|
Quotes & Info
|
| OSTE > SEC Filings for OSTE > Form 10-Q on 1-Aug-2008 | All Recent SEC Filings |
1-Aug-2008
Quarterly Report
Net Income
Three Months Ended Six Months Ended
June 30, June 30,
(dollars in thousands, Percent Percent
except per share amounts) 2008 2007 Change Change 2008 2007 Change Change
Net income $ 1,746 $ 855 $ 891 104 % $ 2,554 $ 207 $ 2,347 1,134 %
Earnings per share:
Basic $ .10 $ .05 $ .14 $ .01
Diluted $ .10 $ .05 $ .14 $ .01
|
The improvement in net income for the second quarter and first half of 2008,
compared to the respective prior year periods, resulted from increased revenue
and improved gross margin which were partially offset by higher operating
expenses and a higher effective tax rate. Net income for the three and six
months ended June 30, 2008 was also positively impacted by a gain of
$1.0 million from the settlement of certain litigation.
The net income in the second quarter and first half of 2007 was generated from
increased revenues, which resulted in improved gross profit contribution,
partially offset by an increase in operating expenses. Net income for the six
months ended June 30, 2007 was also negatively impacted by the first quarter
charges of $1.1 million for the settlement of certain litigation.
Revenue
For the three and six months ended June 30, 2008, revenue increased 4% and 7%,
respectively, from the same prior year periods. The products in the DBM and
Hybrid/Synthetic Segments compose our primary product areas and are designated
as such because they are the focus of our research and development initiatives
and we believe they offer us the highest potential for revenue growth and
profitability improvements. Revenue from these product lines increased 4% and 8%
in the second quarter and first half of 2008, respectively, compared to the
prior year periods. We plan to focus our strategic efforts on expanding the
domestic and international markets for our current and future primary product
lines.
The following table details the components of revenue for the three and six
months ended June 30, 2008 and 2007:
Three Months Ended Six Months Ended
June 30, June 30,
Percent Percent
(dollars in thousands) 2008 2007 Change Change 2008 2007 Change Change
DBM $ 16,575 $ 16,161 $ 414 3 % $ 33,541 $ 31,643 $ 1,898 6 %
Hybrid/Synthetic 727 408 319 78 % 1,371 641 730 114 %
Traditional Tissue 5,250 4,558 692 15 % 10,360 9,169 1,191 13 %
Spinal Allograft 2,286 3,221 (935 ) -29 % 4,536 6,009 (1,473 ) -25 %
Client Services 2,397 1,944 453 23 % 4,821 3,872 949 25 %
Other 318 178 140 79 % 555 353 202 57 %
$ 27,553 $ 26,470 $ 1,083 4 % $ 55,184 $ 51,687 $ 3,497 7 %
|
DBM Segment revenue, which consists of revenue from the sale of Grafton® DBM and
Xpanse® Bone Inserts and revenue from the processing of two private label DBMs,
increased 3% and 6% in the second quarter and first half of 2008, respectively,
as compared to the same periods in 2007, primarily as a result of increased unit
volumes. Revenue from Grafton® DBM, private label DBM tissue forms and Xpanse®
Bone Inserts changed 6%, (27)% and 7%, respectively, in the second quarter of
2008 compared to the second quarter of 2007 and 7%, (8)% and 15% respectively in
the first half of 2008 compared to 2007. We have been formally advised that one
of our private label DBM customers does not intend to renew its current
agreement with us upon its expiration in March 2009. We recognized $.5 million
of revenue from this customer in the first quarter of 2008 and the customer has
not made any purchases since. The decline in purchases by this customer is the
primary reason for the decline in private label DBM revenue in the three and six
months ended June 30, 2008.
Revenue in the Hybrid/Synthetic Segment, represented sales of our Plexur P™
Biocomposite and GraftCage® Spacers, increased 78% and 114% in the second
quarter and the first half of 2008, respectively, as compared to the same
periods of 2007 as a result of increased Plexur P™ revenue offsetting a decline
in revenue from the GraftCage® Spacers. We do not anticipate revenue from the
distribution of the GraftCage® Spacers to significantly contribute to our future
revenue streams.
Traditional Tissue Segment revenue resulted from the worldwide distribution of
allograft bone tissue grafts increased 15% and 13% in the three and six months
ended June 30 of 2008, respectively, as compared to the same periods in 2007.
The increase in 2008 traditional tissue revenues resulted from increased unit
sales volume.
Revenue in the Spinal Allograft Segment declined 29% and 25% in the second
quarter and first half of 2008, respectively, as compared to the same periods in
2007, primarily due to a decrease in unit sales volume.
Client Services Segment revenue, which is generated by the processing of
allograft bone tissue for our clients, mainly the Musculoskeletal Transplant
Foundation ("MTF"), increased 23% and 25% in the second quarter and first half
of 2008, respectively, as compared to the same periods in 2007. We anticipate
that revenue in the Client Services Segment will decline during the next two
quarters as we process fewer donors for MTF. Our contractual agreements with MTF
expire at the end of 2008 and, beginning in 2009, we expect revenue in this
segment to be insignificant.
Other revenue consists mainly of sales commission revenue and revenue related to
the international distribution of xenograft tissue grafts. During the second
quarter and first half of 2008, other revenue increased 79% and 57%,
respectively, compared to the same periods in 2007.
In the second quarter and first half of 2008, MTF accounted for $3.7 million and
$7.7 million, respectively, of revenue. MTF accounted for $4.1 million of
revenue for the three months ended June 30, 2007 and $8.6 million of revenue for
the six months ended June 30, 2007.
Gross Profit Margin
Three Months Ended Six Months Ended
June 30, June 30,
(dollars in thousands) 2008 2007 2008 2007
|
In both the second quarter and first half of 2008, gross margin improved over gross margin levels in the comparable 2007 periods, primarily due to increased unit processing volumes to support the increase in revenue and better management of inventory risk exposures, such as obsolescence. Operating Expenses
Three Months Ended Six Months Ended
June 30, June 30,
Percent Percent
(dollars in thousands) 2008 2007 Change Change 2008 2007 Change Change
Marketing, selling and
general and
administrative $ 11,323 $ 10,434 $ 889 9 % $ 23,003 $ 22,124 $ 879 4 %
Research and
development 1,774 1,281 493 38 % 3,534 2,445 1,089 45 %
Total $ 13,097 $ 11,715 $ 1,382 12 % $ 26,537 $ 24,569 $ 1,968 8 %
|
Marketing, selling and general and administrative expenses increased $.9 million
in each of the three and six months ended June 30, 2008 as compared to the same
periods in 2007. In the second quarter of 2008, we had higher non-cash stock
compensation costs and marketing and selling expenses, compared to the prior
year. In the six months ended June 30, 2008, we had higher non-cash stock
compensation costs and selling expenses compared to the prior year period. In
the six months ended June 30, 2007, we incurred $1.1 million in costs associated
with the settlement of and legal fees incurred in connection with certain
litigation.
In the second quarter and first half of 2008, research and development expenses
increased 38% and 45%, respectively, as compared to the same periods in 2007,
primarily due to the costs incurred for basic research, studies, product
development and process development activities to support the technologies and
products we are working on.
Operating Income (Loss) By Segment
Three Months Ended Six Months Ended
June 30, June 30,
Percent Percent
(dollars in thousands) 2008 2007 Change Change 2008 2007 Change Change
DBM $ 5,102 $ 4,532 $ 570 13 % $ 11,083 $ 7,639 $ 3,444 45 %
Hybrid/Synthetic 66 (43 ) 109 253 % (106 ) 3 (109 ) -3633 %
Traditional Tissue 670 536 134 25 % 1,526 1,942 (416 ) -21 %
Spinal Allografts 254 711 (457 ) -64 % 16 1,040 (1,024 ) -98 %
Client Services 1,617 1,427 190 13 % 3,046 3,005 41 1 %
Other 230 40 190 475 % 462 178 284 160 %
7,939 7,203 736 10 % 16,027 13,807 2,220 16 %
Corporate (6,534 ) (6,128 ) 406 -7 % (13,820 ) (13,269 ) 551 -4 %
Operating income $ 1,405 $ 1,075 $ 330 31 % $ 2,207 $ 538 $ 1,669 310 %
|
Total product segment operating income for the second quarter and first half of
2008 increased 10% and 16%, respectively, as compared to comparable 2007 periods
due to improved gross margin, partially offset by higher operating expenses. In
both the three and six months ended June 30, 2008, product segment operating
income, as a percent of revenue, increased to 29% compared to 27% in 2007.
We are focusing our efforts on our key products, which are included in the DBM
and Hybrid/Synthetic Segments. In doing so, more resources are being allocated
to these segments resulting in lower costs and expenses being allocated to other
products.
Costs and expenses associated with Corporate increased 7% and 4% in the three
and six months ended June 30, 2008, respectively, compared to the same periods
last year, primarily due to higher research and development expenses.
Other Income (Expense)
Other income in the second quarter of 2008 of $.7 million is principally the
result of proceeds from a litigation settlement of $1.0 million and interest
income of $.1 million on invested cash balances, partially offset by $.4 million
in interest expense associated with our capital lease obligation. In the second
quarter of 2007, other expense primarily represented interest expense of
$.4 million related to our capital lease obligation and foreign exchange losses
of $.1 million, which were partially offset by interest income of $.3 million.
Other income in the first half of 2008 of $.7 million is primarily the result of
the litigation settlement of $1.0 million, interest income of $.3 million and
foreign exchange gains of $.2 million, principally on intercompany debt, which
were partially offset by interest expense of $.8 million. In the first half of
2007, interest expenses of $.8 million associated with our capital lease
obligation and foreign exchange losses of $.1 million were only partially offset
by interest income of $.5 million and a $.1 million gain from a contingent
consideration payment related to the sale in 2002 of a foreign subsidiary.
Income Tax Provision
For the six months ended June 30, 2008, after the application of available net
operating loss carryforwards, we provided for Federal taxes based on the
alternative minimum tax method, certain state taxes on alternative bases and a
charge related to the assessment of uncertain tax positions as a result of the
ongoing Federal and state tax audits. We continue not to recognize any Federal,
state and certain foreign tax benefits, which were subject to full valuation
allowances in accordance with the Financial Accounting Standards Board ("FASB")
Statement of Financial Accounting Standard ("SFAS") No. 109, "Accounting for
Income Taxes." We intend to maintain the valuation allowances until sufficient
positive evidence exists to support the reversal of a valuation allowance that
we have established. We evaluate our position with respect to the valuation
allowances each quarter taking into consideration numerous factors, including,
but not limited to: past, present and forecasted results; the impact in each
jurisdiction of operating activities; and the effects of our strategic plan.
Should we continue to meet our financial expectations, the potential exists that
certain valuation allowances may be reversed in 2008, although there can be no
assurance that such action will take place.
We file U.S., state, and foreign income tax returns in jurisdictions with
varying statutes of limitations. The 2003 through 2007 tax years generally
remain subject to examination by Federal, foreign and most state authorities
including, but not limited to, the United States, France, Bulgaria and the State
of New Jersey. Our 2003 through 2005 Federal tax returns are currently under
examination by the U.S. Internal Revenue Service ("IRS") and the State of New
Jersey is examining certain of our 2003 to 2007 state tax filings.
The components of our unrecognized tax benefits ("UTBs") are substantially
comprised of deferred tax assets which are subject to a full valuation
allowance. To the extent we prevail in matters for which either a receivable or
a liability for a UTB has been established, are required to pay an amount or
utilize net operating loss carryforwards to settle a tax liability, or estimates
a change to a specific UTB, our effective tax rate in a given financial
reporting period may be affected.
During six months ended June 30, 2008, the total amount of our UTBs declined
approximately $1.6 million to $2.1 million. It is expected that the amount of
UTBs may change in the next twelve months due to our filing of amended Federal
and state tax returns, resolution of the revenue authority examinations and
expiring statutes of limitation and audit activity.
Liquidity and Capital Resources
At June 30, 2008, we had cash and cash equivalents of $19.1 million compared to
$22.8 million at December 31, 2007. Working capital declined to $56.2 million at
June 30, 2008 compared to $57.9 million at December 31, 2007. The decline in
working capital in 2008 resulted primarily from the use of a portion of
available cash to invest in additional long-term bone tissue inventories and
capital expenditures.
Net cash used by operating activities was $.1 million in the first half of 2008
compares to $2.2 million provided by operating activities in the first half of
2007. The change resulted primarily from increases in accounts receivable
related primarily to larger orders from customers who generally have longer
payment terms and an increased investment in unprocessed tissue of $5.1 million,
partially offset by an aggregate $1.6 million decline in work-in-process and
finished goods.
Net cash used in investing activities was $3.6 million and $1.2 million for the
six months ended June 30, 2008 and 2007, respectively, and principally relates
to funding of capital expenditures and intellectual property.
Net cash used by financing activities in the first half of 2008 relates
primarily to principal payments on our capital lease obligation partially offset
by proceeds from the exercise of stock options and the sale of common stock
pursuant to our employee stock purchase plan. In the first half of 2007,
proceeds received from the exercise of stock options and the sale of common
stock pursuant to our employee stock purchase plan were partially offset by
payments on our capital lease obligation resulting in net cash provided by
financing activities of $.4 million.
Based on our current projections, we believe that our currently available cash
and cash equivalents and anticipated future cash flow from operations will be
sufficient to meet our forecasted cash needs for the next twelve months. We may
seek additional funding to meet the needs of our long-term strategic plans. We
can provide no assurance that such additional funds will be available, or if
available, that such funds will be available on favorable terms.
Recent Accounting Developments
On January 1, 2008, we adopted the effective provisions of FASB SFAS No. 157,
"Fair Value Measurements" ("SFAS No. 157"), which defines fair value,
establishes a framework for measuring fair value in generally accepted
accounting principles, and expands disclosures about fair value measurements.
SFAS No. 157 applies under a number of other accounting pronouncements that
require or permit fair value measurements. Certain provisions of SFAS No. 157,
as they relate to non-financial assets and liabilities, are effective for us
beginning in January 1, 2009.
Fair value is defined under SFAS No. 157 as the exchange price that would be
received for an asset or paid to transfer a liability (an exit price) in the
principal or most advantageous market for the asset or liability in an orderly
transaction between market participants on the measurement date. Valuation
techniques used to measure fair value under SFAS No. 157 must maximize the use
of observable inputs. The standard describes a fair value hierarchy based on
three levels of inputs, of which the first two are considered observable and the
last unobservable, that may be used to measure fair value which are the
following:
• Level 1 - Quoted prices in active markets for identical assets or
liabilities.
• Level 2 - Inputs other than Level 1 that are observable, either directly or indirectly, such as quoted prices for similar assets or liabilities; quoted prices in markets that are not active; or other inputs that are observable or can be corroborated by observable market data for substantially the full term of the assets or liabilities.
• Level 3 - Unobservable inputs that are supported by little or no market activity and that are significant to the fair value of the assets or liabilities.
We adopted SFAS No. 157 for financial assets and liabilities. The adoption of
SFAS No. 157 had no impact on our consolidated results of operations and
financial condition. We hold certain investments in money market funds which are
valued in accordance with Level 1 and are included in cash and cash equivalents.
In March 2008, the FASB issued SFAS No. 161, "Disclosures about Derivative
Instruments and Hedging Activities, an amendment of SFAS No. 133" ("SFAS
No. 161"). SFAS No. 161 is effective for us beginning January 1, 2009 and
changes the disclosure requirements for derivative instruments and hedging
activities. We presently do not have derivative instruments nor do we
participate in hedging activities.
Contractual Obligations
As of June 30, 2008, there were no material changes in our contractual
obligations from that disclosed in Item 7, "Management's Discussion and Analysis
of Financial Condition and Results of Operations" in our Annual Report on Form
10-K for the year ended December 31, 2007.
Impact of Inflation and Foreign Currency Exchange Fluctuations
Results of operations for the periods discussed above have not been materially
affected by inflation or foreign currency fluctuations related to the
translation of financial statements denominated in foreign currency to U.S.
dollars. For additional discussion, see Footnote 10 to condensed consolidated
financial statements elsewhere in this Quarterly Report on Form 10-Q.
Litigation
We are involved in various legal proceedings. For a discussion of these matters,
see Note 14 of "Notes to Consolidated Financial Statements" and ITEM 3. LEGAL
PROCEEDINGS both of which are in our Annual Report on Form 10-K for the year
ended December 31, 2007. There were no material developments that occurred
during the six months ended June 30, 2008 in the lawsuits reported in the
Company's Annual Report on Form 10-K for the year ended December 31, 2007. We
are not aware of any other material matters or legal proceedings initiated
against us during the first six months of 2008.
It is possible that our results of operations or liquidity and capital resources
could be adversely affected by the ultimate outcome of pending litigation or as
a result of the costs of contesting such lawsuits.
|
|