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VIVUS Reports 2009 Fourth Quarter and Full-Year Financial Results

Major Milestone Advancement of Late-Stage Development Programs in Obesity and Erectile Dysfunction

MOUNTAIN VIEW, Calif., March 8, 2010 /PRNewswire via COMTEX News Network/ -- VIVUS, Inc. (Nasdaq: VVUS) today reported its financial results for the fourth quarter and year ended December 31, 2009.

"This past year was transformational for VIVUS given the significant achievements in both the Qnexa and avanafil investigational product programs, which are being developed to address the obesity and erectile dysfunction markets with highly differentiated products that address unmet needs," stated Leland Wilson, chief executive officer of VIVUS. "We look forward to continued clinical and regulatory momentum in 2010 as we continue to work with the FDA during the review of the Qnexa NDA and as we report additional avanafil pivotal data."

Fourth Quarter Results

Product revenues from the sale of MUSE in the fourth quarter of 2009 were $8.5 million as compared to $7.8 million in the fourth quarter of 2008, primarily due to a modest increase in shipments and an increase in domestic prices in 2009. Total revenue for the fourth quarter of 2009 was $8.6 million, as compared to $28.8 million for the fourth quarter of 2008. The decrease in total revenue in the fourth quarter of 2009 compared to the fourth quarter last year was primarily due to the inclusion of deferred license revenue from the sale of Evamist in the fourth quarter of 2008. There was no deferred license revenue recognized in the fourth quarter of 2009 as the monthly Evamist deferred revenue recognition ended in May 2009.

Net loss for the fourth quarter of 2009 was $13.2 million, or $0.16 per share, compared to $6.7 million, or $0.10 per share, for the same period last year. The increase in net loss in the fourth quarter of 2009 as compared to the fourth quarter of 2008 predominantly results from the completion of the monthly recognition of the Evamist deferred revenue in 2009 and to a lesser extent, decreased research and development spending due to the completion of the phase 3 clinical trials for Qnexa for the treatment of obesity. In the fourth quarter of 2009, VIVUS also recorded a $2.4 million benefit for income taxes primarily due to a carryback claim of losses generated in 2008 that allowed us to obtain a refund of Federal income taxes paid in 2007.

Year End Results

MUSE revenues of $18.2 million for 2009 were consistent with the $18.1 million recognized in 2008. For 2009, total revenues were $50 million, as compared to $102.2 million for 2008. The decrease in total revenues is mainly due to the last portion of K-V deferred license revenue from the sale of Evamist being recognized in 2009 as compared to 2008, where the company recognized a full year of deferred revenue. Net loss for 2009 was $54.3 million, or $0.75 per share, compared to a net loss of $9.9 million, or $0.16 per share, for 2008. The increase in the net loss is primarily due to a decrease in license and other revenue related to the Evamist transaction. The decrease in operating expenses in 2009 as compared to 2008 was primarily attributable to reduced spending on Qnexa for obesity clinical trials, partially offset by increased spending related to the company's phase 3 clinical trials of avanafil for the treatment of erectile dysfunction, increased selling, general and administrative expense primarily due to Qnexa pre-commercialization expenses and an increase in non-cash share-based compensation expense. In addition, VIVUS had a reduction in other-than-temporary impairment losses in 2009 as compared to 2008.

Cash, Cash Equivalents and Available-for-Sale Securities

VIVUS had cash, cash equivalents and available-for-sale securities of $207 million at December 31, 2009, as compared to $189.2 million at December 31, 2008. The increase in cash, cash equivalents and available-for-sale securities of $17.8 million consists of $102.7 million in net proceeds from the underwritten public offering of our common stock and $10 million in cash from the Deerfield financing offset by cash used in operations and other net cash uses of $94.9 million.

Recent Clinical Development Highlights:

"The milestones achieved in 2009 are evidence of VIVUS' commitment to executing on our well-defined business strategy," added Peter Tam, president of VIVUS. "In 2010, we will focus on advancing our pre-commercial and business development initiatives along with executing our clinical and regulatory development plans in both the U.S. and abroad."

About VIVUS

VIVUS is a biopharmaceutical company developing innovative, next-generation therapies to address unmet needs in obesity, sleep apnea, diabetes and sexual health. The company's lead investigational product in clinical development, Qnexa(R), has completed phase 3 clinical trials for the treatment of obesity and an NDA has been filed and accepted by the FDA, with an action date of October 28, 2010. Qnexa is also in phase 2 clinical development for the treatment of type 2 diabetes and obstructive sleep apnea. In the area of sexual health, VIVUS is in phase 3 development with avanafil, a potentially best-in-class PDE5 inhibitor for the treatment of erectile dysfunction, and in phase 2 development of Luramist(TM) for the treatment of hypoactive sexual desire disorder (HSDD) in women. MUSE(R) (alprostadil), a first generation therapy for the treatment of ED, is already commercially available and generating revenue for VIVUS. For more information about the company, please visit www.vivus.com.

Note to Investors

As previously announced, VIVUS will hold a conference call and an audio webcast to discuss the fourth quarter and year end financial results today, March 8, 2010, beginning at 1:30 p.m. Pacific Time. You can listen to this call by dialing 1-877-359-2916 and outside the U.S. 1-224-357-2386. A webcast replay will be available for 30 days and can be accessed at http://ir.vivus.com/.

Certain statements in this press release are forward-looking within the meaning of the Private Securities Litigation Reform Act of 1995. These statements may be identified by the use of forward-looking words such as "anticipate," "believe," "forecast," "estimated" and "intend," among others. These forward-looking statements are based on VIVUS' current expectations and actual results could differ materially. There are a number of factors that could cause actual events to differ materially from those indicated by such forward-looking statements. These factors include, but are not limited to, substantial competition; uncertainties of patent protection and litigation; uncertainties of government or third party payer reimbursement; reliance on sole source suppliers; limited sales and marketing efforts and dependence upon third parties; risks related to the development of innovative products; and risks related to failure to obtain FDA clearances or approvals and noncompliance with FDA regulations. As with any pharmaceutical under development, there are significant risks in the development, regulatory approval and commercialization of new products. There are no guarantees that future clinical studies discussed in this press release will be completed or successful or that any product will receive regulatory approval for any indication or prove to be commercially successful. VIVUS does not undertake an obligation to update or revise any forward-looking statement. Investors should read the risk factors set forth in VIVUS' Form 10-K for the year ended December 31, 2008 and periodic reports filed with the Securities and Exchange Commission.



                                    VIVUS, Inc.
                 CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS
                     (in thousands, except per share amounts)

                           Three Months Ended             Years Ended
                           ------------------             -----------
                      December 31,  December 31,   December 31,  December 31,
                         2009          2008           2009          2008*
                         ----          ----           ----          -----
                     (unaudited)    (unaudited)    (unaudited)
    Revenue:

     US product, net     $7,711        $7,189       $15,836        $14,974
     International product  822           565         2,347          3,076
     License and other
      revenue               116        21,045        31,858         84,183
                       --------       --------     ---------      --------

        Total revenue     8,649        28,799        50,041        102,233

    Operating expenses:

     Cost of goods sold
      and manufacturing   3,861         3,693        11,950         11,956
     Research and
      development        13,574        22,700        71,075         76,996
     Selling, general and
      administrative      6,059         5,805        21,033         18,904
                       --------       --------     ---------      --------

        Total operating
         expenses        23,494        32,198       104,058        107,856
                       --------       --------     ---------      --------

    Loss from
     operations         (14,845)       (3,399)      (54,017)        (5,623)

    Interest (expense)
     income, net of
     other-than-temporary
     loss on impaired
     securities            (816)       (3,306)       (2,714)        (4,314)
                       --------       --------     ---------      --------

    Loss before benefit

     (provision) for
     income taxes       (15,661)       (6,705)      (56,731)        (9,937)

    Benefit (provision)
     for income taxes     2,449            12         2,440             (3)
                       --------       --------     ---------      --------

        Net loss       $(13,212)      $(6,693)     $(54,291)       $(9,940)
                       ========       ========     =========      ========

    Net loss per share:

        Basic and
         diluted         $(0.16)       $(0.10)       $(0.75)        $(0.16)

    Shares used in per
     share computation:

        Basic and
         diluted         80,581        69,454        72,779         63,724


    *The Condensed Consolidated Statement of Operations at  December 31, 2008
    has been derived from the Company's audited financial statements at that
    date.



                                    VIVUS, Inc.
                      CONDENSED CONSOLIDATED BALANCE SHEETS
                     (in thousands, except par value amount)

                                              December 31       December 31
                                                 2009              2008*
                                                 ----              -----
                                             (unaudited)
    Current assets:

     Cash and cash equivalents                 $40,750            $66,121
     Available-for-sale securities             166,241            121,789
     Accounts receivable, net                    7,259              4,157
     Inventories, net                            2,702              3,041
     Prepaid expenses and other assets           6,410              3,744
                                              --------           --------
        Total current assets                   223,362            198,852
    Property and equipment, net                  5,970              6,726
    Restricted cash                                700                700
    Available-for-sale securities                    -              1,344
                                              --------           --------
        Total assets                          $230,032           $207,622
                                              ========           ========

    Current liabilities:

     Accounts payable                          $8,485             $17,205
     Deferred revenue                             463              31,858
     Accrued and other liabilities             13,562              14,909
                                             --------            --------
        Total current liabilities              22,510              63,972

    Notes payable-net of current portion       19,998              11,177
    Deferred revenue                              798               1,260
                                             --------            --------
        Total liabilities                      43,306              76,409
                                             --------            --------

    Commitments and contingencies

    Stockholders' equity:

     Common stock; $.001 par value;
      shares authorized 200,000;
      shares outstanding - 80,607 at
      December 31, 2009; 69,667
      at December 31, 2008;                        81                  70

     Additional paid-in capital               420,708             310,558
     Accumulated other comprehensive
      income (loss)                                (3)                354
     Accumulated deficit                     (234,060)           (179,769)
                                             --------            --------
        Total stockholders' equity            186,726             131,213

        Total liabilities and
         stockholders' equity                $230,032            $207,622
                                             ========            ========


    *The Condensed Consolidated Balance Sheet at December 31, 2008 has been
    derived from the Company's audited financial statements at that date.


    CONTACT:
    --------
    VIVUS, Inc.                Investor Relations:  The Trout Group
    Timothy E. Morris                               Brian Korb
    Chief Financial Officer                         646-378-2923
    650-934-5200
                               Media Relations:     Pure Communications, Inc.
                                                    Sheryl Seapy
                                                    949-608-0841



SOURCE VIVUS, Inc.

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