Attached files
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| 8-K - 8-K - NUVASIVE INC | d575370d8k.htm |
Exhibit 99.1
PRESS RELEASE
NUVASIVE ANNOUNCES SECOND QUARTER 2013 FINANCIAL RESULTS
| • | Second quarter 2013 revenue of $165.7 million; up 7.3% from second quarter 2012 |
| • | Non-GAAP operating margin of 14.0% |
| • | GAAP net loss of $6.5 million, or $0.15 per share |
| • | Non-GAAP earnings of $9.4 million, or $0.20 per share |
| • | Reiterates 2013 guidance for revenue, non-GAAP operating margin, and non-GAAP earnings per share |
SAN DIEGO, July 30, 2013 - NuVasive, Inc. (Nasdaq: NUVA) a medical device company focused on developing minimally disruptive surgical products and procedures for the spine, announced today financial results for the quarter ended June 30, 2013.
NuVasive reported second quarter 2013 revenue of $165.7 million, a 7.3% increase over the $154.4 million for the second quarter 2012.
Gross profit for the second quarter 2013 was $117.0 million and gross margin was 70.6%. Second quarter 2013 gross margin results reflect the impact of a one-time $7.9 million charge related to royalty accruals in connection with Phase I of the Company’s patent litigation with Medtronic. Excluding the charge, gross profit for the second quarter 2013 was $124.9 million and gross margin was 75.4%, compared to a gross profit of $117.9 million and a gross margin of 76.4% for the second quarter 2012.
Total operating expenses for the second quarter 2013 were $116.9 million compared to $104.9 million for the second quarter 2012. The higher operating expenses in the second quarter 2013 resulted primarily from additional costs associated with higher revenue and international infrastructure expansion.
On a GAAP basis, the Company reported a net loss of $6.5 million, or $0.15 per share, for the second quarter 2013.
On a Non-GAAP basis, the Company reported net income of $9.4 million, or $0.20 per share, for the second quarter 2013. The Non-GAAP earnings per share calculations for the second quarter exclude: (i) non-cash stock-based compensation of $8.8 million; (ii) certain intellectual property litigation expenses of $1.5 million; (iii) amortization of intangible assets of $4.9 million; (iv) acquisition related items of $56 thousand; (v) non-cash interest expense on convertible notes of $3.4 million; and (vi) a
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one-time $7.9 million out of period royalty expense charge related to royalty accruals in connection with Phase I of the company’s patent litigation with Medtronic. This ruling set the rates at which the Company is required to accrue royalties for the post-verdict period of time. The $7.9 million reflects the difference between the post-verdict royalty rates determined by the recent ruling and the rates that were being used to calculate litigation royalty expense accruals from September 2011 through March 2013.
Cash, cash equivalents and short and long-term marketable securities were $272.7 million at June 30, 2013.
Alex Lukianov, Chairman and Chief Executive Officer, said, “Results in the first half of 2013 demonstrate solid execution against a multi-year plan, and give us increased confidence in our ability to execute to the full year guidance we have outlined. Importantly, we are cultivating the pillars of NuVasive’s foundation to sustain earnings growth well into the future. NuVasive is changing spine surgery with a proven, share taking strategy of Superior Outcomes, Absolute Responsiveness, and Speed of Innovation. That mission will drive our evolution toward $1 billion in revenue with an improved profitability profile.”
2013 Full Year Financial Guidance:
| • | Revenue of approximately $655 million, unchanged from prior guidance |
| • | GAAP loss per share of approximately $(0.09), compared to income of $0.02 previously |
| • | Non-GAAP EPS of approximately $1.00, unchanged from prior guidance |
| • | Non-GAAP Operating Margin of approximately 14%, unchanged from prior guidance |
| • | GAAP effective tax benefit rate of approximately 30%, compared to a tax expense rate of approximately 80% previously |
Reconciliation of Full Year EPS Guidance
| 2013 Guidance | ||||||||
| Prior 1 | Revised 2 | |||||||
| GAAP earnings (loss) per share guidance |
$ | 0.02 | $ | (0.09) | ||||
| Impact of change from basic to diluted share count |
$ | - | ||||||
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| GAAP earnings (loss) per share, adjusted to diluted share count |
$ | 0.02 | $ | (0.09) | ||||
| Non-cash stock based compensation |
0.45 | 0.45 | ||||||
| Certain intellectual property litigation expenses |
0.06 | 0.06 | ||||||
| Amortization of intangible assets |
0.27 | 0.27 | ||||||
| Acquisition related items 3 |
0.03 | 0.03 | ||||||
| Non-cash interest expense on convertible notes |
0.18 | 0.18 | ||||||
| Out-of-period royalty expense charge |
- | 0.10 | ||||||
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| Non-GAAP earnings per share guidance |
$ | 1.00 | $ | 1.00 | ||||
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| Weighted shares outstanding - basic |
45,500 | 45,500 | ||||||
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| Weighted shares outstanding - diluted |
46,500 | 46,500 | ||||||
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| 1 | Effective tax expense rate of ~80% applied to GAAP earnings and ~40% applied to Non-GAAP adjustments |
| 2 | Effective tax benefit rate of ~30% applied to GAAP earnings and ~40% applied to Non-GAAP adjustments |
| 3 | Acquisition related items include expenses associated with prior M&A activity and as incurred |
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Reconciliation of Non-GAAP Operating Margin %
| 2012 Actuals |
2013 Guidance | |||||||||||
| Prior | Revised | |||||||||||
| Non-GAAP Gross Margin % [A] |
75.3% | ~74.0% | ~75.0% | |||||||||
| Out-of-period royalty expense charge |
- | - | ~(1.2%) | |||||||||
| GAAP Gross Margin |
75.3% | ~74.0% | ~73.8% | |||||||||
| Non-GAAP Operating Expenses [B] |
60.8% | ~60.0% | ~61.0% | |||||||||
| Non-cash stock-based compensation |
4.2% | ~5.5% | ~5.5% | |||||||||
| Certain intellectual property litigation expenses |
0.4% | ~1.0% | ~1.0% | |||||||||
| Amortization of intangible assets |
2.0% | ~3.0% | ~3.0% | |||||||||
| Intangible asset and goodwill impairment charge |
1.5% | - | - | |||||||||
| Acquisition related items* |
0.3% | ~0.3% | ~0.3% | |||||||||
| GAAP Operating Expenses |
69.3% | ~69.8% | ~70.8% | |||||||||
| Non-GAAP Operating Margin % [A-B] |
14.5% | ~14.0% | ~14.0% | |||||||||
| * | Acquisition related items include expenses associated with prior M&A activity and as incurred |
Reconciliation of Non-GAAP Information
Management uses certain Non-GAAP financial measures such as Non-GAAP earnings per share, which exclude non-cash stock-based compensation, certain intellectual property litigation expenses, amortization of intangible assets, intangible asset and goodwill impairment charges, acquisition related items, non-cash interest expense on convertible notes and an out of period royalty expense charge. Management does not consider these costs in evaluating the continuing operations of the Company. Therefore, management calculates the Non-GAAP financial measures provided in this earnings release excluding these costs and uses these Non-GAAP financial measures to enable it to analyze further, and more consistently, the period-to-period financial performance of its core business operations. Management believes that providing investors with these Non-GAAP measures gives them additional important information to enable them to assess, in the same way management assesses, the Company’s current and future continuing operations. These Non-GAAP measures are not in accordance with, or an alternative for, GAAP, and may be different from Non-GAAP measures used by other companies. Set forth below are reconciliations of the Non-GAAP financial measures to the comparable GAAP financial measure.
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Reconciliation of Second Quarter 2013 Results
|
(in thousands, except per share data) |
Pre-Tax Adjustments |
Net of Tax | (Loss) Earnings Per Share |
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| GAAP net loss |
$ | (6,469) | $ | (0.15) | ||||||||
| Impact of change from basic to diluted share count |
0.01 | |||||||||||
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| GAAP net loss, adjusted to diluted share count |
$ | (6,469) | $ | (0.14) | ||||||||
| Non-cash stock-based compensation |
$ | 8,761 | 5,257 | 0.11 | ||||||||
| Certain intellectual property litigation expenses |
1,480 | 888 | 0.02 | |||||||||
| Amortization of intangible assets |
4,913 | 2,948 | 0.06 | |||||||||
| Acquisition related items |
56 | 34 | 0.00 | |||||||||
| Non-cash interest expense on convertible notes |
3,382 | 2,029 | 0.04 | |||||||||
| Out-of-period royalty expense charge |
7,901 | 4,741 | 0.10 | |||||||||
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| Non-GAAP earnings |
$ | 9,428 | $ | 0.20 | ||||||||
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| GAAP weighted shares outstanding - basic and diluted |
44,412 | |||||||||||
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| Non-GAAP weighted shares outstanding - diluted |
46,627 | |||||||||||
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Reconciliation of Year To Date 2013 Results
|
(in thousands, except per share data) |
Pre-Tax Adjustments |
Net of Tax | (Loss) Earnings Per Share |
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| GAAP net loss |
$ | (5,618) | $ | (0.13) | ||||||||
| Impact of change from basic to diluted share count |
0.01 | |||||||||||
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| GAAP net loss, adjusted to diluted share count |
$ | (5,618) | $ | (0.12) | ||||||||
| Non-cash stock-based compensation |
$ | 15,548 | 9,329 | 0.20 | ||||||||
| Certain intellectual property litigation expenses |
2,889 | 1,733 | 0.04 | |||||||||
| Amortization of intangible assets |
9,288 | 5,573 | 0.12 | |||||||||
| Acquisition related items |
2,517 | 1,510 | 0.03 | |||||||||
| Non-cash interest expense on convertible notes |
6,704 | 4,022 | 0.09 | |||||||||
| Out-of-period royalty expense charge |
7,901 | 4,741 | 0.10 | |||||||||
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| Non-GAAP earnings |
$ | 21,290 | $ | 0.46 | ||||||||
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| GAAP weighted shares outstanding - basic and diluted |
44,220 | |||||||||||
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| Non-GAAP weighted shares outstanding - diluted |
45,973 | |||||||||||
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Conference Call
NuVasive will hold a conference call today at 5:30 p.m. ET / 2:30 p.m. PT to discuss the results. The dial-in numbers are 1-877-407-9039 for domestic callers and 1-201-689-8470 for international callers. A live webcast of the conference call will be available online from the investor relations page of the Company’s corporate website at www.nuvasive.com.
After the live webcast, the call will remain available on NuVasive’s website, www.nuvasive.com through August 29, 2013. In addition, a telephone replay of the call will be available until August 13, 2013. The replay dial-in numbers are 1-877-870-5176 for domestic callers and 1-858-384-5517 for international callers. Please use pin number: 417030.
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About NuVasive
NuVasive is an innovative global medical device company that is changing spine surgery with minimally disruptive surgical products and procedurally integrated solutions for the spine. The Company is the 4th largest player in the $8.2 billion global spine market.
NuVasive offers a comprehensive spine portfolio of over 80 unique products developed to improve spine surgery and patient outcomes. The Company’s principal procedural solution is its Maximum Access Surgery, or MAS® platform for lateral spine fusion. MAS provides safe, reproducible, and clinically proven outcomes, and is a highly differentiated solution with fully integrated neuromonitoring, customizable exposure, and a broad offering of application-specific implants and fixation devices designed to address a variety of pathologies.
Having pioneered the lateral approach to spine fusion, NuVasive continues to be at the forefront of the spine industry’s shift toward less invasive solutions. The Company places a large focus on clinical research and support of the Society of Lateral Access Surgery, or SOLAS®, to expand the body of clinical evidence in support of NuVasive’s minimally disruptive solutions and to drive adoption of its techniques. The Company’s dedication to innovation continues to spawn game changing technology such as the PCM® motion preserving disc for the cervical spine, XLIF® Corpectomy for tumor and trauma, and Armada®, which treats adult degenerative scoliosis in a less invasive fashion. The Company has also developed procedural solutions that completely redefine and improve upon traditional procedures like TLIF, PLIF, Posterior Fixation, and ALIF. NuVasive’s solutions are increasingly being adopted internationally, as the Company lays the groundwork to continue growing as a global business and to offer industry-leading, Absolutely Responsive customer service to surgeons world-wide. NuVasive is focused on becoming a $1 Billion Start-UpTM; taking market share by maintaining a commitment to Superior Clinical Outcomes, Speed of Innovation®, and Absolute Responsiveness®.
NuVasive cautions you that statements included in this press release that are not a description of historical facts are forward-looking statements that involve risks, uncertainties, assumptions and other factors which, if they do not materialize or prove correct, could cause NuVasive’s results to differ materially from historical results or those expressed or implied by such forward-looking statements. The potential risks and uncertainties that could cause actual growth and results to differ materially include, but are not limited to: the risk that NuVasive’s revenue or earnings projections may turn out to be inaccurate because of the preliminary nature of the forecasts; the risk of further adjustment to financial results or future financial expectations; unanticipated difficulty in selling products, generating revenue or producing expected profitability; and other risks and uncertainties more fully described in NuVasive’s press releases and periodic filings with the Securities and Exchange Commission. NuVasive’s public filings with the Securities and Exchange Commission are available at www.sec.gov. NuVasive assumes no obligation to update any forward-looking statement to reflect events or circumstances arising after the date on which it was made.
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Investor Contact:
Tina Jacobsen
NuVasive, Inc.
858-320-5215
investorrelations@nuvasive.com
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Media Contact:
Nicole Collins
NuVasive, Inc.
858-909-1907
media@nuvasive.com
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NuVasive, Inc.
Unaudited Condensed Consolidated Statements of Operations
(in thousands, except per share amounts)
| Three Months Ended June 30, | Six Months Ended June 30, | |||||||||||||||
| 2013 | 2012 | 2013 | 2012 | |||||||||||||
| Revenue |
$ | 165,698 | $ | 154,419 | $ | 325,202 | $ | 306,110 | ||||||||
| Cost of goods sold (excluding amortization of purchased technology) |
48,744 | 36,534 | 87,840 | 73,467 | ||||||||||||
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| Gross profit |
116,954 | 117,885 | 237,362 | 232,643 | ||||||||||||
| Operating expenses: |
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| Sales, marketing and administrative |
104,272 | 92,615 | 204,158 | 187,293 | ||||||||||||
| Research and development |
7,712 | 9,335 | 17,407 | 19,323 | ||||||||||||
| Amortization of intangible assets |
4,913 | 2,903 | 9,288 | 5,749 | ||||||||||||
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| Total operating expenses |
116,897 | 104,853 | 230,853 | 212,365 | ||||||||||||
| Interest and other expense, net: |
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| Interest income |
231 | 204 | 403 | 412 | ||||||||||||
| Interest expense |
(6,652) | (6,972) | (13,685) | (13,797) | ||||||||||||
| Other expense, net |
(440) | (551) | (199) | (114) | ||||||||||||
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| Total interest and other expense, net |
(6,861) | (7,319) | (13,481) | (13,499) | ||||||||||||
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| (Loss) income before income taxes |
(6,804) | 5,713 | (6,972) | 6,779 | ||||||||||||
| Income tax (benefit) expense |
(76) | 3,103 | (840) | 3,700 | ||||||||||||
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| Consolidated net (loss) income |
$ | (6,728) | $ | 2,610 | $ | (6,132) | $ | 3,079 | ||||||||
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| Net loss attributable to noncontrolling interests |
$ | (259) | $ | (253) | $ | (514) | $ | (457) | ||||||||
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| Net (loss) income attributable to NuVasive, Inc. |
$ | (6,469) | $ | 2,863 | $ | (5,618) | $ | 3,536 | ||||||||
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| Net (loss) income per share attributable to NuVasive, Inc.: |
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| Basic |
$ | (0.15) | $ | 0.07 | $ | (0.13) | $ | 0.08 | ||||||||
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| Diluted |
$ | (0.15) | $ | 0.06 | $ | (0.13) | $ | 0.08 | ||||||||
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| Weighted average shares outstanding: |
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| Basic |
44,412 | 43,347 | 44,220 | 43,095 | ||||||||||||
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| Diluted |
44,412 | 44,318 | 44,220 | 43,857 | ||||||||||||
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| Stock-based compensation is included in expenses in the following categories: |
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| Sales, marketing and administrative |
$ | 8,278 | $ | 7,737 | $ | 14,703 | $ | 13,879 | ||||||||
| Research and development |
449 | 592 | 791 | 1,057 | ||||||||||||
| Cost of goods sold |
34 | 16 | 54 | 30 | ||||||||||||
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| $ | 8,761 | $ | 8,345 | $ | 15,548 | $ | 14,966 | |||||||||
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7
NuVasive, Inc.
Condensed Consolidated Balance Sheets
(in thousands)
| June 30, 2013 | December 31, 2012 | |||||||
| (Unaudited) | ||||||||
| ASSETS |
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| Current assets: |
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| Cash and cash equivalents |
$ | 58,880 | $ | 123,299 | ||||
| Short-term marketable securities |
113,779 | 138,405 | ||||||
| Accounts receivable, net |
96,314 | 88,958 | ||||||
| Inventory |
137,394 | 126,335 | ||||||
| Deferred tax assets, current |
31,136 | 28,236 | ||||||
| Prepaid expenses and other current assets |
9,016 | 8,516 | ||||||
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| Total current assets |
446,519 | 513,749 | ||||||
| Property and equipment, net |
130,591 | 125,123 | ||||||
| Long-term marketable securities |
100,072 | 84,412 | ||||||
| Intangible assets, net |
97,183 | 101,362 | ||||||
| Goodwill |
154,846 | 154,106 | ||||||
| Deferred tax assets |
37,677 | 40,575 | ||||||
| Restricted cash and investments |
119,048 | 118,995 | ||||||
| Other assets |
22,248 | 25,463 | ||||||
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| Total assets |
$ | 1,108,184 | $ | 1,163,785 | ||||
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| LIABILITIES AND EQUITY |
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| Current liabilities: |
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| Accounts payable and accrued liabilities |
$ | 78,298 | $ | 62,048 | ||||
| Accrued payroll and related expenses |
21,936 | 27,916 | ||||||
| Senior Convertible Notes, current |
- | 74,311 | ||||||
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| Total current liabilities |
100,234 | 164,275 | ||||||
| Senior Convertible Notes |
339,108 | 332,404 | ||||||
| Deferred tax liabilities |
3,125 | 3,129 | ||||||
| Litigation liability |
93,700 | 101,200 | ||||||
| Other long-term liabilities |
14,838 | 15,199 | ||||||
| Commitments and contingencies |
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| Noncontrolling interests |
- | 10,003 | ||||||
| Stockholders’ equity: |
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| Preferred stock |
- | - | ||||||
| Common stock |
45 | 44 | ||||||
| Additional paid-in capital |
734,796 | 714,865 | ||||||
| Accumulated other comprehensive (loss) income |
(3,413) | 786 | ||||||
| Accumulated deficit |
(183,738) | (178,120) | ||||||
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| Total NuVasive, Inc. stockholders’ equity |
547,690 | 537,575 | ||||||
| Noncontrolling interests |
9,489 | - | ||||||
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| Total equity |
557,179 | 537,575 | ||||||
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| Total liabilities and equity |
$ | 1,108,184 | $ | 1,163,785 | ||||
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NuVasive, Inc.
Unaudited Condensed Consolidated Statements of Cash Flows
(in thousands)
| Six Months Ended June 30, | ||||||||
| 2013 | 2012 | |||||||
| Operating activities: |
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| Consolidated net (loss) income |
$ | (6,132) | $ | 3,079 | ||||
| Adjustments to reconcile net (loss) income to net cash provided by operating activities: |
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| Depreciation and amortization |
30,341 | 25,313 | ||||||
| Amortization of debt discount |
6,704 | 6,233 | ||||||
| Amortization of debt issuance costs |
865 | 912 | ||||||
| Stock-based compensation |
15,548 | 14,966 | ||||||
| Allowance for doubtful accounts and sales return reserve |
379 | 1,622 | ||||||
| Allowance for excess and obsolete inventory, net of write-offs |
1,404 | 1,275 | ||||||
| Other non-cash adjustments |
4,175 | 3,541 | ||||||
| Changes in operating assets and liabilities, net of effects from acquisitions: |
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| Accounts receivable |
(8,443) | 671 | ||||||
| Inventory |
(13,680) | (10,967) | ||||||
| Prepaid expenses and other current assets |
(1,722) | 12,185 | ||||||
| Accounts payable and accrued liabilities |
8,830 | 8,902 | ||||||
| Accrued payroll and related expenses |
(5,885) | (1,973) | ||||||
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| Net cash provided by operating activities |
32,384 | 65,759 | ||||||
| Investing activities: |
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| Cash paid for business and asset acquisitions |
(7,719) | (7,917) | ||||||
| Purchases of property and equipment |
(26,209) | (23,930) | ||||||
| Purchases of marketable securities |
(136,988) | (110,915) | ||||||
| Sales of marketable securities |
145,014 | 144,427 | ||||||
| Purchases of restricted investments |
- | (113,126) | ||||||
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| Net cash used in investing activities |
(25,902) | (111,461) | ||||||
| Financing activities: |
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| Principal payment of 2013 Senior Convertible Notes |
(74,311) | - | ||||||
| Tax benefits related to stock-based compensation awards |
1,261 | - | ||||||
| Proceeds from the issuance of common stock |
3,123 | 3,094 | ||||||
| Other assets |
26 | 242 | ||||||
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| Net cash (used in) provided by financing activities |
(69,901) | 3,336 | ||||||
| Effect of exchange rate changes on cash |
(1,000) | 30 | ||||||
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| (Decrease) increase in cash and cash equivalents |
(64,419) | (42,336) | ||||||
| Cash and cash equivalents at beginning of period |
123,299 | 163,492 | ||||||
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| Cash and cash equivalents at end of period |
$ | 58,880 | $ | 121,156 | ||||
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