NEWS RELEASE TRANSMITTED BY CANADIAN CORPORATE NEWS
FOR: DRUG ROYALTY CORPORATION INC.
TSE SYMBOL: DRI
DECEMBER 17, 1998
Drug Royalty Acquires Significant New Interest Using Two New Financing Relationships - Latest Deal Expected To Significantly Boost Royalty Revenues
TORONTO, ONTARIO--Drug Royalty Corporation Inc. today announced that it has acquired from a third party, for $16 million, a royalty interest in the worldwide sales of a major anti-cancer drug that is expected to generate significant revenues for Drug Royalty in 1999 and beyond. Drug Royalty received financing on the transaction from a major bank, Royal Bank of Canada (TSE:RY), Toronto. A US investment manager, Paul Capital Partners, Silicon Valley, co-invested alongside Drug Royalty for a significant undisclosed amount, making the total transaction Drug Royalty's largest to date.
This acquisition meets three objectives set out in Drug Royalty's strategic plan:
- It confirms a template for completing royalty acquisitions in our target markets;
- It establishes two new relationships for non-equity financing; and
- It puts projected 1999 royalty revenue ahead of expectation in respect of the Company's three-year plan.
Drug Royalty has over $50 million invested in royalty interests of which 85 percent relates to interests in two leading oncology and immune products with worldwide sales of over US$2.3 billion, and 15 percent relates to other interests in earlier stage, innovative technologies. Drug Royalty's stated objective is to grow its royalty portfolio, in a diversified manner, to over $175 million with an emphasis on acquiring current royalty streams from growing pharmaceutical assets.
"Drug Royalty's 1999 revenues are expected to increase significantly as a result of this latest transaction, as well as our May 1998 acquisition of royalties from Neupogen(R) marketed by Amgen (Nasdaq:AMGN)," said Ian Lennox, President and CEO of Drug Royalty. "The overall transaction, including relationships with Paul Capital and the Royal Bank, represents a significant step forward in accelerating our growth."
Ian Lennox stated that Drug Royalty is confident that it has the financial capacity to complete additional royalty deals in 1999 without necessarily resorting to raising equity. "We remain committed to delivering on our strategy of building value for our shareholders from larger royalty transactions," added Lennox.
Jim Webster, Executive Vice-President of Drug Royalty, noted that "the bank's support in bridging part of this deal, is indicative of the quality of this transaction and our ability to respond without resorting to equity markets." Drug Royalty used a portion of its existing cash and part of a $10 million credit facility from the Royal Bank, to complete the acquisition. "I anticipate being in a position to repay this facility in full if we wish, in early 1999, from the significant royalty cash flows from this new interest and the Neupogen royalties," added Webster.
Webster also noted that Drug Royalty secured a co-investor, Paul Capital Partners, for the balance of the transaction not taken up by Drug Royalty. "We are pleased that Paul Capital recognized the underlying value of this royalty interest and partnered with us," said Webster. David E. Park, a senior partner of Paul Capital stated, "We have developed a solid relationship with and respect for the management of Drug Royalty on this transaction and we wish to work closely with them in the future."
Paul Capital Partners acquires private equity assets in the secondary market. Since its founding in 1991, Paul Capital has completed over 75 transactions worth over $1 billion.
Drug Royalty provides shareholders with a means of participating in the global life sciences industry by creating and acquiring royalty interests in pharmaceuticals. Drug Royalty is implementing its strategy through:
- creating new royalty contracts by providing funds to life science companies in return for royalties;
- acquiring existing royalty streams from public institutions, inventors or companies; and
- acquiring intellectual property rights which can be licensed for royalties.
Drug Royalty's common shares trade on The Toronto Stock Exchange under the symbol DRI. This release and other information about Drug Royalty Corporation Inc. can be found on their website at www.drugroyalty.com, or directly from:
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Ian Lennox or Jim Webster President & CEO Executive Vice-President Drug Royalty Corporation Inc. Drug Royalty Corporation Inc. (416) 863-1865 ext.234 (416) 863-1865 ext.225 (416) 863-5161 (FAX) (416) 863-5161 (FAX) ianl@drugroyalty.com jimw@drugroyalty.com
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Certain statements in this press release are forward-looking. Such forward-looking statements regard Drug Royalty Corporation Inc.'s future performance and involve various risks and uncertainties. There can be no assurance that such statements will prove to be accurate, and actual risks and future events could differ materially from those anticipated in such statements. Risk factors are listed from time to time in Drug Royalty Corporation Inc.'s public disclosure documents filed with The Toronto Stock Exchange and provincial securities commissions. Drug Royalty Corporation Inc. assumes no obligation to update the information contained in this press release.
BACKGROUND ON PACLITAXEL: ANTI-CANCER DRUG
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Overview
Paclitaxel is considered one of the most important drugs to emerge in cancer treatment in the last ten years. It is widely used today in combination therapy for a wide variety of advanced cancers including treatment of breast, ovarian and non-small cell lung cancer(1). Lung cancer is the leading cancer cause of death in the United States(2).
To date, paclitaxel has been primarily developed and commercialized by the world's leading oncology company, Bristol-Myers Squibb ("BMS") and marketed under the brand name Taxol(R). It is the single largest selling oncology drug in the world with estimated 1998 sales of US$1.2 billion, up 23 percent over the prior year(3). About two-thirds of Taxol sales come from the US market.
Paclitaxel was first approved in the US for the treatment of ovarian cancer in 1992(4) and for breast cancer in 1994. In 1997, paclitaxel was approved in the US for second-line treatment of AIDS-related Kaposi's sarcoma. In mid-1998, it was approved for the treatment of non-small cell lung cancer in the US and Europe. We expect that such new indications, particularly in combination with other treatments, will continue to significantly grow demand for the drug(3).
BMS has received numerous patents relating to the administration and processing of the drug which do not expire for up to fifteen years depending on the jurisdiction and the particular patent. It is believed that, depending upon successful patent litigation against BMS, the earliest that generic competition could enter the European and US markets is in 2003 and 2000, respectively. BMS has brought legal action against a number of potential generic competitors in defense of its patents.
Drug Royalty can participate in the growth of paclitaxel from both the patented and generic versions. Drug Royalty will earn a share of royalties received by a major US public institution that has a license agreement with BMS. In addition, Drug Royalty earns royalties from Phytogen Life Sciences Inc. which has a paclitaxel manufacturing facility in Delta, B.C. that recently received regulatory approval from the FDA and HPB. In 1995 and 1997, Drug Royalty provided royalty-based financing to Phytogen for a total of $4.5 million. In 1996, Mylan Laboratories Inc. entered into a license and supply agreement for paclitaxel with Phytogen Life Sciences Inc. for North America.
Generic Competition to Expand Market
It is anticipated that when competitors successfully introduce generic formulations, the paclitaxel market will significantly expand in volume terms because demand for the drug is currently constrained due to the high cost per treatment paid by hospitals and managed care organizations. Such an increase is expected to mitigate the effects of price discounting on the value of the overall market. A small number of companies are working to introduce generic forms of paclitaxel, including two leading generic companies, Mylan Laboratories Inc. and IVAX Corp. (AMEX:IVX) in the US.
Growth Potential from Clinical Development
Researchers are studying paclitaxel's effectiveness if used to treat breast and ovarian cancer earlier in the course of the diseases and, if demonstrated, this could significantly expand its usage(9). Clinical trials of some new drugs such as Genentech's (NYSE:GNE) Herceptin(R), have also demonstrated that when used in combination with paclitaxel, the combination has greater efficacy(5). The National Cancer Institute ("NCI") is currently conducting 130 clinical trials, including 23 Phase III trials. Phase III trials include: small cell lung cancer, first line treatment of breast cancer, and cancers of the bladder, prostate, esophagus, head and neck, cervix and endometrium(6).
Side-Effect Profile and Mode of Action
According to the NCI, paclitaxel's anti-tumor activity was discovered in the 1960s during a large-scale plant-screening program sponsored by the NCI. Interest in developing the drug increased in 1979 after scientists found that paclitaxel had a unique mechanism for preventing the growth of cancer cells: it affects the fiber-like structures called microtubules, which play an important role in cell division and other important cell functions. A large number of cell microtubules are formed at the start of cell division, and as cell division comes to an end, these microtubules are normally broken down. Unlike other drugs, paclitaxel binds itself to the microtubules and prevents them from breaking down. In the presence of this drug, cancer cells, which attempt to divide frequently, become so clogged with microtubules that they cease to grow and divide(7).
Paclitaxel's most toxic side effect is depression of bone marrow, which in turn diminishes the body's ability to produce the white blood cells that fight infection. Drugs such as Neupogen(R), marketed by Amgen, are used by oncologists to boost the immune system to fight infection in cancer patients. Other side effects would include reversible hair loss, gastrointestinal problems and nerve damage. However, the risks associated with paclitaxel are far outweighed by the drug's potential benefits(4),(7),(8).
The information provided in this news release has been obtained from sources that we believe to be reliable, but we do not represent that they are accurate or complete, and they should not be relied on as such.
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(1) Bristol-Myers Squibb Company - 1997 Annual Report (2) American Cancer Society - Cancer Facts and Figures 1998 (3) Cancer Treatments - Med Ad News, V17, N5, P68, May 1998 (4) The Medicine Market, Sunday, May 31, 1998 (5) SG Cowen Perspectives October 1998 - Pharmaceutical Therapeutic Categories Outlook - Page 10 (6) National Cancer Institute - PDQ Clinical Trial Search (7) National Cancer Institute - NCI Fact Sheet: Paclitaxel (8) Paclitaxel - Rx Lists Monographs (9) National Cancer Institute - Cancer Facts - Paclitaxel (Taxol, Registered Trademark) and Related Anticancer Drugs, October 22, 1998
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FOR FURTHER INFORMATION PLEASE CONTACT:
Drug Royalty Corporation Inc. Ian Lennox President & CEO (416) 863-1865 ext.234 (416) 863-5161 (FAX) ianl@drugroyalty.com or Drug Royalty Corporation Inc. Jim Webster Executive Vice-President (416) 863-1865 ext.225 (416) 863-5161 (FAX) (FAX) jimw@drugroyalty.com
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