UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 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 12, 2024

SIGA TECHNOLOGIES, INC.

(Exact name of registrant as specified in its charter)

Delaware
0-23047
13-3864870
(State or other jurisdiction of incorporation or organization)
(Commission file number)
(I.R.S. employer identification no.)

31 East 62nd Street
   
New York, New York
 
10065
(Address of principal executive offices)
 
(Zip code)

Registrant’s telephone number, including area code: (212) 672-9100

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 (see General Instruction A.2. below):


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, $.0001 par value
SIGA
The Nasdaq Global Market
 
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 12, 2024, SIGA Technologies, Inc. (the “Company”) issued a press release (the “Press Release”) announcing its financial results for the three and twelve months ended December 31, 2023.

Pursuant to General Instruction B.2 of Form 8-K, the information contained in, or incorporated into, this Item 2.02, including the Press Release, is being furnished and shall not be deemed “filed” for the 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 into any registration statement or other filing under the Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by specific reference to such filing.

The full text of the Press Release is attached as Exhibit 99.1 hereto and incorporated herein by reference.

Item 9.01
Financial Statements and Exhibits.

(d) The following exhibits are included in this report:

Exhibit
No.
Description
Earnings Press Release, dated March 12, 2024.
104
Cover Page Interactive Data File (embedded within the Inline XBRL document).


SIGNATURES

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


SIGA TECHNOLOGIES, INC.



By:
/s/ Daniel J. Luckshire

Name:
Daniel J. Luckshire

Title:
Chief Financial Officer



Date: March 12, 2024






Exhibit 99.1
 
SIGA Reports Financial Results for Three and Twelve
Months Ended December 31, 2023

•      Increased Product Sales to $131 Million in 2023
 
•      Grew Pre-tax Operating Income to $84 Million in 2023
 
•      Declared Today a Special Cash Dividend of $0.60 per Share
 
•      Corporate Update Conference Call Today at 4:30 PM ET
 
NEW YORK -- SIGA Technologies, Inc. (SIGA) (NASDAQ: SIGA), a commercial-stage pharmaceutical company, today reported financial results for the three and twelve months ended December 31, 2023.
 
“In 2023, SIGA had approximately $131 million in product revenues and approximately $84 million of pre-tax operating income,” stated Diem Nguyen, Chief Executive Officer. “These financial results represent a significant increase over the 2022 financial results; product revenues increased 51% over the corresponding 2022 amount, and pre-tax operating income year increased 96% over the corresponding 2022 amount.  The overall financial performance, and growth over prior-year financial results, highlight the strength, resilience and growth potential of SIGA’s business model and are a testament to SIGA’s long-standing leadership within the public health sector.  We look forward to continuing our strong performance and sector leadership in 2024.”
 

Summary Financial Results
 
 
($ in millions, except
per share amounts)
 
Three Months
Ended
December 31
   
Year
Ended
December 31
 
   
2023
   
2022
   
2023
   
2022
 
Product Sales(1)
 
$
115.7
   
$
5.1
   
$
130.7
   
$
86.7
 
Total revenues
 
$
116.5
   
$
11.4
   
$
139.9
   
$
110.8
 
Operating income (loss)(2)
 
$
91.7
   
(1.8
)
 
$
83.6
   
$
42.7
 
Income (loss) before income taxes(2)
 
$
92.9
   
(1.2
)
 
$
87.8
   
$
44.1
 
Net income (loss)
 
$
72.3
   
(0.8
)
 
$
68.1
   
$
33.9
 
Diluted income (loss) per share
 
$
1.01
   
(.01
)
 
$
0.95
   
$
0.46
 

(1)
Includes supportive services related to product sales.
 
(2)
Operating income (loss) excludes, and income (loss) before income taxes includes, other income and adjustments to the fair value of the Company’s outstanding warrant. Both line items exclude the impact of income taxes.
 
2023 Key Activity:
 
In 2023, SIGA had $131 million of product sales, including: approximately $98 million of fourth quarter product sales of oral TPOXX to the U.S. Strategic National Stockpile (“SNS”); approximately $11 million of product sales of oral TPOXX to the U.S. Department of Defense, of which approximately $6 million was recognized in the fourth quarter; and approximately $21 million of international sales, of which approximately $12 million was recognized in the fourth quarter.  In the first two months of 2024, the Company delivered an additional approximately $15 million of oral TPOXX to the SNS, substantially completing the oral TPOXX order received in July 2023, as well as delivered an additional approximately $7 million of oral TPOXX to European countries and Canada.
 
Highlighting the continuing diversification of the Company’s revenue base, the Company has received procurement orders for oral TPOXX from over 25 countries over the past two years.  As an example of the diversification trend, in October 2023, the Company reported the creation by the European Commission’s DG HERA (Health Emergency Preparedness and Response Authority) of a joint procurement framework contract under which participating countries from the European Union (EU) and the European Free Trade Association (EFTA) can efficiently order oral TPOXX.  Under this mechanism, $18 million of oral TPOXX was ordered by 13 countries in the fourth quarter, and revenues were recorded for deliveries on substantially of these orders in the fourth quarter or the first two months of 2024.
 

Capital Management Activity:
 
On March 12, 2024, SIGA’s Board of Directors declared a special cash dividend of $0.60 per share, an increase of $0.15 per share from last year’s special cash dividend.  In 2023, the Company paid a special cash dividend of $0.45 per share, as well as repurchased approximately 1.7 million shares of its common stock.
 
Conference Call and Webcast
 
SIGA will host a conference call and webcast to provide a business update today, Tuesday, March 12, 2024, at 4:30 P.M. ET.
 
Participants may access the call by dialing 1-888-886-7786 for domestic callers or 1-416-764-8658 for international callers. A live webcast of the call will also be available on the Company's website at www.siga.com under the 'Events & Presentations' tab in the Investor Relations section, or by clicking here. Please log in approximately 5-10 minutes prior to the scheduled start time.
 
A replay of the call will be available for two weeks by dialing 1-844-512-2921 for domestic callers or 1-412-317-6671 for international callers and using Conference ID: 34411756. The archived webcast will be available in the Events and Presentations section of the Company's website.
 
ABOUT SIGA TECHNOLOGIES, INC. and TPOXX®
 
SIGA Technologies, Inc. is a commercial-stage pharmaceutical company focused on the health security market. Health security comprises countermeasures for biological, chemical, radiological and nuclear attacks (biodefense market), vaccines and therapies for emerging infectious diseases, and health preparedness. Our lead product is TPOXX®, also known as tecovirimat and ST-246®, an orally administered and IV formulation antiviral drug for the treatment of human smallpox disease caused by variola virus. TPOXX is a novel small-molecule drug and the US maintains a supply of TPOXX under Project BioShield. The oral formulation of TPOXX was approved by the FDA for the treatment of smallpox in 2018, and the IV formulation was approved for the same indication in 2022. The full label is available by clicking here. Oral tecovirimat received approval from the European Medicines Agency (EMA) and the Medicines and Healthcare Products Regulatory Agency (MHRA) in the United Kingdom in 2022. The EMA and UK approvals include labeling for oral tecovirimat indicating its use for the treatment of smallpox, monkeypox, cowpox, and vaccinia complications following vaccination against smallpox. The full label is available by clicking here. In September 2018, SIGA signed a contract with the Biomedical Advanced Research and Development Authority (BARDA), part of the office of the Administration for Strategic Preparedness and Response within the U.S. Department of Health and Human Services, for additional procurement and development related to both oral and intravenous formulations of TPOXX. For more information about SIGA, please visit www.siga.com.
 

About Orthopoxviruses
 
Orthopoxvirus, belonging to the family of poxvirus that infect humans, include smallpox, mpox, cowpox and vaccinia.  Smallpox, a highly contagious and fatal disease, presents itself as a risk to global health security today given fears of its release accidentally or intentionally as a bioweapon.  Mpox virus, similar to smallpox, causes intermittent human infections, painful lesions, and possible case fatalities.  Mpox outbreaks have been observed recently in the US, Europe, and Central & West Africa.  Whether through natural occurrence or potential bioweapon warfare, orthopox threatens global health.  Anti-virals and vaccines serve as possible solutions to address these threats.
 
FORWARD-LOOKING STATEMENTS
 
This press release contains “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995, as amended, including statements relating to SIGA’s future business development including securing new contracts and partnerships. The words or phrases “can be,” “expects,” “may affect,” “may depend,” “believes,” “estimate,” “project” and similar words and phrases are intended to identify such forward-looking statements. Such forward-looking statements are subject to various known and unknown risks and uncertainties, and SIGA cautions you that any forward-looking information provided by or on behalf of SIGA is not a guarantee of future performance. SIGA’s actual results could differ materially from those anticipated by such forward-looking statements due to a number of factors, some of which are beyond SIGA’s control, including, but not limited to, (i) the risk that BARDA elects, in its sole discretion as permitted under the 19C BARDA Contract (the “BARDA Contract”), not to exercise all, or any, of the remaining unexercised options under those contracts, (ii) the risk that SIGA may not complete performance under the BARDA Contract on schedule or in accordance with contractual terms, (iii) the risk that the BARDA Contract, U.S. Department of Defense contracts are modified or canceled at the request or requirement of the U.S. Government, (iv) the risk that the nascent international biodefense market does not develop to a degree that allows SIGA to continue to successfully market TPOXX internationally, (v) the risk that potential products, including potential alternative uses or formulations of TPOXX that appear promising to SIGA or its collaborators, cannot be shown to be efficacious or safe in subsequent pre-clinical or clinical trials, (vi) the risk that target timing for deliveries of product to customers, and the recognition of related revenues, are delayed or adversely impacted by the actions, or inaction, of contract manufacturing organizations, or other vendors, within the supply chain, or due to coordination activities between the customer and supply chain vendors, (vii) the risk that SIGA or its collaborators will not obtain appropriate or necessary governmental approvals to market these or other potential products or uses, (viii) the risk that SIGA may not be able to secure or enforce sufficient legal rights in its products, including intellectual property protection, (ix) the risk that any challenge to SIGA’s patent and other property rights, if adversely determined, could affect SIGA’s business and, even if determined favorably, could be costly, (x) the risk that regulatory requirements applicable to SIGA’s products may result in the need for further or additional testing or documentation that will delay or prevent SIGA from seeking or obtaining needed approvals to market these products, (xi) the risk that the volatile and competitive nature of the biotechnology industry may hamper SIGA’s efforts to develop or market its products, (xii) the risk that changes in domestic or foreign economic and market conditions may affect SIGA’s ability to advance its research or may affect its products adversely, (xiii) the effect of federal, state, and foreign regulation, including drug regulation and international trade regulation, on SIGA’s businesses, (xiv) the risk of disruptions to SIGA’s supply chain for the manufacture of TPOXX®, causing delays in SIGA’s research and development activities, causing delays or the re-allocation of funding in connection with SIGA’s government contracts, or diverting the attention of government staff overseeing SIGA’s government contracts, (xv) risks associated with actions or uncertainties surrounding the debt ceiling, (xvi) the risk that the U.S. or foreign governments' responses (including inaction) to national or global economic conditions or infectious diseases, such as COVID-19, are ineffective and may adversely affect SIGA’s business, and (xvii) risks associated with responding to the current mpox outbreak, as well as the risks and uncertainties included in Item 1A “Risk Factors” of our Annual Report on Form 10-K for the year ended December 31, 2023 and SIGA's subsequent filings with the Securities and Exchange Commission. SIGA urges investors and security holders to read those documents free of charge at the SEC's website at http://www.sec.gov.  All such forward-looking statements are current only as of the date on which such statements were made. SIGA does not undertake any obligation to update publicly any forward-looking statement to reflect events or circumstances after the date on which any such statement is made or to reflect the occurrence of unanticipated events.
 

The information contained in this press release does not necessarily reflect the position or the policy of the Government and no official endorsement should be inferred.
 
Contacts:
 
 
Investors
 
Media
 
Laine Yonker, Edison Group
lyonker@edisongroup.com
 
Holly Stevens, Berry & Company
hstevens@berrypr.com


SIGA TECHNOLOGIES, INC.
CONSOLIDATED BALANCE SHEETS
As of

   
December 31, 2023
   
December 31, 2022
 
ASSETS
           
Current assets
           
Cash and cash equivalents
 
$
150,145,844
   
$
98,790,622
 
Accounts receivable
   
21,130,951
     
45,406,960
 
Inventory
   
64,218,337
     
39,273,090
 
Prepaid expenses and other current assets
   
3,496,028
     
2,315,672
 
Total current assets
   
238,991,160
     
185,786,344
 
                 
Property, plant and equipment, net
   
1,331,708
     
1,848,314
 
Deferred tax asset, net
   
11,048,118
     
6,250,385
 
Goodwill
   
898,334
     
898,334
 
Other assets
   
2,083,535
     
252,546
 
Total assets
 
$
254,352,855
   
$
195,035,923
 
LIABILITIES AND STOCKHOLDERS' EQUITY
               
Current liabilities
               
Accounts payable
 
$
1,456,316
   
$
3,355,268
 
Accrued expenses and other current liabilities
   
10,181,810
     
6,304,061
 
Deferred IV TPOXX® revenue
   
20,788,720
     
10,548,720
 
Income tax payable
   
21,690,899
     
1,309,672
 
Total current liabilities
   
54,117,745
     
21,517,721
 
Other liabilities
   
3,376,203
     
3,358,160
 
Total liabilities
   
57,493,948
     
24,875,881
 
Commitments and contingencies
               
Stockholders' equity
               
Common stock ($.0001 par value, 600,000,000 shares authorized, 71,091,616 and 72,675,190 issued and outstanding at December 31, 2023 and December 31, 2022, respectively)
   
7,109
     
7,268
 
Additional paid-in capital
   
235,795,420
     
233,957,767
 
Accumulated deficit
   
(38,943,622
)
   
(63,804,993
)
Total stockholders' equity
   
196,858,907
     
170,160,042
 
Total liabilities and stockholders' equity
 
$
254,352,855
   
$
195,035,923
 


SIGA TECHNOLOGIES, INC.
CONSOLIDATED STATEMENTS OF OPERATIONS AND COMPREHENSIVE INCOME
For the Years Ended December 31

   
2023
   
2022
   
2021
 
Revenues
                 
Product sales and supportive services
 
$
130,668,209
   
$
86,661,583
   
$
126,802,536
 
Research and development
   
9,249,011
     
24,114,027
     
6,867,918
 
Total revenues
   
139,917,220
     
110,775,610
     
133,670,454
 
                         
Operating expenses
                       
Cost of sales and supportive services
   
17,825,090
     
10,432,561
     
16,601,880
 
Selling, general and administrative
   
22,043,023
     
35,117,241
     
18,033,581
 
Research and development
   
16,427,942
     
22,525,642
     
9,942,194
 
Total operating expenses
   
56,296,055
     
68,075,444
     
44,577,655
 
Operating income
   
83,621,165
     
42,700,166
     
89,092,799
 
Gain from change in fair value of warrant liability
   
     
400,663
     
117,770
 
Other income, net
   
4,155,508
     
1,031,903
     
101,172
 
Income before income taxes
   
87,776,673
     
44,132,732
     
89,311,741
 
Provision for income taxes
   
(19,707,847
)
   
(10,227,926
)
   
(19,860,975
)
Net and comprehensive income
 
$
68,068,826
   
$
33,904,806
   
$
69,450,766
 
Basic earnings per share
 
$
0.95
   
$
0.46
   
$
0.92
 
Diluted earnings per share
 
$
0.95
   
$
0.46
   
$
0.91
 
Weighted average shares outstanding: basic
   
71,362,209
     
72,929,550
     
75,322,194
 
Weighted average shares outstanding: diluted
   
71,679,270
     
73,546,501
     
76,402,716