-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, PBJ42gsskkSj7Dc9qfDj17DUfKdvpemBNGJCnGjASayU6p856VS/8h/7VoxhAXY6 hx3gg/7RsqXQCsOueO3L4A== 0001157523-08-009026.txt : 20081106 0001157523-08-009026.hdr.sgml : 20081106 20081106160316 ACCESSION NUMBER: 0001157523-08-009026 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20081106 ITEM INFORMATION: Results of Operations and Financial Condition ITEM INFORMATION: Regulation FD Disclosure ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20081106 DATE AS OF CHANGE: 20081106 FILER: COMPANY DATA: COMPANY CONFORMED NAME: NIC INC CENTRAL INDEX KEY: 0001065332 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-MANAGEMENT CONSULTING SERVICES [8742] IRS NUMBER: 522077581 STATE OF INCORPORATION: CO FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-26621 FILM NUMBER: 081167190 BUSINESS ADDRESS: STREET 1: 25501 W. VALLEY PARKWAY STREET 2: SUITE 300 CITY: OLATHE STATE: KS ZIP: 66061 BUSINESS PHONE: (913) 498-3468 MAIL ADDRESS: STREET 1: 25501 W. VALLEY PARKWAY STREET 2: SUITE 300 CITY: OLATHE STATE: KS ZIP: 66061 FORMER COMPANY: FORMER CONFORMED NAME: NATIONAL INFORMATION CONSORTIUM DATE OF NAME CHANGE: 19990618 FORMER COMPANY: FORMER CONFORMED NAME: NATIONAL INFORMATION CONSORTIUM INC DATE OF NAME CHANGE: 19990504 8-K 1 a5824518.htm NIC INC. 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549



FORM 8-K

CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934

Date of Report (Date of earliest event reported): November 6, 2008

NIC Inc.
(Exact name of registrant as specified in its charter)

Colorado

000-26621

52-2077581

(State or other jurisdiction of incorporation

or organization)

 

(Commission
File Number)

(I.R.S. Employer
Identification No.)

25501 West Valley Parkway, Suite 300

Olathe, Kansas 66061

(Address of principal executive offices, including zip code)

(877) 234-3468
(Registrant's telephone number, including area code)

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):

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

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

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

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


ITEM 2.02          RESULTS OF OPERATIONS AND FINANCIAL CONDITION

On November 6, 2008, NIC Inc. issued a press release announcing its financial results for the third quarter of 2008. A copy of the press release is furnished with this report on Form 8-K as Exhibit 99.

ITEM 7.01          REGULATION FD DISCLOSURE

NIC Inc. will host a conference call, which will also be available by webcast, to discuss its financial results for the third quarter of 2008 at 4:30 p.m. EST on November 6, 2008.

The information in this Form 8-K and Exhibit 99 is being furnished and 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 shall be expressly set forth in such filing.

ITEM 9.01          FINANCIAL STATEMENTS AND EXHIBITS

(d) Exhibits

99 - Press release issued by NIC Inc. dated November 6, 2008, announcing financial results for the third quarter of 2008, furnished solely for purposes of incorporation by reference to Item 2.02 herein.

- 2 -

SIGNATURES

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.

NIC Inc.

 

 

Date:

November 6, 2008

/s/ Stephen M. Kovzan

Stephen M. Kovzan

Chief Financial Officer

 

 

 

-3-

EX-99 2 a5824518ex99.htm EXHIBIT 99

Exhibit 99

NIC Reports Third Quarter 2008 Net Income of $3.1 Million on 17% Increase in Portal Revenues

OLATHE, Kan.--(BUSINESS WIRE)--November 6, 2008--NIC Inc. (NASDAQ: EGOV) today announced net income of $3.1 million and earnings per share of five cents on total revenues of $24.9 million for the three months ended September 30, 2008. Operating income was $4.5 million for the quarter, a two percent increase over third quarter 2007. The company reported net income of $3.8 million and earnings per share of six cents on total revenues of $21.6 million in third quarter 2007.

Third quarter 2008 results include an income tax expense reduction of approximately $0.2 million. Absent this item, net income would have been $2.8 million, or four cents per share. Third quarter 2007 results include a gain of $0.5 million on the sale of a minority investment and an income tax expense reduction of $0.5 million. Absent these items, net income would have been $2.8 million or four cents per share in the prior year quarter.

Quarterly portal revenues were $24.1 million, a 17 percent increase over third quarter 2007. On a same state basis, portal revenues grew 10 percent in the third quarter. Same-state non-DMV transaction-based revenues grew 26 percent over third quarter 2007 through strong performance in hunting and fishing, vehicle, and professional licensing services. Same-state DMV revenues grew two percent over third quarter 2007.

NIC’s portals launched 65 new non-DMV revenue-generating services and another 153 applications are in the development pipeline. NIC has launched a total of 327 new non-DMV revenue-generating applications year-to-date and is on pace to break last year’s record of 368 new revenue-generating non-DMV services.

“For the third consecutive quarter, our core portal business has delivered strong organic revenue growth, with non-DMV revenue growth above 25 percent on a same state basis,” said Harry Herington, Chairman of the Board and Chief Executive Officer of NIC. “While the current economic conditions are creating challenges for many companies, we are pleased with the stable and consistent performance of our portals.”


Selling and administrative expenses were $5.5 million in the current quarter compared to $5.2 million in the third quarter of 2007. As a percentage of portal revenues, selling and administrative expenses were 23 percent in the current quarter, down from 25 percent in the same period last year.

At September 30, 2008, NIC’s cash and investments totaled $62.4 million. In October 2008, the broker-dealer of NIC’s auction-rate securities repurchased all of the Company’s auction-rate securities at par value, which totaled approximately $6.9 million.

Operating Highlights

During the third quarter, multiyear portal management contract renewals were approved by West Virginia (http://www.WV.gov), Vermont (http://www.Vermont.gov) and Kansas (http://www.Kansas.gov). NIC has never lost a contract renewal or competitive rebid opportunity.

For the second consecutive year, eight NIC partners were among the top 10 finalists in the Center for Digital Government’s annual Best of the Web competition, with Virginia (http://www.Virginia.gov) receiving the first place award. NIC’s partners also took home seven Digital Government & Education Achievement Awards, which singles out specific sites and online services. In the Center for Digital Government’s biannual Digital States Survey of technology use in state government, five partners were among the top 10 finalists and Utah (http://www.Utah.gov) was ranked best in the nation.

“We are proud to continue our long-term eGovernment public-private partnerships in West Virginia, Vermont, and Kansas and thank our partners for their votes of confidence,” concluded Herington. “We also salute Virginia, Utah, and our other award-winning partners for their ongoing commitment to excellence.”

2008 Outlook Reaffirmed

For full-year 2008, NIC reaffirms its previous guidance: Total revenues of $98.5 - $100.7 million, portal revenues of $95.0 - $97.0 million, and software and services revenues of $3.5 - $3.7 million. The Company also anticipates operating income between $17.0 - $18.5 million and net income of $10.7 - $11.7 million. NIC's projections do not include any new portal contracts.

“NIC’s core business continues to show resilience against the broader economic downturn,” said Steve Kovzan, Chief Financial Officer of NIC. “Coupled with our healthy pipeline for new portal opportunities and proven ability to effectively develop and market new eGovernment services, we remain optimistic about our near- and longer-term growth prospects.”


Third Quarter Earnings Call Webcast Details

Webcast Information

To sign in and listen: The Webcast system is available at http://www.nicusa.com/investor.

A replay of the Webcast will be available until 11:00 p.m. (EST) on February 5, 2009, by visiting http://www.nicusa.com/investor.

The conference call replay will also be available via Podcast download by visiting http://www.nicusa.com/investor.

About NIC

NIC is nation’s leading provider of official government portals, online services, and secure payment processing solutions. The company’s innovative eGovernment services help reduce costs and increase efficiencies for government agencies, citizens, and businesses across the country. NIC provides eGovernment solutions for 2,900 federal, state, and local agencies that serve more than 70 million people in the United States. Additional information is available at http://www.nicusa.com.

The statements in this release regarding continued implementation of NIC's business model and its development of new products and services are forward-looking statements. There are a number of important factors that could cause actual results to differ materially from those suggested or indicated by such forward-looking statements. These include, among others, the success of the Company in signing contracts with new states and government agencies, including continued favorable government legislation; NIC's ability to develop new services; existing states and agencies adopting those new services; acceptance of eGovernment services by businesses and citizens; competition; and general economic conditions and the other important cautionary statements and risk factors described in NIC's 2007 Annual Report on Form 10-K filed on March 17, 2008, with the Securities and Exchange Commission, and in NIC’s Quarterly Report on Form 10-Q for the quarter ended September 30, 2008, filed with the SEC on November 6, 2008.


NIC INC.
FINANCIAL SUMMARY
(UNAUDITED)
Thousands except per share amounts
       
Three months ended Nine months ended
September 30, September 30,
2008 2007 2008 2007
Revenues:
Portal revenues $ 24,147 $ 20,699 $ 72,564 $ 61,177
Software & services revenues 794 859 2,758 2,491
Total revenues 24,941 21,558 75,322 63,668
Operating expenses:

Cost of portal revenues, exclusive of depreciation & amortization

 

13,502 10,844 39,214 31,718

Cost of software & services revenues, exclusive of depreciation & amortization

 

541 479 1,681 1,442
Selling & administrative 5,520 5,207 17,305 15,772
Depreciation & amortization 903 632 2,648 1,744
Total operating expenses 20,466 17,162 60,848 50,676
Operating income 4,475 4,396 14,474 12,992
Other income (expense):
Interest income 140 362 583 1,260
Gain on affiliate investments - 508 - 508
Other expense, net (5) - (24) -
Total other income 135 870 559 1,768
Income before income taxes 4,610 5,266 15,033 14,760
Income tax provision 1,550 1,476 5,805 5,472
Net income $ 3,060 $ 3,790 $ 9,228 $ 9,288
 
Basic net income per share $ 0.05 $ 0.06 $ 0.15 $ 0.15
Diluted net income per share $ 0.05 $ 0.06 $ 0.15 $ 0.15
 

Weighted average shares outstanding

Basic 62,724 61,905 62,449 61,776
Diluted 62,971 62,537 62,864 62,255
 
Key Financial Metrics:
Revenue growth - outsourced portals 17% 20% 19% 18%
Same state revenue growth - outsourced portals 10% 19% 12% 16%
Recurring portal revenue percentage 94% 94% 92% 94%
Gross profit % - outsourced portals 44% 48% 46% 48%
Selling & administrative as a % of portal revenue 23% 25% 24% 26%
Operating income margin as a % of portal revenue 19% 21% 20% 21%
 
Portal Revenue Analysis:
DMV transaction-based $ 11,745 $ 11,171 $ 35,445 $ 33,906
Non-DMV transaction-based 8,800 7,128 25,427 20,409
Software development & portal management 3,602 2,400 11,692 6,862
$ 24,147 $ 20,699 $ 72,564 $ 61,177

NIC INC.
CONSOLIDATED BALANCE SHEETS
(UNAUDITED)
Thousands
 
 
  September 30, 2008   December 31, 2007
ASSETS
Current assets:
Cash and cash equivalents $ 55,510 $ 38,236
Short-term investments 6,854 17,600
Trade accounts receivable 33,281 28,149
Unbilled revenues 348 720
Deferred income taxes, net 7,033 6,746
Prepaid expenses & other current assets 2,289   2,143  
Total current assets 105,315 93,594
Property and equipment, net 6,739 6,110
Deferred income taxes, net 5,190 10,809
Other assets 1,251   863  
Total assets $ 118,495   $ 111,376  
 
LIABILITIES AND SHAREHOLDERS' EQUITY
Current liabilities:
Accounts payable $ 44,136 $ 36,498
Accrued expenses 8,215 6,848
Application development contracts 246

 

353
Other current liabilities 1,017   99  
Total current liabilities 53,614 43,798
 
Other long-term liabilities 1,036   714  
Total liabilities 54,650   44,512  
 
Commitments and contingencies - -
 
Shareholders' equity:

Common stock, no par, 200,000 shares authorized 62,760 and 62,031 shares issued and outstanding

- -
Additional paid-in capital 153,590 165,934
Accumulated deficit (89,674 ) (98,902 )
Accumulated other comprehensive loss (71 ) -  
63,845 67,032
Less treasury stock -   (168 )
Total shareholders' equity 63,845   66,864  
Total liabilities and shareholders' equity $ 118,495   $ 111,376  
NIC INC.
CONSOLIDATED STATEMENTS OF CHANGES IN SHAREHOLDERS' EQUITY
(UNAUDITED)
Thousands
                 
Accumulated
Additional Other
Common Stock Paid-in Accumulated Comprehensive Treasury
Shares Amount Capital Deficit Loss Stock Total  

Balance, January 1, 2008

62,031 $ - $ 165,934 $ (98,902 ) $ - $ (168 ) $ 66,864
Net income - - - 9,228 - - 9,228

Unrealized holding loss on marketable securities

- - - - (71 ) - (71 )
 
Cash dividends on common stock - - (15,709 ) - - - (15,709 )
Retirement of treasury stock - (168 ) - - 168 -
Shares surrendered upon vesting of restricted stock to satisfy tax withholdings
(58 ) - (438 ) - - - (438 )
Stock options exercises and restricted stock vestings
725 - 1,862 - - - 1,862
Stock-based compensation - - 1,829 - - - 1,829
Issuance of common stock under employee stock purchase plan
62   - 280   -   -   -   280  
Balance, September 30, 2008 62,760   $ - $ 153,590   $ (89,674 ) $ (71 ) $ -   $ 63,845  

NIC INC.
CASH FLOW SUMMARY
(UNAUDITED)
Thousands
       

Three months Ended

Nine months Ended

September 30, September 30,
2008 2007 2008 2007
 
Cash flows from operating activities:
Net income $ 3,060 $ 3,790 $ 9,228 $ 9,288
Adjustments to reconcile net income to net cash provided by operating activities:
 
Depreciation & amortization 903 632 2,648 1,744
Stock-based compensation expense 601 396 1,829 1,260
Application development contracts (36 ) (41 ) (107 ) (121 )
Deferred income taxes 1,699 1,787 5,332 5,193
(Gain) on affiliate investments - (508 ) - (508 )
Impairment loss on property and equipment - 164 - 164
Loss on disposal of property and equipment 5 - 24 -
Changes in operating assets and liabilities:
(Increase) decrease in trade accounts receivable 1,107 (2,561 ) (5,132 ) (2,144 )
Decrease in unbilled revenues 243 96 372 724
(Increase) in prepaid expenses & other current assets (642 ) (444 ) (146 ) (277 )
(Increase) decrease in other assets (10 ) - (10 ) 2
Increase in accounts payable 6,172 6,483 7,638 2,461
Increase in accrued expenses 871 384 929 1,480
Increase (decrease) in other current liabilities 649 (169 ) 918 (65 )
Increase (decrease) in other long-term liabilities 322   (511 ) 322   (389 )
Net cash provided by operating activities 14,944   9,498   23,845   18,812  
Cash flows from investing activities:
Purchases of property and equipment (891 ) (961 ) (3,118 ) (2,618 )
Capitalized internal use software development costs (153 ) (177 ) (561 ) (358 )
Purchases of investments - (10,000 ) (1,000 ) (12,000 )
Sales and maturities of investments 25 - 11,675 45,008
Proceeds from sale of affiliate -   508   -   508  
Net cash provided by (used in) investing activities (1,019 ) (10,630 ) 6,996   30,540  
Cash flows from financing activities:
Cash dividends on common stock - - (15,709 ) (46,730 )
Proceeds from employee common stock purchases - - 280 239
Proceeds from exercise of employee stock options 10   300   1,862   806  
Net cash provided by (used in) financing activities 10   300   (13,567 ) (45,685 )
Net increase (decrease) in cash and cash equivalents 13,935 (832 ) 17,274 3,667
Cash and cash equivalents, beginning of period 41,575   41,244   38,236   36,745  
Cash and cash equivalents, end of period $ 55,510   $ 40,412   $ 55,510   $ 40,412  
Other cash flow information:
Income taxes paid $ 108   $ 138   $ 577   $ 741  

CONTACT:
NIC Inc.
Nancy Beaton, 913-754-7054
nbeaton@nicusa.com

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