Quarterly report pursuant to Section 13 or 15(d)

SELECTED FINANCIAL STATEMENT CAPTIONS - LIABILITIES

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SELECTED FINANCIAL STATEMENT CAPTIONS - LIABILITIES
6 Months Ended
Jun. 30, 2024
Payables And Accruals [Abstract]  
SELECTED FINANCIAL STATEMENT CAPTIONS - LIABILITIES

NOTE 6 — SELECTED FINANCIAL STATEMENT - LIABILITIES

Accounts payable and accrued expenses consisted of the following at June 30, 2024 and December 31, 2023 (in thousands):

 

 

June 30, 2024

 

 

December 31, 2023

 

Accounts payable:

 

 

 

 

 

 

Clinical and regulatory expenses

 

$

749

 

 

$

696

 

Professional fees

 

 

874

 

 

 

721

 

Selling expenses

 

 

2,253

 

 

 

1,498

 

Manufacturing costs

 

 

737

 

 

 

914

 

Non-employee director compensation

 

 

912

 

 

 

766

 

Other vendors

 

 

1,689

 

 

 

1,292

 

Total accounts payable

 

 

7,214

 

 

 

5,887

 

Accrued interest payable, related parties

 

 

705

 

 

 

542

 

Accrued interest payable

 

 

2,838

 

 

 

3,122

 

Accrued expenses:

 

 

 

 

 

 

Payroll expenses

 

 

1,141

 

 

 

1,270

 

Government rebates and other rebates

 

 

6,938

 

 

 

5,881

 

Due to customers

 

 

 

 

 

844

 

Other accrued expenses

 

 

84

 

 

 

179

 

Total accrued expenses

 

 

8,163

 

 

 

8,174

 

Total accounts payable and accrued expenses

 

$

18,920

 

 

 

17,725

 

 

Other current liabilities consisted of the following at June 30, 2024 and December 31, 2023 (in thousands):

 

June 30, 2024

 

 

December 31, 2023

 

Trade discount

$

3,000

 

 

$

3,000

 

Unearned revenue (a)

 

10,000

 

 

 

10,000

 

Other current liabilities

 

1,353

 

 

 

1,681

 

Total other current liabilities

$

14,353

 

 

$

14,681

 

(a) Refer to Note 3 for information regarding to the unearned revenue.

 

Other long-term liabilities consisted of the following at June 30, 2024 and December 31, 2023 (in thousands):

 

 

June 30, 2024

 

 

December 31, 2023

 

Trade discount

$

15,327

 

 

$

17,324

 

Other long-term liabilities

 

43

 

 

 

39

 

Total other long-term liabilities

$

15,370

 

 

$

17,363

 

 

On June 12, 2017, the Company entered into an API Supply Agreement with Telcon pursuant to which Telcon advanced to the Company approximately $31.8 million as an advance trade discount in consideration of the Company’s agreement to purchase from Telcon the Company’s estimated annual target for bulk containers of PGLG. On July 12, 2017, the Company entered into a raw material supply agreement with Telcon which revised certain items of the API Supply Agreement (the “revised API Agreement”). The Company purchased $368,000 and $388,000 of PGLG from Telcon for six months ended June 30, 2024 and 2023, respectively, of which $511,000 and $962,000 were reflected in accounts payable as of June 30, 2024 and December 31, 2023, respectively. The revised API Agreement provided for an annual API purchase target of $5 million and a target “profit” (i.e., gross margin) to Telcon of $2.5 million. To the extent these targets are not met, which management refers to as a “target shortfall,” Telcon may be entitled to payment of the target shortfall or to settle the target shortfall by exchange of principal and interest on the Telcon convertible bond and proceeds thereof that are pledged as a collateral to secure the Company’s obligations under the API Supply Agreement and the revised API Agreement. See Note 5 for information regarding the settlement of the target shortfall.