EX-99.1 2 dex991.htm PRESS RELEASE Press Release

Exhibit 99.1

 

Investor Relations Contact:   Todd Friedman or
Karen Fisher   Stacie Bosinoff
DivX, Inc.   The Blueshirt Group
858-882-6415   415-217-7722
kfisher@divxcorp.com   todd@blueshirtgroup.com
  stacie@blueshirtgroup.com

Media Contact:

Jennifer Baumgartner

DivX, Inc.

503-901-5371

Jbaumgartner@divxcorp.com

DivX, Inc. Reports First Quarter 2009 Financial Results

Emerging Product Categories Exceed 10% of Licensing Revenues for First Time

Balance Sheet Remains Strong with $138 Million or $4.24 per Share in

Cash and Investments

SAN DIEGO, CA — May 7, 2009 — DivX, Inc. (NASDAQ:DIVX), a digital media company, today announced results for the first quarter ended March 31, 2009.

The Company reported revenues for the first quarter of $18.7 million, comprised primarily of $18.6 million of technology licensing revenues. This compares to revenues of $25.0 million reported for the same period a year ago, which included $19.1 million of technology licensing revenues and $5.9 million of media and other distribution and services revenues. The decrease in non-licensing revenues was due to the transition to a new distribution agreement with Google that was signed in the first quarter and is expected to generate revenues in the second quarter of 2009.

“It has been an active start to the year for DivX,” stated Kevin Hell, Chief Executive Officer for DivX. “We saw meaningful traction beyond DVD players in Q1. For the first time, our emerging product categories represented over 10% of licensing revenue and we certified hundreds of new devices, including digital televisions, Blu-ray players and mobile handsets. In addition, we introduced a major new release of our software with the launch of DivX® 7 supporting H.264, and we signed a new software distribution agreement with Google. With our industry-wide presence, global brand, strong business model, and a massive international community of DivX users, we remain confident in our ability to realize our vision of enabling consumers to enjoy high-quality video on any device and in any location.”

GAAP net loss in the first quarter of 2009 was approximately $1.4 million, or $0.04 per diluted share. DivX generated non-GAAP net income of approximately $1.2 million, or $0.04 per diluted share. Non-GAAP net income and earnings per diluted share exclude the following expenses: (1) non-cash share-based compensation of approximately $2.2 million ($1.3 million, or $0.04 per diluted share,

 

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net of related taxes); (2) the scheduled amortization of purchased intangible assets related to the acquisition of MainConcept of $511,000 ($309,000, or $0.01 per diluted share, net of related taxes); (3) the foreign exchange impact on our intercompany loan of $313,000 ($189,000, or $0.01 per diluted share, net of related taxes); and (4) a non-cash charge of approximately $750,000, or $0.02 per diluted share, related to the change in value of certain deferred tax assets, due to a change in California income tax law enacted during the first quarter of 2009.

Dan Halvorson, Executive Vice President and Chief Financial Officer, added, “Despite the ongoing weakness in the worldwide consumer electronics market, DivX continues to deliver solid bottom line results through focused execution and rigid expense management. In addition, we continue to maintain a strong balance sheet with $137.8 million in cash and investments, or $4.24 per share, and continue to operate our business in a manner that is mindful of the global economic conditions, while investing where appropriate to capture market opportunities.”

Second Quarter 2009 Fiscal Outlook

The following table summarizes the Company’s financial guidance for the second quarter of 2009, its historic seasonably low quarter. The following estimates are based on the Company’s current business outlook as of the date of this press release:

 

     Q2’09 Guidance

Revenue (in millions)

   $14.0 - $15.0

GAAP earnings per share, diluted

   ($0.10) - ($0.08)

Adjustments:

  

Non-cash share-based compensation expense, net of income taxes

   $0.04

Amortization of purchased intangibles, net of income taxes

   $0.01

Non-GAAP earnings per share, diluted

   ($0.05) - ($0.03)

These estimates are based on:

 

  1. Expected revenues for technology licensing of approximately 90% of total revenue for the second quarter of 2009; and revenues for media and other distribution and services of approximately 10% of total revenues for the second quarter of 2009;

 

  2. A projected effective tax rate of approximately 41% for the second 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 $0.04 per diluted share, net of related taxes) for the second quarter of 2009; and

 

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  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 second quarter of 2009.

Quarterly Conference Call

DivX management will host a conference call and simultaneous audio webcast to discuss its first quarter 2009 results on May 7, 2009 at 1:30 p.m. Pacific Time or 4:30 p.m. Eastern Time. To participate in the call, please dial (877) 604-9665 or outside the U.S. (719) 325-4893 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 of the Company’s web site at http://investors.divx.com.

In addition, an audio replay of the call will be available between 7:30 p.m. Eastern Time May 7, 2009 and Midnight, Eastern Time May 14, 2009 by calling (888) 203-1112 or (719) 457-0820, with passcode 5400524.

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 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, references to the expected growth and earnings potential of the DivX business, the Company’s position in the digital media space, uncertainties contributing to the macroeconomic climate in 2009, anticipated financial results for the second quarter 2009, and the uncertainty of anticipated revenue under the Google software distribution agreement. 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 uncertainties surrounding the macroeconomic climate, the risk that the Company’s financial performance for the second quarter 2009 may not meet expectations; the risk that the Google software distribution revenue 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

 

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of DivX’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 and diluted earnings 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 and non-GAAP earnings 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.

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.

# # # #

 

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DivX, Inc.

CONSOLIDATED CONDENSED BALANCE SHEETS

(in thousands)

 

     March 31,
2009
   December 31,
2008
     (unaudited)

Assets

     

Current assets:

     

Cash and cash equivalents

   $ 21,522    $ 43,442

Short-term investments

     98,156      73,897

Accounts receivable, net

     2,034      7,263

Deferred tax assets, current

     1,841      1,841

Prepaid expenses and other current assets

     9,182      4,732
             

Total current assets

     132,735      131,175

Property and equipment, net

     3,339      3,811

Long-term investments

     18,139      17,968

Deferred tax assets, long-term

     10,515      10,547

Purchased intangible assets, net

     12,738      10,968

Goodwill

     9,830      10,358

Other assets

     5,316      8,574
             

Total assets

   $ 192,612    $ 193,401
             

Liabilities and stockholders’ equity

     

Current liabilities:

     

Accounts payable

   $ 1,364    $ 1,319

Accrued expenses

     7,338      7,909

Deferred revenue

     5,015      6,185
             

Total current liabilities

     13,717      15,413

Long-term liabilities

     4,181      3,888
             

Total liabilities

     17,898      19,301

Stockholders’ equity

     174,714      174,100
             

Total liabilities and stockholders’ equity

   $ 192,612    $ 193,401
             

 

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DivX, Inc.

CONSOLIDATED CONDENSED STATEMENTS OF OPERATIONS

(in thousands, except per share data)

(unaudited)

 

     Three Months Ended March 31,
     2009     2008

Net revenues:

    

Technology licensing

   $ 18,606     $ 19,078

Media and other distribution and services

     71       5,944
              

Total net revenues

     18,677       25,022

Cost of revenues:

    

Cost of technology licensing

     2,411       1,036

Cost of media and other distribution and services

     176       172
              

Total cost of revenues

     2,587       1,208
              

Gross margin

     16,090       23,814

Operating expenses:

    

Selling, general and administrative (1) (2)

     12,709       15,977

Product development (1) (2)

     4,701       5,425

Impairment of acquired intangibles

     —         1,000
              

Total operating expenses

     17,410       22,402
              

Income (loss) from operations

     (1,320 )     1,412

Interest income (expense), net

     594       1,657

Other income (expense)

     (390 )     517
              

Income (loss) before income taxes

     (1,116 )     3,586

Income tax provision (benefit)

     316       1,105
              

Net income (loss)

   $ (1,432 )   $ 2,481
              

Basic net earnings (loss) per share

   $ (0.04 )   $ 0.07
              

Diluted net earnings (loss) per share

   $ (0.04 )   $ 0.07
              

Shares used to compute basic net earnings (loss) per share

     32,476       34,696
              

Shares used to compute diluted net earnings (loss) per share

     32,476       35,356
              

 

    

(1) Includes share-based compensation as follows:

    

Selling, general and administrative

   $ 1,882     $ 1,518

Product development

     317       489
              
   $ 2,199     $ 2,007
              

(2) Includes Stage6 operating costs and related accruals as follows:

    

Selling, general and administrative

   $ —       $ 3,103

Product development

     —         230
              
   $ —       $ 3,333
              

 

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DivX, Inc.

UNAUDITED RECONCILIATION OF NON-GAAP ADJUSTMENTS

(in thousands, except per share data)

 

     Three Months Ended March 31,  
     2009     2008  

Net Income:

    

GAAP net income (loss)

   $ (1,432 )   $ 2,481  

Share-based compensation

     2,199       2,007  

Stage6 operating costs and related accruals

     —         3,333  

Impairment of acquired intangibles

     —         1,000  

Amortization of purchased intangible assets

     511       527  

Fx impact on intercompany loan

     313       (465 )

Valuation allowance on deferred tax assets

     756       —    

Income tax effects of pre-tax adjustments

     (1,193 )     (2,652 )
                

Non-GAAP net income

   $ 1,154     $ 6,231  
                

Diluted earnings per share:

    

GAAP diluted earnings (loss) per share

   $ (0.04 )   $ 0.07  

Share-based compensation

     0.07       0.06  

Stage6 operating costs and related accruals

     —         0.09  

Impairment of acquired intangibles

     —         0.03  

Amortization of purchased intangible assets

     0.02       0.01  

Fx impact on intercompany loan

     0.01       (0.01 )

Valuation allowance on deferred tax assets

     0.02       —    

Income tax effects of pre-tax adjustments

     (0.04 )     (0.08 )
                

Non-GAAP diluted earnings per share

   $ 0.04     $ 0.18  
                

Non-GAAP shares used to compute diluted net earnings (loss) per share

     32,818       35,356  
                

 

The following table sets forth the computation of Non- GAAP basic and diluted net earnings per share:

 

 

 

Numerator:

    

Net income

   $ 1,154     $ 6,231  

Denominator:

    

Weighted-average common shares outstanding (basic)

     32,476       34,696  
                

Weighted-average common shares outstanding (diluted)

     32,818       35,356  
                

Basic net earnings per share

   $ 0.04     $ 0.18  
                

Diluted net earnings per share

   $ 0.04     $ 0.18  
                

 

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DivX, Inc.

CONSOLIDATED CONDENSED STATEMENTS OF CASH FLOW

(in thousands)

(unaudited)

 

     Three Months Ended March 31,  
     2009     2008  

Net cash provided by operating activities

   $ 2,532     $ 4,070  

Net cash (used in) provided by investing activities

     (24,800 )     14,252  

Net cash provided by (used in) financing activities

     456       (9,818 )

Effect of exchange rate changes on cash

     (108 )     46  
                

Net (decrease) increase in cash and cash equivalents

     (21,920 )     8,550  

Cash and cash equivalents at beginning of period

     43,442       14,532  
                

Cash and cash equivalents at end of period

   $ 21,522     $ 23,082  
                

 

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