CONTACT:
Acura Pharmaceuticals, Inc.
Peter A. Clemens, SVP Investor Relations & CFO
(847-705-7709)
FOR IMMEDIATE RELEASE

ACURA PHARMACEUTICALS, INC.
REPORTS
THIRD QUARTER 2007 FINANCIAL RESULTS
Palatine, IL, November 2, 2007:
Acura Pharmaceuticals, Inc. (OTC.BB-ACUR)
today announced a net loss of $2.5 million or $0.01 per share for the
quarter ended September 30, 2007 compared to a net loss of $3.1 million
or $0.01 per share for the same period in 2006. Included in the 2007
and 2006 quarterly results are non cash compensation expenses of $0.2
million and $0.9 million, respectively, relating to the Company’s issued
and outstanding stock options and restricted stock units. Additionally,
the 2007 three month results include non-cash expenses of $0.8 million
for losses on common stock warrants and amortization of debt discount
relating to the Company's bridge loans.
For the nine months ended September 30, 2007
the Company had a net loss of $13.8 million or $0.04 per share compared
to a net loss of $9.9 million or $0.03 per share in 2006. Included in
the 2007 and 2006 nine month results are a non cash compensation expense
of $0.9 million and $5.0 million, respectively, primarily relating to
the Company’s issued and outstanding stock options and restricted stock
units. Additionally, the 2007 nine month results include non-cash
expenses of $8.1 million for losses on common stock warrants and fair
value changes in conversion features, and amortization of debt discount
relating to the Company's bridge loans.
The Company’s consolidated balance sheets
and statements of operations appear below. Detailed financial
statements are included in the Company’s Form 10-Q filed today with the
Securities and Exchange Commission.
Subsequent Events
On October 30, 2007, the Company and King
Pharmaceuticals Research and Development, Inc., a subsidiary of King
Pharmaceuticals, Inc., entered into a License, Development and
Commercialization Agreement (the "Agreement") for the United States,
Canada, and Mexico (the “Territory”) encompassing a potentially wide
range of opioid analgesic products utilizing Acura’s patented Aversion®
(abuse-deterrent) Technology platform. The Agreement provides King with
an exclusive license in the Territory for ACUROX™ Tablets (formerly
OxyADF) and another undisclosed opioid product utilizing Acura's
Aversion® Technology. In addition, the Agreement provides King with an
option to license in the Territory all future opioid analgesic products
developed utilizing Acura's Aversion® Technology. The closing of the
Agreement is subject to clearance under the Hart-Scott-Rodino Antitrust
Improvements Act. Upon the closing of the Agreement, the Company will
pay off its $5 million secured term note. Please refer to the Company’s
Form 8-K filed with the Securities and Exchange Commission on November
2, 2007 for a further description of the Agreement.
On October 31, 2007 the Company announced it
will effect a 1 for 10 reverse stock split of the Company’s common
stock. The reverse stock split is expected to take effect on or about
December 5, 2007, subject to compliance with OTC Bulletin Board
requirements. Please refer to the Company’s Form 8-K filed with the
Securities and Exchange Commission on October 31, 2007 for a further
description of the reverse stock split.
About Acura Pharmaceuticals, Inc.
Acura Pharmaceuticals, Inc. is a specialty
pharmaceutical company engaged in research, development and manufacture
of innovative Aversion® (abuse deterrent) Technology and related product
candidates.
Forward Looking Statements
This
press release contains "forward-looking statements" as defined in the
Private Securities Litigation Reform Act of 1995. These statements are
based on current expectations of future events. If underlying
assumptions prove inaccurate or unknown risks or uncertainties
materialize, actual results could vary materially from the Company’s
expectations and projections. The most significant of such risks and
uncertainties include, but are not limited to, the Company’s ability to
successfully close the transaction executed with King Pharmaceuticals
Research and Development Inc. on October 30, 2007, and enter into
additional contractual arrangements with qualified pharmaceutical
partners to license, develop and commercialize the Company’s technology
and product candidates, the Company’s ability to avoid infringement of
patents, trademarks and other proprietary rights or trade secrets of
third parties, and the Company’s ability to fulfill the FDA’s
requirements for approving the Company’s product candidates for
commercial distribution in the United States, including, without
limitation, the adequacy of the results of the clinical studies
completed to date and the results of other clinical studies, to support
FDA approval of the Company’s product candidates, the adequacy of the
development program for the Company’s product candidates, changes in
regulatory requirements, adverse safety findings relating to the
Company’s product candidates, the risk that the FDA may not agree with
the Company’s analysis of its clinical studies and may evaluate the
results of these studies by different methods or conclude that the
results of the studies are not statistically significant, clinically
meaningful or that there were human errors in the conduct of the studies
or otherwise, the risk that further studies of the Company’s product
candidates are not positive, and the uncertainties inherent in
scientific research, drug development, clinical trials and the
regulatory approval process. You are encouraged to review other
important risk factors relating to the Company on our web site at
www.acurapharm.com under the
link, “Company Risk Factors” and detailed in Company filings with the
Securities and Exchange Commission. The Company is at development stage
and may never have any products or technologies that generate revenue.
Acura Pharmaceuticals, Inc. assumes no obligation to update any
forward-looking statements as a result of new information or future
events or developments. Acura Pharmaceuticals,
Inc. assumes no obligation to update any forward-looking statements as a
result of new information or future events or developments.
|
ACURA PHARMACEUTICALS, INC. |
|
CONDENSED CONSOLIDATED
BALANCE SHEETS |
|
(in thousands) |
|
|
|
|
|
(Unaudited) |
(Audited) |
|
|
September 30, |
December 31, |
|
|
2007 |
2006 |
|
Current
Assets |
$
13,507 |
$
467 |
|
Property,
Plant and Equipment, net |
1,090 |
1,145 |
|
Other
Assets |
7 |
7 |
|
Total
Assets |
$
14,604 |
$ 1,619 |
|
|
|
|
|
Accrued
Expenses |
412 |
328 |
|
Deferred
Interest Payable |
145 |
- |
|
Stock
Warrants |
- |
10,784 |
|
Debt, net |
5,005 |
28,787 |
|
Stockholders' Equity (Deficit) |
9,042 |
(38,280) |
|
Total
Liabilities and Stockholders' Deficit |
$ 14,604 |
$ 1,619 |
|
ACURA
PHARMACEUTICALS, INC. |
|
CONSOLIDATED
STATEMENTS OF OPERATIONS |
|
(in thousands,
except per share data) |
| |
|
|
|
|
|
| |
(Unaudited) Nine Months Ended
September 30, |
|
(Unaudited) Three Months
Ended September 30, |
|
Operating Costs |
2007 |
2006 |
|
2007 |
2006 |
|
Research and
Development |
$ 2,775 |
$ 4,174 |
|
$
827 |
$ 1,630 |
|
Marketing,
General and Administrative |
1,959 |
4,754 |
|
593 |
1,031 |
|
Loss from
Operations |
(4,734) |
(8,928) |
|
(1,420) |
(2,661) |
|
|
|
|
|
|
|
|
Other (Expense)
Income |
|
|
|
|
|
|
Interest Expense |
(1,113) |
(800) |
|
(294) |
(305) |
|
Interest Income |
80 |
14 |
|
70 |
4 |
|
Amortization of
Debt Discount |
(2,700) |
- |
|
(598) |
- |
|
Loss on Fair
Value Change of Conversion Features |
(3,483)
|
-
|
|
(236) |
-
|
|
Loss on Fair
Value Change of Common Stock Warrants |
(1,904) |
-
|
|
- |
- |
|
Gain (Loss) on
Asset Disposals |
22 |
(10) |
|
2 |
7 |
|
Other Expense |
(2) |
(142) |
|
- |
(142) |
|
Total Other
(Expense) Income |
(9,100) |
(938) |
|
(1,056) |
(436) |
|
|
|
|
|
|
|
|
Net Loss |
$
(13,834) |
$
(9,866) |
|
$
(2,476) |
$
(3,097) |
|
|
|
|
|
|
|
|
Basic and Diluted
Loss Per Common Share Allocable to Common Stockholders |
$ (0.04) |
$ (0.03) |
|
$ (0.01) |
$ (0.01) |
| |
|
|
|
|
|
|
Weighted Average
Shares Used in Computing Basic and Diluted Loss
Per Share Allocable to Common Stockholders |
369,982 |
342,039 |
|
401,553 |
346,354 |
|

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