Item 2.02 Results of Operations and Financial Condition.

On January 24, 2023, KemPharm, Inc. (the "Company") issued a letter to shareholders (the "Letter"), in which the Company announced that as of December 31, 2022, the Company's cash, cash equivalents and long-term investments were $102.9 million. The Letter is attached to this Current Report on Form 8-K ("Current Report") as Exhibit 99.1.

The foregoing cash, cash equivalents and long-term investments information is based on preliminary unaudited information and management estimates for the year ended December 31, 2022, is not a comprehensive statement of the Company's financial results as of and for the fiscal year ended December 31, 2022, and is subject to completion of the Company's financial closing procedures. The Company's independent registered public accounting firm has not conducted an audit or review of, and does not express an opinion or any other form of assurance with respect to, this preliminary estimate.

The information contained in this item, including Exhibit 99.1, is being furnished and 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 deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, except as expressly set forth by specific reference in such filing.

Forward-Looking Statements

This Current Report on Form 8-K contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. All statements contained in this Current Report that do not relate to matters of historical fact should be considered forward-looking statements, including without limitation statements regarding the Company's preliminary unaudited cash position as of December 31, 2022. Statements using words such as "expect", "anticipate", "believe", "may", "will" and similar terms are also forward-looking statements. These statements are neither promises nor guarantees, but involve known and unknown risks, uncertainties and other important factors that may cause the Company's actual results, performance or achievements to be materially different from any future results, performance or achievements expressed or implied by the forward-looking statements, including, but not limited to, the important factors discussed in detail in the "Risk Factors" section of the Company's Annual Report on Form 10-K for the year ended December 31, 2021, as updated by its Quarterly Report on Form 10-Q for the three months ended September 30, 2022, and its other filings with the Securities and Exchange Commission. Except as required by law, the Company undertakes no obligations to make any revisions to the forward-looking statements contained in this Current Report or to update them to reflect events or circumstances occurring after the date of this Current Report, whether as a result of new information, future developments or otherwise.

Item 9.01 Financial Statements and Exhibits.



(d) Exhibits



Exhibit No. Description

   99.1       Letter to Shareholders, dated January 24, 2023.
    104     Cover Page Interactive Data File (embedded within the Inline XBRL document)

--------------------------------------------------------------------------------

© Edgar Online, source Glimpses