Theriva Biologics, Inc. quarterly report, Q3 FY2011

Business context and reporting period

Filing identity: The supplied filing is Adeona Pharmaceuticals, Inc.’s unaudited Form 10-Q for the quarter ended September 30, 2011—not a filing under the name Theriva Biologics, Inc. The filing describes a pharmaceutical-development business and a clinical reference laboratory. It was signed November 14, 2011.

Adeona’s programs included Trimesta for multiple sclerosis, Effirma for fibromyalgia, zinc-based AEN-100 for ALS and Alzheimer’s disease, reaZin as a medical food, and wellZin for common-cold symptoms. The laboratory generated the company’s reported revenue in 2011 through the first nine months.

Financial performance and position

MetricQ3 2011Nine months 2011Comparable 2010
Revenue$293,421$972,121Q3: $289,898; nine months: $2,544,825
Operating loss$938,229$3,284,306Q3: $733,128; nine months: $848,204
Net loss$1,097,979$4,964,336Q3: $732,835; nine months: $840,575
Loss per share$0.04$0.18Q3: $0.03; nine months: $0.04
Operating cash usedNot separately presented$2,119,140Nine months: $479,788

Q3 revenue was nearly flat year over year. Nine-month revenue fell primarily because 2010 included a $2.125 million flupirtine sublicense fee from Meda; 2011 revenue was laboratory revenue only. Laboratory revenue rose approximately 132% year over year for the first nine months, but laboratory service costs also increased approximately 87%. The filing does not present a consolidated gross margin.

For the nine months, general and administrative expense increased 32% to $2.650 million; research and development expense decreased 17% to $801,000; and laboratory service costs increased to $806,000 from $430,000. The 2011 net loss included $1.492 million of warrant expense and $242,465 from a change in warrant fair value. It also included a $397,767 noncash charge for modifying a director’s stock options.

At September 30, cash was $4.609 million and short-term investments were reported as $2.866 million on the balance sheet. Total current assets were $8.093 million, total liabilities $236,362, and stockholders’ equity $8.439 million. The balance sheet reports no current capital-lease liability. Financing activities provided $6.944 million, largely from net equity-offering proceeds of $6.961 million. Common shares outstanding were reported as 28,209,126 as of November 10, 2011.

Outlook, commentary, and risks

Management stated that available funds were expected to support planned operations for at least 12 months, but that additional capital would be needed to continue development beyond that period. No committed future financing was disclosed, and management warned that further equity financing could dilute shareholders. The company had an accumulated deficit of approximately $48.7 million and a history of operating losses and negative operating cash flow.

Management reported that the 150th patient had enrolled in the ongoing Trimesta relapsing-remitting MS trial by September 19, 2011; grant funding was expected to support completion of that trial based on current cost estimates. Other programs remained in development or preparation. The filing described wellZin manufacturing plans and, in a post-quarter update, an agreement signed November 4, 2011 with F&F Foods for commercial-scale manufacturing. It also described a planned Trimesta cognitive-dysfunction trial announced November 11, 2011.

Key risks include clinical-trial failure or delay, regulatory and manufacturing hurdles, dependence on collaborators and grants, limited commercialization experience, laboratory revenue concentration among three insurance providers, and uncertain access to additional capital. The filing also notes that a U.S. patent application relevant to zinc products received a final rejection on October 26, 2011; further action was expected by January 26, 2012. Management reported disclosure controls were effective and no material change in internal control over financial reporting during the quarter. No legal proceedings were reported.

Important facts for investors to verify

  • Confirm the issuer: the filing identifies Adeona Pharmaceuticals, Inc., despite the request metadata naming Theriva Biologics, Inc.
  • Reconcile liquidity figures: the balance sheet’s cash plus short-term investments totals $7,474,568, while the MD&A gives $7,474,568 in one place, $7,460,782 elsewhere, and approximately $7.2 million at October 31.
  • Check the short-term investment disclosure: the balance sheet reports $2,865,961, while the held-to-maturity note reports amortized cost of $2,366,166 and fair value of $2,352,380.
  • Verify share capitalization: the balance sheet lists 28,127,644 common shares issued but 28,209,126 outstanding, a presentation that appears inconsistent; the filing separately reports 28,209,126 outstanding on November 10.
  • Assess the assumptions behind the 12-month cash runway, planned clinical spending, grant availability, and the need for future financing.
  • Review subsequent developments, including the patent rejection, manufacturing arrangements, and announced clinical-trial plans, and distinguish them from quarter-end results.