UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

___________

 

FORM 8-K

 

CURRENT REPORT

 

PURSUANT TO SECTIONS 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934

 

Date of report (Date of earliest event reported): July 24, 2008

 

AVID TECHNOLOGY, INC.

(Exact Name of Registrant as Specified in Its Charter)

 

Delaware
(State or Other Jurisdiction of
Incorporation or Organization)

0-21174  
(Commission File Number) 

04-2977748
(I.R.S. Employer
 Identification No.)

 


Avid Technology Park, One Park West, Tewksbury, MA
(Address of Principal Executive Offices)


01876
(Zip Code)


Registrant’s telephone number, including area code: (978) 640-6789


                                                                                                               
(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 (see General Instruction A.2. below):

 

o

Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

o

Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

o

Pre-commencement communications pursuant to Rule 14d-2 (b) under the Exchange Act (17 CFR 240.14d-2(b))

 

o

Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 


This Current Report on Form 8-K contains a number of forward-looking statements, as defined by the Private Securities Litigation Reform Act of 1995, about the performance of Avid Technology, Inc. (the “Company”). For this purpose, any statements contained herein that are not statements of historical fact may be deemed to be forward-looking statements. Without limiting the foregoing, the words “believes,” “anticipates,” “plans,” “expects” and similar expressions are intended to identify forward-looking statements. There are a number of factors that could cause actual events or results to differ materially from those indicated by such forward-looking statements, many of which are beyond the Company’s control, including the risk factors disclosed previously and from time to time in the Company’s filings with the U.S. Securities and Exchange Commission. In addition, the forward-looking statements contained herein represent the Company’s estimate only as of the date of this filing and should not be relied upon as representing the Company’s estimate as of any subsequent date. While the Company may elect to update these forward-looking statements at some point in the future, the Company specifically disclaims any obligation to do so to reflect actual results, changes in assumptions or changes in other factors affecting such forward-looking statements.

 

Item 2.02.

Results of Operations and Financial Condition.

 

On July 24, 2008, the Company announced its financial results for the quarter ended June 30, 2008. The full text of the press release issued in connection with the announcement is furnished as Exhibit 99.1 to this Current Report on Form 8-K.

 

The information contained in Item 2.02 of this Form 8-K (including Exhibit 99.1) shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934 (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 or the Exchange Act, except as expressly set forth by specific reference in such a filing.

 

Item 9.01.

Financial Statements and Exhibits.

 

(d)

Exhibits.

 

The following exhibit relating to Item 2.02 shall be deemed to be furnished, and not filed:

 

 

99.1

Press Release issued by the Company on July 24, 2008.

 

 

 

2

 

 


SIGNATURE

 

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.

 

Date: July 24, 2008

AVID TECHNOLOGY, INC.
(Registrant)

 


By:


/s/ Ken Sexton                                          
Ken Sexton
Executive Vice President, Chief Financial Officer and Chief Administrative Officer

 

 

 

 

 

3

 

 


EXHIBIT INDEX

 

 

Exhibit No.

 

Description

 

 

 

99.1

 

Press release issued by the Company dated July 24, 2008.

 

 

 

 

 

 

4

 

 

 

Exhibit 99.1

 


 

For Immediate Release

 

Investor Contact:

Tom Fitzsimmons, tom_fitzsimmons@avid.com, 978-640-3346

Media Contact:

Lisa Pistacchio, lisa_pistacchio@avid.com, 650-930-3083

 

 

Avid Reports Second Quarter 2008 Results

 

TEWKSBURY, Mass., July 24, 2008 — Avid Technology, Inc. (Nasdaq: AVID) today reported revenue of $222.9 million for the three-month period ended June 30, 2008, compared to $225.3 million for the same period in 2007. GAAP net loss for the quarter was $10.4 million, or $.28 per share, compared to GAAP net loss of $6.0 million, or $.15 per diluted share, in the second quarter of 2007.

 

GAAP net loss in the second quarter of 2008 included $10.5 million of amortization, stock-based compensation, restructuring charges and related tax adjustments. Excluding these items, non-GAAP earnings per share were $.00. For the second quarter of 2007, GAAP net loss included $14.2 million of amortization, stock-based compensation, restructuring charges, legal settlements and related tax adjustments. Excluding these items, non-GAAP earnings per diluted share were $.20 in the second quarter of 2007.

 

At June 30, 2008, the company’s cash balance was $138.5 million, down $86.0 million since the end of 2007. During the first quarter of 2008, the company used $93.2 million in cash to repurchase 4.3 million shares of common stock under the previously-announced share buyback program.

 

“Our sequential improvement in revenue, margin and earnings in the second quarter is an indication that our transformation is on schedule,” said Gary Greenfield, Avid chairman and CEO. “In the second half of the year, we plan to build on our strengths in both audio and video and align the organization to better position the company for long-term sustainable value.”

 

Revenue for the six-month period ended June 30, 2008 was $421.1 million, compared to revenue of $444.2 million for the same period in 2007. GAAP net loss for the first six months of 2008 was $31.5 million, or $.83 per share, compared to GAAP net loss of $6.0 million, or $.15 per share, for the same period in 2007. GAAP net loss for the six-month period ended June 30, 2008 included $19.9 million of amortization, stock-based compensation, restructuring charges and related tax adjustments. Excluding these items, the non-GAAP loss per share was $.30 per share for the first half of 2008. GAAP net loss for the six-month period ended June 30, 2007 included $24.8 million of amortization, stock-based compensation, restructuring charges, legal settlements and related tax adjustments. Excluding these items, non-GAAP earnings per share were $.45 for the first half of 2007.

 


 

Recent Highlights

The release of Avid® Media Composer®, Symphony™ and NewsCutter® professional video editing products, each with upgraded HD capabilities, improves performance and support for additional camera and media formats.

Launch of the consumer video editor, Pinnacle Studio™ 12, helped to drive sales of the consumer editing software line to its highest level in over two years.

The availability of Pro Tools® 7.4.2 software provides Mac OS X 10.5.3 (Leopard) compatibility for Pro Tools|HD®, Pro Tools LE® and Pro Tools M-Powered™ users.

The introduction in July of SOFTIMAGE®|XSI® 7 3D animation software with the open platform ICE allows content producers to create, modify and deploy complex tools and effects more efficiently than ever before.

The release of Sibelius® First, a powerful new notation and composition tool for singers/songwriters, keyboard players and guitarists.

 

Use of Non-GAAP Financial Measures

This press release contains “non-GAAP financial measures” under the rules of the U.S. Securities and Exchange Commission. This non-GAAP information supplements, and is not intended to represent a measure of performance in accordance with, disclosures required by generally accepted accounting principles, or GAAP. The reconciliation for net income and diluted earnings per share for the three- and six-month periods ended June 30, 2008 and 2007 are in the tables attached to this press release.

 

The company uses non-GAAP financial measures internally to manage its business, for example, in establishing its annual operating budget, in assessing segment operating performance and for measuring performance under employee incentive compensation plans. Non-GAAP financial measures are used by management in its operating and financial decision-making because management believes these measures reflect the company’s ongoing business in a manner that allows meaningful period-to-period comparisons. Accordingly, the company believes it is useful for investors and others to review both GAAP and non-GAAP measures in order to (a) understand and evaluate the company’s current operating performance and future prospects in the same manner as management does and (b) compare in a consistent manner the company’s current financial results with past financial results. The primary limitations associated with the company’s use of non-GAAP financial measures are that these measures may not be directly comparable to the amounts reported by other companies and they do not include all items of income and expense that affect the company’s operations. The company’s management compensates for these limitations by considering the company’s financial results as determined in accordance with GAAP and by providing a detailed reconciliation of the non-GAAP financial measures to the most directly comparable GAAP measures in this press release.

 


Conference Call

A conference call to discuss Avid’s second quarter 2008 financial results will be held today, July 24, 2008, at 5:00 p.m. EDT. The call will be open to the public and can be accessed by dialing (719) 457-2617 and referencing confirmation code 3538405. The call and subsequent replay will also be available on Avid’s website. To listen via this alternative, go to the Investor Relations page under the About Us menu at www.avid.com for complete details prior to the start of the conference call.

 

Use of Forward-Looking Statements

The above release is subject to the completion and filing of our Quarterly Report on Form 10-Q. This release includes forward-looking statements, as defined by the Private Securities Litigation Reform Act of 1995, about Avid’s performance. There are a number of factors that could cause actual events or results to differ materially from those indicated by such forward-looking statements, such as Avid’s ability to meet customer needs, market acceptance of Avid’s existing and new products, competitive factors, pricing pressures, delays in product shipments and other important events and factors disclosed previously and from time to time in Avid’s filings with the U.S. Securities and Exchange Commission. In addition, the forward-looking statements contained herein represent Avid’s estimate only as of today and should not be relied upon as representing the company’s estimate as of any subsequent date. While Avid may elect to update these forward-looking statements at some point in the future, Avid specifically disclaims any obligation to do so, even if the estimates change.

 

About Avid Technology, Inc.

Avid is a worldwide leader in tools for film, video, audio, 3D animation, gaming and broadcast professionals – as well as for home audio and video enthusiasts. Avid professional and consumer brands include Avid, Digidesign®, M-Audio®, Pinnacle Systems®, Sibelius, Softimage and Sundance Digital®. The vast majority of primetime television shows, feature films, commercials and chart-topping music hits are made using one or more Avid products. Whether used by seasoned professionals or beginning students, Avid’s products and services enable customers to work more efficiently, productively and creatively. Avid received an Oscar® statuette representing the 1998 Scientific and Technical Award for the concept, design, and engineering of the Avid Film Composer® system for motion picture editing. For more information about the company’s Oscar, Grammy® and Emmy® award-winning products and services, visit www.avid.com.

 

#  #  #

 

© 2008  Avid Technology, Inc. All rights reserved. Avid, Digidesign, Film Composer, M-Audio, Media Composer, NewsCutter, Pinnacle Studio, Pinnacle Systems, Pro Tools, Pro Tools|HD, Pro Tools LE, Pro Tools M-Powered, Sibelius, Softimage, Sundance Digital, Symphony and XSI are trademarks or registered trademarks of Avid Technology, Inc. or its subsidiaries in the United States and/or other countries. Emmy is a registered trademark of ATAS/NATAS. Academy Awards and Oscar are trademarks and service marks of the Academy of Motion Picture Arts and Sciences. Grammy is a trademark of the National Academy of Recording Arts and Sciences, Inc.  All other trademarks are the property of their respective owners.

 

 


AVID TECHNOLOGY, INC.

 

 

 

 

 

 

 

 

Condensed Consolidated Statements of Operations

 

 

 

 

 

 

(unaudited - in thousands, except per share data)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Three Months Ended

 

Six Months Ended

 

 

 

June 30,

 

June 30,

 

 

 

2008

 

2007

 

2008

 

2007

Net revenues:

 

 

 

 

 

 

 

 

 

Products

 

$  189,115

 

$  192,370

 

$  357,291

 

$  384,813

 

Services

 

33,748

 

32,956

 

63,838

 

59,411

 

Total net revenues

 

222,863

 

225,326

 

421,129

 

444,224

 

 

 

 

 

 

 

 

 

 

Cost of revenues:

 

 

 

 

 

 

 

 

 

Products

 

92,628

 

92,991

 

177,701

 

185,703

 

Services

 

19,629

 

17,454

 

37,016

 

33,433

 

Amortization of intangible assets

 

2,270

 

4,761

 

5,524

 

9,233

 

Total cost of revenues

 

114,527

 

115,206

 

220,241

 

228,369

 

 

 

 

 

 

 

 

 

 

Gross profit

 

108,336

 

110,120

 

200,888

 

215,855

 

 

 

 

 

 

 

 

 

 

Operating expenses:

 

 

 

 

 

 

 

 

 

Research and development

 

38,972

 

38,444

 

77,482

 

76,186

 

Marketing and selling

 

55,259

 

56,505

 

105,586

 

108,199

 

General and administrative

 

19,492

 

17,698

 

41,435

 

35,550

 

Amortization of intangible assets

 

3,323

 

3,431

 

6,710

 

6,863

 

Restructuring costs, net

 

937

 

1,517

 

2,000

 

1,775

 

Total operating expenses

 

117,983

 

117,595

 

233,213

 

228,573

 

 

 

 

 

 

 

 

 

 

Operating loss

 

(9,647)

 

(7,475)

 

(32,325)

 

(12,718)

Interest and other income (expense), net

 

617

 

2,023

 

2,098

 

3,918

Loss before income taxes

 

(9,030)

 

(5,452)

 

(30,227)

 

(8,800)

 

 

 

 

 

 

 

 

 

 

Provision for (benefit from) income taxes, net

 

1,355

 

547

 

1,306

 

(2,821)

 

 

 

 

 

 

 

 

 

 

Net loss

 

$  (10,385)

 

$   (5,999)

 

$  (31,533)

 

$  (5,979)

 

 

 

 

 

 

 

 

 

 

Net loss per common share - basic

 

$(0.28)

 

$(0.15)

 

$(0.83)

 

$(0.15)

 

 

 

 

 

 

 

 

 

 

Net loss per common share - diluted

 

$(0.28)

 

$(0.15)

 

$(0.83)

 

$(0.15)

 

 

 

 

 

 

 

 

 

 

Weighted-average common shares outstanding - basic

36,904

 

40,940

 

38,133

 

41,046

 

 

 

 

 

 

 

 

 

 

Weighted-average common shares outstanding - diluted

36,904

 

40,940

 

38,133

 

41,046

 

 


AVID TECHNOLOGY, INC.

 

 

 

 

 

 

 

 

(unaudited - in thousands, except per share data)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Summary of the Company's revenues and contribution margin by reportable segment and a reconciliation of

segment contribution margin to consolidated operating loss:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Three Months Ended

 

Six Months Ended

 

 

 

June 30,

 

June 30,

 

 

 

2008

 

2007

 

2008

 

2007

 

Revenues:

 

 

 

 

 

 

 

 

 

Professional Video

 

$ 115,738

 

$  120,318

 

$  209,988

 

$ 232,989

 

Audio

 

75,315

 

76,763

 

148,554

 

155,686

 

Consumer Video

 

31,810

 

28,245

 

62,587

 

55,549

 

Total revenues

 

$ 222,863

 

$  225,326

 

$  421,129

 

$ 444,224

 

 

 

 

 

 

 

 

 

 

 

Contribution Margin:

 

 

 

 

 

 

 

 

 

Professional Video

 

$   10,563

 

$    12,136

 

$      9,243

 

$   23,737

 

Audio

 

10,626

 

12,109

 

21,496

 

25,262

 

Consumer Video

 

21

 

1,967

 

530

 

2,535

 

Segment contribution margin

 

21,210

 

26,212

 

31,269

 

51,534

 

 

 

 

 

 

 

 

 

 

 

Less: Unallocated costs and expenses:

 

 

 

 

 

 

 

 

 

Common costs and operating expenses

 

(19,739)

 

(18,402)

 

(42,627)

 

(37,253)

 

Amortization of acquisition-related intangible assets

(5,593)

 

(8,192)

 

(12,234)

 

(16,096)

 

Stock-based compensation

 

(4,588)

 

(4,551)

 

(6,733)

 

(8,103)

 

Restructuring costs, net

 

(937)

 

(1,517)

 

(2,000)

 

(1,775)

 

Legal settlements

 

 

(1,025)

 

 

(1,025)

 

Consolidated operating loss

 

$   (9,647)

 

$   (7,475)

 

$ (32,325)

 

$ (12,718)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Reconciliation of GAAP net income (loss) to Non-GAAP net income (loss):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Three Months Ended

 

Six Months Ended

 

 

 

June 30,

 

June 30,

 

 

 

2008

 

2007

 

2008

 

2007

 

GAAP net loss

 

$ (10,385)

 

$   (5,999)

 

$ (31,533)

 

$   (5,979)

 

 

 

 

 

 

 

 

 

 

 

Adjustments to reconcile to Non-GAAP net income:

 

 

 

 

 

 

 

 

 

Amortization of intangible assets

 

5,593

 

8,192

 

12,234

 

16,096

 

Stock-based compensation

 

4,588

 

4,551

 

6,733

 

8,103

 

Restructuring costs, net

 

937

 

1,517

 

2,000

 

1,775

 

Legal settlements

 

 

1,025

 

 

1,025

 

Related tax adjustments

 

(614)

 

(1,099)

 

(1,048)

 

(2,214)

 

Non-GAAP net income (loss)

 

$        119

 

$     8,187

 

$ (11,614)

 

$   18,806

 

 

 

 

 

 

 

 

 

 

 

Weighted-average common shares outstanding - diluted

37,056

 

41,517

 

38,133

 

41,653

 

 

 

 

 

 

 

 

 

 

 

Non-GAAP net income (loss) per common share - diluted

$0.00

 

$0.20

 

$(0.30)

 

$0.45

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Three Months Ended

 

Six Months Ended

Stock-based compensation included in:

 

June 30,

 

June 30,

 

 

 

2008

 

2007

 

2008

 

2007

 

Cost of products revenues

 

$        171

 

$        182

 

$         303

 

$        323

 

Cost of services revenues

 

166

 

251

 

264

 

448

 

Research and development expenses

 

1,089

 

1,354

 

1,452

 

2,397

 

Marketing and selling expenses

 

1,109

 

1,201

 

1,638

 

2,136

 

General and administrative expenses

 

2,053

 

1,563

 

3,076

 

2,799

 

 

 

$    4,588

 

$     4,551

 

$     6,733

 

$     8,103

 

 


AVID TECHNOLOGY, INC.

 

 

 

 

Condensed Consolidated Balance Sheets

 

 

 

 

(unaudited - in thousands)

 

 

 

 

 

 

 

 

 

 

 

June 30,

 

December 31,

 

 

2008

 

2007

ASSETS:

 

 

 

 

Current assets:

 

 

 

 

Cash, cash equivalents and marketable securities

 

$     138,462

 

$     224,460

Accounts receivable, net of allowances of $20,976 and $20,784

 

 

 

 

    at June 30, 2008 and December 31, 2007, respectively

 

114,080

 

138,692

Inventories

 

120,728

 

117,324

Prepaid and other current assets

 

41,499

 

36,788

Total current assets

 

414,769

 

517,264

 

 

 

 

 

Property and equipment, net

 

44,491

 

46,160

Intangible assets, net

 

59,193

 

71,427

Goodwill

 

360,521

 

360,584

Other assets

 

11,537

 

10,518

 

 

 

 

 

Total assets

 

$     890,511

 

$  1,005,953

 

 

 

 

 

LIABILITIES AND STOCKHOLDERS' EQUITY:

 

 

 

 

Current liabilities:

 

 

 

 

Accounts payable

 

$       36,358

 

$       34,992

Accrued expenses and other current liabilities

 

93,142

 

93,912

Deferred revenues

 

79,186

 

79,771

Total current liabilities

 

208,686

 

208,675

 

 

 

 

 

Long-term liabilities

 

17,539

 

17,495

Total liabilities

 

226,225

 

226,170

 

 

 

 

 

Stockholders' equity:

 

 

 

 

Common stock

 

423

 

423

Additional paid-in capital

 

973,482

 

968,339

Accumulated deficit

 

(196,123)

 

(155,722)

Treasury stock at cost, net of reissuances

 

(128,735)

 

(45,823)

Accumulated other comprehensive income

 

15,239

 

12,566

Total stockholders' equity

 

664,286

 

779,783

 

 

 

 

 

Total liabilities and stockholders' equity

 

$     890,511

 

$  1,005,953