SAN DIEGO, Aug. 4 /PRNewswire-FirstCall/ — DivX, Inc. (Nasdaq: DIVX), a digital media company, today announced results for the three and six months ended June 30, 2009.
The Company reported revenues for the second quarter of $15.2 million, comprised of $13.7 million of technology licensing revenues and $1.5 million of media and other distribution and services revenues. This compares to revenues of $21.3 million reported for the same period a year ago, which included $16.4 million of technology licensing revenues and $4.9 million of media and other distribution and services revenues.
“In the face of the ongoing global economic slowdown, DivX continued to execute in the second quarter and delivered solid results,” stated Kevin Hell, Chief Executive Officer for DivX, Inc. “In addition, with our continued expansion across emerging device categories, our recently announced agreements with Paramount and Lionsgate, and the launch of new online storefronts, we are in a strong position to grow as consumer spending resumes. With over 200 million DivX(R) devices shipped into the market, our vision of powering a seamless, high-quality digital media experience on any device from any manufacturer is becoming a reality.”
GAAP net loss in the second quarter of 2009 was approximately $2.4 million, or $0.07 per diluted share. DivX incurred a non-GAAP net loss of $91,000, or $0.00 per diluted share. Non-GAAP net income (loss) and earnings (loss) per diluted share exclude the following expenses: (1) non-cash share-based compensation of approximately $2.4 million ($1.6 million, or $0.05 per diluted share, net of related taxes); (2) the scheduled amortization of purchased intangible assets related to the acquisition of MainConcept of $532,000 ($370,000, or $0.01 per diluted share, net of related taxes); (3) the foreign exchange benefit on our intercompany loan of $287,000 ($200,000, or $0.01 per diluted share, net of related taxes); and (4) a non-cash charge of approximately $462,000, or $0.01 per diluted share, related to the write-off of deferred tax assets associated with cancelled stock options.
Dan Halvorson, Executive Vice President and Chief Financial Officer, added, “We had a good quarter, delivering solid bottom line results that highlight the strength of our business model. We continue to manage expenses in a way that we believe will position the company favorably when consumer spending improves. Our balance sheet remains strong with $140 million in cash and investments, or $4.29 per share, and we are focused on investing in technical innovation that drives growth in our core and new businesses.”
Third Quarter 2009 Fiscal Outlook
The following table summarizes the Company’s financial guidance for the third quarter of 2009. The following estimates are based on the Company’s current business outlook as of the date of this press release:
Q3’09 Guidance
—————–
Revenue (in millions) $15.0 – $16.0
GAAP earnings (loss) per share, diluted ($0.08) – ($0.06)
Adjustments:
Non-cash share-based compensation
expense, net of income taxes $0.05
Amortization of purchased intangibles,
net of income taxes $0.01
—————–
Non-GAAP earnings (loss) per share,
diluted ($0.02) – ($0.00)
—————–
These estimates are based on:
1. Expected revenues for technology licensing of approximately 85% to 90% of
total revenue for the third quarter of 2009; and revenues for media and
other distribution and services of approximately 10% to 15% of total
revenues for the third quarter of 2009;
2. A projected non-GAAP effective tax rate of approximately 40% for the
third quarter of 2009 which is dependent on the effective tax rates in
our various domestic and foreign jurisdictions;
3. Anticipated non-cash share-based compensation expense of approximately
$2.5 million ($1.5 million, or $0.05 per diluted share, net of related
taxes) for the third quarter of 2009; and
4. The scheduled amortization of purchased intangible assets related to the
acquisition of MainConcept of approximately $500,000 ($300,000, or $0.01
per diluted share, net of related taxes) for the third quarter of 2009.
Quarterly Conference Call
DivX management will host a conference call and simultaneous audio webcast to discuss its second quarter 2009 results on August 4, 2009 at 1:30 p.m. Pacific Time or 4:30 p.m. Eastern Time. To participate in the call, please dial (877) 675-4756 or outside the U.S. (719) 325-4886 to access the conference call at least five minutes prior to the start time. A live audio webcast will be available on the Events and Presentations page at https://investors.divx.com.
In addition, an audio replay of the call will be available between 7:30 p.m. Eastern Time August 4, 2009 and Midnight, Eastern Time August 11, 2009 by calling (888) 203-1112 or (719) 457-0820, with passcode 8229224.
About DivX, Inc.
DivX, Inc. is a digital media company that enables consumers to enjoy a high-quality video experience across any kind of device. DivX creates, distributes and licenses digital video technologies that span the “three screens” comprising today’s consumer media environment — the PC, the television and mobile devices. Over 200 million DivX devices have shipped into the market from leading consumer electronics manufacturers. DivX also offers content providers and publishers a complete solution for the distribution of secure, high-quality digital video content. Driven by a globally recognized brand and a passionate community of hundreds of millions of consumers, DivX is simplifying the video experience to enable the digital home. For more information, visit www.divx.com.
Forward-Looking Statements
Statements in this press release that are not strictly historical in nature constitute “forward-looking statements.” Such statements include, but are not limited to, references to the expected growth and earnings potential of the Company’s business, the Company’s position in the digital media space, uncertainties contributing to the macroeconomic climate, and the anticipated financial results for the third quarter of 2009. Such forward-looking statements involve known and unknown risks, uncertainties and other factors which may cause the Company’s actual results to be materially different from historical results or from any results expressed or implied by such forward-looking statements. These factors include, but are not limited to: the risk that customer use of DivX technology may not grow as anticipated; the risk that anticipated market opportunities may not materialize at expected levels, or at all; the risk that the Company’s activities may not result in the growth of profitable revenue; the uncertainties surrounding the macroeconomic climate, the risk that the Company’s financial performance for the third quarter of 2009 may not meet expectations; risks and uncertainties related to the maintenance and strength of the DivX brand; the Company’s ability to penetrate existing and new markets; the effects of competition; the Company’s dependence on its licensees and partners; the effect of intellectual property rights claims; and other factors discussed in the “Risk Factors” section of the Company’s most recent reports filed with the SEC. All forward-looking statements are qualified in their entirety by this cautionary statement. DivX is providing this information as of the date of this release and does not undertake any obligation to update any forward-looking statements contained in this release as a result of new information, future events or otherwise, other than as required under applicable securities laws.
Non-GAAP Financial Measures; GAAP EPS
DivX has provided in this release financial information that has not been prepared in accordance with GAAP. This information includes non-GAAP net income (loss) and diluted earnings (loss) per share, which excludes non-cash share-based compensation expense, the amortization of purchased intangible assets, the foreign exchange impact of our intercompany loan, and the non-cash charge related to the change in value of certain deferred tax assets. This non-GAAP information is provided to enhance the reader’s overall understanding of our current financial performance and prospects for the future. Specifically, we believe this information provides useful comparative data by excluding non-cash share-based compensation expense, which is not consistent from period-to-period. Also, we believe that the exclusion of amortization of purchased intangible assets, the foreign exchange impact of our intercompany loan, and the change in value of certain tax deferred assets provides useful comparative data by reflecting our business operations in a manner that is consistent with expected future operations. Management has historically used non-GAAP net income (loss) and non-GAAP earnings (loss) per diluted share when evaluating operating performance because we believe the exclusion of the items described above provides an additional measure of our core operating results and facilitates comparisons of our core operating performance against prior periods and our business model objectives. The presentation of this additional information should not be considered in isolation or as a substitute for results prepared in accordance with accounting principles generally accepted in the United States. The non-GAAP financial measures used by the Company may be calculated differently from, and therefore may not be comparable to, similarly titled measures used by other companies.
We will continue to evaluate the factors that might impact non-cash share-based compensation expense and accruals for income tax expense. The non-cash share-based compensation expense is expected to vary depending on the number of new grants issued to both current and new employees, and changes in the Company’s stock price, stock market volatility, expected option life, and risk-free interest rates (all of which are difficult to estimate). In addition, the factors that impact our deferred tax assets are expected to vary from period-to-period, also making our effective tax rate difficult to estimate.
DivX, Inc.
CONSOLIDATED CONDENSED BALANCE SHEETS
(in thousands)
June 30, December 31,
2009 2008
—- —-
(unaudited)
Assets
Current assets:
Cash and cash
equivalents $23,206 $43,442
Short-term
investments 112,728 73,897
Accounts
receivable, net 1,654 7,263
Deferred tax
assets, current 2,360 1,841
Prepaid expenses
and other current
assets 8,837 4,732
—– —–
Total current
assets 148,785 131,175
Property and
equipment, net 2,860 3,811
Long-term investments 4,087 17,968
Deferred tax assets,
long-term 10,263 10,547
Purchased intangible
assets, net 9,907 10,968
Goodwill 10,390 10,358
Other assets 7,774 8,574
—– —–
Total assets $194,066 $193,401
======== ========
Liabilities and
stockholders’ equity
Current liabilities:
Accounts payable $783 $1,319
Accrued expenses 7,130 7,909
Deferred revenue 4,980 6,185
—– —–
Total current
liabilities 12,893 15,413
Long-term liabilities 4,988 3,888
—– —–
Total liabilities 17,881 19,301
Stockholders’ equity 176,185 174,100
——– ——–
Total
liabilities and
stockholders’
equity $194,066 $193,401
======== ========
DivX, Inc.
CONSOLIDATED CONDENSED STATEMENTS OF OPERATIONS
(in thousands, except per share data)
(unaudited)
Three Months Six Months
Ended June 30, Ended June 30,
————— —————
2009 2008 2009 2008
—- —- —- —-
Net revenues:
Technology licensing $13,725 $16,410 $32,331 $35,488
Media and other
distribution and
services 1,509 4,909 1,580 10,853
—– —– —– ——
Total net revenues 15,234 21,319 33,911 46,341
Cost of revenues:
Cost of technology
licensing 2,165 956 4,576 1,992
Cost of media and
other distribution
and services 136 186 312 358
— — — —
Total cost of
revenues 2,301 1,142 4,888 2,350
—– —– —– —–
Gross profit 12,933 20,177 29,023 43,991
Operating expenses:
Selling, general and
administrative
(1)(2) 11,875 12,573 24,584 28,550
Product development
(1)(2) 4,633 5,366 9,334 10,791
Impairment of
acquired intangibles – 250 – 1,250
—- — —- —–
Total operating
expenses 16,508 18,189 33,918 40,591
—— —— —— ——
Income (loss) from
operations (3,575) 1,988 (4,895) 3,400
Interest income
(expense), net 432 1,110 1,026 2,767
Other income (expense) 529 (15) 139 502
— — — —
Income (loss) before
income taxes (2,614) 3,083 (3,730) 6,669
Income tax provision
(benefit) (255) 1,406 61 2,511
—- —– — —–
Net income (loss) $(2,359) $1,677 $(3,791) $4,158
======= ====== ======= ======
Basic net earnings
(loss) per share $(0.07) $0.05 $(0.12) $0.12
====== ===== ====== =====
Diluted net earnings
(loss) per share $(0.07) $0.05 $(0.12) $0.12
====== ===== ====== =====
Shares used to compute
basic net earnings
(loss) per share 32,589 32,399 32,532 33,548
====== ====== ====== ======
Shares used to compute
diluted net earnings
(loss) per share 32,589 32,907 32,532 34,132
====== ====== ====== ======
(1) Includes share-based
compensation as follows:
Selling, general and
administrative $1,831 $1,852 $3,713 $3,370
Product development 524 574 841 1,063
— — — —–
$2,355 $2,426 $4,554 $4,433
====== ====== ====== ======
(2) Includes Stage6
operating costs and
related accruals as
follows:
Selling, general and
administrative $- $- $- $3,103
Product development – – – 230
— — — —
$- $- $- $3,333
=== === === ======
DivX, Inc.
UNAUDITED RECONCILIATION OF NON-GAAP ADJUSTMENTS
(in thousands, except per share data)
Three Months Six Months
Ended June 30, Ended June 30,
————— —————
2009 2008 2009 2008
—- —- —- —-
Net Income:
GAAP net income (loss) $(2,359) $1,677 $(3,791) $4,158
Share-based
compensation 2,355 2,426 4,554 4,433
Stage6 operating
costs and related
accruals – – – 3,333
Impairment of
acquired
intangibles – 250 – 1,250
Amortization of
purchased
intangible assets 532 531 1,043 1,058
Fx impact on
intercompany loan (287) 7 26 (458)
Valuation allowance
/ adjustments on
deferred tax assets 462 – 1,218 –
Income tax effects
of pre-tax
adjustments (794) (1,431) (1,987) (4,082)
—- —— —— ——
Non-GAAP net income
(los) $(91) $3,460 $1,063 $9,692
==== ====== ====== ======
Diluted earnings per share:
GAAP diluted earnings
(loss) per share $(0.07) $0.05 $(0.12) $0.12
Share-based
compensation 0.07 0.07 0.14 0.13
Stage6 operating
costs and related
accruals – – – 0.09
Impairment of
acquired
intangibles – 0.01 – 0.04
Amortization of
purchased
intangible assets 0.02 0.02 0.03 0.03
Fx impact on
intercompany loan (0.01) 0.00 0.00 (0.01)
Valuation allowance
/ adjustments on
deferred tax assets 0.01 – 0.04 –
Income tax effects
of pre-tax
adjustments (0.02) (0.04) (0.06) (0.12)
—– —– —– —–
Non-GAAP diluted
earnings (loss) per
share $0.00 $0.11 $0.03 $0.28
===== ===== ===== =====
Non-GAAP shares used to
compute diluted net
earnings (loss) per
share 32,589 32,907 32,880 34,132
====== ====== ====== ======
The following table sets forth the computation of Non-GAAP
basic and diluted net earnings (loss) per share:
Numerator:
Net income (loss) $(91) $3,460 $1,063 $9,692
Denominator:
Weighted-average
common shares
outstanding (basic) 32,589 32,399 32,532 33,548
====== ====== ====== ======
Weighted-average
common shares
outstanding (diluted) 32,589 32,907 32,880 34,132
====== ====== ====== ======
Basic net earnings
(loss) per share $0.00 $0.11 $0.03 $0.29
===== ===== ===== =====
Diluted net earnings
(loss) per share $0.00 $0.11 $0.03 $0.28
===== ===== ===== =====
DivX, Inc.
CONSOLIDATED CONDENSED STATEMENTS OF CASH FLOW
(in thousands)
(unaudited)
Three Months Six Months
Ended June 30, Ended June 30,
—————- —————-
2009 2008 2009 2008
—- —- —- —-
Net cash provided by (used in)
operating activities $1,518 $(1,678) $4,050 $2,392
Net cash (used in) provided by
investing activities (565) 16,936 (25,365) 31,188
Net cash provided by (used in)
financing activities 504 (9,564) 960 (19,382)
Effect of exchange rate changes on
cash 227 9 119 55
—– —– ——- ——
Net increase (decrease) in cash and
cash equivalents 1,684 5,703 (20,236) 14,253
Cash and cash equivalents at
beginning of period 21,522 23,082 43,442 14,532
—— —— —— ——
Cash and cash equivalents at end of
period $23,206 $28,785 $23,206 $28,785
======= ======= ======= =======