DivX, Inc. (NASDAQ:DIVX), a digital media company, today announced
results for the fourth quarter and fiscal year ended December 31, 2007.
The Company reported record revenue for the fourth quarter of $24.5
million, an increase of 47% compared to revenue of $16.7 million
reported in the fourth quarter of last year. GAAP net income in the
fourth quarter of 2007 was approximately $3.7 million, or $0.11 per
diluted share. DivX generated non-GAAP net income of $5.6 million, or
$0.16 per diluted share. Non-GAAP net income and EPS excludes (1)
non-cash share-based compensation of approximately $6.4 million ($3.8
million, or $0.11 per diluted share, net of related taxes); (2) Stage6
operating costs of approximately $3.5 million ($2.1 million, or $0.06
per diluted share, net of related taxes); (3) impairment of acquired
intangible assets attributable to the write-off of additional milestones
related to Veatros of approximately $750,000 ($450,000, or $0.01 per
diluted share, net of related taxes); and (4) amortization of purchased
intangible assets related to MainConcept of $271,000 ($163,000, net of
related taxes). These four items were offset by an income tax benefit
during the fourth quarter from the release of valuation allowances of
approximately $4.6 million, or $0.13 per diluted share.
“During 2007, we experienced significant
growth across all areas of our business and made real strides toward
creating a global standard for high-quality digital video on any device
or platform,” said Kevin Hell, Chief Executive
Officer of DivX. “Specifically, we extended
our footprint into key emerging product categories including Blu-ray and
mobile devices, launched DivX Connected, and secured format approval
from a major Hollywood studio. In 2008, our focus will be on execution
as we prudently invest to extend these exciting wins while closely
managing profitability. DivX is emerging as the open alternative to
Apple, giving consumers the freedom and control to enjoy digital video
anywhere they choose.”
“2007 was a solid year for DivX, highlighted
by strong revenue growth and record operating cash flows,”
said Dan Halvorson, DivX’s Chief Financial
Officer. “The focus for 2008 will be our
highly profitable core licensing business and other key growth
strategies balanced with managing our investments for growth and
delivering shareholder value.”
For the fiscal year ended December 31, 2007, the Company reported record
revenue of $84.9 million, an increase of 43% compared to revenue of
$59.3 million reported in the 2006 fiscal year. GAAP net income for the
2007 fiscal year was approximately $9.2 million, or $0.26 per diluted
share. DivX generated non-GAAP net income in the 2007 fiscal year of
$20.1 million, or $0.57 per diluted share. Non-GAAP EPS excludes (1)
non-cash share-based compensation of approximately $11.8 million ($7.1
million, or $0.20 per diluted share, net of related taxes); (2) Stage6
operating costs of approximately $10.9 million ($6.5 million, or $0.18
per diluted share, net of related taxes); (3) impairment of acquired
intangible assets attributable to the write-off of additional milestones
related to Veatros of approximately $3.0 million ($1.8 million, or $0.05
per diluted share, net of related taxes); and (4) amortization of
purchased intangible assets related to MainConcept of $271,000
($163,000, net of related taxes). These four items were offset by an
income tax benefit during the fourth quarter from the release of
valuation allowances of approximately $4.6 million, or $0.13 per diluted
share.
Q1 and 2008 Outlook
“Let me address guidance for the first quarter
2008, as well as guidance for the full year,”
said Halvorson. “We have less visibility in
the back half of the year and therefore are taking a measured approach
toward our annual guidance, but we do expect our non-GAAP projected
EBITDA to be approximately 25 to 30 percent for the full year 2008.”
The following table summarizes the Company's financial guidance for the
first quarter and the full 2008 fiscal year. These estimates are based
on the Company's current business outlook as of the date of this press
release and are based on:
|
1.
| |
A projected effective tax rate of 40% for the first quarter and the
full 2008 fiscal year which is dependant on the effective tax rates
in various domestic and foreign jurisdictions;
|
| | |
|
2.
| |
Anticipated non-cash share-based compensation of approximately
$2.5 million ($1.5 million, or $0.04 per diluted share, net of
related taxes) for the first quarter 2008; and approximately $10
million ($6 million, or $0.16 per diluted share, net of related
taxes) for the full 2008 fiscal year;
|
| | |
|
3.
| |
Stage6 operating costs and related accruals of approximately $4.0
million ($2.4 million, or $0.07 per diluted share, net of related
taxes) for the first quarter and the full 2008 fiscal year;
|
| | |
|
4.
| |
Impairment of acquired intangible assets attributable to the
write-off of additional milestones related to Veatros of
approximately $1.0 million ($0.6 million, or $0.02 per diluted
share, net of related taxes) for the first quarter 2008; and
approximately $300,000 ($180,000, or less than a penny per diluted
share, net of related taxes) for the balance of the 2008 fiscal year;
|
| | |
|
5.
| |
Amortization of purchased intangible assets related to MainConcept
of approximately $550,000 ($330,000, or $0.01 per diluted share,
net of related taxes) for the first quarter 2008; and
approximately $2.2 million ($1.3 million, or $0.04 per diluted
share, net of related taxes) for the full 2008 fiscal year;
|
| | |
|
6.
| |
Expected revenue for technology licensing of approximately 75% for
the first quarter and between 75% and 85% for the balance of the
2008 fiscal year; expected revenue for media and other distribution
and services of approximately 25% for the first quarter and between
15% and 25% for the balance of the 2008 fiscal year.
|
The full 2008 fiscal year guidance does not include any impact from the
Company’s recently announced stock repurchase
program which allows for the Company to repurchase up to $20 million of
its common stock.
| | Q1 '08 Guidance | | FY '08 Guidance |
| | | | |
| Revenue (in millions) | | $24.5 - $25.5 | | $95 - $100 |
| | | | |
| GAAP Earnings Per Share | | $(0.01) - $0.01 | | $0.14 - $0.22 |
| | | | |
Adjustments: | | | | |
| | | | |
| Non-cash share-based compensation, net of income tax | | $0.04 | | $0.16 |
| | | | |
| Stage6 related costs, net of income tax | | $0.07 | | $0.07 |
| | | | |
| Impairment of intangible asset, net of income tax | | $0.02 | | $0.03 |
| | | | |
| Amortization of purchased intangibles, net of income tax | | $0.01 | | $0.04 |
| | | | |
| DivX Core Non-GAAP EPS, Diluted | | $0.13 - $0.15 | | $0.44 - $0.52 |
Added Halvorson, “We anticipate that product
development expenses in 2008 will increase as a percentage of revenue
given our investment in new emerging product categories. In addition, we
expect revenue and deferred revenue to fluctuate from quarter-to-quarter
as we integrate and adjust the form of MainConcept’s
customer terms to traditional DivX terms and conditions.”
Quarterly Conference Call
DivX, Inc. will discuss its fourth quarter and annual 2007 results via
teleconference at 4:30 p.m. ET or 1:30 p.m. PT today, March 11, 2008. To
access the call, please dial (877)-548-7914, or outside the U.S. (719)
325-4934, at least five minutes prior to the start time. A live webcast
and replay will also be available at http://investors.divx.com.
An audio replay of today's conference call will be available from 7:30
p.m. ET or 4:30 p.m. PT on March 11, 2008 until midnight March 25, 2008
by dialing (888) 203-1112 or (719) 457-0820 with the replay passcode
8353481.
About DivX
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 100 million DivX Certified 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.
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, reference to the Company’s
focus for 2008, the Company's position in the digital media space, plans
for expanding the Company's core licensing business, expectations for
DivX Connected, plans for extending the Company's content licensing
partnerships, and anticipated financial results for the first quarter
and full year 2008. Such forward-looking statements involve known and
unknown risks, uncertainties and other factors which may cause DivX'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 risk that the Company's
financial performance in the first quarter and full year 2008 may not
meet expectations; risks and uncertainties related to the maintenance
and strength of the DivX brand; DivX's ability to penetrate existing and
new markets; the effects of competition; DivX's dependence on its
licensees and partners; the effect of intellectual property rights
claims; and other factors discussed in the "Risk Factors" section of
DivX's quarterly report on Form 10-Q filed with the SEC on November 14,
2007. 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 and diluted earnings per share, which excludes
non-cash share-based compensation expense, costs related to the
operation of Stage6, asset impairment charges, amortization of purchased
intangible assets and income tax benefits on adjustments to tax reserves
and the elimination of the valuation allowance on deferred tax assets.
This non-GAAP information is provided to enhance the reader's overall
understanding of the Company's current financial performance and
prospects for the future. Specifically, DivX believes this information
provides useful comparative data by excluding non-cash share-based
compensation expense, which is not consistent from period to period.
Also, DivX believes that the exclusion of Stage6 expenses, asset
impairment charges, amortization of purchased intangible assets and
income tax benefits provides useful comparative data by reflecting
DivX's business operations in a manner that is consistent with expected
future operations. Management has historically used non-GAAP net income
and non-GAAP net income per 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 Company continues 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
the Company's deferred tax assets are expected to vary from period to
period, also making the Company's effective tax rate difficult to
estimate.
| DivX, Inc. |
| CONSOLIDATED CONDENSED BALANCE SHEETS |
| (in thousands) |
| | | | |
| |
December 31,
| |
December 31,
|
| | |
2006
| | |
2007
|
| |
(unaudited)
|
| Assets | | | | |
|
Current assets:
| | | | |
|
Cash and cash equivalents
| |
$
|
86,310
| |
$
|
14,532
|
|
Restricted cash
| | |
270
| | |
-
|
|
Marketable securities
| | |
62,331
| | |
126,503
|
|
Accounts receivable, net
| | |
6,939
| | |
10,397
|
|
Deferred tax assets, net
| | |
937
| | |
2,699
|
|
Prepaid expenses and other current assets
| | |
2,034
| | |
5,317
|
|
Total current assets
| | |
158,821
| | |
159,448
|
| | | | |
|
Property and equipment, net
| | |
3,488
| | |
5,402
|
|
Deferred tax assets, net
| | |
1,363
| | |
5,354
|
Acquired intangible assets
| | |
-
| | |
14,261
|
|
Goodwill
| | |
-
| | |
12,150
|
|
Other assets
| | |
714
| | |
5,423
|
|
Total assets
| |
$
|
164,386
| |
$
|
202,038
|
| | | | |
| Liabilities and stockholders'equity | | | | |
|
Current liabilities:
| | | | |
|
Accounts payable
| |
$
|
2,189
| |
$
|
2,808
|
|
Accrued expenses
| | |
4,959
| | |
11,061
|
|
Deferred revenue
| | |
4,654
| | |
7,170
|
|
Deferred tax liability
| | |
-
| | |
4,269
|
|
Total current liabilities
| | |
11,802
| | |
25,308
|
| | | | |
|
Long-term liabilities
| | |
1,673
| | |
1,290
|
|
Total liabilities
| | |
13,475
| | |
26,598
|
| | | | |
|
Stockholders' equity
| | |
150,911
| | |
175,440
|
|
Total liabilities and stockholders' equity
| |
$
|
164,386
| |
$
|
202,038
|
| DivX, Inc. |
| CONSOLIDATED CONDENSED STATEMENTS OF OPERATIONS |
| (in thousands, except per share data) |
|
(unaudited)
|
| | | | | | | | | | |
| |
Three months ended December 31,
| |
Year ended
December 31,
|
| | |
2006
| | | | |
2007
| | | |
2006
| | | | |
2007
| |
| | | | | | | | | | |
| Net revenues: | | | | | | | | | | |
|
Technology licensing
| |
$
|
13,433
| | | |
$
|
18,344
| | |
$
|
47,324
| | | |
$
|
66,345
| |
|
Media and other distribution and services
| | |
3,224
| | | | |
6,126
| | | |
12,001
| | | | |
18,517
| |
| | | | | | | | | | |
|
Total net revenues
| | |
16,657
| | | | |
24,470
| | | |
59,325
| | | | |
84,862
| |
| | | | | | | | | | |
| Cost of revenue: | | | | | | | | | | |
|
Cost of technology licensing
| | |
757
| | | | |
1,236
| | | |
2,995
| | | | |
3,778
| |
|
Cost of media and other distribution and services (1)
| | |
316
| | | | |
149
| | | |
993
| | | | |
701
| |
|
Total cost of revenues
| | |
1,073
| | | | |
1,385
| | | |
3,988
| | | | |
4,479
| |
| | | | | | | | | | |
|
Gross margin
| | |
15,584
| | | | |
23,085
| | | |
55,337
| | | | |
80,383
| |
| | | | | | | | | | |
| Operating expenses: | | | | | | | | | | |
|
Selling, general and administrative (1) (2)
| | |
7,597
| | | | |
19,368
| | | |
25,971
| | | | |
58,315
| |
|
Product development (1) (2)
| | |
4,321
| | | | |
5,647
| | | |
15,353
| | | | |
18,738
| |
|
Impairment of acquired intangibles
| | |
-
| | | | |
750
| | | |
-
| | | | |
2,973
| |
|
Total operating expenses
| | |
11,918
| | | | |
25,765
| | | |
41,324
| | | | |
80,026
| |
| | | | | | | | | | |
|
Income (loss) from operations
| | |
3,666
| | | | |
(2,680
|
)
| | |
14,013
| | | | |
357
| |
| | | | | | | | | | |
|
Interest income
| | |
1,911
| | | | |
1,927
| | | |
3,060
| | | | |
7,883
| |
| | | | | | | | | | |
|
Interest expense and other
| | |
(14
|
)
| | | |
(5
|
)
| | |
(71
|
)
| | | |
(6
|
)
|
| | | | | | | | | | |
|
Income before income taxes
| | |
5,563
| | | | |
(758
|
)
| | |
17,002
| | | | |
8,234
| |
| | | | | | | | | | |
|
Income tax provision
| | |
(1,832
|
)
| | | |
(4,487
|
)
| | |
562
| | | | |
(974
|
)
|
| | | | | | | | | | |
|
Net income
| |
$
|
7,395
| | | |
$
|
3,729
| | |
$
|
16,440
| | | |
$
|
9,208
| |
| | | | | | | | | | |
|
Basic net income per share
| |
$
|
0.22
| | | |
$
|
0.11
| | |
$
|
0.70
| | | |
$
|
0.27
| |
| | | | | | | | | | |
|
Diluted net income per share
| |
$
|
0.21
| | | |
$
|
0.11
| | |
$
|
0.61
| | | |
$
|
0.26
| |
| | | | | | | | | | |
|
Shares used to compute basic net income per share
| | |
32,967
| | | | |
34,587
| | | |
15,231
| | | | |
33,939
| |
| | | | | | | | | | |
|
Shares used to compute diluted net income per share
| | |
35,419
| | | | |
35,476
| | | |
17,653
| | | | |
35,415
| |
| | | | | | | | | | |
| | | | | | | | | | |
|
(1) Includes stock-based compensation as follows:
| | | | | | | |
| | | | | | | | | | |
|
Cost of revenues
| |
$
|
1
| | | |
$
|
-
| | |
$
|
4
| | | |
$
|
2
| |
|
Selling, general and administrative
| | |
512
| | | | |
5,700
| | | |
1,528
| | | | |
9,761
| |
|
Product development
| | |
387
| | | | |
667
| | | |
822
| | | | |
1,995
| |
|
Total stock-based compensation
| |
$
|
900
| | | |
$
|
6,367
| | |
$
|
2,354
| | | |
$
|
11,758
| |
| | | | | | | | | | |
|
(2) Includes Stage6 operating costs as follows:
| | | | | | | | | |
| | | | | | | | | | |
|
Selling, general and administrative
| |
$
|
-
| |
(a)
| |
$
|
3,007
| | |
$
|
-
| |
(a)
| |
$
|
9,824
| |
|
Product development
| | |
-
| |
(a)
| | |
476
| | | |
-
| |
(a)
| | |
1,036
| |
| | | | | | | | | | |
|
Total Stage6 operating costs
| |
$
|
-
| | | |
$
|
3,483
| | |
$
|
-
| | | |
$
|
10,860
| |
| | | | | | | | | | |
(a) Stage6 operating costs during the 2006 periods were not
material.
|
| | | | | | | | | | |
| | | | | | | | | | |
| DivX, Inc. |
| UNAUDITED RECONCILIATION OF NON-GAAP ADJUSTMENTS |
| (in thousands, except per share data) |
| | | | | | | | | | |
| |
Three months ended December 31,
| |
Year ended December 31,
|
| | |
2006
| | | | |
2007
| | | |
2006
| | | | |
2007
| |
| | | | | | | | | | |
| Net Income: | | | | | | | | | | |
|
GAAP net income
| |
$
|
7,395
| | | |
$
|
3,729
| | |
$
|
16,440
| | | |
$
|
9,208
| |
|
Share-based compensation
| | |
900
| | | | |
6,367
| | | |
2,354
| | | | |
11,758
| |
|
Stage6 operating costs
| | |
-
| |
(a)
| | |
3,482
| | | |
-
| |
(a)
| | |
10,859
| |
|
Impairment of acquired intangibles
| | |
-
| | | | |
750
| | | |
-
| | | | |
2,973
| |
Amortization of purchased intangible assets
| | |
-
| | | | |
271
| | | |
-
| | | | |
271
| |
Income tax benefit on adjustments to tax reserves and the
elimination of the valuation allowance on deferred tax assets
| | |
(4,099
|
)
| | | |
(4,630
|
)
| | |
(7,652
|
)
| | | |
(4,630
|
)
|
|
Income tax effects of pre-tax adjustments
| | |
(351
|
)
| | | |
(4,348
|
)
| | |
(918
|
)
| | | |
(10,345
|
)
|
| | | | | | | | | | |
|
Non-GAAP net income
| |
$
|
3,845
| | | |
$
|
5,621
| | |
$
|
10,224
| | | |
$
|
20,095
| |
| | | | | | | | | | |
| Diluted earnings per share: | | | | | | | | | | |
|
GAAP diluted earnings per share
| |
$
|
0.21
| | | |
$
|
0.11
| | |
$
|
0.61
| | | |
$
|
0.26
| |
|
Share-based compensation
| | |
0.03
| | | | |
0.18
| | | |
0.13
| | | | |
0.33
| |
|
Stage6 operating costs
| | |
-
| |
(a)
| | |
0.10
| | | |
-
| |
(a)
| | |
0.31
| |
|
Impairment of acquired intangibles
| | |
-
| | | | |
0.02
| | | |
-
| | | | |
0.08
| |
|
Amortization of puchased intangible assets
| | |
-
| | | | |
0.01
| | | |
-
| | | | |
0.01
| |
Income tax benefit on adjustments to tax reserves and the
elimination of the valuation allowance on deferred tax assets
| | |
(0.12
|
)
| | | |
(0.13
|
)
| | |
(0.43
|
)
| | | |
(0.13
|
)
|
|
Income tax effects of pre-tax adjustments
| | |
(0.01
|
)
| | | |
(0.12
|
)
| | |
(0.05
|
)
| | | |
(0.29
|
)
|
|
Non-GAAP diluted earnings per share
| |
$
|
0.11
| | | |
$
|
0.16
| | |
$
|
0.26
| | | |
$
|
0.57
| |
| | | | | | | | | | |
|
Non-GAAP shares used to compute diluted net income per share
| | |
35,419
| | | | |
35,476
| | | |
17,653
| | | | |
35,415
| |
| | | | | | | | | | |
| | | | | | | | | | |
The following table sets forth the computation of Non-GAAP basic
and diluted net income per share:
|
| | | | | | | | | | |
|
Numerator:
| | | | | | | | | | |
|
Net income
| |
$
|
3,845
| | | |
$
|
5,621
| | |
$
|
10,224
| | | |
$
|
20,095
| |
|
Income allocable to preferred stockholders
| | |
-
| | | | |
-
| | | |
(5,704
|
)
| | | |
-
| |
| | | | | | | | | | |
|
Net income allocable common stockholders
| |
$
|
3,845
| | | |
$
|
5,621
| | |
$
|
4,520
| | | |
$
|
20,095
| |
| | | | | | | | | | |
|
Denominator:
| | | | | | | | | | |
Weighted-average common shares outstanding (basic)
| | |
32,967
| | | | |
34,587
| | | |
15,231
| | | | |
33,939
| |
| | | | | | | | | | |
|
Weighted-average common shares outstanding (diluted)
| | |
35,419
| | | | |
35,476
| | | |
17,653
| | | | |
35,415
| |
| | | | | | | | | | |
|
Basic net income per share
| |
$
|
0.12
| | | |
$
|
0.16
| | |
$
|
0.30
| | | |
$
|
0.59
| |
| | | | | | | | | | |
|
Diluted net income per share
| |
$
|
0.11
| | | |
$
|
0.16
| | |
$
|
0.26
| | | |
$
|
0.57
| |
| | | | | | | | | | |
-
| |
(a) Stage6 operating costs during the 2006 periods were not
material.
|
| DivX, Inc. |
| CONSOLIDATED CONDENSED STATEMENTS OF CASH FLOWS |
| (in thousands) |
| | | | | | | | |
| |
Three months ended
| |
Year ended
|
| |
December 31,
| |
December 31,
|
| | |
2006
| | | |
2007
| | | |
2006
| | | |
2007
| |
| |
(unaudited)
| |
(unaudited)
|
| | | | | | | | |
|
Net cash (used in) provided by operating activities
| |
$
|
4,353
| | |
$
|
(729
|
)
| |
$
|
16,775
| | |
$
|
17,193
| |
| | | | | | | | |
|
Net cash used in investing activities
| | |
(62,522
|
)
| | |
(24,381
|
)
| | |
(64,206
|
)
| | |
(91,928
|
)
|
| | | | | | | | |
|
Net cash (used in) provided by financing activities
| | |
(1,914
|
)
| | |
672
| | | |
108,706
| | | |
2,957
| |
| | | | | | | | |
|
Net increase (decrease) in cash and cash equivalents
| | |
(60,083
|
)
| | |
(24,438
|
)
| | |
61,275
| | | |
(71,778
|
)
|
|
Cash and cash equivalents at beginning of period
| | |
146,393
| | | |
38,970
| | | |
25,035
| | | |
86,310
| |
| | | | | | | | |
|
Cash and cash equivalents at end of period
| |
$
|
86,310
| | |
$
|
14,532
| | |
$
|
86,310
| | |
$
|
14,532
| |