0001102934-10-000026.txt : 20100714 0001102934-10-000026.hdr.sgml : 20100714 20100713203217 ACCESSION NUMBER: 0001102934-10-000026 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20100713 ITEM INFORMATION: Results of Operations and Financial Condition ITEM INFORMATION: Regulation FD Disclosure FILED AS OF DATE: 20100714 DATE AS OF CHANGE: 20100713 FILER: COMPANY DATA: COMPANY CONFORMED NAME: CABOT MICROELECTRONICS CORP CENTRAL INDEX KEY: 0001102934 STANDARD INDUSTRIAL CLASSIFICATION: SEMICONDUCTORS & RELATED DEVICES [3674] IRS NUMBER: 364324765 STATE OF INCORPORATION: DE FISCAL YEAR END: 0930 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-30205 FILM NUMBER: 10951063 BUSINESS ADDRESS: STREET 1: 870 NORTH COMMONS DRIVE CITY: AURORA STATE: IL ZIP: 60504 BUSINESS PHONE: 6303755461 MAIL ADDRESS: STREET 1: 870 N COMMONS DR CITY: AURORA STATE: IL ZIP: 60504 8-K 1 cmcb8filed071310.htm CMC 8-K FILED 07-13-10 cmcb8filed071310.htm

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):
July 13, 2010


Cabot Microelectronics Corporation
(Exact name of registrant as specified in its charter)

Delaware
 
000-30205
 
36-4324765
(State or other jurisdiction of incorporation)
 
(Commission File Number)
 
(IRS Employer Identification)

870 Commons Drive, Aurora, Illinois
 
60504
(Address of principal executive offices)
 
(Zip Code)

(630) 375-6631
(Registrant’s telephone number, including area code)

Not applicable
(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:

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))


 
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Item 2.02                      Results of Operations and Financial Condition.

On July 13, 2010, Cabot Microelectronics Corporation (the “Company”) issued a press release entitled “Cabot Microelectronics to Report Higher Third Fiscal Quarter Operating Expenses Due to Litigation Costs; Revenue and Gross Margin Remain Strong”, a copy of which is attached hereto as Exhibit 99.1 and incorporated herein by reference.  The press release discusses the operating expenses, revenue and gross margin the Company expects to report for its fiscal quarter ended June 30, 2010.  The press release includes cautionary statements identifying important factors that could cause actual results to differ materially from those described by any forward-looking statements.

This information is being furnished pursuant to Item 2.02 of Form 8-K and shall not be deemed “filed” for purposes of Section 18 of the Securities and Exchange Act of 1934, as amended (the “Exchange Act”), or incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by specific reference in such a filing.


Item 7.01                      Regulation FD Disclosure.

On July 13, 2010, the Company issued a press release entitled “Cabot Microelectronics to Report Higher Third Fiscal Quarter Operating Expenses Due to Litigation Costs; Revenue and Gross Margin Remain Strong”, a copy of which is attached hereto as Exhibit 99.1 and incorporated herein by reference.

This information is being furnished pursuant to Item 7.01 of Form 8-K and shall not be deemed “filed” for purposes of Section 18 of the Securities and Exchange Act of 1934, as amended (the “Exchange Act”), or incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by specific reference in such a filing.


Item 9.01                      Financial Statements and Exhibits.


(c)
Exhibits
   
 
The following exhibit is being furnished, not filed, herewith pursuant to Items 2.02 and 7.01 of Form 8-K:
   
 
99.1           Press release, dated July 13, 2010, entitled “Cabot Microelectronics to Report Higher Third Fiscal Quarter Operating Expenses Due to Litigation Costs; Revenue and Gross Margin Remain Strong.”


 
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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.

 
CABOT MICROELECTRONICS CORPORATION
     
     
Date: July 13, 2010
By:
/s/ WILLIAM S. JOHNSON
   
William S. Johnson
   
Vice President and Chief Financial Officer
   
[Principal Financial Officer]



 
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INDEX TO EXHIBITS

Exhibit
Number
 
 
Title
99.1
 
Press release, dated July 13, 2010, entitled “Cabot Microelectronics to Report Higher Third Fiscal Quarter Operating Expenses Due to Litigation Costs; Revenue and Gross Margin Remain Strong.”




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EX-99.1 2 exhibit99_1.htm EXHIBIT 99.1 exhibit99_1.htm
EXHIBIT 99.1

PRESS RELEASE


                          Contact:
                          Amy Ford
                          Director of Investor Relations
                          Cabot Microelectronics Corporation
                                                 (630) 499-2600

CABOT MICROELECTRONICS TO REPORT HIGHER THIRD FISCAL QUARTER
OPERATING EXPENSES DUE TO LITIGATION COSTS;
REVENUE AND GROSS MARGIN REMAIN STRONG

AURORA, IL, July 13, 2010 – Cabot Microelectronics Corporation (Nasdaq:  CCMP), the world’s leading supplier of chemical mechanical planarization (CMP) polishing slurries and growing CMP pad supplier to the semiconductor industry, today announced that its operating expenses increased significantly in the third fiscal quarter, ended June 30, 2010, due to higher litigation costs.  In addition, the company expects to report strong revenue and gross margin for the quarter.

The company expects to report operating expenses, which include research, development and technical, selling and marketing, and general and administrative expenses, of approximately $34.5 million in the third fiscal quarter, or $2.4 million higher than the $32.1 million reported in the previous quarter. The increase from the prior period was primarily driven by higher expenses related to the company’s ongoing patent enforcement litigation with DuPont Air Products NanoMaterials, LLC during the third fiscal quarter.  Following completion of the jury trial on July 8, in which the company’s patents at issue were upheld, the company expects litigation costs to decrease significantly.  Given the increase in operating expenses in the third fiscal quarter, the company now expects to exceed its previous guidance range for full year operating expenses of $120 million to $125 million for fiscal 2010.

The company expects to report revenue of approximately $101.7 million for the third fiscal quarter, which represents its third consecutive quarter of record revenue, approximately 3 percent higher than in the prior quarter on continued strong demand for the company’s products.  In addition, the company expects to report a gross profit margin of approximately 49 percent of revenue in the third fiscal quarter.

As previously announced, Cabot Microelectronics will release full financial results for its third fiscal quarter on July 22, 2010.

ABOUT CABOT MICROELECTRONICS CORPORATION
Cabot Microelectronics Corporation, headquartered in Aurora, Illinois, is the world's leading supplier of CMP polishing slurries and growing CMP pad supplier to the semiconductor industry. The company's products play a critical role in the production of advanced semiconductor devices, enabling the manufacture of smaller, faster and more complex devices by its customers.  The company’s mission is to create value by developing reliable and innovative solutions, through close customer collaboration, that solve today’s challenges and help enable tomorrow’s technology.  Since becoming an independent public company in 2000, the company has grown to approximately 925 employees on a global basis.  For more information about Cabot Microelectronics Corporation, visit www.cabotcmp.com or contact Amy Ford, Director of Investor Relations at (630) 499-2600.
 
SAFE HARBOR STATEMENT
This news release may include statements that constitute “forward looking statements” within the meaning of federal securities regulations. These forward-looking statements include statements related to: future sales and operating results; company and industry growth, contraction or trends; growth or contraction of the markets in which the company participates; international events or various economic factors; product performance; the generation, protection and acquisition of intellectual property, and litigation related to such intellectual property; new product introductions; development of new products, technologies and markets; the acquisition of or investment in other entities; uses and investment of the company’s cash balance; and the construction of facilities by Cabot Microelectronics Corporation. These forward-looking statements involve a number of risks, uncertainties, and other factors, including those described from time to time in Cabot Microelectronics’ filings with the Securities and Exchange Commission (SEC), that could cause actual results to differ materially from those described by these forward-looking statements.  In particular, see "Risk Factors" in the company's quarterly report on Form 10-Q for the quarter ended March 31, 2010 and in the company's annual report on Form 10-K for the fiscal year ended September 30, 2009, both filed with the SEC. Cabot Microelectronics assumes no obligation to update this forward-looking information.