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Cumberland Pharmaceuticals Reports First Quarter 2010 Earnings

- Acetadote sNDA for acute liver failure accepted for review by FDA

-- Caldolor now available for compassionate use in Australia


News provided by

Cumberland Pharmaceuticals Inc.

May 13, 2010, 04:00 ET

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NASHVILLE, Tenn., May 13 /PRNewswire-FirstCall/ -- Cumberland Pharmaceuticals Inc. (Nasdaq: CPIX), a specialty pharmaceutical company focused on the hospital acute care and gastroenterology markets, today announced first quarter 2010 financial results.

"We remain focused on gaining widespread hospital formulary approval for Caldolor and our efforts are producing meaningful results," said A.J. Kazimi, Chief Executive Officer of Cumberland Pharmaceuticals. "We will continue to extend our products into new markets and seek expanded labeling where new indications warrant. Our balance sheet remains strong following our initial public offering in 2009, and we are actively pursuing opportunities to selectively build our product portfolio."

Net Revenue:  For the three months ended March 31, 2010, net revenue was $10.1 million, an increase of $0.7 million over the same period in 2009. Net revenue by product was $7.7 million for Acetadote® (acetylcysteine) Injection and $2.3 million for Kristalose® (lactulose) for Oral Solution. Net revenue attributable to Caldolor® (ibuprofen) Injection, which was launched in September 2009, was $19,000.

Operating Expenses:  Total operating expenses for the three months ended March 31, 2010 were $9.3 million, compared with $7.3 million for the same period in 2009. This increase was due primarily to sales and marketing expense associated with the expansion of the Company's hospital sales force in connection with the launch of Caldolor.

Net Income:  Net income for the three months ended March 31, 2010, was $0.3 million, or $0.02 per diluted share, compared to $1.2 million, or $0.08 per diluted share, for the same period in 2009. The decrease in earnings per share was due to the increase in costs associated with the Company's hospital sales force expansion and was also impacted by an increase in shares outstanding as a result of the Company's initial public offering. Weighted-average diluted shares outstanding at March 31, 2010 was 21.4 million, up from 16.1 million at March 31, 2009.

EBITDA:  Earnings Before Interest, Taxes, Depreciation and Amortization (EBITDA) for the three months ended March 31, 2010 was $1.0 million compared with $2.3 million for the same period in the prior year. Excluding $0.1 million and $0.2 million in non-cash stock compensation expense for the three months ended March 31, 2010 and 2009, respectively, adjusted EBITDA was $1.2 million and $2.5 million, respectively.

Balance Sheet:  As of March 31, 2010, Cumberland had $73.8 million in cash and cash equivalents, compared to $78.7 million as of December 31, 2009. Total assets as of March 31, 2010 were $98.7 million compared with $103.7 million at December 31, 2009. The decreases in cash and total assets were primarily related to scheduled debt repayments. A large majority of proceeds from the Company's initial public offering remain available for planned expansion of the Company's product portfolio and further product development support.

QUARTER HIGHLIGHTS

Supplemental New Drug Application for Acetadote

In March 2010, Cumberland submitted a supplemental new drug application (sNDA) to the U.S. Food and Drug Administration (FDA) for the use of Acetadote in patients with non-acetaminophen induced acute liver failure. The sNDA includes data from a clinical trial led by investigators at the University of Texas Southwestern Medical Center indicating that acute liver failure patients treated with Acetadote have a significantly improved chance of survival without a transplant. This data also indicates that patients can survive a significant number of days longer without transplant, providing those who require transplant increased time for a donor organ to become available.

RECENT DEVELOPMENTS

FDA Accepts Acetadote sNDA for Review

In May 2010, the FDA officially accepted the Company's aforementioned sNDA for Acetadote and granted a priority review. In addition to expanded labeling for Acetadote, the Company has requested additional exclusivity for the product. If approved, Cumberland expects to begin marketing Acetadote for the new indication in 2011.

International Markets

License Agreement for Caldolor in Canada

In April 2010, Cumberland entered into an exclusive agreement with Alveda Pharmaceuticals Inc., a Toronto-based specialty pharmaceutical company, for the commercialization of Caldolor in Canada. Under the agreement, Alveda will seek Canadian regulatory approval for Caldolor and, upon approval, will handle ongoing regulatory requirements as well as product marketing, distribution and sales throughout Canada. Cumberland will maintain responsibility for product formulation, development and manufacturing. In exchange for the license to the product, Cumberland will receive royalties on future sales of Caldolor in addition to upfront and milestone payments as well as a transfer price.

Caldolor Launched for Compassionate Use in Australia

In December 2009, Cumberland entered into an exclusive agreement with Phebra Pty Ltd., an Australian-based specialty pharmaceutical company, for distribution of Caldolor in Australia and New Zealand. In April 2010, Phebra made the product available in Australia for compassionate use. The Therapeutics Goods Administration (TGA), which regulates drugs and medical devices in Australia, operates compassionate use programs that allow patients with critical clinical need to access products not yet approved through their medical practitioner. Phebra is also planning to submit an application to the TGA for regulatory approval of Caldolor.

Acetadote Approved for Marketing in Australia

In April 2010, the Therapeutic Goods Administration approved Acetadote for marketing in Australia. Cumberland previously granted an exclusive license to Phebra Pty Ltd. to commercialize Acetadote in Australia. Phebra is now preparing for the Australian launch of the product, which it expects to commence this year.

Under their agreement, Phebra is responsible for ongoing regulatory requirements, marketing, distribution and sales of Acetadote in Australia, New Zealand and the Asia Pacific while Cumberland maintains responsibility for product formulation, development and manufacturing. Cumberland receives milestone payments, a transfer price and royalties on future sales in exchange for the product license.

Share Repurchase Program

In May 2010, Cumberland's Board of Directors approved a share repurchase program that authorizes the Company to repurchase up to $10 million of its outstanding common shares.  Purchases will be made from time-to-time, at the Company's discretion, on the open market over a period of several months. Any share repurchases will be funded by excess cash flow. The Board believes the repurchase program demonstrates its confidence in Cumberland's long-term potential and that the Company's shares are currently undervalued, and as such that the shares represent an attractive investment alternative.

SUPPLEMENTAL FINANCIAL INFORMATION

The following table presents a reconciliation of Cumberland's net income to EBITDA and adjusted EBITDA. The Company defines EBITDA as net income plus interest, income tax, depreciation and amortization, and presents these measures to assist investors in evaluating Cumberland's operating performance and comparing the Company's results with those of other companies. EBITDA and adjusted EBITDA should not be considered in isolation from or as a substitute for net income.




Three Months Ended March 31,



2010


2009






Net income


$         313,498


$     1,205,851

Income tax expense


211,737


831,059

Depreciation & amortization


231,332


196,059

Interest expense, net


285,273


80,115

EBITDA


1,041,840


2,313,084

Adjustments:





  Non-cash stock compensation


135,899


157,062

Adjusted EBITDA


$      1,177,739


$     2,470,146







CONFERENCE CALL AND WEBCAST

A conference call and live webcast will be held on Thursday, May 13, 2010, at 5:00 p.m. Eastern Time to discuss the Company's first quarter 2010 financial results. To participate on the call, please dial 877-303-1298 (for U.S. callers) or 253-237-1032 (for international callers). A rebroadcast of the teleconference will be available for one week and can be accessed by dialing 800-642-1687 (for U.S. callers) or 706-645-9291 (for international callers). The Conference ID for the rebroadcast is 72042780. The live webcast and rebroadcast can be accessed via Cumberland Pharmaceuticals' website at http://investor.shareholder.com/cpix/events.cfm.

ABOUT CUMBERLAND PHARMACEUTICALS

Cumberland Pharmaceuticals Inc. is a Tennessee-based specialty pharmaceutical company focused on the acquisition, development and commercialization of branded prescription products. The Company's primary target markets include hospital acute care and gastroenterology. Cumberland's product portfolio includes Acetadote® (acetylcysteine) Injection for the treatment of acetaminophen poisoning, Caldolor® (ibuprofen) Injection, the first injectable treatment for pain and fever available in the United States, and Kristalose® (lactulose) for Oral Solution, a prescription laxative. Cumberland is dedicated to providing innovative products which improve quality of care for patients. For more information on Cumberland Pharmaceuticals, please visit the Company's website at www.cumberlandpharma.com.

ABOUT CALDOLOR

Caldolor is indicated for the management of mild to moderate pain and management of moderate to severe pain as an adjunct to opioid analgesics, as well as the reduction of fever in adults. It is the first FDA-approved intravenous therapy for fever. Caldolor is contraindicated in patients with known hypersensitivity to ibuprofen or other NSAIDs, patients with asthma, urticaria, or allergic type reactions after taking aspirin or other NSAIDs. Caldolor is contraindicated for use during the peri-operative period in the setting of coronary artery bypass graft (CABG) surgery. Caldolor should be used with caution in patients with prior history of ulcer disease or GI bleeding, in patients with fluid retention or heart failure, in the elderly, those with renal impairment, heart failure, liver impairment, and those taking diuretics or ACE inhibitors. Blood pressure should be monitored during treatment with Caldolor.  For full prescribing information, including boxed warning, visit www.caldolor.com.

ABOUT ACETADOTE

Acetadote is used in the emergency department to prevent or lessen potential liver damage resulting from an overdose of acetaminophen, a common ingredient in many over-the-counter painkillers. It is the only approved injectable product in the United States for the treatment of acetaminophen overdose, the leading cause of poisonings presenting in emergency departments in the country(1).  Acetadote is contraindicated in patients with hypersensitivity or previous anaphylactoid reactions to acetylcysteine or any components of the preparation. Serious anaphylactoid reactions, including death in a patient with asthma, have been reported in patients administered acetylcysteine intravenously. Acetadote should be used with caution in patients with asthma, or where there is a history of bronchospasm. The total volume administered should be adjusted for patients less than 40 kg and for those requiring fluid restriction. To avoid fluid overload, the volume of diluent should be reduced as needed. If volume is not adjusted, fluid overload can occur, potentially resulting in hyponatremia, seizure, and death.  For full prescribing information, visit www.acetadote.net.

(1) National Poison Data System, American Association of Poison Control Centers

ABOUT KRISTALOSE

Kristalose is indicated for the treatment of acute and chronic constipation.  It is a unique, proprietary, crystalline form of lactulose, with no restrictions on length of therapy or patient age. Initial dosing may produce flatulence and intestinal cramps, which are usually transient.  Excessive dosage can lead to diarrhea with potential complications such as loss of fluids, hypokalemia and hypernatremia.  Nausea and vomiting have been reported.  Use with caution in diabetics.  Kristalose is contraindicated in patients who require a low-galactose diet.  Elderly, debilitated patients who receive lactulose for more than six months should have serum electrolytes (potassium, chloride, carbon dioxide) measured periodically. For full prescribing information, visit www.kristalose.com.

FORWARD LOOKING STATEMENTS

This press release contains forward-looking statements, which are subject to certain risks and reflect Cumberland's current views on future events based on what it believes are reasonable assumptions. No assurance can be given that these events will occur. As with any business, all phases of Cumberland's operations are subject to factors outside its control, and any one or combination of these factors could materially affect Cumberland's results of operations. These factors include market conditions, competition, an inability of manufacturers to produce Cumberland's products on a timely basis or a failure of manufacturers to comply with regulations applicable to pharmaceutical manufacturers, maintaining an effective sales and marketing infrastructure and other factors set forth under the headings "Risk factors" and "Management's discussion and analysis of financial condition and results of operations" in Cumberland's Form 10-K filed with the SEC on March 19, 2010. There can be no assurance that results anticipated by the Company will be realized or that they will have the expected effects. Readers are cautioned not to place undue reliance on forward-looking statements, which speak only as of the date hereof. The Company does not undertake any obligation to publicly revise these statements to reflect events after the date hereof.

CUMBERLAND PHARMACEUTICALS INC. AND SUBSIDIARIES

Condensed Consolidated Balance Sheets

(Unaudited)










March 31,


December 31,


2010


2009

ASSETS








Current assets:




Cash and cash equivalents

$ 73,752,814


$   78,701,682

Accounts receivable, net of allowances

3,814,947


6,176,585

Inventories

7,406,402


4,822,873

Other current assets

3,369,809


3,472,455





Total current assets

88,343,972


93,173,595





Property and equipment, net

948,580


918,412

Intangible assets, net

7,818,394


7,956,009

Other assets

1,578,723


1,676,304





Total assets

$ 98,689,669


$  103,724,320





LIABILITIES AND EQUITY








Current liabilities:




Current portion of long-term debt

$   6,000,000


$     9,061,973

Current portion of other long-term obligations

88,739


144,828

Accounts payable

6,813,974


5,632,796

Other accrued liabilities

2,556,585


3,784,777





Total current liabilities

15,459,298


18,624,374





Revolving line of credit

1,825,951


1,825,951

Long-term debt, excluding current portion

7,438,027


8,938,027

Other long-term obligations, excluding current portion

181,455


184,632





Total liabilities

24,904,731


29,572,984





Commitments and contingencies








Redeemable common stock

100,000


1,930,000





Equity:




Shareholders' equity:




Common stock - no par value; 100,000,000 shares authorized; 20,413,605(1) and 20,180,486(1) shares issued and outstanding as of March 31, 2010 and December 31, 2009, respectively

68,861,850


67,711,746

Retained earnings

4,865,704


4,542,126

Total shareholders' equity

73,727,554


72,253,872





Noncontrolling interests

(42,616)


(32,536)

Total equity

73,684,938


72,221,336





Total liabilities and equity

$ 98,689,669


$  103,724,320





(1) Number of shares issued and outstanding represent total shares of common stock regardless of classification on the consolidated balance sheet. The number of shares of redeemable common stock at March 31, 2010 and December 31, 2009 was 9,497 and 142,016, respectively.










CUMBERLAND PHARMACEUTICALS INC. AND SUBSIDIARIES

Condensed Consolidated Statements of Income

(Unaudited)





Three Months Ended March 31,






2010


2009









Net revenues





$ 10,130,652


$   9,404,599









Costs and expenses:








Cost of products sold





859,288


733,218

Selling and marketing





5,607,512


4,140,187

Research and development





773,868


770,117

General and administrative





1,881,203


1,444,863

Amortization of product license right




171,726


171,726

Other





26,547


27,463

Total costs and expenses





9,320,144


7,287,574









Operating income





810,508


2,117,025









Interest income





60,679


17,596

Interest expense





(345,952)


(97,711)









Income before income tax expense




525,235


2,036,910









Income tax expense





(211,737)


(831,059)









Net income





313,498


1,205,851









Net loss attributable to noncontrolling interests


10,080


12,239









Net income attributable to common shareholders


$     323,578


$   1,218,090









Earnings per share attributable to common shareholders





- Basic





$           0.02


$           0.12

- Diluted





$           0.02


$           0.08

Weighted-average shares outstanding





- Basic





20,233,267


10,321,175

- Diluted





21,395,419


16,127,240










CUMBERLAND PHARMACEUTICALS INC. AND SUBSIDIARIES

Condensed Consolidated Statements of Cash Flows

(Unaudited)






Three Months Ended March 31,





2010


2009








Cash flows from operating activities:





Net income

$        313,498


$    1,205,851


Adjustments to reconcile net income to net cash flows from operating activities:





Depreciation and amortization expense

231,332


196,059



Nonemployee equity compensation

3,972


37,760



Stock-based compensation - employee stock options

130,915


143,902



Excess tax benefit derived from exercise of stock options

(206,418)


(2,842,825)



Noncash interest expense

67,380


14,256



Net changes in assets and liabilities affecting operating activities:







Accounts receivable

2,361,638


(267,892)




Inventory

(2,583,529)


415,948




Other current assets and other assets

132,847


955,169




Accounts payable and other accrued liabilities

127,104


(1,187,558)




Other long-term obligations

(59,266)


(405,801)



Net cash provided by (used in) operating activities

519,473


(1,735,131)








Cash flows from investing activities:





Additions to property and equipment

(64,085)


(15,601)


Additions to patents

-


(16,345)



Net cash used in investment activities

(64,085)


(31,946)








Cash flows from financing activities:





Costs of initial public offering

-


(114,428)


Principal payments on note payable

(4,561,973)


-


Costs of financing for long-term debt and credit facility

(27,500)


(15,475)


Proceeds from exercise of stock options

807,496


4,296


Excess tax benefit derived from exercise of stock options

206,418


2,842,825


Payments made in connection with repurchase of common shares

(1,828,697)


(2,707,419)



Net cash (used in) provided by financing activities

(5,404,256)


9,799










Net decrease in cash and cash equivalents

(4,948,868)


(1,757,278)








Cash and cash equivalents at beginning of period

78,701,682


11,829,551








Cash and cash equivalents at end of period

$   73,752,814


$   10,072,273








Supplemental disclosure of cash flow information:





Cash paid during the year for:






Interest

$        276,288


$         33,517



Income taxes

12,376


80,000

Non-cash investing and financing activities:





Increase in accounts payable and accrued expenses of initial public offering

-


5,311
















SOURCE Cumberland Pharmaceuticals Inc.

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