10-Q: Aquestive Reports Wider Losses Amid Revenue Decline

Sentiment:

Quarterly Report


Aquestive Therapeutics, Inc. reported a significant increase in net loss and a substantial decline in revenue for the second quarter and first half of 2025, primarily due to one-time revenue recognition in the prior year and the halted U.S. market access for Libervant, while its Anaphylm NDA was accepted by the FDA with a January 2026 PDUFA date.

Delay expectedThe U.S. market access for Libervant for ARS patients aged two to five years has been halted due to a court ruling vacating its FDA approval, converting it to 'tentative approval'. This means the product cannot be marketed in the U.S. for this age group until the appeal is resolved or the ODE for Valtoco expires (January 10, 2027), or if the FDA grants approval based on clinical superiority, which is uncertain.The company expects to file for FDA approval for Libervant for ARS patients aged between 6 and 11 years prior to the expiration of the ODE for Valtoco, but final approval for any age group is contingent on the resolution of the current legal challenge or ODE expiration.
Capital raiseThe company has a history of net losses and accumulated deficits, and expects to incur significant expenses and operating losses for the foreseeable future, indicating a continued need for external financing.The company explicitly states that 'additional capital and/or other financing or funding will be required, which could be material, to develop and commercialize Anaphylm and AQST-108, if approved by the FDA, and to meet our other cash requirements, including debt service, specifically our 13.5% Notes'.The company continues to utilize its At-The-Market (ATM) facility, with $78.000 million remaining authorized balance as of June 30, 2025, and generated $21.271 million in net proceeds from ATM sales in the first half of 2025.The company may seek outlicensing opportunities for proprietary products and product candidate programs (e.g., Libervant and Anaphylm) or explore other potential liquidity options or strategic opportunities, such as asset sales or other monetization opportunities.
Worse than expectedNet loss significantly increased for both the three and six-month periods ended June 30, 2025, indicating a worsening financial performance.Total revenues experienced substantial declines (50% for Q2, 42% for H1) compared to the prior year, primarily due to the absence of one-time revenue recognition events.U.S. market access for Libervant was vacated by a court ruling, leading to the cessation of marketing activities for a key proprietary product, which is a significant commercial setback.Net cash used for operating activities increased, reflecting a higher cash burn rate.

Summary

  • Net loss for the three months ended June 30, 2025, increased to $13.548 million from $2.745 million in the prior year period.
  • Net loss for the six months ended June 30, 2025, widened to $36.478 million from $15.573 million in the prior year period.
  • Total revenues decreased by 50% to $10.003 million for the three months ended June 30, 2025, compared to $20.099 million in the same period last year.
  • Total revenues decreased by 42% to $18.723 million for the six months ended June 30, 2025, compared to $32.152 million in the same period last year.
  • The decrease in revenue was primarily driven by a 93% decline in license and royalty revenue for the three-month period and 87% for the six-month period, due to one-time recognition of deferred revenues totaling $10.317 million in the prior year from Haisco and MTPA contract terminations.
  • Proprietary product revenue (Libervant) decreased by $797 thousand for the three months and $478 thousand for the six months due to the withdrawal of U.S. market access in April 2025.
  • Selling, general and administrative expenses increased by 44% to $31.777 million for the six months ended June 30, 2025, largely due to a $4.310 million Anaphylm PDUFA fee and $4.170 million in higher commercial spending.
  • Cash and cash equivalents stood at $60.536 million as of June 30, 2025, down from $71.546 million at December 31, 2024.
  • Net cash used for operating activities increased to $31.314 million for the six months ended June 30, 2025, compared to $17.390 million in the prior year.
  • The company's accumulated deficit reached $399.692 million as of June 30, 2025.
  • Anaphylm (epinephrine) Sublingual Film's New Drug Application (NDA) was accepted by the FDA on June 16, 2025, with a PDUFA target action date of January 31, 2026.
  • The company plans to initiate a product launch of Anaphylm in the first quarter of 2026, if approved.
  • U.S. market access for Libervant (diazepam) Buccal Film for ARS patients aged two to five years was vacated by a U.S. District Court ruling on February 14, 2025, leading the FDA to convert its approval to 'tentative approval' and the company to cease marketing activities.
  • Aquestive earned a $500 thousand milestone payment in Q2 2025 related to the sale of Emylif in the EU.
  • The company continues to be the exclusive manufacturer and supplier for Suboxone, which retains approximately 26% film market share.
  • The remaining authorized balance of the At-The-Market (ATM) facility was $78.000 million as of June 30, 2025, with $21.271 million net proceeds generated in the first half of 2025.

Sentiment

Score: 3

Explanation: The sentiment is negative due to significantly increased net losses, substantial revenue decline, and the major setback with Libervant's U.S. market access being vacated by a court ruling. While Anaphylm's NDA acceptance is a positive development, the overall financial performance and ongoing litigation risks outweigh this progress, indicating a challenging financial position and continued reliance on external funding.

Positives

  • Anaphylm's NDA was accepted by the FDA on June 16, 2025, with a PDUFA target action date of January 31, 2026, indicating significant progress towards potential market approval.
  • Positive topline data from Anaphylm's pivotal clinical study demonstrated PK biocomparability to epinephrine auto-injectors and met secondary endpoints for PK sustainability, safety, and tolerability.
  • Anaphylm's self-administration PK study showed a median time to maximum concentration (Tmax) of 15 minutes, significantly faster than the 50 minutes for IM injection, highlighting a potential patient benefit.
  • The OASIS study for Anaphylm showed rapid symptom resolution (median 12 minutes) and consistent PK/PD profiles even during allergen-induced oral physiological changes.
  • The pediatric study for Anaphylm (ages 7-17) yielded positive topline data, with PK results consistent with adult studies and a favorable safety profile.
  • Aquestive received positive pre-NDA written response feedback from the FDA, indicating no additional adult clinical trials would be necessary for the Anaphylm NDA submission and agreement on planned content and format.
  • A $500 thousand milestone payment was earned in Q2 2025 from Zambon for the sale of Emylif in the EU, demonstrating continued revenue from licensed products.
  • The company successfully utilized its ATM facility, generating $21.271 million in net proceeds during the first half of 2025, providing near-term liquidity.

Negatives

  • Net loss significantly increased to $13.548 million for Q2 2025 and $36.478 million for H1 2025, compared to $2.745 million and $15.573 million in the respective prior year periods.
  • Total revenues decreased by 50% for Q2 2025 and 42% for H1 2025, primarily due to the absence of one-time deferred revenue recognition from Haisco and MTPA contract terminations that occurred in the prior year.
  • U.S. market access for Libervant for ARS patients aged two to five years was vacated by a U.S. District Court ruling on February 14, 2025, leading to the cessation of marketing activities and conversion to 'tentative approval'.
  • The company's accumulated deficit grew to $399.692 million as of June 30, 2025, reflecting a history of net losses.
  • Net cash used for operating activities increased by $13.924 million for the six months ended June 30, 2025, indicating higher cash burn.
  • Suboxone branded products' film market share has eroded to approximately 26% due to generic competition, impacting a substantial part of current operating revenue.
  • The company is unlikely to receive up to $75.000 million in additional contingent payments from the KYNMOBI Monetization Agreement due to Sunovion's voluntary withdrawal of KYNMOBI from U.S. and Canadian markets.
  • Selling, general and administrative expenses increased significantly, partly due to the Anaphylm PDUFA fee and higher commercial spending, contributing to increased losses.

Risks

  • The company has a history of net losses and accumulated deficits, requiring continued external financing until profitability is achieved.
  • The U.S. District Court's ruling vacating Libervant's FDA approval and the ongoing appeal create significant uncertainty regarding future U.S. market access for Libervant for any age group.
  • The company faces substantial litigation risks, including product liability lawsuits related to Suboxone, and the ongoing California litigation with Neurelis.
  • Reliance on a single major customer, Indivior, for a substantial portion of current operating revenue, with an expected general decline in Suboxone revenue.
  • The ability to raise additional capital through debt or equity markets, including the ATM facility, is not assured and could lead to further shareholder dilution or increased repayment obligations.
  • Potential delays or failure to receive FDA approval for product candidates like Anaphylm and AQST-108, or the requirement for additional clinical studies.
  • Risk of insufficient manufacturing capabilities to support demand for product candidates if approved, or for licensed products.
  • Eroding market share for Suboxone due to generic competition poses a risk to current operating revenue.
  • The company faces risks related to intellectual property rights and infringement claims, including ongoing patent infringement lawsuits.
  • Changes in laws or regulations, including potential tariffs on pharmaceutical imports, could adversely affect operating costs and financial condition.
  • The company has substantial ongoing interest payments and principal repayments for its 13.5% Notes starting in June 2026, and royalty obligation payments projected through 2034.

Future Outlook

The company expects to continue incurring significant expenses and operating losses for the foreseeable future as it advances product candidates through development and clinical trials, ultimately seeking regulatory approval. A product launch for Anaphylm is planned for the first quarter of 2026, if approved by the FDA. The company also plans to open an IND for AQST-108 in the fourth quarter of 2025 and initiate its Phase 2a clinical trial in the first half of 2026. The company will need to raise significant funding to support Anaphylm's commercialization efforts and expects to be dependent on external financing to achieve its operating plan until profitability is reached.

Management Comments

  • Management expects to continue to incur significant expenses and operating losses for the foreseeable future as it advances product candidates through all stages of development and clinical trials, ultimately seeking regulatory approval.
  • Management believes the company's ongoing business, existing cash and cash equivalents, expense management activities, and access to equity capital markets provide near-term liquidity for at least the next twelve months.
  • Management has updated the projected years of payments for Royalty Right Agreements to 2034 and the effective interest rate by 0.56% as of December 31, 2024.
  • Management expects to continue to manage business costs to appropriately reflect the anticipated general decline in Suboxone revenue and other external resources or factors affecting the business.
  • Management plans to continue to focus on the core drivers of value for stockholders, including continued investments in ongoing product development activities in support of Anaphylm and AQST-108.

Industry Context

The company operates in the specialty pharmaceutical sector, focusing on innovative drug delivery technologies like PharmFilm for complex molecules. Its pipeline addresses significant market opportunities such as severe allergic reactions (anaphylaxis) and epilepsy. The progress of Anaphylm positions the company to potentially introduce the first non-device based, orally delivered epinephrine product, a significant innovation in a market currently dominated by auto-injectors and recently, nasal sprays. The setback with Libervant highlights the competitive and regulatory challenges within the orphan drug space, particularly concerning market exclusivity. The declining market share of Suboxone due to generic competition reflects a broader industry trend where established branded drugs face significant pressure upon patent expiration.

Comparison to Industry Standards

  • Anaphylm's clinical results showing PK biocomparability to auto-injectors like EpiPen and Auvi-Q, and a faster median Tmax (15 minutes vs. 50 minutes for IM injection), suggest a potentially superior patient experience compared to existing standards of care for anaphylaxis.
  • The vacating of Libervant's FDA approval due to a legal challenge regarding Orphan Drug Exclusivity (ODE) for a competitor (Valtoco) highlights the complex and often litigious nature of market exclusivity in the rare disease space, a common challenge for companies developing treatments for conditions like Lennox-Gastaut syndrome.
  • The company's reliance on its ATM facility and other equity offerings for funding is a common strategy for pre-revenue or early-commercial-stage biotech companies, but the significant accumulated deficit and increased cash burn indicate a higher capital need compared to more established, profitable pharmaceutical firms.
  • The erosion of Suboxone's market share to generics is a typical lifecycle event for branded pharmaceuticals, underscoring the importance of pipeline development for long-term sustainability, similar to how other companies manage mature product portfolios.

Legal Proceedings

  • **California Litigation (Neurelis, Inc. v. Aquestive Therapeutics, Inc.)**: Neurelis alleges unfair competition, defamation, and trade libel. The trial is scheduled for January 5, 2026. The company cannot determine the ultimate outcome or estimate potential loss.
  • **Neurelis FDA Lawsuit (Neurelis v. Califf, et al.)**: Neurelis challenged the FDA's approval of Libervant for ARS patients aged two to five years. On February 14, 2025, the U.S. District Court ruled in favor of Neurelis, vacating Libervant's approval. The FDA is appealing this ruling. The company has ceased marketing activities for Libervant in the U.S. and cannot predict the ultimate outcome or whether U.S. market access will be granted before the Orphan Drug Exclusivity expiration.
  • **Suboxone Product Liability Litigation**: The company is a defendant in a Multidistrict Litigation (MDL) in Ohio, a state court case in New Jersey, and three proposed class action lawsuits in Canada. Plaintiffs allege dental injuries from Suboxone. Indivior has agreed to defend the company in the U.S. MDL. The company cannot determine the ultimate outcome or estimate potential loss.

Stakeholder Impact

  • **Shareholders**: Face significant dilution risk from potential future equity financings and continued operating losses. The vacating of Libervant's approval and ongoing litigation create uncertainty regarding future revenue streams and stock performance. Anaphylm's progress offers potential upside, but its success is critical.
  • **Employees**: The company's focus on expense management and potential future reductions in staff or R&D programs could impact employment stability, although continued investment in Anaphylm and AQST-108 development suggests stability in those areas.
  • **Customers (Licensees)**: Indivior, Hypera, Assertio, and Zambon continue to be key partners for manufacturing and commercialization. The decline in Suboxone's market share could affect Indivior's demand, while the Libervant setback impacts Pharmanovia's licensed territory outside the U.S. The termination of Haisco and MTPA agreements indicates a shift in licensing relationships.
  • **Creditors (Note Holders)**: The company has substantial debt obligations (13.5% Notes) with principal payments starting in June 2026 and royalty obligations. The company's ability to meet these obligations depends on its operating performance and access to capital, posing a risk to creditors.
  • **Patients**: The progress of Anaphylm offers hope for a novel, non-invasive treatment for anaphylaxis. The halted U.S. market access for Libervant means patients aged two to five years will not have access to this orally administered rescue therapy in the U.S. for the foreseeable future, impacting patient care options.

Next Steps

  • Initiate a product launch of Anaphylm in the first quarter of 2026, if approved by the FDA.
  • Continue preparing for a potential advisory committee meeting for Anaphylm, if required by the FDA.
  • Pursue regulatory strategies for Anaphylm outside the United States, including a planned meeting with Health Canada and submission of a Marketing Authorization Application to EMA.
  • Open an Investigational New Drug (IND) application for AQST-108 in the fourth quarter of 2025.
  • Initiate the Phase 2a clinical trial for AQST-108 in the first half of 2026.
  • Continue communicating with the FDA on a path forward for approval of Libervant for ARS patients aged between two and five years, potentially based on clinical superiority.
  • The FDA is appealing the District Court's ruling regarding Libervant's approval.
  • File for FDA approval for use of Libervant for ARS patients aged between 6 and 11 years prior to the expiration of the Orphan Drug Exclusivity for Valtoco.
  • Continue to manage business costs to appropriately reflect anticipated general decline in Suboxone revenue.
  • Continue to defend against ongoing legal proceedings, including the California Litigation (trial scheduled January 5, 2026) and Suboxone product liability litigation.

Key Dates

DateDescription
August 2008Company entered into the Indivior License Agreement for Suboxone.
April 2011Company entered into a Collaboration and License Agreement with Zevra (formerly KemPharm, Inc.).
March 2012Company entered into an agreement with Zevra to terminate the Collaboration and License Agreement, retaining rights to participate in value from KP-415 and KP-484 compounds.
April 1, 2016Company entered into a license agreement with Cynapsus Therapeutics Inc. (later Sunovion) for KYNMOBI.
November 10, 2016Libervant was originally granted Orphan Drug Designation.
November 1, 2018Sympazan was approved by the FDA.
December 2018Company commercially launched Sympazan.
September 2019Company established its first ATM facility.
December 5, 2019Neurelis, Inc. filed a lawsuit against the Company in California Superior Court.
November 22, 2019Exservan was approved by the FDA.
March 16, 2020Company entered into the First Amendment to the Sunovion License Agreement.
May 21, 2020KYNMOBI was approved by the FDA.
September 30, 2020Payment of $4.000 million from Sunovion for KYNMOBI approval was received.
October 23, 2020Company amended the Sunovion License Agreement.
November 3, 2020Company entered into the Monetization Agreement with Marathon for KYNMOBI royalties.
January 2021Company granted an exclusive license to MTPA for commercialization of Exservan in the United States.
March 2, 2021Zevra announced FDA approval of Azstarys for ADHD.
June 2021Exservan was launched by MTPA in the United States.
February 21, 2022Hypera received approval to market Ondif in Brazil from ANVISA.
February 24, 2022FDA cleared IND for Anaphylm, allowing clinical investigation in the U.S.
March 3, 2022Company entered into the Haisco Agreement for Exservan in China.
March 2022FDA granted Fast Track designation for Anaphylm.
June 6, 2022Company entered into Securities Purchase Agreements with certain purchasers.
September 26, 2022Company entered into the Pharmanovia Agreement for Libervant.
October 26, 2022Company entered into the Assertio Agreement to license Sympazan.
October 27, 2022Company received notice of allowance from PTO for Sympazan patent application, triggering $6.000 million milestone payment from Assertio.
August 2022FDA granted tentative approval for Libervant for patients 12 years of age and older.
December 2022EOP2 meeting with the FDA for Anaphylm provided clarity on clinical program expectations.
March 2, 2023Company and Indivior entered into the Indivior Amendment to the Indivior License Agreement, extending the term until August 16, 2026.
March 27, 2023Company amended the Pharmanovia Agreement to expand the scope of territory for Libervant.
June 2023Sunovion announced voluntary withdrawal of KYNMOBI from U.S. and Canadian markets.
June 14, 20233,689,452 Common Stock warrants were exercised, generating $3.542 million in proceeds.
August 1, 2023Company entered into a Letter Agreement with an Exercising Holder for 5,000,000 Common Stock Warrants, receiving $4.800 million gross proceeds and issuing New Warrants.
November 1, 2023Company issued $45.000 million aggregate principal amount of 13.5% Senior Secured Notes due 2028.
November 1, 2023Company and Note Holders entered into Royalty Right Agreements in connection with the 13.5% Notes.
November 17, 2023Court granted plaintiff's motion to file a third amended complaint in California Litigation.
Fourth Quarter 2023Company received comments from the FDA on the protocol for Anaphylm's pivotal clinical study, which commenced in the same quarter.
February 2, 2024Suboxone product liability litigation became a Multidistrict Litigation (MDL).
January 2024Company completed a Type C meeting with the FDA for Anaphylm, adequately addressing previous concerns.
March 2024Company released topline data from Anaphylm's pivotal clinical study.
March 22, 2024Company completed an Underwritten Public Offering of 16,666,667 shares of common stock.
April 3, 2024Company filed a new shelf registration statement on Form S-3, including a $100.000 million ATM facility prospectus.
April 22, 2024Company sold an additional 559,801 shares of Common Stock from the underwriters' option in the Underwritten Public Offering.
April 23, 2024The 2024 Registration Statement was declared effective by the SEC.
April 26, 2024FDA approved Libervant for U.S. market access for ARS patients aged two to five years.
May 2024Neurelis filed a complaint in the U.S. District Court for the District of Columbia against the FDA regarding Libervant's approval.
June 2024Haisco Agreement was terminated, and the Company recognized deferred revenue of $7.000 million.
June 2024Company reported positive topline PK data from Anaphylm's temperature/pH study.
June 2024MTPA and the Company mutually agreed to terminate the MTPA Licensing Agreement, recognizing deferred revenue of $3.317 million.
June 25, 2024Court entered a scheduling order governing further proceedings in the Neurelis FDA Lawsuit.
July 2024Company reported positive topline data from Anaphylm's self-administration PK study.
August 2024A nasal spray device was approved by the FDA for severe allergic reactions.
August 19, 2024Neurelis filed a motion for summary judgment in the FDA Lawsuit.
September 18, 2024Company and federal defendants filed cross-motions for summary judgment and opposed Neurelis's motion in the FDA Lawsuit.
October 2024Company reported positive topline data from an oral allergy syndrome challenge study (OASIS) for Anaphylm.
October 2024Libervant 5mg, 7.5mg, 10mg, 12.5mg and 15 mg for ARS patients between two and five years of age became available through multiple retail distribution channels.
October 2024Company presented results from a subsequent analysis of Anaphylm's pivotal study data at the ACAAI 2024 Annual Meeting.
October 9, 2024Neurelis filed its combined reply brief in the FDA Lawsuit.
October 30, 2024Company and federal defendants filed their closing briefs in the FDA Lawsuit.
November 2024Request for FDA withdrawal of the NDA for Zuplenz was completed.
November 22, 2024Company received positive pre-NDA written response feedback from the FDA for Anaphylm.
Fourth Quarter 2024FDA granted seven years of ODE to Libervant (diazepam) Buccal Film for ARS patients between two to five years of age.
Fourth Quarter 2024Company received pre-IND FDA feedback to align on the Phase 2a clinical trial design for AQST-108.
December 15, 2024Effective date for ASU 2023-07, Segment Reporting, which the Company adopted.
January 1, 2025New administration in the United States began to increase tariff rates on numerous products from a range of nations.
January 31, 2025The Indivior License Agreement provides for payment by Indivior of an agreed upon purchase price per unit until this date, and thereafter, subject to annual adjustments.
February 14, 2025U.S. District Court ruled in favor of Neurelis, granting summary judgment and directing FDA to vacate Libervant's approval for 2-5 year olds.
February 14, 2025NDA for Exservan was officially withdrawn as the product is no longer marketed in the U.S.
February 18, 2025Company filed an appeal of the District Court's decision with the U.S. Circuit Court of Appeals for the District of Columbia.
February 24, 2025Aquestive filed a request with the FDA to confirm approval of Libervant for ARS patients aged two to five years on clinical superiority grounds.
March 27, 2025DC Appellate Court denied the Company's emergency motion for stay regarding Libervant's approval.
April 1, 2025Pediatric study for Anaphylm (ages 7-17) completed with positive topline data reported.
April 2025U.S. market access for Libervant for patients between two to five years of age ended.
June 30, 2025End of the reporting period for this 10-Q filing. Warrants issued to 12.5% Senior Secured Noteholders expired.
August 7, 2025Number of outstanding shares of common stock was 99,723,635.
August 11, 2025Date of filing of this Quarterly Report on Form 10-Q.
January 5, 2026Trial scheduled for the California Litigation (Neurelis v. Aquestive).
January 31, 2026PDUFA target action date for Anaphylm NDA.
First Quarter 2026Planned product launch of Anaphylm, if approved by the FDA.
First Half 2026Planned initiation of Phase 2a clinical trial for AQST-108.
June 30, 2026Company will begin paying principal installments on the 13.5% Notes.
August 16, 2026Extended term of the Indivior License Agreement.
December 15, 2026Effective date for ASU 2024-03, Income StatementReporting Comprehensive IncomeExpense Disaggregation Disclosures.
January 10, 2027Scheduled date for the expiration of the U.S. orphan drug market exclusivity granted by the FDA to Valtoco nasal spray product of Neurelis.
June 8, 2027Expiration date for Common Stock warrants issued under Securities Purchase Agreements.
December 15, 2027Effective date for interim periods within fiscal years for ASU 2024-03.
March 31, 2028Extended date after which Sunovion has the right to terminate the Sunovion License Agreement for convenience.
March 2028Last annual minimum payment due from Sunovion related to Royalty receivable.
November 1, 2028Maturity date for the 13.5% Senior Secured Notes.
February 2, 2029Expiration date for New Warrants issued to Exercising Holder.
2034Updated projected end year for royalty obligation payments.

Recommendation

hold

The company presents a mixed bag of significant challenges and promising developments. The substantial increase in net losses, significant revenue decline (even accounting for one-time prior year items), and the critical setback with Libervant's U.S. market access being vacated by a court ruling are major concerns. These issues highlight the company's precarious financial position and continued heavy reliance on external capital. However, the positive progress of Anaphylm, including its NDA acceptance by the FDA with a PDUFA date and strong clinical data, represents a significant potential value driver. The future of the company hinges heavily on Anaphylm's approval and successful commercialization. Given the high risk associated with the current financial state and legal challenges, but also the substantial upside potential of Anaphylm, a 'hold' recommendation is appropriate. Investors should monitor Anaphylm's regulatory progress closely and assess the company's ability to secure necessary funding and navigate its legal landscape before making further investment decisions.

Keywords

Pharmaceuticals, Drug Development, SEC Filing, 10-Q, Anaphylm, Epinephrine, Sublingual Film, Libervant, Diazepam, Seizure Clusters, Orphan Drug Exclusivity, AQST-108, Alopecia Areata, Suboxone, Opioid Dependence, PharmFilm, Clinical Trials, FDA Approval, Biotechnology, Specialty Pharma

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