-----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, RBM/HxKbGlqzYdbal0FkUXsPU+9yBXdeRdwsUiywNxIa3vraeTV4Y4K32ELbdZU2 aRoWARYph09I6gWo9DdT5Q== 0001157523-10-000594.txt : 20100203 0001157523-10-000594.hdr.sgml : 20100203 20100203160119 ACCESSION NUMBER: 0001157523-10-000594 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20100203 ITEM INFORMATION: Results of Operations and Financial Condition ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20100203 DATE AS OF CHANGE: 20100203 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: 10570676 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 a6166647.htm DOUBLE-TAKE SOFTWARE, 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)

February 3, 2010

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

(Address of principal executive offices)

(Zip Code)
Registrant’s telephone number, including area code 877-335-5674

 

(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 (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

A copy of the press release is attached hereto as Exhibit 99.1 and is incorporated herein by reference.

Item 9.01           Financial Statements and Exhibits.

(d)          Exhibits

99.1                Press Release issued by Double-Take Software, Inc. dated February 3, 2010 titled “Double-Take Software, Inc. Announces Fourth Quarter and Year End 2009 Financial Results


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:

2/3/2010

 

/s/ Craig Huke

Vice President and Chief Financial Officer

EX-99.1 2 a6166647ex99_1.htm EXHIBIT 99.1

Exhibit 99.1

Double-Take Software, Inc. Announces Fourth Quarter and Year End 2009 Financial Results

Company Reports Solid Earnings and Strong Cash Flow

Company Announces Stock Repurchase Program

SOUTHBOROUGH, Mass.--(BUSINESS WIRE)--February 3, 2010--Double-Take Software, Inc. (NASDAQ: DBTK), a leading provider of recovery solutions, today announced its financial results for the fourth quarter and year ended December 31, 2009.

“We were pleased with both our earnings and cash flow for the quarter and the year. Despite the market pressure on our license sales, particularly in the SMB and financial markets, our operating margins were robust. In several areas, we saw growth including the Federal sector, the Asia Pacific region, and our Double-Take Back-Up product line. Additionally, we introduced Double-Take Move, which won the Best of Tech Ed Award at Microsoft’s Tech Ed conference and a new Double-Take Back-Up has been nominated for product of the year award by SearchStorage,” said Dean Goodermote, Chairman and CEO of Double-Take Software, Inc.

Total revenue for the fourth quarter of 2009 decreased 8.7% to $22.8 million from $25.0 million in the fourth quarter of 2008. Software revenue decreased 16.6% to $11.7 million in the fourth quarter of 2009 from $14.1 million in the fourth quarter of 2008. Maintenance and professional services revenue increased 1.5% to $11.0 million in the fourth quarter of 2009 from $10.9 million in the fourth quarter of 2008. On a constant currency basis, total revenue in the fourth quarter of 2009 declined by 10.6%, software revenue declined by 18.2% and maintenance and professional services revenue decreased by 0.8% compared to the fourth quarter of 2008.

Income from operations was $4.0 million in the fourth quarter of 2009 compared to $5.3 million in the fourth quarter of 2008.

The Company recorded a net income tax benefit of $6.5 million in the fourth quarter of 2009 compared to a benefit of $5.1 million in the fourth quarter of 2008. In the fourth quarter of 2009, the Company completed its ongoing analysis of its tax obligations and the utilization of its net operating loss carryforwards. As a result of this analysis, the Company recorded a net tax benefit of approximately $8.7 million which increased diluted EPS by $0.37 per share. The net tax benefit was primarily related to reversals of valuation allowances on deferred tax assets. The combination of income taxes on income for the fourth quarter of 2009 of $2.2 million and the net tax benefits of $8.7 million recorded in the quarter resulted in the net income tax benefit of $6.5 million. In the fourth quarter of 2008, the Company reversed the valuation allowance on approximately $7.4 million of deferred tax assets which increased diluted EPS by $0.31 per share. Taxes on income generated in the fourth quarter of 2008 were approximately $2.3 million which resulted in a net income tax benefit in the quarter of $5.1 million.

Net income, including the benefit from the income tax items described above, totaled $10.6 million, or $0.45 per diluted share in the fourth quarter of 2009 compared with $10.2 million, or $0.44 per diluted share, in the fourth quarter of 2008.

Income from operations on an adjusted, non-GAAP basis in the fourth quarter of 2009 was $5.1 million compared with $6.3 million in the fourth quarter of 2008. Adjusted, non-GAAP net income in the fourth quarter of 2009 was $11.7 million, or $0.50 per diluted share, including the $0.37 per share fourth quarter benefit related to income taxes. This compares with $11.2 million, or $0.48 per diluted share, including $0.31 per share from tax related items, in the fourth quarter of 2008.

The Company calculates these adjusted non-GAAP income measures stated above and for the full year as stated below by excluding the effects in the respective periods of the non-cash stock based compensation. An explanation of these adjusted, non-GAAP financial measures and a reconciliation of these measures to GAAP results are provided in the tables included in this press release, and these measures should only be viewed together with the reconciliation and the further explanation given under “Non-GAAP Financial Measures” below.


Cash generated from operations was $7.3 million in the fourth quarter of 2009. Cash and short term investments at December 31, 2009 totaled $96.2 million, an increase of approximately $6.8 million from September 30, 2009.

For the full year, total revenue decreased 13.6% to $83.2 million for the year ended December 31, 2009, from $96.3 million for the year ended December 31, 2008. Software revenue for the full year decreased 24.2% to $40.1 million for the year ended December 31, 2009, from $52.9 million for the year ended December 31, 2008. Maintenance and professional services revenue decreased 0.6% to $43.1 million for the year ended December 31, 2009, from $43.4 million for the year ended December 31, 2008.

Income from operations was $10.2 million for the year ended December 31, 2009 compared to $17.6 million for the year ended December 31, 2008.

The Company recorded an income tax benefit of $3.1 million for the year ended December 31, 2009 compared to an income tax expense of $0.7 million for the year ended December 31, 2008. Tax expense for each year has been reduced due to the reversal of the valuation allowance on certain deferred tax assets and other year end tax items which impacted income tax expense. The net benefit of these items was approximately $8.7 million or $0.37 per diluted share for the year ended December 31, 2009 and approximately $7.4 million or $0.32 per share for the year ended December 31, 2008.

Net income, which includes the effect of the income tax items discussed above, totaled $13.5 million, or $0.58 per diluted share for the year ended December 31, 2009 compared with $17.6 million, or $0.76 per diluted share, in the same period in 2008.

Income from operations on an adjusted, non-GAAP basis for the year ended December 31, 2009 was $14.6 million compared with $21.5 million for the year ended December 31, 2008. Adjusted, non-GAAP net income, including the effect of the income tax items of $0.37 per share for 2009 and $0.32 per share for 2008 was $17.9 million or $0.77 per diluted share for the year ended December 31, 2009, compared with $21.6 million, or $0.93 per diluted share, for the year ended December 31, 2008. As noted above in each case these non-GAAP financial measures exclude the effects in the respective periods of the non-cash stock based compensation.

Stock Repurchase Program

Double-Take Software, Inc. also announced today that the Company's Board of Directors has approved the repurchase of up to an aggregate of $15 million of the Company's common stock. The Company may repurchase Double-Take Software, Inc. common stock in the open market at prevailing market prices or in privately negotiated transactions from time to time based upon market and business conditions. Repurchases may also be made through a trading plan under SEC Rule 10b5-1. The stock repurchase program may be suspended or discontinued at any time, and will be funded using the Company's available cash.

2010 Financial Guidance

The Company is providing guidance for the first quarter and full year 2010 as follows: Revenue for the first quarter of 2010 is expected to be in the range of $20.0 to $21.2 million and $90.0 to $95.0 million for the full year.

Guidance for adjusted non-GAAP operating income for the first quarter is $0.6 to $1.5 million and $11.0 to $14.7 million for the full year 2010. Non-GAAP net income per share for the first quarter is expected to be in the range of $0.02 to $0.04 and $0.29 to $0.39 for full year excluding the impact of stock-based compensation charges, and assuming a 38% effective income tax rate. Weighted average diluted shares using the treasury method are expected to be approximately 23.6 million for the first quarter and 23.8 million for the full year 2010, excluding the effect of any shares that may be repurchased under the share repurchase plan which can’t be estimated.

“We are enthusiastic about the potential to expand into additional markets in 2010 and 2011. We believe that our target markets have stabilized, and that now is the right time to invest more heavily in some of our new products, such as our Cloud Computing initiatives, and geographically in Asia and Latin America,” stated Goodermote.

See “Non-GAAP Financial Measures” and “Important Note to Investors” below.


Non-GAAP Financial Measures

Double-Take Software, Inc. has provided in this press release adjusted financial information that has not been prepared in accordance with generally accepted accounting principles, or GAAP. These non-GAAP financial measures are identified above as “adjusted, non-GAAP” measures. Double-Take Software, Inc. uses these non-GAAP financial measures internally in analyzing its financial results and believes they are useful to investors, as a supplement to, but not as a substitute for, GAAP measures, in evaluating the Company’s operational performance. Double-Take Software, Inc. believes that the use of these non-GAAP financial measures provides an additional tool for investors to use in evaluating operating results and trends, and in comparing its financial results with other companies in Double-Take Software, Inc.’s industry, many of which present similar non-GAAP financial measures to investors. The historical non-GAAP financial measures presented above exclude the following item required to be included by GAAP: non-cash stock-based compensation charges. The Company’s expectations for adjusted, non-GAAP income and income per share for the first quarter of 2010 and full year 2010 exclude the impact of stock-based compensation charges, the amount and significance of which, because of the information and assumptions underlying those charges, cannot readily be determined at this time.

Non-GAAP financial measures should not be considered in isolation from, or as a substitute for, financial information prepared in accordance with GAAP. Investors are encouraged to review the reconciliation of these non-GAAP measures to their most directly comparable GAAP financial measures. A reconciliation of historic non-GAAP financial measures presented above to GAAP results has been provided in the financial statement tables included in this press release.

Conference Call Information

Double-Take Software, Inc. will discuss these financial results in a conference call at 4:30 p.m. EST, today. The public is invited to listen to a live web cast of Double-Take Software, Inc.’s conference call on the Investor Relations section of the company website at www.doubletake.com. For those who are unable to participate in the live conference call, an audio replay will be available until February 8, 2010 at 7:30 p.m. EST. To access the audio replay, dial 888-203-1112 or 719-457-0820 and enter access code 6210413. A web cast replay of the call will be available on the Investor Relations section at www.doubletake.com approximately two hours after the conclusion of the call and will remain available for approximately three months.

About Double-Take® Software

Headquartered in Southborough, Massachusetts, Double-Take® Software (Nasdaq: DBTK) is a leading provider of affordable workload optimization products that are simple to use and enable IT managers to easily move, protect, recover and more flexibly run critical IT workloads in physical and virtual environments, regardless of platform or location. With its unparalleled partner programs, technical support, and professional services, Double-Take Software is the solution of choice for about 22,000 customers worldwide, from SMEs to the Fortune 500. Information about Double-Take Software’s products and services can be found at www.doubletake.com.

Important Note to Investors

This release includes forward-looking statements intended to qualify for the safe harbor from liability established by the Private Securities Litigation Reform Act of 1995. These forward-looking statements generally can be identified by phrases that say Double-Take or its management "believes," "expects," "anticipates," "foresees," "forecasts," "estimates" or other words or phrases of similar import. Similarly, statements in this release that describe the Company's business strategy, outlook, objectives, plans, intentions or goals also are forward-looking statements. All forward-looking statements are inherently speculative, and are subject to risks and uncertainties that could cause actual results to differ materially from those anticipated in forward-looking statements. These risks and uncertainties include those set forth from time to time in our filings with the Securities and Exchange Commission. We are under no obligation, and do not undertake any duty, to update these forward looking statements at any time.


 
 
Double-Take Software, Inc.
Condensed Consolidated Balance Sheets
(in thousands)
(Unaudited)
    Dec 31,         Dec 31,

2009

2008

ASSETS
 
Current assets:
Cash and cash equivalents $57,974 $40,659
Short term investments 38,246 32,524
Accounts receivable, net 16,676 19,593
Prepaid expenses and other current assets 1,153 6,012
Deferred tax assets 5,565         5,438

Total current assets

119,614 104,226
 
Property and equipment, net 3,074 4,236
Intangibles, net 4,898 5,963
Goodwill 18,099 16,267
Other assets 786 739
Long-term deferred tax assets 5,460         -
Total assets $151,931         $131,431
 
LIABILITIES AND STOCKHOLDERS' EQUITY
 
Current liabilities:
Accounts payable and accrued expenses 6,348 6,422
Other liabilities 665 390
Deferred revenue 25,977         26,469
Total current liabilities 32,990 33,281
 
Long-term deferred revenue, less current portion 4,726 4,614
Other long-term liabilities 144 126
 
Stockholders' equity 114,071 93,410
           
Total liabilities and stockholders' equity $151,931         $131,431
 
 

Note: Certain reclassifications have been made to prior year amounts to
conform to current period classifications.


 
 
Double-Take Software, Inc.
Consolidated Income Statements
(In thousands, except per share data)
(Unaudited)
                   
 
Three Months Ended Twelve Months Ended
Dec. 31, Dec. 31,

2009

2008

2009

2008

Revenue:
Software licenses $11,729 $14,068 $40,100 $52,923
Maintenance and professional services 11,048     10,888 43,137     43,380
Total revenue 22,777 24,956 83,237 96,303
 
Cost of revenue:
Software licenses 117 192 462 589
Maintenance and professional services 2,190     2,424 8,445     9,622
Total cost of revenue 2,307 2,616 8,907 10,211
               
Gross profit 20,470 22,340 74,330 86,092
 
Operating expenses:
Sales and marketing 8,705 8,635 32,371 34,928
Research and development 3,732 4,061 15,275 16,540
General and administrative 3,087 3,374 12,547 13,419
Depreciation and amortization 979     996 3,986     3,638
Total operating expenses 16,503 17,066 64,179 68,525
               
Income from operations 3,967 5,274 10,151 17,567
 
Other income (expense), net 76 (185) 181 802
               
Income before income taxes 4,043 5,089 10,332 18,369
 
Income tax expense (benefit) (6,533) (5,127) (3,127) 724
               
Net income 10,576     10,216 13,459     17,645
 
 
Net income per share:
Basic $0.47     $0.46 $0.60     $0.80
Diluted $0.45     $0.44 $0.58     $0.76
 
Weighted-average number of shares used in per share amounts:
Basic 22,405     22,003 22,325     21,971
Diluted 23,396     23,224 23,284     23,173

         
 
Double-Take Software, Inc.
Consolidated Statements of Cash Flows
(In thousands)
(Unaudited)
 
Twelve months ended
Dec. 31,

2009

2008

 
Cash flows from operating activities:
Net Income $13,459 $17,645

Adjustments to reconcile net income to net cash provided
 by operating activities:

Depreciation 2,408 2,348
Amortization of intangible assets 1,578 1,290
Provision for (recovery of) doubtful accounts (100 ) (174 )
Stock based compensation 4,429 3,948
Deferred income taxes (5,587 ) 451
Excess tax benefits from stock based compensation (76 ) (163 )
 
Changes in:
Accounts receivable 3,134 (1,413 )
Prepaid expenses and other assets 4,934 (1,258 )
Other assets (14 ) (579 )
Accounts payable and accrued expenses (259 ) (3,113 )
Other liabilities 333 (324 )
Deferred revenue (653 )       2,849  
Net cash provided by operating activities $ 23,586 $ 21,507
 
Cash flows from investing activities:
Purchase of property and equipment (1,186 ) (2,458 )
Purchase of short term investments (73,493 ) (67,226 )
Sales and maturities of short term investments 67,855 73,492
Acquisitions, net of cash acquired -         (10,275 )
Net cash (used in) investing activities $ (6,824 ) $ (6,467 )
 
Cash flows from financing activities:
Proceeds from exercise of stock options 122 114
Excess tax benefits from stock based compensation 76 163
Payments on capital lease obligation (25 )       (44 )
Net cash provided by financing activities $ 173 $ 233
 
Effect of exchange rate changes on cash and cash equivalents 380 (362 )
Net increase in cash and cash equivalents 16,935 15,273
Cash and cash equivalents - beginning of period 40,659         25,748  
Cash and cash equivalents - end of period $ 57,974         $ 40,659  
 
 

Note: Certain reclassifications have been made to prior year amounts to conform
to current period classifications.


 
 
Double-Take Software, Inc.
Reconciliation of GAAP to Non-GAAP Financial Measures
(In thousands, except per share data)
(Unaudited)
               
Three Months Ended Twelve Months Ended
Dec. 31, Dec. 31,

2009

2008

2009

2008

 
Non-GAAP financial measures and reconciliation:
 
GAAP income from operations $ 3,967 $ 5,274 $ 10,151 $ 17,567
Add: noncash stock based compensation (1) 1,099     989 4,429     3,948
Non-GAAP income from operations $ 5,066     $ 6,263 $ 14,580     $ 21,515
 
 
GAAP net income $ 10,576 $ 10,216 $ 13,459 $ 17,645
Add: noncash stock based compensation (1) 1,099     989 4,429     3,948
Non-GAAP net income $ 11,675     $ 11,205 $ 17,888     $ 21,593
 
Non-GAAP income per share:
Basic $0.52     $0.51 $0.80     $0.98
Diluted $0.50     $0.48 $0.77     $0.93
 
Weighted-average number of shares used in per share amounts:
 
Basic 22,405     22,003 22,325     21,971
 
GAAP diluted shares outstanding 23,396 23,224 23,284 23,173
Add: effect of excluding stock based compensation 40     169 53     102
Non-GAAP diluted shares outstanding 23,436     23,393 23,337     23,275
 
 

Footnotes to Adjustments

 
(1) Represents noncash stock based compensation charges as follows:
Three Months Ended Twelve Months Ended
Dec. 31, Dec. 31,

2009

2008

2009

2008

Stock option expense by line item:
Cost of maintenance and professional services $109 $93 $421 $369
Sales and marketing 242 210 974 827
Research and development 305 281 1,216 1,066
General and administrative 443     405 1,818     1,686
$1,099     $989 $4,429     $3,948

CONTACT:
Double-Take Software, Inc.
S. Craig Huke, 317-572-1857
Chief Financial Officer
investor@doubletake.com
or
Sapphire Investor Relations, LLC
Erica Mannion, 212-766-1800
Investor Relations
investor@doubletake.com

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