | | | | |
Total other liabilities subject to compromise | | $ | | 284,778,761 | | $ | | 270,863,288 |
| | | | | | | | |
TOTAL LIABILITIES SUBJECT TO COMPROMISE (PRE-PETITION) | | $ | | 287,923,254 | | $ | | 274,084,576 |
| | | | | | | | |
TOTAL LIABILITIES | | $ | | 293,170,753 | | $ | | 277,192,412 |
OWNER EQUITY | | | | | | | | |
Common Stock | | $ | | 736,949 | | $ | | 736,949 |
Additional Paid-In Capital | | | | 400,932,054 | | | | 400,739,096 |
Retained Earnings - Pre-Petition | | | | (505,065,693) | | | | (505,065,693) |
Retained Earnings - Postpetition | | | | (9,791,491) | | | | - |
NET OWNER EQUITY | | $ | | (113,188,181) | | $ | | (103,589,648) |
| | | | | | | | |
TOTAL LIABILITIES AND OWNERS’ EQUITY | | $ | | 179,982,572 | | $ | | 173,602,764 |
| | |
SAVIENT_MOR_3 | | FORM MOR-3 |
| (04/07) |
| | |
In re: Savient Pharmaceuticals, Inc., et al | | Case No. 13-12680 (MFW) |
| | Reporting Period: October 15, 2013 - October 31, 2013 |
SPHI BALANCE SHEET
| | | | | | | | |
| | BOOK VALUE AT END OF | | BOOK VALUE ON |
ASSETS | | CURRENT REPORTING MONTH | | PETITION DATE |
CURRENT ASSETS | | | | | | | | |
| | | | | | | | |
Total cash and cash equivalents | | $ | | 3,241,584 | | $ | | 16,941,887 |
| | | | | | | | |
TOTAL CURRENT ASSETS | | $ | | 3,241,584 | | $ | | 16,941,887 |
| | | | | | | | |
TOTAL ASSETS | | $ | | 3,241,584 | | $ | | 16,941,887 |
| | | | | | | | |
OWNER EQUITY | | | | | | | | |
Common Stock | | $ | | 1 | | $ | | 1 |
Additional Paid-In Capital | | | | 147,259,563 | | | | 147,259,563 |
Retained Earnings - Pre-Petition | | | | (130,317,677) | | | | (130,317,677) |
Retained Earnings - Postpetition | | | | (13,700,303) | | | | - |
NET OWNER EQUITY | | $ | | 3,241,584 | | $ | | 16,941,887 |
| | | | | | | | |
TOTAL LIABILITIES AND OWNERS’ EQUITY | | $ | | 3,241,584 | | $ | | 16,941,887 |
| | |
SPHI_MOR_3 | | FORM MOR-3 |
| (04/07) |
| | | | |
In re: Savient Pharmaceuticals, Inc., et al | | | | Case No. 13-12680 (MFW) |
| | | | Reporting Period: October 15, 2013 - October 31, 2013 |
SAVIENT STATUS OF POSTPETITION TAXES
All postpetition taxes were current as of October 31, 2013 and paid in the ordinary course by the Debtor.
SUMMARY OF UNPAID POSTPETITION DEBTS
| | | | | | | | | | | | | | | | | | | | | | | | |
| | Number of Days Past Due | |
| | Current | | | 0-30 | | | 31-60 | | | 61-90 | | | Over 90 | | | Total | |
Accounts Payable | | $ | 162,341 | | | $ | 4,126 | | | $ | 5,000 | | | $ | - | | | $ | - | | | $ | 171,467 | |
Employee Expenses Payable (Concur) | | | 46,686 | | | | | | | | | | | | | | | | | | | | 46,686 | |
Wages Payable | | | - | | | | | | | | | | | | | | | | | | | | - | |
Taxes Payable | | | - | | | | | | | | | | | | | | | | | | | | - | |
Rent/Leases-Building | | | - | | | | | | | | | | | | | | | | | | | | - | |
Rent/Leases-Equipment | | | - | | | | | | | | | | | | | | | | | | | | - | |
Secured Debt/Adequate Protection Payments | | | - | | | | | | | | | | | | | | | | | | | | - | |
Professional Fees | | | | | | | | | | | | | | | | | | | | | | | - | |
Amounts Due to Insiders* | | | | | | | | | | | | | | | | | | | | | | | - | |
Other: | | | | | | | | | | | | | | | | | | | | | | | - | |
Other: | | | | | | | | | | | | | | | | | | | | | | | - | |
Total Postpetition Debts | | $ | 209,027 | | | $ | 4,126 | | | $ | 5,000 | | | $ | - | | | $ | - | | | $ | 218,153 | |
| | |
SAVIENT_MOR_4 | | FORM MOR-4 |
| (04/07) |
| | |
In re: Savient Pharmaceuticals, Inc., et al | | Case No. 13-12680 (MFW) |
| | Reporting Period: October 15, 2013 - October 31, 2013 |
SPHI STATUS OF POSTPETITION TAXES
All postpetition taxes were current as of October 31, 2013 and paid in the ordinary course by the Debtor.
SUMMARY OF UNPAID POSTPETITION DEBTS
The Debtor is current on all postpetition debts.
| | |
SPHI_MOR_4 | | FORM MOR-4 |
| (04/07) |
| | |
In re: Savient Pharmaceuticals, Inc., et al | | Case No. 13-12680 (MFW) |
| | Reporting Period: October 15, 2013 - October 31, 2013 |
SAVIENT ACCOUNTS RECEIVABLE RECONCILIATION AND AGING
| | | | | | | | |
Accounts Receivable Reconciliation | | Amount | | | |
Total Accounts Receivable at the beginning of the reporting period | | $ | 7,045,577 | | | |
+ Amounts billed during the period | | | 2,177,755 | | | |
- Amounts collected during the period | | | (1,455,908) | | | |
- Discounts and Chargeback’s | | | (600,708) | | | |
- Return Credits | | | (20,378) | | | |
- Prompt Pay Discounts | | | (30,055) | | | |
Total Accounts Receivable at the end of the reporting period | | $ | 7,116,283 | | | |
- Provision for discounts | | | (59,679) | | | |
+ Accounts receivable other | | | 22,795 | | | |
Total Accounts Receivable, Net at the end of the reporting period | | $ | 7,079,399 | | | |
Accounts Receivable Aging | | | Amount | | | |
0 - 30 days old | | $ | 5,672,068 | | | |
31 - 60 days old | | | - | | | |
61 - 90 days old | | | 21,440 | | | |
91+ days old | | | 1,422,775 | | | |
Total Accounts Receivable at the end of the reporting period | | $ | 7,116,283 | | | |
- Provision for discounts | | | (59,679) | | | |
+ Accounts receivable other | | | 22,795 | | | |
Total Accounts Receivable, Net at the end of the reporting period | | $ | 7,079,399 | | | |
|
DEBTOR QUESTIONNAIRE |
Must be completed each month | | | Yes | | | No |
1. | | Have any assets been sold or transferred outside the normal course of business this reporting period? If yes, provide an explanation below. | | | | | | X |
2. | | Have any funds been disbursed from any account other than a debtor in possession account this reporting period? If yes, provide an explanation below. | | | | | | X |
3. | | Have all postpetition tax returns been timely filed? If no, provide an explanation below. | | | X | | | |
4. | | Are workers compensation, general liability and other necessary insurance coverages in effect? If no, provide an explanation below. | | | X | | | |
5. | | Has any bank account been opened during the reporting period? If yes, provide documentation identifying the opened account(s). If an investment account has been opened provide the required documentation pursuant to the Delaware Local Rule 4001-3. | | | | | | X |
| | |
SAVIENT_MOR_5 | | FORM MOR-5 |
| (04/07) |
| | |
In re: Savient Pharmaceuticals, Inc., et al | | Case No. 13-12680 (MFW) |
Reporting Period: October 15, 2013 - October 31, 2013 |
SPHI ACCOUNTS RECEIVABLE RECONCILIATION AND AGING
| | | | | | | | |
Accounts Receivable Reconciliation | | | Amount | | | |
NOT APPLICABLE | | $ | - | | | |
| | | | | | |
Accounts Receivable Aging | | | Amount | | | |
NOT APPLICABLE | | $ | - | | | |
| | | | | | |
DEBTOR QUESTIONNAIRE |
Must be completed each month | | | Yes | | | No |
1. | | Have any assets been sold or transferred outside the normal course of business this reporting period? If yes, provide an explanation below. | | | | | | X |
2. | | Have any funds been disbursed from any account other than a debtor in possession account this reporting period? If yes, provide an explanation below. | | | | | | X |
3. | | Have all postpetition tax returns been timely filed? If no, provide an explanation below. | | | X | | | |
4. | | Are workers compensation, general liability and other necessary insurance coverages in effect? If no, provide an explanation below. | | | X | | | |
5. | | Has any bank account been opened during the reporting period? If yes, provide documentation identifying the opened account(s). If an investment account has been opened provide the required documentation pursuant to the Delaware Local Rule 4001-3. | | | | | | X |
| | |
SPHI_MOR_5 | | FORM MOR-5 |
| (04/07) |