0001297184falseDE00012971842022-03-102022-03-10

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

FORM 8-K

CURRENT REPORT

PURSUANT TO SECTION 13 OR 15(d) OF THE

SECURITIES EXCHANGE ACT OF 1934

Date of Report (Date of earliest event Reported): March 10, 2022

Amphastar Pharmaceuticals, Inc.

(Exact Name of Registrant as Specified in Charter)

Delaware

001-36509

33-0702205

(State or Other Jurisdiction of
Incorporation)

(Commission File Number)

(I.R.S. Employer Identification
Number)

11570 6th Street

Rancho Cucamonga, California

91730

(Address of Principal Executive Offices)

(Zip Code)

Registrant's telephone number, including area code: (909) 980-9484

Not Applicable

(Former name or former address, if changed since last report)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Securities registered pursuant to Section 12(b) of the Act:

Title of each class

Trading Symbol(s)

Name of each exchange on which registered

Common Stock, par value $0.0001 per share

AMPH

The NASDAQ Stock Market LLC

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).

Emerging growth company

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act.

Item 2.02. Results of Operations and Financial Condition.

On March 10, 2022, Amphastar Pharmaceuticals, Inc. issued a press release announcing its financial results for the three months and fiscal year ended December 31, 2021. A copy of the press release is furnished as Exhibit 99.1 to this Current Report on Form 8-K.

The information in this Current Report on Form 8-K, including Exhibit 99.1, shall not be deemed "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, except as expressly set forth by specific reference in such a filing.

Item 9.01. Financial Statements and Exhibits.

(d) Exhibits:

Exhibit No.

    

Description

99.1

Press release, dated March 10, 2022, issued by Amphastar Pharmaceuticals, Inc.

104

Cover Page Interactive Data File (embedded within the Inline XBRL document)

SIGNATURE

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

Date: March 10, 2022

Amphastar Pharmaceuticals, Inc.

By:

/s/ WILLIAM J. PETERS

William J. Peters

Chief Financial Officer and Executive Vice President

EXHIBIT 99.1

Amphastar Pharmaceuticals Reports Financial Results for the Three Months and Full-Year Ended December 31, 2021

Reports Net Revenues of $120.9 Million for the Three Months Ended December 31, 2021

RANCHO CUCAMONGA, CA – March 10, 2022 – Amphastar Pharmaceuticals, Inc. (NASDAQ: AMPH) (“Amphastar” or the “Company”) today reported results for the three months and full-year ended December 31, 2021.

Fourth Quarter Highlights

Net revenues of $120.9 million for the fourth quarter
GAAP net income of $19.8 million, or $0.39 per share, for the fourth quarter
Adjusted non-GAAP net income of $20.8 million, or $0.42 per share, for the fourth quarter

Full-Year Highlights

Net revenues of $437.8 million for the fiscal year
GAAP net income of $62.1 million, or $1.25 per share, for the fiscal year
Adjusted non-GAAP net income of $68.0 million, or $1.37 per share, for the fiscal year

Dr. Jack Zhang, Amphastar’s President and Chief Executive Officer commented: “Last year was a turning point for Amphastar – with financial strength driven by the continued growth of our higher-margin products. We expect a number of pipeline milestones to be reached in 2022 as we continue to execute the Company’s strategy.”

Three Months Ended

Year Ended

 

December 31, 

December 31, 

 

2021

2020

2021

2020

 

(in thousands, except per share data)

 

Net revenues

    

$

120,887

    

$

95,921

    

$

437,768

    

$

349,846

GAAP net income (loss) attributable to Amphastar

$

19,760

$

(6,273)

$

62,116

$

1,403

Adjusted non-GAAP net income attributable to Amphastar*

$

20,833

$

7,994

$

67,999

$

31,616

GAAP diluted EPS attributable to Amphastar stockholders

$

0.39

$

(0.13)

$

1.25

$

0.03

Adjusted non-GAAP diluted EPS attributable to Amphastar stockholders*

$

0.42

$

0.16

$

1.37

$

0.64


 * Adjusted non-GAAP net income attributable to Amphastar and Adjusted non-GAAP diluted EPS attributable to Amphastar stockholders are non-GAAP financial measures. Please see the discussion in the section entitled “Non-GAAP Financial Measures” and the reconciliation of GAAP to non-GAAP financial measures in Table III of this press release.


Fourth Quarter Results

Three Months Ended

December 31, 

Change

2021

2020

Dollars

    

%

(in thousands)

Net revenues:

    

    

    

    

Primatene Mist®

$

21,489

$

13,392

$

8,097

60

%

Epinephrine

18,868

7,482

11,386

152

%

Glucagon

15,335

15,335

N/A

Phytonadione

13,921

10,458

3,463

33

%

Lidocaine

12,099

12,191

(92)

(1)

%

Enoxaparin

7,942

17,648

(9,706)

(55)

%

Naloxone

6,546

7,079

(533)

(8)

%

Other finished pharmaceutical products

 

21,776

 

19,550

 

2,226

 

11

%

Total finished pharmaceutical products net revenues

$

117,976

$

87,800

$

30,176

 

34

%

API

2,911

8,121

(5,210)

(64)

%

Total net revenues

$

120,887

$

95,921

$

24,966

26

%

Changes in net revenues were primarily driven by:

Primatene Mist® increased volumes resulting due to the continued success of our advertising campaign
Epinephrine sales increased due to our launch of the multi-dose vial in 2020 and higher demand for the pre-filled syringe as a result of competitor shortages
Glucagon for injection emergency kit, which was launched in the first quarter of 2021
Phytonadione sales increased due to an increase in unit volumes and higher average selling price
Enoxaparin sales decreased due to lower unit volumes and lower average selling price as competitors re-entered the market in 2021
Other finished pharmaceutical product sales increased due to higher demand, largely due to competitors’ shortages
API decrease due to timing of orders from MannKind and other customers

Three Months Ended

December 31, 

Change

2021

2020

Dollars

    

%

(in thousands)

Net revenues

$

120,887

$

95,921

$

24,966

26

%

Cost of revenues

64,653

59,089

5,564

9

%

Gross profit

$

56,234

$

36,832

$

19,402

53

%

as % of net revenues

47%

38%

Changes in the cost of revenues and the resulting increase in gross margin were primarily driven by:

Increased sales of higher-margin products such as Primatene Mist®, epinephrine injection multi-dose vials, and glucagon
Partially offset by increased cost for heparin, the starting material for enoxaparin, and lower pricing for enoxaparin


Three Months Ended

December 31, 

Change

2021

2020

Dollars

    

%

(in thousands)

Selling, distribution, and marketing

$

4,075

$

3,787

$

288

8

%

General and administrative

10,621

12,033

(1,412)

(12)

%

Research and development

17,286

18,133

(847)

(5)

%

Non-operating income, net

2,910

(9,621)

12,531

(130)

%

Selling, distribution, and marketing expenses increased primarily due to the ongoing marketing and distribution expenses for Primatene Mist®
General and administrative expenses decreased primarily due to a decrease in legal expenses, as we settled several lawsuits
Research and development expenses decreased due to a decrease in expenses in China resulting from the restructuring of our Chinese subsidiary, Amphastar Nanjing Pharmaceuticals (ANP), and the deconsolidation of Hanxin and its subsidiaries
Non-operating income, net, increased as a result of:
oA $2.7 million gain related to a settlement of a legal dispute, net of contingent legal fees
oA $12.8 million expense in the fourth quarter of 2020 relating to litigation with Aventis

Year-End Results

Year Ended December 31, 

Change

2021

2020

Dollars

    

%

(in thousands)

Net revenues:

    

    

    

    

Primatene Mist®

$

73,113

$

51,725

$

21,388

41

%

Epinephrine

57,530

23,799

33,731

142

%

Glucagon

47,639

47,639

N/A

Phytonadione

 

45,498

 

42,646

2,852

7

%

Lidocaine

44,413

41,113

3,300

8

%

Enoxaparin

35,962

48,681

(12,719)

(26)

%

Naloxone

27,540

33,416

(5,876)

(18)

%

Other finished pharmaceutical products

 

87,875

 

89,988

 

(2,113)

 

(2)

%

Total finished pharmaceutical products net revenues

$

419,570

$

331,368

$

88,202

 

27

%

API

18,198

18,478

(280)

(2)

%

Total net revenues

$

437,768

$

349,846

$

87,922

25

%

Changes in net revenues were primarily driven by:

Primatene Mist® increased volumes resulting from the continued success of our advertising campaign
Glucagon for injection emergency kit, which was launched in the first quarter of 2021
Epinephrine and lidocaine sales increased due to our launch of the epinephrine multi-dose vials in 2020 and higher demand for the pre-filled syringe as a result of competitor shortages
Phytonadione sales increased due to higher average selling price
Enoxaparin and naloxone sales decreased due to lower unit volumes and lower average selling prices as competitors entered the market in 2021
Other finished pharmaceutical product sales decreased due to lower unit volumes as a result of competitors returning to their normal distribution levels during the year


Year Ended December 31, 

Change

2021

2020

Dollars

    

%

(in thousands)

Net revenues

$

437,768

$

349,846

$

87,922

25

%

Cost of revenues

238,029

206,506

31,523

15

%

Gross profit

$

199,739

$

143,340

$

56,399

39

%

as % of net revenues

46%

41%

Changes in the cost of revenues and the resulting increase in gross margin were primarily driven by:

Increased sales of higher-margin products such as Primatene Mist®, epinephrine injection multi-dose vials, and glucagon
Partially offset by increased cost for heparin, the starting material for enoxaparin, and lower pricing for enoxaparin

Year Ended December 31, 

Change

2021

2020

Dollars

    

%

(in thousands)

Selling, distribution, and marketing

$

17,486

$

14,780

$

2,706

18

%

General and administrative

51,434

50,377

1,057

2

%

Research and development

60,932

67,229

(6,297)

(9)

%

Non-operating (expense) income, net

$

14,252

$

(6,317)

$

20,569

NM

Selling, distribution, and marketing expenses increased primarily due to the ongoing marketing and distribution expenses for Primatene Mist®, including the cost of developing a new commercial for television
General and administrative expenses increased primarily due to an increase in legal expenses, which was partially offset by a decrease in cash compensation and share-based compensation expense relating to the separation agreement that we entered into with a former executive during the second quarter of 2020
Research and development expenses decreased due to:
oA decrease in clinical trial expense as a result of delays in beginning certain clinical trials due to changes in COVID-19 protocols
oA decrease in expenses in China due to the restructuring of ANP and the deconsolidation of Hanxin and its subsidiaries
Non-operating income, net, increased as a result of:
oA $13.6 million gain on the deconsolidation of Hanxin relating to the ANP restructuring
oA $2.7 million gain related to a settlement of a legal dispute, net of contingent legal fees
oA $12.8 million expense in the fourth quarter of 2020 relating to the litigation with Aventis

Cash flow provided by operating activities for the year ended December 31, 2021 was $98.0 million.

Pipeline Information

The Company currently has five ANDAs on file with the FDA targeting products with a market size of approximately $4 billion, three biosimilar products in development targeting products with a market size of approximately $13 billion, and eight generic products in development targeting products with a market size of approximately $12 billion. This market information is based on IQVIA data for the 12 months ended December 31, 2021. The Company is developing multiple proprietary products with injectable and intranasal dosage forms.


Amphastar’s Chinese subsidiary, ANP, currently has 17 Drug Master Files, or DMFs, on file with the FDA and is developing several additional DMFs.

Company Information

Amphastar is a bio-pharmaceutical company that focuses primarily on developing, manufacturing, marketing, and selling technically-challenging generic and proprietary injectable, inhalation, and intranasal products. Additionally, the Company sells insulin API products. Most of the Company’s finished products are used in hospital or urgent care clinical settings and are primarily contracted and distributed through group purchasing organizations and drug wholesalers. More information and resources are available at www.amphastar.com.

Amphastar’s logo and other trademarks or service marks of Amphastar, including, but not limited to Amphastar®, Primatene Mist®, Amphadase®, and Cortrosyn®, are the property of Amphastar.

Non-GAAP Financial Measures

To supplement its consolidated financial statements, which are prepared and presented in accordance with U.S. generally accepted accounting principles (“GAAP”), the Company is disclosing non-GAAP financial measures when providing financial results. The Company believes that an evaluation of its ongoing operations (and comparisons of its current operations with historical and future operations) would be difficult if the disclosure of its financial results were limited to financial measures prepared only in accordance with GAAP. As a result, the Company is disclosing certain non-GAAP results, including (i) Adjusted non-GAAP net income (loss) attributed to Amphastar and (ii) Adjusted non-GAAP diluted EPS attributed to Amphastar’s stockholders, which exclude amortization expense, share-based compensation, impairment charges, executive severance expense, legal settlements, and other one-time events in order to supplement investors’ and other readers’ understanding and assessment of the Company’s financial performance because the Company’s management uses these measures internally for forecasting, budgeting, and measuring its operating performance. Whenever the Company uses such non-GAAP measures, it will provide a reconciliation of non-GAAP financial measures to their most directly comparable GAAP financial measures. Investors and other readers are encouraged to review the related GAAP financial measures and the reconciliation of non-GAAP measures to their most directly comparable GAAP measures set forth below and should consider non-GAAP measures only as a supplement to, not as a substitute for or as a superior measure to, measures of financial performance prepared in accordance with GAAP.

Conference Call Information

The Company will hold a conference call to discuss its financial results today, March 10, 2022, at 2:00 p.m. Pacific Time.

To access the conference call, dial toll-free (877) 407-0989 or (201) 389-0921 for international callers, five minutes before the conference.

The call can also be accessed on the Investors page on the Company’s website at www.amphastar.com.

Forward-Looking Statements

All statements in this press release and in the conference call referenced above that are not historical are forward-looking statements, including, among other things, statements relating to our expectations regarding future financial performance, backlog, sales and marketing of our products, market size and growth, product development, the timing of FDA filings or approvals, including the DMFs of ANP, the timing of product launches, acquisitions and other matters related to our pipeline of product candidates, the timing and results of clinical trials, our share buyback program, the impact of the restructuring of ANP, and other future events, such as the impact of the COVID-19 pandemic including its variants and related responses of business and


governments to the pandemic on our operations and personnel, and on commercial activity and demand across our business operations and results of operations. These statements are not facts but rather are based on Amphastar’s historical performance and our current expectations, estimates, and projections regarding our business, operations, and other similar or related factors. Words such as “may,” “might,” “will,” “could,” “would,” “should,” “anticipate,” “predict,” “potential,” “continue,” “expect,” “intend,” “plan,” “project,” “believe,” “estimate,” and other similar or related expressions are used to identify these forward-looking statements, although not all forward-looking statements contain these words. You should not place undue reliance on forward-looking statements because they involve known and unknown risks, uncertainties, and assumptions that are difficult or impossible to predict and, in some cases, beyond Amphastar’s control. Actual results may differ materially from those in the forward-looking statements as a result of a number of factors, including those described in Amphastar’s filings with the Securities and Exchange Commission, including in our Annual Report on Form 10-K for the year ended December 31, 2020, filed with the SEC on March 15, 2021, and in our Quarterly Report on Form 10-Q for the quarter ended September 30, 2021, filed with the SEC on November 9, 2021. In particular, the extent of COVID-19’s impact on our business will depend on several factors, including the severity, duration and extent of the pandemic including its variants, as well as actions taken by governments, businesses, and consumers in response to the pandemic, all of which continue to evolve and remain uncertain at this time. You can locate these reports through our website at http://ir.amphastar.com and on the SEC’s website at www.sec.gov. The forward-looking statements in this release speak only as of the date of the release. Amphastar undertakes no obligation to revise or update information or any forward-looking statements in this press release or the conference call referenced above to reflect events or circumstances in the future, even if new information becomes available or if subsequent events cause our expectations to change.

Contact Information:

Amphastar Pharmaceuticals, Inc.

Bill Peters

Chief Financial Officer

(909) 980-9484


Table I

Amphastar Pharmaceuticals, Inc.

Condensed Consolidated Statement of Operations

(Unaudited; in thousands, except per share data)

Three Months Ended

Year Ended

 

December 31, 

December 31, 

 

    

2021

    

2020

    

2021

    

2020

 

Net revenues

    

$

120,887

    

$

95,921

    

$

437,768

    

$

349,846

Cost of revenues

 

64,653

 

59,089

 

238,029

 

206,506

Gross profit

 

56,234

 

36,832

 

199,739

 

143,340

Operating expenses:

Selling, distribution, and marketing

 

4,075

 

3,787

 

17,486

 

14,780

General and administrative

 

10,621

 

12,033

 

51,434

 

50,377

Research and development

 

17,286

 

18,133

 

60,932

 

67,229

Total operating expenses

 

31,982

 

33,953

 

129,852

 

132,386

Income from operations

 

24,252

 

2,879

 

69,887

 

10,954

Non-operating income (expenses), net

 

2,910

 

(9,621)

 

14,252

 

(6,317)

Income (loss) before income taxes

 

27,162

 

(6,742)

 

84,139

 

4,637

Income tax provision (benefit)

 

7,194

 

(950)

 

20,630

 

3,540

Net income before equity in losses of unconsolidated affiliate

19,968

(5,792)

63,509

1,097

Equity in losses of unconsolidated affiliate

(208)

(208)

Net income (loss)

$

19,760

$

(5,792)

$

63,301

$

1,097

Net income (loss) attributable to non-controlling interests

$

$

481

$

1,185

$

(306)

Net income (loss) attributable to Amphastar

$

19,760

$

(6,273)

$

62,116

$

1,403

Net income (loss) per share attributable to Amphastar stockholders:

Basic

$

0.41

$

(0.13)

$

1.30

$

0.03

Diluted

$

0.39

$

(0.13)

$

1.25

$

0.03

Weighted-average shares used to compute net income (loss) per share attributable to Amphastar stockholders:

Basic

 

47,836

 

47,496

 

47,777

 

47,038

Diluted

 

50,057

 

47,496

 

49,784

 

49,124


Table II

Amphastar Pharmaceuticals, Inc.

Condensed Consolidated Balance Sheets

(Unaudited; in thousands, except share data)

    

December 31, 

    

December 31, 

2021

2020

ASSETS

Current assets:

Cash and cash equivalents

$

126,353

$

92,642

Restricted cash

235

1,865

Short-term investments

10,320

12,977

Restricted short-term investments

 

2,200

 

2,200

Accounts receivable, net

 

78,804

 

66,005

Inventories

 

92,807

 

96,831

Income tax refunds and deposits

 

126

 

385

Prepaid expenses and other assets

 

7,274

 

6,777

Total current assets

 

318,119

 

279,682

Property, plant, and equipment, net

 

244,244

 

260,055

Finance lease right-of-use assets

353

612

Operating lease right-of-use assets

26,894

20,042

Equity method investment

3,985

Goodwill and intangible assets, net

 

38,870

 

40,615

Other assets

 

16,665

 

5,250

Deferred tax assets

 

22,399

 

24,980

Total assets

$

671,529

$

631,236

LIABILITIES AND STOCKHOLDERS' EQUITY

Current liabilities:

Accounts payable and accrued liabilities

$

89,545

$

95,504

Income taxes payable

 

9,081

 

1,077

Current portion of long-term debt

 

2,202

 

12,263

Current portion of operating lease liabilities

2,982

3,357

Total current liabilities

 

103,810

 

112,201

Long-term reserve for income tax liabilities

 

6,531

 

4,709

Long-term debt, net of current portion and unamortized debt issuance costs

 

74,776

 

34,186

Long-term operating lease liabilities, net of current portion

24,703

17,464

Deferred tax liabilities

 

534

 

741

Other long-term liabilities

 

15,653

 

13,212

Total liabilities

 

226,007

 

182,513

Commitments and contingencies

Stockholders’ equity:

Preferred stock: par value $0.0001; 20,000,000 shares authorized; no shares issued and outstanding

 

 

Common stock: par value $0.0001; 300,000,000 shares authorized; 56,440,202 and 47,714,912 shares issued and outstanding as of December 31, 2021 and 54,760,922 and 47,495,439 shares issued and outstanding as of December 31, 2020, respectively

 

6

 

5

Additional paid-in capital

 

422,423

 

410,061

Retained earnings

 

180,337

 

117,773

Accumulated other comprehensive loss

 

(6,765)

 

(3,721)

Treasury stock

 

(150,479)

 

(121,812)

Total Amphastar Pharmaceuticals, Inc. stockholders’ equity

 

445,522

 

402,306

Non-controlling interests

46,417

Total equity

445,522

448,723

Total liabilities and stockholders’ equity

$

671,529

$

631,236


Table III

Amphastar Pharmaceuticals, Inc.

Reconciliation of Non-GAAP Measures

(Unaudited; in thousands, except per share data)

Three Months Ended

Year Ended

December 31, 

December 31, 

    

2021

    

2020

    

2021

    

2020

GAAP net income (loss)

    

$

19,760

    

$

(5,792)

    

$

63,301

    

$

1,097

Adjusted for:

Intangible amortization

 

360

 

265

 

1,290

 

1,036

Share-based compensation

 

3,850

 

4,334

 

18,687

 

18,180

Impairment of long-lived assets

 

9

 

81

 

348

 

241

Gain on ANP Restructuring

(13,587)

Expense related to executive separation agreement

4,869

Reserves for litigation and settlements

(2,717)

13,780

274

13,780

Income tax benefit on pre-tax adjustments

 

(429)

 

(4,090)

 

(2,043)

 

(7,482)

Non-GAAP net income

$

20,833

$

8,578

$

68,270

$

31,721

Non-GAAP net income attributable to non-controlling interests

$

$

584

$

271

$

105

Non-GAAP net income attributable to Amphastar

$

20,833

$

7,994

$

67,999

$

31,616

Non-GAAP net income per share attributable to Amphastar stockholders:

Basic

$

0.44

$

0.17

$

1.42

$

0.67

Diluted

$

0.42

$

0.16

$

1.37

$

0.64

Weighted-average shares used to compute non-GAAP net income per share attributable to Amphastar stockholders:

Basic

 

47,836

 

47,496

 

47,777

 

47,038

Diluted

 

50,057

 

49,730

 

49,784

 

49,124

Three Months Ended December 31, 2021

 

Selling,

General

Research

Non-operating

Income

 

Non-controlling

Cost of

distribution

and

and

income

tax provision

 

interest

    

revenue

    

and marketing

    

administrative

    

development

    

(expense), net

    

(benefit)

    

adjustment

GAAP

$

64,653

$

4,075

$

10,621

$

17,286

$

2,910

$

7,194

$

Intangible amortization

(235)

(125)

Share-based compensation

(811)

(158)

(2,553)

(328)

Impairment of long-lived assets

(9)

Reserves for litigation and settlements

(2,717)

Income tax provision (benefit) on pre-tax adjustments

429

Non-GAAP

$

63,598

$

3,917

$

7,943

$

16,958

$

193

$

7,623

$


Three Months Ended December 31, 2020

 

Selling,

General

Research

Non-operating

Income

 

Non-controlling

Cost of

distribution

and

and

income

tax provision

 

interest

    

revenue

    

and marketing

    

administrative

    

development

    

(expense), net

    

(benefit)

    

adjustment

GAAP

$

59,089

$

3,787

$

12,033

$

18,133

$

(9,621)

$

(950)

$

481

Intangible amortization

(232)

(33)

11

Share-based compensation

(972)

(106)

(2,920)

(336)

114

Impairment of long-lived assets

(40)

(12)

(29)

5

Loss on litigation settlement

(975)

12,805

Income tax provision (benefit) on pre-tax adjustments

4,090

(27)

Non-GAAP

$

57,845

$

3,681

$

8,093

$

17,768

$

3,184

$

3,140

$

584

Year Ended December 31, 2021

Selling,

General

Research

Non-operating

Income

Non-controlling

Cost of

distribution

and

and

income

tax provision

interest

    

revenue

    

and marketing

    

administrative

    

development

    

(expense), net

    

(benefit)

    

adjustment

GAAP

$

238,029

$

17,486

$

51,434

$

60,932

$

14,252

$

20,630

$

1,185

Intangible amortization

(963)

(327)

26

Share-based compensation

(3,778)

(596)

(12,622)

(1,691)

870

Impairment of long-lived assets

(93)

(33)

(222)

7

Gain on ANP Restructuring

(13,587)

(2,062)

Reserves for litigation and settlements

(1,295)

(1,021)

Income tax provision (benefit) on pre-tax adjustments

2,043

245

Non-GAAP

$

233,195

$

16,890

$

37,157

$

59,019

$

(356)

$

22,673

$

271

Year Ended December 31, 2020

 

Selling,

General

Research

Non-operating

Income

 

Non-controlling

Cost of

distribution

and

and

income

tax provision

 

interest

    

revenue

    

and marketing

    

administrative

    

development

    

(expense), net

    

(benefit)

    

adjustment

GAAP

$

206,506

$

14,780

$

50,377

$

67,229

$

(6,317)

$

3,540

$

(306)

Intangible amortization

(902)

(134)

45

Share-based compensation

(4,248)

(456)

(11,771)

(1,705)

444

Impairment of long-lived assets

(72)

(140)

(29)

20

Expense related to executive separation agreement

(4,869)

Loss on litigation settlement

(975)

12,805

Income tax provision (benefit) on pre-tax adjustments

7,482

(98)

Non-GAAP

$

201,284

$

14,324

$

32,488

$

65,495

$

6,488

$

11,022

$

105