April 9, 2025
Eric Atallah
United States Securities and Exchange Commission
Division of Corporation Finance
100 F Street, N.E.
Washington, D.C. 20549
RE: Harmony Biosciences Holdings, Inc.
Form 10-K for the Fiscal Year Ended December 31, 2024
Filed February 25, 2025
Form 8-K dated February 25, 2025
File No. 001-39450
Dear Mr. Atallah:
Set forth below is the response of Harmony Biosciences Holdings, Inc. (the “Company”) to a comment received from the staff of the Division of Corporation Finance (the “Staff”) of the Securities and Exchange Commission (the “SEC”) by letter, dated March 28, 2025 regarding the Company’s filings referenced above. The Company’s response is provided underneath your original comments below.
SEC Comment
Form 8-K Dated February 25, 2025
Exhibit 99.1
| 1. | We note that your non-GAAP adjusted net income includes adjustments for upfront licensing fees, milestone payments and IPR&D charges incurred in connection with asset acquisitions. Please tell us how you determined that these adjustments do not represent normal, recurring, cash operating expenses necessary to operate your business. Refer to Question 100.01 of the Compliance & Disclosure Interpretations on Non-GAAP Financial Measures. |
Company Response
We respectfully acknowledge the Staff’s comment and advise the Staff that we will not include adjustments for upfront licensing fees, milestone payments and IPR&D charges incurred in connection with asset acquisitions in any future presentations of our non-GAAP measures.