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 UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 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): May 8, 2023
EVOLUS, INC.
(Exact name of registrant as specified in its charter)
Delaware
001-38381
46-1385614
(State or other jurisdiction
of incorporation)
(Commission File Number)
(I.R.S. Employer
Identification No.)

520 Newport Center Drive, Suite 1200
Newport Beach, California 92660
(Address of principal executive offices) (Zip Code)

(949) 284-4555
(Registrant’s telephone number, including area code)

N/A
(Former name or former address, if changed since last report)

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:

☐ 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 ClassTrading Symbol(s)Name of each exchange on which registered
Common Stock, par value $0.00001 per shareEOLS
The Nasdaq Stock Market LLC
(Nasdaq Global Market)


Indicate by check mark whether the registrant is an emerging growth company as defined in 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 1.01    Entry into a Material Definitive Agreement.
Dermal Filler License Agreement
On May 9, 2023, Evolus, Inc. (the “Company”) and Symatese S.A.S (“Symatese”), entered into a License, Supply and Distribution Agreement (the “Agreement”), pursuant to which Symatese granted to the Company an exclusive right to commercialize and distribute its five dermal filler product candidates,which are referred to as: (i) Lift; (ii) Smooth; (iii) Sculpt; (iv) Lips; and (v) Eye (each, a “Product” and collectively, the “Products”) in the United States for use in the aesthetics and dermatological fields (the “Field”). The Company also has the right of first negotiation to obtain a license from Symatese to commercialize and distribute any new products developed using the same technology as the Products in the Field in the United States.
As consideration for the rights granted under the Agreement, the Company is required to make up to €16.2 million in milestone payments to Symatese, including an initial payment of €4.1 million within 30 days of execution of the Agreement, and additional annual payments of €1.6 million in June 2025, €4.1 million in June 2026, €3.2 million in June 2027, and €3.2 million in June 2028, in each case subject to three of the Products gaining approval prior to that date. The Agreement is also subject to minimum purchase requirements, and failure to meet such requirements may result in a reduction or termination of the Company’s exclusive rights, subject to certain exceptions. Additionally, the Company has agreed to a specified cost-sharing agreement related to the registration of the Lips and Eye Products with the FDA.
The initial term of the Agreement is fifteen (15) years from the first FDA approval of a Product, with automatic renewals for successive five (5)-year terms subject to the terms of the Agreement.
The Agreement contains various representations and warranties, covenants and other provisions that are customary for a transaction of this nature. The representations, warranties and covenants contained in the Agreement were made only for purposes of the Agreement and as of specific dates, were solely for the benefit of the parties to the Agreement, and may be subject to limitations agreed upon by the parties. The representations and warranties may have been made for the purposes of allocating contractual risk between the parties to the Agreement instead of establishing these matters as facts.
The foregoing is a summary of the terms of the Agreement and is qualified in its entirety by reference to the Agreement, a copy of which will be filed as an exhibit to the Company’s Quarterly Report on Form 10-Q for the Quarter ended June 30, 2023.
Amendment to Pharmakon Debt Facility
On May 9, 2023, the Company entered into a Third Amendment to Loan Agreement (the “Third Amendment”) with BPCR Limited Partnership (as a “Lender”), BioPharma Credit Investments V (Master) LP (as a “Lender” and, together with BPCR Limited Partnership, the “Lenders”), and Biopharma Credit PLC, as collateral agent for the Lenders (in such capacity, the “Collateral Agent”), which amends certain terms of the Loan and Security Agreement, dated December 14, 2021, as amended, by and among the Company, Lenders, and Collateral Agent (the “Loan Agreement”).
The Third Amendment provides that, subject to the terms of the Loan Agreement, as amended, the Lenders will advance the second tranche of $50.0 million to the Company in two installments: (i) $25.0 million to be advanced on May 31, 2023 and (ii) $25.0 million to be advanced on December 15, 2023.
The Third Amendment increases the interest only period under the Loan Agreement by 12 months, after which the Company shall make seven equal quarterly amortizing payments each in an amount equal to 1/12th of the outstanding principal amount of the loan. The Company shall pay the remaining principal of the loan on the maturity date.
The Third Amendment permits the Company to obtain an additional $15.0 million line of credit with another party secured by portions of the Company's working capital.
The Third Amendment also amended the Loan Agreement to replace the interest rates based on London Interbank Offering Rate (LIBOR) with interest rates based on the Secured Overnight Financing Rate (“SOFR”) throughout the Loan Agreement.
The foregoing is a summary of the terms of the Third Amendment and is qualified in its entirety by reference to the Third Amendment, a copy of which will be filed as an exhibit to the Company’s Quarterly Report on Form 10-Q for the quarter ending June 30, 2023.

Item 2.02    Results of Operations and Financial Condition.




On May 9, 2023, the Company issued a press release announcing its financial results for the quarter ended March 31, 2023. The press release is being furnished as Exhibit 99.1 to this Current Report on Form 8-K.
As provided in General Instruction B.2 of Form 8-K, the information in this Item 2.02 of this Current Report on Form 8-K (including Exhibit 99.1) shall not be deemed “filed” for 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 incorporated by reference into any registration statement or other document filed under the Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by specific reference in such filing.
Item 2.03    Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant.

The information contained in Item 1.01 of this Current Report on Form 8-K with respect to the Third Amendment is incorporated herein by reference.

Item 7.01 Regulation FD Disclosure.

On March 9, 2023, the Company issued a press release announcing the execution of the Symatese Agreement. The press release is furnished as Exhibit 99.2 to this Current Report on Form 8-K.

As provided in General Instruction B.2 of Form 8-K, the information in this Item 7.01 (including Exhibit 99.1) shall not be deemed “filed” for 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 incorporated by reference into any registration statement or other document filed under the Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by specific reference in such filing.

Item 8.01 Other Events.

On May 8, 2023, the Company granted David Moatazedi, the Company’s Chief Executive Officer, an award of 560,000 performance restricted stock units under the Company’s 2017 Omnibus Incentive Plan. The Company’s Board of Directors (the “Board”) approved the grant in recognition of Mr. Moatazedi’s exceptional contributions to our success as well as the important role he plays in executing our strategic plans. As described in more detail below, the grant includes rigorous stock price-based performance goals. Based on the last closing price available at the time the Board met to approve the grant (the May 5, 2023 closing price of a share of the Company’s common stock on The Nasdaq Stock Market, which was $8.50 per share), the value of a share of the Company’s common stock would need to appreciate by more than 350% within five years in order for any portion of the award to become eligible to vest and by more than 580% within five years in order for the award to become eligible to fully vest.
The stock units subject to the award are subject to both performance- and time-based vesting requirements. 40% of the stock units subject to the award are eligible to vest if the average of the closing prices for a share of the Company’s common stock over a period of 20 consecutive trading days is $30 or more and an additional 60% of the stock units subject to the award are eligible to vest if the average of the closing prices for a share of the Company’s common stock over a period of 20 consecutive trading days is $50 or more, in each case within five years after the grant of the award and while Mr. Moatazedi is employed by the Company (or, in certain circumstances, within 20 days following a termination of his employment). In the event of a change in control of the Company, the award will be eligible to vest on a pro-rata basis (between the $30 and $50 stock price levels) if the consideration paid in the transaction for a share of the Company’s common stock is between $30 and $50. Any stock units that become eligible to vest based on stock price will vest, subject to Mr. Moatazedi’s continued service, over the four-year period after the grant date. The time-based vesting requirement will not apply as to any stock units eligible to vest based on attainment of the stock price levels referenced above in the event of Mr. Moatazedi’s death or total disability, or should his employment be terminated without “cause” or should he terminate employment for “good reason” (as these terms are defined in Mr. Moatazedi’s Employment Agreement with the Company).
The foregoing description of Mr. Moatazedi’s award does not purport to be complete and is qualified in its entirety by reference to the applicable Performance Restricted Stock Unit Award Agreement. The Company intends to file a copy of the Performance Restricted Stock Unit Award Agreement for the grant as an exhibit to its Quarterly Report on Form 10-Q for the quarter ending June 30, 2023.





Item 9.01    Financial Statements and Exhibits.

(d)    Exhibits.
Exhibit Number
Description
99.1
99.2
104Cover Page Interactive Data File (embedded within the Inline XBRL document)
    




SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
Evolus, Inc.
Dated: May 9, 2023
/s/ David Moatazedi
David Moatazedi
President and Chief Executive Officer



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Evolus Reports First Quarter 2023 Results
and Provides Business Update
Q1 2023 Net Revenue of $41.7 Million, Up 23% from Q1 2022
Reaffirms Full-Year 2023 Net Revenue Guidance of $180 to $190 Million
Raises 2028 Revenue Outlook from $500 Million to $700 Million Driven by Addition of Evolysse™ Dermal Filler Line Representing a 29% CAGR
Fully Funded to Profitability, Including the Dermal Filler Investment, by Utilizing Remaining $50 Million of Pharmakon Credit Facility

NEWPORT BEACH, Calif., May 9, 2023 – Evolus, Inc. (NASDAQ: EOLS), a performance beauty company with a customer-centric approach focused on delivering breakthrough products, today reported financial results for the first quarter ended March 31, 2023 and provided a business update.
“Following a record 2022, Evolus is off to a strong start to the year, reporting 23% revenue growth in the first quarter and continued market share gains in what continues to be a healthy aesthetic neurotoxin market,” said David Moatazedi, President and Chief Executive Officer. “During the quarter, we continued to experience strength in consumer demand as evidenced by an increase of more than 60,000 new members and an all-time high number of redemptions in our Evolus Rewards loyalty program, demonstrating sustained brand loyalty to Jeuveau®. This demand, coupled with robust new account additions and a co-branded media program that continues to generate higher growth rates among our existing customers, all drove a revenue growth rate multiples above the industry pace.”
Moatazedi continued, “Earlier this year we guided to $500 million revenue in 2028 based on the continued above-market performance of Jeuveau® in the U.S. and international expansion of Nuceiva®. Today, we announced the addition of the Evolysse™ line of dermal filler products, which expands our addressable market in the U.S. by 70%1, giving us the confidence to raise our 2028 revenue outlook to $700 million.”
First Quarter 2023 Highlights and Recent Developments
The company’s key sales and marketing metrics demonstrated continued strong momentum during the first quarter.
Evolus added more than 600 new customer accounts in the quarter, bringing the total number of customers purchasing since launch to more than 10,000. The reorder rate among customers remains above 70%.2
Enrollment in the Evolus Rewards consumer loyalty program grew by more than 60,000 members to 570,000.3
Total redemptions for the quarter hit an all-time high of nearly 140,000 as existing users continued to return for repeat treatments of Jeuveau® at a rate of 60%, demonstrating sustained brand loyalty.
Evolus continued to broaden its international presence beyond Canada and Great Britain with the recently announced launch of Nuceiva® in Germany and Austria.
First Quarter 2023 Financial Results
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Total net revenues for the first quarter of 2023 increased 23% to $41.7 million from $33.9 million in the first quarter of 2022 driven primarily by higher volumes of Jeuveau® and a modestly higher average selling price.
Gross profit margin and adjusted gross profit margin were 69.1% and 70.9%, respectively. Adjusted gross profit margin, which excludes amortization of intangible assets, was in line with company guidance.
Operating expenses for the first quarter of 2023 were $53.8 million compared to $54.3 million in the fourth quarter of 2022.
Non-GAAP operating expenses for the first quarter of 2023 were $35.5 million compared to $35.7 million in the fourth quarter of 2022. Non-GAAP operating expenses exclude product cost of sales, stock-based compensation expense, revaluation of the contingent royalty obligation, and depreciation and amortization.
Loss from operations was $12.0 million in the first quarter of 2023 compared to $10.6 million in the fourth quarter of 2022. Non-GAAP loss from operations in the first quarter of 2023 was $5.9 million compared to $5.4 million in the fourth quarter of 2022. Non-GAAP loss from operations excludes stock-based compensation expense, revaluation of the contingent royalty obligation, and depreciation and amortization.
Cash and cash equivalents at March 31, 2023 were $31.5 million, compared to $53.9 million at December 31, 2022. For the first quarter of 2023, net cash used for operating activities was $20.6 million, which included the final settlement payment of $5.0 million under the Medytox Settlement Agreement. Net cash used for operating activities in the first quarter of 2023 was lower than the first quarter of 2022, representing continued progress toward cash flow breakeven. Managing operating expenses and cash remain high priorities for the company.
Outlook
Evolus continues to expect total net revenues for the full year 2023 to be between $180 million and $190 million, representing year-over-year growth of 21% to 28% and more than double the estimated growth rate of the aesthetic neurotoxin market. The company also assumes a return to industry seasonal revenue patterns.
The company expects its adjusted gross profit margin for the full year 2023 to be between 68% and 71%.
Evolus now expects its full-year non-GAAP operating expenses to be between $153 million and $158 million. The increase from previous guidance is related to the investments associated with the dermal filler launch including the up-front payment of €4.1 million as described in the terms of the distribution agreement.
The company now expects to achieve positive non-GAAP operating income on a consolidated basis in 2025.
The company is fully funded to profitability4, including the dermal filler investment, by utilizing the remaining $50 million tranche of its existing credit facility with Pharmakon Advisors.
The company now projects its total net revenue can reach $700 million by 2028, a compound annual growth rate of 29%, based on the combination of its existing aesthetic neurotoxin business and anticipated launch of the Evolysse™ HA dermal filler product line beginning in 2025.
Conference Call Information
Management will host a conference call and live webcast to discuss Evolus’ financial results today at 4:30 p.m. ET. To participate in the conference call, dial (877) 407-6184 (U.S.) or (201) 389-0877 (international) or connect to the live webcast via the link on the Investor Relations page of our website at www.evolus.com.
Following the completion of the call, an audio replay can be accessed for 48 hours by dialing (877) 660-6853 (U.S.) or (201) 612-7415 (international) and using conference number 13737457. An archived webcast, which will remain available for 30 days, can also be accessed on the Investor Relations page of our website at www.evolus.com.
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About Evolus, Inc.
Evolus (Nasdaq: EOLS) is a performance beauty company evolving the aesthetic neurotoxin market for the next generation of beauty consumers through its unique, customer-centric business model and innovative digital platform. Our mission is to become a global, multi-product aesthetics company based on our flagship product, Jeuveau® (prabotulinumtoxinA-xvfs), the first and only neurotoxin dedicated exclusively to aesthetics and manufactured in a state-of-the-art facility using Hi-Pure™ technology. Visit us at www.evolus.com, and follow us on LinkedIn, Twitter, Instagram or Facebook.
Forward-Looking Statements
This press release contains forward-looking statements as defined under the Private Securities Litigation Reform Act of 1995 that involve risks and uncertainties, including statements about future events, our business, financial condition, results of operations and prospects, our industry and the regulatory environment in which we operate. Any statements contained herein that are not statements of historical or current facts are forward-looking statements. In some cases, you can identify forward-looking statements by terms such as “anticipate,” “believe,” “could,” “estimate,” “expect,” “intend,” “may,” “plan,” “potential,” “predict,” “project,” “should,” “will,” “would” or the negative of those terms, or other comparable terms intended to identify statements about the future. The company’s forward-looking statements include, but are not limited to, statements related to market conditions and consumer demand; financial and other benefits expected from the exclusive U.S. distribution rights for the Evolysse™ HA dermal filler product line; the company’s long-term revenue outlook and its financial outlook for 2023; and the company’s cash position and expectations for reaching profitability.
The forward-looking statements included herein are based on our current expectations, assumptions, estimates and projections, which we believe to be reasonable, and are subject to risks and uncertainties that could cause actual results to differ materially from those expressed or implied by the forward-looking statements. These risks and uncertainties, all of which are difficult or impossible to predict accurately and many of which are beyond our control, include, but are not limited to uncertainties associated with our ability to comply with the terms and conditions in the Medytox Settlement Agreements, our ability to fund our future operations or obtain financing to fund our operations, unfavorable global economic conditions and the impact on consumer discretionary spending, uncertainties related to customer and consumer adoption of Jeuveau® and EvolysseTM, the efficiency and operability of our digital platform, competition and market dynamics, our ability to successfully launch and commercialize our products in new markets, including the EvolysseTM dermal filler product line in the U.S., our ability to maintain regulatory approvals of Jeuveau® or obtain regulatory approvals for new product candidates or indications, our reliance on Symatese to achieve regulatory approval for the EvolysseTM dermal filler product line in the U.S., and other risks described in our filings with the Securities and Exchange Commission, including in the section entitled “Risk Factors” in our Annual Report on Form 10-K and our Quarterly Report on Form 10-Q for the quarter ended March 31, 2023 expected to be filed with the Securities and Exchange Commission on or about May 9, 2023. These filings can be accessed online at www.sec.gov. Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date hereof. Except as required by law, we undertake no obligation to update or revise any forward-looking statements to reflect new information, changed circumstances or unanticipated events. If we do update or revise one or more of these statements, investors and others should not conclude that we will make additional updates or corrections.
Use of Non-GAAP Financial Measures
Evolus’ financial results are prepared in accordance with accounting principles generally accepted in the United States of America (“GAAP”). This press release and the reconciliation tables included in the financial schedules below include adjusted gross profit, adjusted gross profit margin, non-GAAP operating expenses and non-GAAP loss from operations. Adjusted gross profit is calculated as gross profit excluding amortization of an intangible asset. Adjusted gross profit margin is defined as adjusted gross profit as a percentage of total net revenues. Non-GAAP operating expenses and non-GAAP loss from operations exclude (i) product cost of sales,
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in the case of non-GAAP operating expenses only, (ii) the revaluation of contingent royalty obligations, (iii) stock-based compensation expense, and (iv) depreciation and amortization. Management believes that adjusted gross profit margin is an important measure for investors because management uses adjusted gross profit margin as a key performance indicator to evaluate the profitability of sales without giving effect to costs that are not core to our cost of sales, such as the amortization of an intangible asset. Management believes that non-GAAP operating expenses and non-GAAP loss from operations are useful in helping to identify the company’s core operating performance and enables management to consistently analyze the period-to-period financial performance of the core business operations. Management also believes that non-GAAP operating expenses and non-GAAP loss from operations will enable investors to assess the company in the same way that management has historically assessed the company’s operating expenses against comparable companies with conventional accounting methodologies. The company’s definitions of adjusted gross profit, adjusted gross profit margin, non-GAAP operating expenses and non-GAAP loss from operations have limitations as analytical tools and may differ from other companies reporting similarly named measures. Non-GAAP measures should not be considered measures of financial performance under GAAP, and the items excluded from such non-GAAP measures should not be considered in isolation or as alternatives to financial statement data presented in the financial statements as an indicator of financial performance or liquidity. Non-GAAP measures should be considered in addition to results prepared in accordance with GAAP but should not be considered a substitute for or superior to GAAP results.
For a reconciliation of our historical adjusted gross profit margin, non-GAAP operating expenses and non-GAAP loss from operations presented herein to gross profit margin, GAAP operating expenses and GAAP loss from operations, the most directly comparable GAAP financial measures, please see “Reconciliation of Gross Profit Margin to Adjusted Gross Profit Margin,” “Reconciliation of GAAP Operating Expenses to Non-GAAP Operating Expenses” and “Reconciliation of GAAP (Loss) from Operations to Non-GAAP (Loss) from Operations” in the financial schedules below. In addition, this press release includes information regarding the company’s expected adjusted gross profit margin and non-GAAP operating expenses for full year 2023. Evolus has not provided a reconciliation of such forward-looking non-GAAP adjusted gross profit margin or non-GAAP operating expenses because a reconciliation of such measures to GAAP gross profit margin, and GAAP operating expenses, respectively, the most directly comparable GAAP financial measures, is not available without unreasonable efforts. This is due to the inherent difficulty of forecasting the timing or amount of various reconciling items that would impact the forward-looking outlook for these non-GAAP financial measures that have not yet occurred and/or cannot be reasonably predicted. Such unavailable information could have a significant impact on Evolus’ GAAP financial results.
Jeuveau® and Nuceiva® are registered trademarks of Evolus, Inc.
Evolysse is a trademark of Evolus, Inc.
Hi-Pure is a trademark of Daewoong Pharmaceutical Co, Ltd.

1 Source: Medical Insights Dermal Filler Market Study, March 2023 (www.miinews.com), BCG Aesthetic Research presented at IMCAS 2023 and company estimates.
2 Represents cumulative statistics from the launch of Jeuveau® in May 2019 through March 31, 2023.
3 Represents cumulative statistics from the launch of Evolus Rewards in May 2020 through March 31, 2023.
4 Within this press release, “profitability” is defined as achieving positive non-GAAP operating income.


###

Investor Contact:
David K. Erickson
Vice President, Investor Relations
Tel: 949-966-1798
Email: david.erickson@evolus.com

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Media Contact:
Email: media@evolus.com
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Evolus, Inc.
Consolidated Statements of Operations and Comprehensive Loss
(Unaudited, in thousands, except loss per share data)

Three Months Ended
March 31,
20232022
Revenue:
Product revenue, net$41,047 $33,226 
Service revenue674 682 
Total net revenues41,721 33,908 
Operating expenses:
Product cost of sales (excludes amortization of intangible assets)12,146 13,208 
Selling, general and administrative37,384 33,442 
Research and development1,381 468 
Revaluation of contingent royalty obligation payable to Evolus Founders1,648 1,316 
Depreciation and amortization1,202 922 
Total operating expenses53,761 49,356 
Loss from operations(12,040)(15,448)
Other income (expense):
Interest income99 — 
Interest expense(2,789)(2,048)
Other expense, net(38)(7)
Loss before income taxes:(14,768)(17,503)
Income tax expense (benefit)23 (2)
Net loss$(14,791)$(17,501)
Other comprehensive loss:
Unrealized loss, net of tax(79)(103)
Comprehensive loss$(14,870)$(17,604)
Net loss per share, basic and diluted$(0.26)$(0.31)
Weighted-average shares outstanding used to compute basic and diluted net loss per share56,476 55,731 
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Evolus, Inc.
Summary of Consolidated Balance Sheet Data
(Unaudited, in thousands)

March 31, 2023December 31, 2022
Cash and cash equivalents$31,463 $53,922 
Accounts receivable, net23,455 22,448 
Inventories23,418 18,852 
Prepaid expenses and other current assets5,749 5,580 
Total current assets84,085 100,802 
Noncurrent assets76,150 77,181 
Total assets$160,235 $177,983 
Accounts payable and accrued expenses$32,294 $33,729 
Accrued litigation settlement— 5,000 
Other current liabilities8,384 7,780 
Total current liabilities40,678 46,509 
Term loan, net of discount and issuance costs72,046 71,879 
Other noncurrent liabilities40,562 41,096 
Total liabilities$153,286 $159,484 
Total stockholders’ equity$6,949 $18,499 


Evolus, Inc.
Summary of Consolidated Cash Flows
(Unaudited, in thousands)

Three Months Ended March 31,
20232022
Net cash used in:
Operating activities
$(20,587)*$(38,199)*
Investing activities
(511)(261)
Financing activities
(1,282)(1,022)
Effect of exchange rates on cash(79)(103)
Change in cash and cash equivalents(22,459)(39,585)
Cash and cash equivalents, beginning of period53,922 146,256 
Cash and cash equivalents, end of period$31,463 $106,671 

*Includes a settlement payment of $5.0 million and $15.0 million to Allergan/Medytox in the three months ended March 31, 2023 and 2022, respectively.
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Evolus, Inc.
Reconciliation of Gross Profit Margin to Adjusted Gross Profit Margin
(Unaudited, in thousands)
Three Months Ended March 31,
20232022
Total net revenues$41,721 $33,908 
Cost of sales:
Product cost of sales (excludes amortization of intangible assets)12,146 13,208 
Amortization of distribution right intangible asset739 739 
Total cost of sales12,885 13,947 
Gross profit28,836 19,961 
Gross profit margin69.1 %58.9 %
Add: Amortization of distribution right intangible asset739 739 
Adjusted gross profit$29,575 $20,700 
Adjusted gross profit margin70.9 %61.0 %




















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Evolus, Inc.
Reconciliation of GAAP Operating Expenses to
Non-GAAP Operating Expenses
(Unaudited, in thousands)
Three Months Ended March 31,Three Months Ended December 31,
202320222022
GAAP operating expense$53,761 $49,356 $54,283 
Adjustments:
Product cost of sales (excludes amortization of intangible assets)12,146 13,208 13,370 
Revaluation of contingent royalty obligation1,648 1,316 1,809 
Stock-based compensation:
Included in selling, general and administrative3,167 2,914 2,329 
Included in research and development127 45 83 
Depreciation and amortization1,202 922 1,027 
Non-GAAP operating expense$35,471 $30,951 $35,665 



Evolus, Inc.
Reconciliation of GAAP (Loss) from Operations to
Non-GAAP (Loss) from Operations
(Unaudited, in thousands)
Three Months Ended March 31,Three Months Ended December 31,
202320222022
GAAP (loss) from operations$(12,040)$(15,448)$(10,637)
Adjustments:
Revaluation of contingent royalty obligation1,648 1,316 1,809 
Stock-based compensation:
Included in selling, general and administrative3,167 2,914 2,329 
Included in research and development127 45 83 
Depreciation and amortization1,202 922 1,027 
Non-GAAP (loss) from operations$(5,896)$(10,251)$(5,389)



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Evolus Announces Expansion into U.S. Dermal Filler Market with EvolysseTM, a First-Generation Cold Technology HA by Symatese

Portfolio of 5 Fillers in Late-Stage Development; First Approval Expected in 1H 2025
Raises 2028 Revenue Outlook from $500 Million to $700 Million Representing a 29% CAGR
Highly Capital Efficient Deal Structure Funded Through $50 Million Pharmakon Tranche; Company Expects to Remain Fully Funded to Profitability
Symatese, with 25 Years of Experience, Developed the XpresHAn Technology™/OBT® for the Latest Generation Restylane® HA Products


NEWPORT BEACH, Calif., May 9, 2023 – Evolus, Inc. (NASDAQ: EOLS), a performance beauty company with a customer-centric approach focused on delivering breakthrough products, today announced it has entered into a definitive agreement to be the exclusive U.S. distributor of a line of five unique dermal fillers currently in late-stage development. The addition of a filler line expands the company’s total addressable U.S. market by 70%1 by adding a $1.6 billion U.S. filler market opportunity to the existing $2.3 billion aesthetic neurotoxin market, with both markets expected to nearly double by 20281. As a result of this product expansion, the company has raised its 2028 revenue outlook by $200 million to $700 million.
“Today’s announcement represents a material step in achieving our goal of transforming Evolus into a multi-product aesthetics company,” said David Moatazedi, Evolus’ President and Chief Executive Officer. “We are excited to expand our portfolio with Evolysse™, a highly competitive filler line that complements our fast-growing aesthetic neurotoxin, Jeuveau®. Injectables are the cornerstone of aesthetics with neurotoxins and dermal fillers as the top two aesthetic procedures in the U.S. Our customer-centric approach, existing digital infrastructure and distribution platform will power the launch of this innovative filler technology into the hands of our customers and their patients.”
Moatazedi continued, “We are honored to partner with Symatese to introduce the Evolysse™ line to our U.S. customers beginning with the expected launch of the first two indications in the first half of 2025, followed by a third in 2026 and two more in 2027. Once fully launched, the Evolysse™ portfolio will offer a complete range of filler solutions to cover the spectrum of indications including mid-face, nasolabial folds, lips and eyes.
“From a financial standpoint, this long-term partnership is highly capital efficient and expected to be gross margin and operating income accretive at scale. Using the available $50 million tranche of our credit facility with Pharmakon Advisors we are funding our agreement obligations and expecting to carry Evolus to profitability in 20252. This transaction expands our product portfolio with a differentiated filler product line and we gain access to a large and growing market estimated to nearly double in size by 20281.”
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Symatese is a privately held French company that designs, engineers and manufactures regenerative medical solutions based on its innovative technology platforms. Symatese has a unique and combined expertise in the field of hyaluronic acid and injection systems and is well known for the development of the latest generation of Restylane® products in the United States based on XpresHAn Technology™/OBT®.
“For the last 25 years, Symatese has had a rich history in developing numerous products for aesthetic and therapeutic purposes,” said Jean-Paul Gérardin, CEO of Symatese. “We are particularly excited to partner with Evolus in bringing our next-generation HA filler product line to the U.S. This innovative technology, which is supported by a robust global clinical development program, is based on a pioneering, gentler crosslinking technology that better preserves hyaluronic acid chains and aims to improve product performance and safety for the benefit of practitioners and their patients.”
Transaction Terms and Updated Outlook
In consideration for the exclusive U.S. distribution rights, Evolus will pay Symatese a total of €16.2 million (approximately $17.8 million based on current foreign exchange rates) including an upfront payment of €4.1 million and €12.1 million of additional payments beginning in June 2025. Evolus will also pay Symatese a mid-single-digit royalty based on net sales and a transfer price for the product. The two companies will share responsibility for expenses related to the registration process for the two planned product launches in 2027. The initial agreement is for a term of 15 years, with automatic five-year renewal provisions.
By leveraging the existing Evolus digital infrastructure, sales force, rewards program and co-branded media, the company expects the EvolysseTM line to achieve a high contribution margin at scale, which is expected to drive an expansion of our consolidated operating margin and income. The company will finance the transaction, including certain upfront transaction costs and related development and launch expenses, through a capital-efficient structure by drawing from its existing $50 million credit agreement with Pharmakon Advisors. It is the company’s expectation that this funding will be sufficient to support its operations through to profitability as described more fully below.
The company’s 2028 revenue expectation for the organic growth of Jeuveau® to $500 million remains unchanged. Assuming the Evolysse™ product line launches as described above, the company expects to achieve $200 million in incremental annual sales by 2028. As such, the company is raising its 2028 revenue outlook to $700 million.
On a combined basis, taking into consideration the transaction fees, upfront costs, financing costs and initial operating losses introducing the filler line, the company now expects it will achieve non-GAAP operating income on a consolidated basis in 2025.
Conference Call Information
Management will host a conference call and live webcast to discuss this announcement and its financial results for the quarter ended March 31, 2023 today at 4:30 p.m. ET. To participate in the conference call, dial (877) 407-6184 (U.S.) or (201) 389-0877 (international) or connect to the live webcast via the link on the Investor Relations page of our website at www.evolus.com.
Following the completion of the call, an audio replay can be accessed for 48 hours by dialing (877) 660-6853 (U.S.) or (201) 612-7415 (international) and using conference number 13737457. An
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archived webcast, which will remain available for 30 days, can also be accessed on the Investor Relations page of our website at www.evolus.com.
About Symatese
Founded 25 years ago by Eric Perouse and Jean-Paul Gérardin, Symatese is a privately held French company specializing in Class I to III medical devices. The company maintains an international presence through six subsidiaries and four manufacturing facilities, most notably in China and Brazil, employing a team of 380 persons and 40 researchers. At the heart of Symatese’s research is the science of tissue regeneration and anatomical reconstruction for the benefit of doctors and patients. Every year, more than 25 million patients worldwide are treated thanks to its innovative hyaluronic acid, collagen, thermoplastic and silicone technologies. Symatese is able to address the most delicate and complex health issues based on its expertise in 15 therapeutic specialties, aesthetic medicine and its associated administration systems, while also relying on its own product and technology brands. Research & development partnerships with major global companies and from now on with Evolus, demonstrate this strong scientific and technological excellence. For more information, visit us at www.symatese.com, and follow us on Linkedin.
About Evolus, Inc.
Evolus (Nasdaq: EOLS) is a performance beauty company evolving the aesthetic neurotoxin market for the next generation of beauty consumers through its unique, customer-centric business model and innovative digital platform. Our mission is to become a global, multi-product aesthetics company based on our flagship product, Jeuveau® (prabotulinumtoxinA-xvfs), the first and only neurotoxin dedicated exclusively to aesthetics and manufactured in a state-of-the-art facility using Hi-Pure™ technology. Visit us at www.evolus.com, and follow us on LinkedIn, Twitter, Instagram or Facebook.
Forward-Looking Statements
This press release contains forward-looking statements as defined under the Private Securities Litigation Reform Act of 1995 that involve risks and uncertainties, including statements about future events, our business, financial condition, results of operations and prospects, our industry and the regulatory environment in which we operate. Any statements contained herein that are not statements of historical or current facts are forward-looking statements. In some cases, you can identify forward-looking statements by terms such as “anticipate,” “believe,” “could,” “estimate,” “expect,” “intend,” “may,” “plan,” “potential,” “predict,” “project,” “should,” “will,” “would” or the negative of those terms, or other comparable terms intended to identify statements about the future. The company’s forward-looking statements include, but are not limited to, statements related to financial and other benefits expected from the exclusive U.S. distribution rights for the EvolysseTM HA dermal filler product line; the company’s long-term revenue outlook and its financial outlook for 2023, expectations regarding regulatory approvals and product launches for the EvolysseTM HA dermal filler product lines; and the company’s cash position and expectations for reaching profitability.
The forward-looking statements included herein are based on our current expectations, assumptions, estimates and projections, which we believe to be reasonable, and are subject to risks and uncertainties that could cause actual results to differ materially from those expressed or implied by the forward-looking statements. These risks and uncertainties, all of which are difficult or impossible to predict accurately and many of which are beyond our control, include, but are not limited to uncertainties associated with our ability to comply with the terms and conditions in the Medytox Settlement
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Agreements, our ability to fund our future operations or obtain financing to fund our operations, unfavorable global economic conditions and the impact on consumer discretionary spending, uncertainties related to customer and consumer adoption of Jeuveau® and EvolysseTM, the efficiency and operability of our digital platform, competition and market dynamics, our ability to successfully launch and commercialize our products in new markets, including the EvolysseTM dermal filler product line in the U.S., our ability to maintain regulatory approvals of Jeuveau® or obtain regulatory approvals for new product candidates or indications, our reliance on Symatese to achieve regulatory approval for the EvolysseTM dermal filler product line in the U.S., and other risks described in our filings with the Securities and Exchange Commission, including in the section entitled “Risk Factors” in our Annual Report on Form 10-K and our Quarterly Report on Form 10-Q for the quarter ended March 31, 2023 expected to be filed with the Securities and Exchange Commission on or about May 9, 2023. These filings can be accessed online at www.sec.gov. Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date hereof. Except as required by law, we undertake no obligation to update or revise any forward-looking statements to reflect new information, changed circumstances or unanticipated events. If we do update or revise one or more of these statements, investors and others should not conclude that we will make additional updates or corrections.
Jeuveau® and EvolysseTM are trademarks of Evolus, Inc.
Hi-Pure is a trademark of Daewoong Pharmaceutical Co, Ltd.
Restylane®, XpresHAn Technology™ and OBT® are trademarks of Galderma S.A.

1 Source: Medical Insights Dermal Filler Market Study, March 2023 (www.miinews.com), BCG Aesthetic Research presented at IMCAS 2023 and company estimates.
2 Within this press release, “profitability” is defined as achieving positive non-GAAP operating income. “Non-GAAP operating income” excludes the revaluation of contingent royalty obligations, stock-based compensation expense, and depreciation and amortization. Management believes that non-GAAP operating income is useful in helping to identify the company’s core operating performance and enables management to consistently analyze the period-to-period financial performance of the core business operations. Management also believes that non-GAAP operating income will enable investors to assess the company in the same way that management has historically assessed the company’s operating income against comparable companies with conventional accounting methodologies. The company’s definition of non-GAAP operating income has limitations as an analytical tool and may differ from other companies reporting similarly named measures. Non-GAAP measures should not be considered superior to and are not intended to be considered in isolation or as a substitute for GAAP financial measures. Due to the forward-looking nature of the non-GAAP operating income outlook disclosed in this press release, no reconciliation of such non-GAAP measure to the comparable GAAP financial measure is available without unreasonable efforts. This is due to the inherent difficulty of forecasting the timing or amount of various reconciling items that would impact the forward-looking non-GAAP operating income, that have not yet occurred and/or cannot be reasonably predicted. Such unavailable information could have a significant impact on the company’s GAAP financial results.

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Evolus Contacts:
Investors:
David K. Erickson
Vice President, Investor Relations
Tel: 949-966-1798
Email: david.erickson@evolus.com

Media:
Email: media@evolus.com

Symatese Contact:
Laurent Brones
Corporate Communication Director
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Tel: +33 6 14 31 13 57
Email: l.brones@symatese.com


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