EX-99.1 2 a05-2253_1ex99d1.htm EX-99.1

EXHIBIT 99.1

 

FOR IMMEDIATE RELEASE

 

 

Contact:

 

 

Blake Stowell

 

Anton Nicholas

The SCO Group

 

Sloane & Company

bstowell@sco.com

 

anicholas@sloanepr.com

Tel:  (801) 932-5703

 

Tel:  (212) 446-1889

www.sco.com

 

 

 

 

THE SCO GROUP ANNOUNCES FOURTH QUARTER

 

AND FISCAL 2004 RESULTS

 

LINDON, Utah— Dec. 21, 2004—The SCO Group, Inc. (Nasdaq: SCOX), owner of the UNIX operating system and a leading provider of UNIX-based solutions, today reported results for its fiscal fourth quarter and year ended October 31, 2004.

 

Revenue for the fourth quarter of fiscal year 2004 was $10,075,000 as compared to $24,290,000 from the comparable quarter of the prior year.  The decrease in revenue in the fourth quarter of fiscal year 2004 from the comparable quarter of the prior year was primarily due to a decrease in SCOsource licensing revenue to $120,000 from $10,316,000 and from continued competitive pressures on the Company’s UNIX products and services.

 

The net loss attributable to common stockholders for the fourth quarter of fiscal year 2004 was $6,516,000, or ($0.37) per diluted common share, as compared to a net loss attributable to common stockholders of $1,568,000, or ($0.12) per diluted common share for the comparable quarter of the prior year.  Included in the net loss attributable to common stockholders for the fourth quarter of fiscal year 2004 were charges related to a restructuring of continuing operations, reductions in force and dispositions of long-lived assets totaling $2,702,000.

 

“Fourth Quarter achievements demonstrate continued progress at SCO,” said Darl McBride, president and CEO, The SCO Group.  “The management team has maintained its commitment to operate our core UNIX business profitably.  With the benefit of additional efficiency improvements now in place, we expect the UNIX business will generate cash during fiscal year 2005.  During the fourth quarter we also completed an agreement to cap the legal fees relating to the pending contract and intellectual property litigation.  The combination of these two positive actions positions us well to pursue our strategy to protect our contractual and intellectual property rights on behalf of our customers, employees and shareholders.”

 

For fiscal year 2004, revenue was $42,809,000 compared to revenue for fiscal year 2003 of $79,254,000.  For fiscal year 2004, the net loss attributable to common stockholders was $16,227,000, or ($1.07) per diluted common share, compared to net income

 



 

attributable to common stockholders of $5,304,000, or $0.34 per diluted common share.  Cash and available-for-sale securities were $31,449,000 at October 31, 2004.  In addition, $5,000,000 was placed in an escrow account and is classified as a component of restricted cash as of October 31, 2004. This cash will be used to pay for certain expenses associated with our intellectual property litigation.

 

UNIX Business Highlights

 

The fourth quarter of fiscal year 2004 marked the third consecutive quarter of stable revenue for the UNIX business.  The Company’s management team continued to make operating improvements in this business to help it generate positive cash flow in fiscal year 2005.  Additionally, the Company anticipates releasing the next version of its OpenServer product, code-named Legend, during the first half of 2005.  This product will mark the culmination of a significant product development effort and reinforces the Company’s investment in its ongoing UNIX business.

 

During the fourth quarter, the Company launched a new version to its collaboration product, SCOoffice Server 4.1, which has been gaining acceptance in various markets throughout the world.  In addition, the Company launched its SCO Marketplace initiative targeted to third-party developers who wish to participate with the Company in development projects that will benefit and enhance future SCO products.

 

Litigation Agreement

 

On November 4, 2004 the Company filed a Form 8-K with the Securities and Exchange Commission indicating it had finalized an amended engagement agreement with the law firms representing the Company in its current litigation.  The revised engagement agreement limits the Company’s attorneys fees after September 1, 2004 associated with its intellectual property litigation to approximately $31 million (other than contingency fees) and will enable the Company to finance the litigation through to its conclusion, including any necessary appeals.  The revised engagement agreement will also lower the Company’s ongoing quarterly costs associated with its intellectual property litigation.

 

Outlook

 

The following statements are forward looking and actual results may differ materially. See the discussion of certain risks and uncertainties related to this financial outlook at the end of this release under “Forward-Looking Statements.”

 

With the attorneys fees associated with the Company’s litigation capped and a core UNIX business expected to generate positive cash flow during fiscal year 2005, the Company is in position to pursue its existing litigation through to its conclusion.  The Company will continue to protect its UNIX contractual and intellectual property rights and to aggressively pursue its claims through the judicial system.

 

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Conference Call

 

As previously announced, The SCO Group will host a conference call at 5:00 p.m. EDT today, December 21, 2004, to discuss its fourth quarter and year end results.  To participate in the teleconference, please call 800-565-5442 or 913-981-5591; confirmation code: 818639, approximately five minutes prior to the time stated above. A listen-only Web cast of the call will be broadcast live with a replay available the following day. The Web cast and replay may be accessed from http://ir.sco.com/medialist.cfm.

 

About SCO

 

The SCO Group, Inc. (Nasdaq: SCOX - News) helps millions of customers in more than 82 countries to grow their businesses everyday.  Headquartered in Lindon, Utah, SCO has a worldwide network of more than 11,000 resellers and 4,000 developers.  SCO Global Services provides reliable localized support and services to partners and customers.  For more information on SCO products and services, visit http://www.sco.com.

 

SCO and the associated SCO logo are trademarks or registered trademarks of The SCO Group, Inc. in the U.S. and other countries. UNIX is a registered trademark of The Open Group. All other brand or product names are or may be trademarks of, and are used to identify products or services of, their respective owners.

 

Forward-Looking Statements

 

This press release, particularly the “Outlook” section, contains forward-looking statements representing our current expectations and beliefs, including, among other things: (i) the expectation that we will continue to pursue our strategy to protect our intellectual property rights and that we are well positioned to do so; (ii) the expectation that we will generate positive cash flow from our UNIX business in fiscal year 2005; (iii) the expectation that our revised engagement agreement with the law firms representing us in our intellectual property litigation will lower our ongoing quarterly litigation costs and enable us to finance the litigation through to its conclusion, including appeals; and (iv) the anticipated release of the next version of OpenServer in the first half of 2005.  These forward-looking statements and related assumptions are subject to risks and uncertainties that could cause actual results and outcomes to differ materially from any forward-looking statements contained herein.  These risks and uncertainties include, without limitation: (a) risks that we will not be successful in our efforts to protect and enforce our intellectual property rights; (b) risks that our core UNIX business may continue to decline; (c) risks that we will face increasing competition from competing providers of operating system products and services, particularly Linux; (d) risks that the U.S. and international economic and political conditions will worsen and adversely affect technology purchases; (e) risks that our SCOsource licensing initiatives will yield fewer licenses or less licensing revenue than anticipated or that such licensing revenue will not be generated when or in amounts currently anticipated; (f) risks that we will require more capital to sustain our business objectives than we have and that such capital may not be available; and (g) other risks and uncertainties set forth in our filings with the Securities and Exchange Commission.  These forward-looking statements speak only as of the date hereof, and we undertake no obligation to update such forward-looking statements after the date hereof.

 

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The SCO Group Announces Fourth Quarter 2004 Results

 

Condensed Consolidated Balance Sheets

 

(in thousands)

 

 

 

October 31,
2004

 

October 31,
2003

 

Assets:

 

 

 

 

 

Cash and cash equivalents

 

$

19,693

 

$

64,428

 

Restricted cash

 

8,283

 

2,025

 

Available-for-sale securities

 

11,756

 

4,095

 

Accounts receivable, net

 

6,638

 

9,282

 

Other current assets

 

1,870

 

2,450

 

Total current assets

 

48,240

 

82,280

 

Property and equipment, net

 

649

 

1,148

 

Goodwill and intangibles, net

 

5,413

 

10,452

 

Other assets

 

1,098

 

1,072

 

Total assets

 

$

55,400

 

$

94,952

 

 

 

 

 

 

 

Liabilities:

 

 

 

 

 

Accounts payable

 

$

7,854

 

$

1,978

 

Accrued payroll and accrued expenses

 

7,224

 

8,506

 

Accrued compensation to law firms

 

7,956

 

10,556

 

Deferred revenue

 

4,877

 

5,501

 

Derivative related to Series A convertible preferred stock

 

 

15,224

 

Other current liabilities

 

4,916

 

3,347

 

Total current liabilities

 

32,827

 

45,112

 

Long-term liabilities

 

343

 

508

 

Minority interest

 

 

145

 

Convertible preferred stock

 

 

29,671

 

Stockholders’ equity

 

22,230

 

19,516

 

Total liabilities and stockholders’ equity

 

$

55,400

 

$

94,952

 

 

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The SCO Group Announces Fourth Quarter 2004 Results

 

Condensed Consolidated Statements of Operations
(in thousands, except per share data)

 

 

 

Three Months Ended
October 31,

 

Year Ended,
October 31,

 

 

 

2004

 

2003

 

2004

 

2003

 

 

 

 

 

 

 

 

 

 

 

Products revenue

 

$

8,296

 

$

12,012

 

$

35,352

 

$

45,028

 

Services revenue

 

1,659

 

1,962

 

6,628

 

8,380

 

SCOsource licensing revenue

 

120

 

10,316

 

829

 

25,846

 

Total revenue

 

10,075

 

24,290

 

42,809

 

79,254

 

Cost of products revenue

 

857

 

729

 

3,221

 

4,405

 

Cost of services revenue

 

861

 

1,346

 

4,134

 

6,354

 

Cost of SCOsource licensing revenue

 

4,257

 

5,288

 

19,743

 

9,163

 

Total cost of revenue

 

5,975

 

7,363

 

27,098

 

19,922

 

Gross margin

 

4,100

 

16,927

 

15,711

 

59,332

 

Operating expenses:

 

 

 

 

 

 

 

 

 

Sales and marketing

 

3,086

 

5,971

 

17,038

 

24,392

 

Research and development

 

2,445

 

2,870

 

10,612

 

11,012

 

General and administrative

 

1,833

 

1,705

 

8,308

 

6,230

 

Compensation to law firms

 

 

8,956

 

 

8,956

 

Restructuring and other

 

2,486

 

 

2,486

 

498

 

Amortization of intangibles

 

593

 

895

 

2,566

 

3,190

 

Write-down of investment

 

 

250

 

 

250

 

Loss on impairment of long-lived assets

 

216

 

164

 

2,355

 

164

 

Stock-based compensation

 

51

 

277

 

919

 

1,204

 

Total operating expenses

 

10,710

 

21,088

 

44,284

 

55,896

 

Income (loss) from operations

 

(6,610

)

(4,161

)

(28,573

)

3,436

 

Equity in income (loss) of affiliates

 

(4

)

109

 

111

 

(62

)

Other income, net

 

223

 

2,886

 

6,507

 

2,827

 

Income (loss) before income taxes

 

(6,391

)

(1,166

)

(21,955

)

6,201

 

Provision for income taxes

 

(125

)

(279

)

(1,395

)

(774

)

Net income (loss)

 

(6,516

)

(1,445

)

(23,350

)

5,427

 

Dividends on convertible preferred stock

 

 

(123

)

7,123

 

(123

)

Net income (loss) applicable to common stockholders

 

$

(6,516

)

$

(1,568

)

$

(16,227

)

$

5,304

 

Basic net income (loss) per common share

 

$

(0.37

)

$

(0.12

)

$

(1.07

)

$

0.43

 

Diluted net income (loss) per common share

 

$

(0.37

)

$

(0.12

)

$

(1.07

)

$

0.34

 

Weighted average basic common shares outstanding

 

17,436

 

13,371

 

15,155

 

12,261

 

Weighted average diluted common shares outstanding

 

17,436

 

13,371

 

15,155

 

15,679

 

 

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