August 26, 2005 Analyst: Raymond Kwan Research Digest Ian Madsen, MBA, CFA, Editor 1-800-767-3771, x417; imadsen@zacks.com 155 North Wacker Drive Chicago, IL 60606 www.zackspro.com Impax Laboratories, Inc. (IPXL- PINK SHEETS) $11.64 Note: This report contains substantially new material. Subsequent editions will have new or revised material highlighted Overview Impax Laboratories, Inc. engages in the development, manufacture, and marketing of specialty prescription pharmaceutical products utilizing its own formulation expertise and drug delivery technologies. As of March 5, 2004, the company had approximately 60 generic products approved or pending approval, or under development, which consisted of 17 abbreviated new drug applications (ANDAs) approved by the FDA, which include generic versions of brand name pharmaceuticals, such as Brethine, Florinef, Minocin, Claritin-D 12-hour, Claritin-D 24-hour, Wellbutrin SR, and Prilosec; 19 applications pending at the FDA, including generic versions of OxyContin, Allegra D, and Tricor; and 24 other products in various stages of development, which are for generic versions of brand name pharmaceuticals. The Company sells its products to large pharmaceutical wholesalers, warehousing chain drug stores, mass merchandisers, and mail-order pharmacies through strategic alliances and the company’s global pharmaceuticals division. Impax Laboratories, Inc. was formed through a business combination between Impax Pharmaceuticals, Inc., and Global Pharmaceutical Corporation in 1999. Impax is headquartered in Hayward, California with employees totaling 453. Additional information about the Company can be found at www.impaxlabs.com. On August 8th, 2005, Impax Laboratories’ stock was delisted from NASDAQ due to the Company’s inability to file its 10-K and 10-Q since 3Q’04. The Company’s stock now trades on The Pink Sheets. Analysts have identified the following factors for evaluating investment merits of IPXL. Key Positive Arguments Unique Patent Challenge Strategy: Impax’s unique competitive advantage stems from the Company’s patent challenge strategy, which focuses on difficult-toformulate products that can aid in stretching revenues and earnings as compared to the first-to-file strategy. Key Negative Arguments NASDAQ Delisting: On August 8th, 2005, Impax Laboratories’ stock was delisted from NASDAQ due to the Company inability to file its 10-K and 10Q since 3Q’05. This delisting may result in a potential loss of liquidity. Patent Challenge Risk: Impax has filed for thirteen drug applications to the FDA. Of these, ten are patent challenges, making the Company’s revenues and earning highly dependent on the outcome of this strategy. Analysts are generally impartial on Impax Laboratories’ outlook. With little indication of an agreement between Impax and its independent auditors on revenue recognition related to its strategic alliance with Teva Pharmaceuticals, analysts feel the Company offers limited visibility over the near and long-term. Until uncertainty over the SEC filings or relisting of the shares on the NASDAQ market become more lucid, most analysts have rated the Company with a “neutral” stance. On a positive note, some analysts believe Impax’s shares appear attractively valued from an absolute and relative standpoint. © Copyright 2005, Zacks Investment Research. All Rights Reserved. Note: The Company’s fiscal year ends December 31st; all fiscal references coincide with the calendar year. Revenues Under the Company’s existing revenue-recognition policy, Impax Laboratories reported preliminary 2Q’05 revenues of $38.5MM and full-year 2004 revenues of $124.7MM. Under the new revenue recognition policy proposed by the Office of the Chief Accountant of the Securities and Exchange Commission (OCA), the Company expects revenues to come in at $35.6M in 2Q’05 and $138.6MM for FY2004. Overall, the results were significantly below analysts’ expectations. In fact, sales for generic Wellbutrin SR 200mg severely underperformed in 1H’05 due to lower than expected pricing, while the generic OxyContin 80mg launch failed to meet analysts expected market share gains. According to (SG Cowen), Impax only managed to capture less than 3% of the total prescription share of the generic OxyContin 80mg market as of the week ending July 22, 2005. Looking ahead, analysts have lowered their revenue expectation for FY2005 and FY2006, as many anticipate slower generic Wellbutrin and OxyContin sales. One analyst (Lehman) dropped their previously aggressive 2H’05 Wellbutrin SR100 & 150mg, and generic OxyContin sales estimates from $57M and $23M to $32M and $4M, respectively. Generic Revenue Sales Fiscal Year Ends: December $ in millions Digest High Digest Low Digest Average Digest Average YoY Growth Digest Average QoQ Growth FY2004E 124.7 124.7 124.7 112.1% 1Q05E 39.6 39.6 39.6 14.8% 37.0% 2Q05E 38.5 38.5 38.5 26.0% -2.8% 3Q05E 46.2 37.4 41.8 36.2% 8.6% 4Q05E 55.8 37.4 46.6 61.2% 11.5% FY2005E 180.0 153.0 166.9 33.8% FY2006E 293.7 186.0 241.6 44.7% For future pipeline drugs, Impax Laboratories sees opportunities in several key generic products, including generic Allegra-D, generic Adderall XR, generic Concerta, and generic Distropan XL. With respect to generic Concerta, analysts estimate sales for this drug, if launched in 2006, could boost sales by $35MM (Lehman) to $50MM (Merrill) in 2006. It should be noted that Impax/Teva appears to have secured 180-day market exclusivity for the sale of generic Concerta over its competitor Andrx. Impax has previously filed an ANDA to the FDA related to this drug, but the approval is currently being delayed by a Citizen Petition filed by J&J in March 2004. J&J also recently issued a patent covering Concerta asking generic companies to amend their drug application. No indication has been announced on when the FDA will approve/reject Impax’s drug application. Major Patents/Paragraph III Pipeline Brand Name Generic Name Allegra –D Fexofenadine (Teva Distributed) Adderall XR Dextro Extended (Direct Sales) Release Concerta Methylphenidate (Teva Distributed) ER Distropan XL (Teva Distributed) Oxybutynin XL Company Sanofi-AVentis 2004E U.S. Sales $460MM Shire $550MM Johnson & Johnson $600MM Johnson & Johnson $415MM Litigation Status Trial should begin in October 2005 Trail should begin in January 2006 J&J filed for Citizen’s Petition March 2004 2nd ANDA filed behind Mylan. Trial should begin in November 2005 Please refer to Zacks Research Digest spreadsheet for specific revenue estimates. Zacks Investment Research Page 2 www.zacks.com Margins Analysts expect gross margins to remain relatively flat with slight incremental margin gains over the 2005-2006 timeframe. With respect to operating margins, analysts anticipate depressed margins for 2005 due to markedly higher R&D and SG&A costs in 2H’05 versus 1H’05. For 2006, operating margins are forecasted to at least 10 percent points higher than FY2005 due to the elimination of costs related to the SEC filings and the revenue recognition policy. FY'03A FY'04E FY'05E FY'06E Gross Margin 25.56% 40.35% 52.64% 54.75% Operating Margin -23.13% 1.39% 12.39% 25.92% Please refer to Zacks Research Digest spreadsheet for more extensive margin figures. Earnings Per Share Fiscal Year Ends: December FY2004E 1Q05E 2Q05E 3Q05E 4Q05E FY2005E FY2006E Digest High EPS Digest Low EPS Digest Average Digest Average YoY Growth Digest Average QoQ Growth ($0.28) ($0.28) ($0.28) -33.33% 0.10 0.10 0.10 25.13% -211.98% 0.12 0.06 0.07 628.55% -27.22% 0.10 0.01 0.05 399.65% -31.42% 0.38 0.01 0.14 -258.82% 184.15% 0.64 0.18 0.36 4592.40% 0.97 0.34 0.73 99.67% Under the proposed revenue recognition policy, IPXL reported preliminary 2Q’05 EPS of $0.06 per diluted share. The results, although higher on a year-over-year comparison, were below most analysts’ estimates. Accordingly, most analysts have lowered their FY2005 and FY2006 EPS estimates. For FY2005, (First Albany) currently holds the street high EPS estimate at $0.64. The lowest estimate comes from (Merrill) at $0.18. The average EPS estimate for FY’05 is $0.36. For FY2006, the highest estimate is $0.97 from (Smith Barney) while the lowest estimate is from (Merrill) at $0.34. The average EPS estimate for FY’06 stands at $0.73. Please refer to Zacks Research Digest spreadsheet for more extensive EPS figures. Target Price/Valuation The average target price for IPXL is $15.00. The most common valuation technique is a multiple applied to 2005 or 2006 EPS estimates. Of the 7 firms covering the stock, 1 has a positive rating, 4 have a neutral rating, and 2 discontinued coverage. Zacks Investment Research Page 3 www.zacks.com Rating Distribution Positive 20.00% Neutral 80.00% Negative 0.00% Avg. Target Price $15.00 Low TP $15.00 High TP $15.00 Please refer to Zacks Research Digest Spreadsheet for further details on valuation. Other Discussion/Capital Structure/Cash Flow/Solvency/Governance As mentioned previously, Impax Laboratories’ stock was de-listed from NASDAQ on August 8, 2005 and now trades on The Pink Sheets. The de-listing stems from the Company’s inability to file its 10-K and 10-Q since 3Q’04 due to disagreement between Impax and its independent auditor, Deloitte & Touche, on revenue recognition policies related with Teva Pharmaceuticals. One analyst (Lehman) notes that the Company’s auditors have now extended its review up to when the Impax-Teva relationship first began in June 2001 and thus sees the restatement process to be rather lengthy going forward. It should be noted that a quick relisting on NASDAQ requires Impax to submit documents to the SEC within the next 90 days. Long-Term Growth Long-term growth rates for IPXL ranges from 44% to 50% with an average growth rate of 47%. Analysts believe these growth rates will be mainly achieved through the ramp up in drug sales for generic Wellbutrin SR, generic Concerta and generic OxyContin over the next 1-2 years. Looking ahead, most analysts believe earnings/revenue growth will continue to be in double-digit area due to Company’s unique patent challenge strategy. Specifically, (Smith Barney) indicates that Impax Laboratories focuses on difficult-to-formulate products that provide the Company with prolonged revenue streams beyond that of a “first-to-file” strategy. The Company’s generic revenue streams are often protected from other competitors due to its own intellectual property (e.g. controlled-release technologies) that successfully circumvents patent infringement. In contrast, the typically generic player would rely on claims of invalidity, which often leads to the entry of other competitors. This strategy has so far been successfully with the recent launch of generic Wellbutrin SR and generic OxyContin 80mg. Individual Analyst Opinions POSITIVE Smith Barney – BUY (1) ($15.00 price target): 08/05/2005 – The analyst sees not fundamental change in the underlying value of Impax given its recent delisting from NASDAQ. In fact, the analyst sees Impax Laboratories being a potential takeover candidate due its “high barrier to entry” products. Zacks Investment Research Page 4 www.zacks.com NEUTRAL First Albany – NEUTRAL (no price target): 08/03/2005 – The analyst notes that fair value for Impax Laboratories should be somewhere in the low-teens. Lehman – 2-EQUALWEIGHT ($15.00 price target): 08/08/2005 – The analyst notes that the stock is currently attractive at ~12 times its 2006 EPS estimate. Given the uncertainty regarding the timing of the SEC filing and NASDAQ relisting, however, the analyst is reiterating their “2-Equal weight” rating. Merrill – NEUTRAL (no price target): 08/19/2005 – Firm remains neutral on the Company’s shares due to limited visibility over when the Company will file its 2004 10-K and 1Q’05/2Q’05 10-Q’s. Notably, the analyst sees upside of $0.60-$0.65 per share to their 2006 EPS estimates if the Company is successfully able to launch generic Concerta by January 1, 2006. SG Cowen – NEUTRAL (no price target): 08/19/2005 – Although Impax/Teva have apparently secured 180 day generic market exclusivity for Concerta, the analyst see a potential risk of generic Concerta going to Andrx, if Impax/Teva fails to finalize their own approval given J&J Citizen Petition. NOT RATED B. of America – Coverage Discontinued: 08/05/2005 – Coverage discounted due to NASDAQ delisting. Wachovia – Coverage Discontinued: 08/05/2005 – Coverage discontinued due to NASDAQ delisting. Zacks Investment Research Page 5 www.zacks.com