ABII » Topics » Sales Provisions

This excerpt taken from the ABII 10-Q filed Aug 14, 2008.

Sales Provisions

Our sales provisions totaled $16.3 million and $14.3 million for the six months ended June 30, 2008 and 2007, respectively, and related reserves totaled $8.0 million and $7.9 million at June 30, 2008 and December 31, 2007, respectively. The increase in reserves relates primarily to contractual allowance reserves associated with increased sales of Abraxane®, as well as the timing of the related payments.

This excerpt taken from the ABII 10-Q filed May 15, 2008.

Sales Provisions

Our sales provisions totaled $7.9 million and $5.1 million for the three months ended March 31, 2008 and 2007, respectively, and related reserves totaled $8.2 million and $7.9 million at March 31, 2008 and December 31, 2007, respectively. The increase in reserves relates primarily to contractual allowance reserves associated with increased sales of Abraxane®, as well as the timing of the related payments.

These excerpts taken from the ABII 10-K filed Mar 31, 2008.

Sales Provisions

Our sales provisions totaled $30.5 million, $18.5 million and $26.5 million for the years ended December 31, 2007, 2006 and 2005, respectively, and related reserves totaled $7.9 million and $5.5 million at December 31, 2007 and 2006, respectively. The increase in reserves relates primarily to contractual allowance reserves associated with increased sales of Abraxane®, as well as the timing of the related payments.

Sales Provisions

STYLE="margin-top:6px;margin-bottom:0px; text-indent:4%;padding-bottom:3px;line-Height:95%; vertical-align:top">Our sales provisions totaled $30.5 million, $18.5 million and $26.5 million for the years
ended December 31, 2007, 2006 and 2005, respectively, and related reserves totaled $7.9 million and $5.5 million at December 31, 2007 and 2006, respectively. The increase in reserves relates primarily to contractual allowance reserves
associated with increased sales of Abraxane®, as well as the timing of the related payments.

FACE="Times New Roman" SIZE="2">Chargebacks

Following industry practice, we typically sell our product to independent
pharmaceutical wholesalers at wholesale list price. The wholesaler in turn sells our product to an end user, normally a hospital or alternative healthcare facility, at a lower contractual price previously established between us and the end user via
a group purchasing organization, or GPO. GPOs enter into collective purchasing contracts with pharmaceutical suppliers to secure more favorable product pricing on behalf of their end-user members.

STYLE="margin-top:12px;margin-bottom:0px; text-indent:4%">Our initial sale to the wholesaler, and the resulting receivable, are recorded at our wholesale list price. However, as most of these selling prices will
be reduced to a lower end-user contract price, at the time of sale revenue is reduced by, and a provision recorded for, the difference between the list price and estimated end-user contract price. When the wholesaler ultimately sells the product to
the end user at the end-user contract price, the wholesaler charges us, a chargeback, for the difference between the list price and the end-user contract price and such chargeback is offset against our initial estimated contra asset. The most
significant estimates inherent in the initial chargeback provision relate to wholesale units pending chargeback and the ultimate end-user contract selling price. We base our estimation for these factors primarily on internal sales and chargeback
processing experience, estimated wholesaler inventory stocking levels, current contract pricing and our expectation for future contract pricing changes.

STYLE="margin-top:12px;margin-bottom:0px; text-indent:4%;padding-bottom:3px;line-Height:95%; vertical-align:top">Our net chargeback reserve totaled $1.2 million and $1.5 million at December 31, 2007
and 2006, respectively. Due to information constraints in the distribution channel, it has not been practical, and has not been necessary, for us to capture and quantify the impact of current versus prior year activity on the chargeback provision.
Information constraints within the distribution channel primarily relate to our inability to track product through the channel on a unit or specific lot basis. In addition, for the most part, we do not receive information from our customers with
respect to what level of their sales are subject to chargeback. The lack of information on a specific lot basis precludes us from tracking actual chargeback activity to the period of our initial sale. As a result, we rely on internal data, external
IMS data and management estimates in order to estimate the amount of inventory in the channel subject to future chargeback. The amount of inventory in the channel is comprised of physical inventory at the distributor and that the distributor has yet
to report as end user sales. Physical inventory in the channel is determined by the difference between our sales less end user sales as reported by IMS. As IMS data is reported approximately one month after end user sales, the last month of end user
sales is determined by a mathematical trend incorporating IMS data for prior months. We estimate yet to be reported end user sales based on a historical average number of days to process charge back activities from the date of the end user sale. We
also review current year chargeback activity to determine whether material changes in the provision relate to prior period sales; such changes have not been material to our statements of operations. As a proprietary product, AbraxaneFACE="Times New Roman" SIZE="1">®
does not require significant chargeback reserves. A one percent decrease in our estimated end-user contract selling prices would reduce total revenue for the year ended December 31, 2007
by $0.3 million and a one percent increase in wholesale units pending chargeback at December 31, 2007 would decrease total revenue in the year ended December 31, 2007 by less than $0.1 million.

STYLE="margin-top:18px;margin-bottom:0px; margin-left:2%">Contractual Allowances, Returns and Credits and Bad Debts

FACE="Times New Roman" SIZE="2">Contractual allowances, generally rebates or administrative fees, are offered to certain wholesale customers, GPOs and end-user customers, consistent with pharmaceutical industry practices. Settlement of rebates and
fees may generally occur from one to 15 months from date of sale. We provide a general provision for contractual allowances at the time of sale based on the historical relationship between sales and such allowances. Upon

 


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receipt of chargeback, due to the availability of product and customer specific information on these programs, we then establish a specific provision for
fees or rebates based on the specific terms of each agreement. Our reserve for contractual allowances totaled $6.2 million and $3.3 million at December 31, 2007 and 2006, respectively. A one percent increase in contractual allowances for the
year ended December 31, 2007 would decrease net sales by $0.2 million. Contractual allowances are reflected in the combined financial statements as a reduction of net revenue and as a current accrued liability.

STYLE="margin-top:12px;margin-bottom:0px; text-indent:4%">Consistent with industry practice, our return policy permits our customers to return product within a window of time before and after the expiration of
product dating. We provide for product returns and other customer credits at the time of sale by applying historical experience factors generally based on our historic data on credits issued by credit category or product, relative to related sales
and we provide specifically for known outstanding returns and credits. Our reserve for customer credits and product returns totaled $0.4 million and $0.5 million at December 31, 2007 and 2006, respectively. At December 31, 2007, a one
percent increase in the estimated reserve requirements for customer credits and product returns would have decreased net revenue for the year ended December 31, 2007 by $0.3 million.

STYLE="margin-top:12px;margin-bottom:0px; text-indent:4%">We establish a reserve for bad debts based on general and identified customer credit exposure. Our historic bad debt losses have been insignificant.

This excerpt taken from the ABII 10-Q filed Dec 20, 2007.

Sales Provisions

Our sales provisions totaled $22.7 million and $12.9 million for the nine months ended September 30, 2007 and 2006, respectively, and related reserves totaled $8.4 million and $3.7 million at September 30, 2007 and December 31, 2006, respectively. The increase in reserves relates primarily to chargeback reserves associated with increased sales of Abraxane®, as well as the timing of the related chargeback payments.

This excerpt taken from the ABII 8-K filed Nov 8, 2007.

Sales Provisions

Our sales provisions totaled $14.3 million and $10.7 million for the six months ended June 30, 2007 and 2006, respectively, and related reserves totaled $6.6 million and $3.7 million at June 30, 2007 and December 31, 2006, respectively. The increase in reserves relates primarily to chargeback reserves associated with increased sales of Abraxane®, as well as the timing of the related chargeback payments.

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