-----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, LwU+13RgdIPM7ow6clfppDgEKUlH1dnXy1v/mA/OgqHX4SKoKMK/iuO9AK2MXwWO wyxfhSsj3eR7+oH5Lfbvcw== 0000950133-07-004725.txt : 20071126 0000950133-07-004725.hdr.sgml : 20071126 20071126165544 ACCESSION NUMBER: 0000950133-07-004725 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20071126 ITEM INFORMATION: Results of Operations and Financial Condition ITEM INFORMATION: Regulation FD Disclosure FILED AS OF DATE: 20071126 DATE AS OF CHANGE: 20071126 FILER: COMPANY DATA: COMPANY CONFORMED NAME: Double-Take Software, Inc. CENTRAL INDEX KEY: 0001370314 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-PREPACKAGED SOFTWARE [7372] IRS NUMBER: 200230046 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-33184 FILM NUMBER: 071266864 BUSINESS ADDRESS: STREET 1: 257 TURNPIKE ROAD, SUITE 210 CITY: SOUTHBOROUGH STATE: MA ZIP: 01772 BUSINESS PHONE: 508-229-8810 MAIL ADDRESS: STREET 1: 257 TURNPIKE ROAD, SUITE 210 CITY: SOUTHBOROUGH STATE: MA ZIP: 01772 8-K 1 w43194e8vk.htm FORM 8-K e8vk
 

 
 
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
November 26, 2007
(Date of earliest event reported)
Double-Take Software, Inc.
 
(Exact Name of Registrant as Specified in its Charter)
         
DELAWARE   001-33184   20-0230046
         
(State or other jurisdiction
of Incorporation) 		  (Commission
File Number) 		  (I.R.S. Employer
Identification No.)
         
257 TURNPIKE ROAD, SUITE 210
SOUTHBOROUGH, MASSACHUSETTS 		  01772   877-335-5674
         
(Address of principal executive offices)   (Zip
Code) 		  (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:
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))
 
 

 

 

INFORMATION TO BE INCLUDED IN THE REPORT
Section 2 — Financial Information
Item 2.02 Results of Operations and Financial Condition.
The information furnished under Item 7.01 of this report is incorporated in this Item 2.02 by reference.
Section 7 — Regulation FD
Item 7.01 Regulation FD Disclosure
In the conference call following the announcement by Double-Take Software, Inc. (the “Company”) of its third quarter 2007 earnings, we said that we had become uncomfortable with our method of reporting the percentage of license sales to new versus existing customers. We had previously reported this information for the four quarters of 2006 and the first two quarters of 2007, both in presentations to investors and analysts and in SEC filings. We said that we would examine the method and would report at a later time the third quarter percentage and any corrections to previously reported amounts, as appropriate. We have completed this analysis and are presenting below the revised percentages as recalculated. These percentages are not presented in, and are not a part of, our financial statements for any period and the recalculations have no impact on our financial statements as previously reported. As the chart below indicates, license sales to existing customers remains significant, generally more than a third of all license sales in any period, but it is not a majority of our license sales as previously reported. The table below shows our current estimates based on the recalculation and the previously reported percentages. All amounts are approximations:
                             
    2006   2007
    Q1   Q2   Q3   Q4   Q1   Q2   Q3
Previously Reported
   41%   40%   56%   56%   57%   58%     —
As Recalculated
   47%   39%   34%   35%   36%   37%   38%
Previously reported amounts differ from the recalculated estimates primarily for the following reasons:
  •   Sales by our EMEA subsidiary, which was previously our EMEA distributor and which we acquired in May of 2006, to its resellers and distributors were previously reported as “new” or “existing” based on the status of the reseller or distributor rather than based on sales to end users. The current estimates as recalculated take into account only end users for EMEA license sales.
 
  •   Because we do not generally know the end users for our OEM’s, we previously reported OEM license sales as “existing.” We have eliminated OEM license sales from the current estimates as recalculated.
 
  •   We generally do not know the end users for stocking orders received from distributors during a quarter prior to the time that we report our quarterly results. Therefore, we previously estimated and reported all stocking orders as “existing”. The current estimates as recalculated place all stocking orders in the “new” or “existing” categories based on the end user destination of those stocks.

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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.
         
  Double-Take Software, Inc.
 		  
Date: November 26, 2007  By:   /s/ S. CRAIG HUKE    
    S. Craig Huke   
    Vice President and Chief Financial Officer   
 

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