SIGA TECHNOLOGIES INC quarterly report, Q3 FY2015

SIGA Technologies, Inc. — Q3 2015 Form 10-Q

Reporting period: Quarter and nine months ended September 30, 2015. SIGA develops treatments for unmet medical needs and biothreats; its lead product, Tecovirimat, is an investigational smallpox antiviral supplied under a U.S. government contract. SIGA was operating as a debtor-in-possession in Chapter 11, filed September 16, 2014.

Financial results and position

MetricQ3 2015Q3 2014Nine months 2015Nine months 2014
Revenue$1.33 million$1.10 million$3.99 million$2.30 million
Operating expenses$4.96 million$182.83 million$16.99 million$194.41 million
Operating loss$3.63 million$181.73 million$13.00 million$192.11 million
Net loss$5.63 million$240.08 million$19.36 million$246.41 million
Loss per share, diluted$0.10$4.49$0.36$4.62
  • Revenue was from research and development contracts and grants; product-delivery receipts under the BARDA contract were generally recorded as deferred revenue. No conventional product gross margin is presented.
  • Operating cash flow was positive $27.6 million for the first nine months, versus $18.6 million a year earlier. Cash increased $29.6 million to $129.3 million; the increase included BARDA receipts and substantial working-capital movements, including deferred revenue.
  • At September 30, cash was $129.3 million, total assets $197.2 million, total liabilities $461.8 million, and stockholders’ deficit $264.7 million. Deferred revenue was $255.1 million; liabilities subject to compromise were $192.6 million.
  • The $2.0 million GE term loan was repaid in January 2015; no current portion of long-term debt remained at quarter-end.

Changes versus the prior comparable period

  • Revenue rose 20.7% in Q3 and 73.4% for the nine months, driven by increased Tecovirimat and dengue research funding.
  • Q3 SG&A fell 46.5% to $2.32 million; nine-month SG&A declined 21.7% to $7.99 million. Q3 R&D decreased 10.8%, while nine-month R&D increased 4.6%.
  • Net losses were far smaller than in 2014, principally because 2014 included a $175.5 million litigation accrual and large related tax effects. 2015 included $5.9 million of nine-month reorganization expenses.
  • Cash increased from $99.7 million at December 31, 2014. Inventory declined from $19.0 million to $1.1 million, while deferred costs rose from $32.9 million to $54.3 million.

Outlook, significant matters, and risks

  • PharmAthene litigation: A January 2015 Chancery Court judgment awarded PharmAthene $194.65 million, plus post-judgment interest then stated at $30,663.89 per day. SIGA appealed and PharmAthene cross-appealed; the Delaware Supreme Court heard argument October 7, 2015 and had not ruled by the filing date. SIGA accrued approximately $187.8 million for expectation damages and $3.2 million for legal and expert fees. Enforcement was stayed in connection with Chapter 11.
  • Chapter 11 and going concern: SIGA had not filed a reorganization plan. The filing states that the litigation outcome and bankruptcy proceedings raise substantial doubt about the company’s ability to continue as a going concern, and that a plan could materially change reported asset and liability amounts or classifications. Management nevertheless expected existing resources and government funding to support operations beyond the next 12 months.
  • BARDA contract: The contract is valued at approximately $463 million and runs through September 2020. BARDA had paid $249.2 million related to manufacture and delivery; 1.4 million courses had been delivered cumulatively. The contract requires dosage supplementation following a change in provisional dosage, at no additional charge to BARDA, and SIGA expected significant incremental production costs. BARDA had not exercised contract options.
  • Tecovirimat was not FDA-approved. Further dosage guidance, regulatory requirements, contract performance, government funding, and the appeal and bankruptcy outcomes could materially affect results and liquidity.
  • In April 2015, the bankruptcy court authorized assumption of the BARDA contract, the Albemarle manufacturing agreement, and the Corvallis facility lease. The manufacturing amendment improved future API pricing; the lease amendment reduced rent by approximately $35,000 per month.
  • SIGA was delisted from Nasdaq in March 2015 and traded on OTC Markets under “SIGAQ.” Management reported disclosure controls were effective at a reasonable level of assurance.

Important facts for investors to verify

  • Any subsequent Delaware Supreme Court ruling, updated judgment amount and interest, and the status and treatment of PharmAthene claims in Chapter 11.
  • Whether SIGA filed and obtained confirmation of a reorganization plan, including the plan’s treatment of creditors and existing equity.
  • Cash needs and production costs for dosage supplementation, remaining BARDA deliveries, revenue recognition, and any BARDA options or contract changes.
  • Whether Tecovirimat receives FDA approval and whether additional regulatory requirements alter the delivery timetable or economics.
  • Reconciliation and allowed amounts of bankruptcy claims, deferred revenue, deferred costs, and the reported going-concern uncertainty.