-----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, NDhCmpB31fcb94wBopC16BqtDsW+JQcD97wr0HekgUEeQk1IztUxORsD429JlxGL aRos7xMfbBQuwJu9VsqigA== 0001157523-08-006144.txt : 20080731 0001157523-08-006144.hdr.sgml : 20080731 20080731075016 ACCESSION NUMBER: 0001157523-08-006144 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20080731 ITEM INFORMATION: Results of Operations and Financial Condition ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20080731 DATE AS OF CHANGE: 20080731 FILER: COMPANY DATA: COMPANY CONFORMED NAME: K SWISS INC CENTRAL INDEX KEY: 0000862480 STANDARD INDUSTRIAL CLASSIFICATION: FOOTWEAR, (NO RUBBER) [3140] IRS NUMBER: 954265988 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-18490 FILM NUMBER: 08980433 BUSINESS ADDRESS: STREET 1: 31248 OAK CREST DRIVE CITY: WESTLAKE VILLAGE STATE: CA ZIP: 91361 BUSINESS PHONE: 8187065100 MAIL ADDRESS: STREET 1: 31248 OAK CREST DR CITY: WESTLAKE VILLAGE STATE: CA ZIP: 91361 8-K 1 a5744377.htm K-SWISS 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)  July 31, 2008

K-SWISS INC.
(Exact name of registrant as specified in its charter)

Delaware

0-18490

95-4265988

(State or other jurisdiction of
incorporation or organization)

(Commission

File Number)

(I.R.S. Employer

Identification No.)

31248 Oak Crest Drive, Westlake Village, CA

91361

(Address of principal executive offices)

(Zip Code)
818-706-5100
(Registrant’s telephone number, including area code)

N/A

(Former name, former address and former fiscal year, 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.

On July 31, 2008, K-Swiss Inc. (the “Company”) issued a press release announcing its results of operations and financial condition for the three and six months ended June 30, 2008.  A copy of the Company’s press release is attached as Exhibit 99.1 to this report and is incorporated herein by this reference.

The information in this Current Report on Form 8-K, including Exhibit 99.1 hereto, is being furnished under Item 2.02 “Results of Operations and Financial Condition.”  Such information shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, (the “Exchange Act”) or otherwise subject to the liabilities of that Section, and shall not be deemed incorporated by reference in any filing, registration statement or other document filed under the Exchange Act or the Securities Act of 1933, as amended, except as shall be expressly set forth by specific reference in such filing.

Item 9.01.     Financial Statements and Exhibits.

(d)

Exhibits.

 

 

Exhibit Number

Description of Exhibit

99.1 Press release issued July 31, 2008.

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 thereunto duly authorized.

K-Swiss Inc.

 

Date:

July 31, 2008

By:

/s/ GEORGE POWLICK

George Powlick,

Vice President Finance, Chief Operating
Officer, Chief Financial Officer and
Director

3

EXHIBIT INDEX

Exhibit

Description

 
99.1

Press Release issued July 31, 2008.

4

EX-99.1 2 a5744377-ex991.htm EXHIBIT 99.1

Exhibit 99.1

KSwiss Inc. Reports Second Quarter Results

WESTLAKE VILLAGE, Calif.--(BUSINESS WIRE)--K•Swiss Inc. (NASDAQ: KSWS) today announced results for the second quarter ended June 30, 2008.

Financial Highlights

Net earnings and net earnings per diluted share for the second quarter of 2008 were $26,423,000, or $0.75 per diluted share, compared with $7,659,000, or $0.22 per diluted share, in the prior-year period. Net earnings and net earnings per diluted share for the six months ended June 30, 2008, were $33,533,000, or $0.95 per diluted share, compared with $25,656,000, or $0.72 per diluted share, in the six months ended June 30, 2007. Earnings for both periods in 2008 included a pre-tax gain of $30,000,000, or $0.52 per diluted share (after tax), related to the settlement of litigation.

For the second quarter of 2008, total worldwide revenues decreased 16.9% to $85,155,000 compared with $102,451,000 in the prior-year period. Domestic revenues decreased 32.7% to $36,132,000 in the second quarter, and international revenues increased 0.5% to $49,023,000. Total worldwide revenues for the first six months of 2008 decreased 16.4% to $188,064,000 compared with $225,019,000 in the first six months of 2007. Domestic revenues decreased 33.2% to $77,571,000 in the first half of 2008, while international revenues increased 1.4% to $110,493,000.

Futures Orders

Worldwide futures orders with start ship dates from July through December were $104,178,000, at June 30, 2008, compared with $154,131,000 at June 30, 2007. Domestic futures orders decreased 50.7% to $38,054,000 at June 30, 2008, from $77,194,000 the previous year. International futures orders decreased 14.1% to $66,124,000 at June 30, 2008, from $76,937,000 the previous year.

Stock Repurchase Program

The Company purchased no shares of Class A Common Stock during the second quarter of 2008. At June 30, 2008, there remains authorization to repurchase 3,911,289 shares under the Company's existing stock repurchase program. Since August 1996, K•Swiss has purchased a total of 25.5 million shares of Class A Common Stock for a total expenditure of $166.8 million.

Earnings Guidance

K•Swiss also issued guidance for the third quarter of 2008 and full-year 2008. The Company expects revenues for the third quarter of 2008 to be approximately $65 to $80 million and earnings per diluted share to be in the range of $0.00 to a loss of $0.15. The Company expects full-year revenues to be approximately $300 to $320 million and expects to report full-year earnings per diluted share of approximately $0.50 to $0.65.


The Company's estimates for the third quarter of 2008 and full-year 2008 reflect a significant decline in domestic revenues; substantial investments in product development and marketing for the K•Swiss brand; slow down of international operations; and continued investment in the Royal Elastics brand. The estimates are based upon the following assumptions: gross margins will be approximately 45.0%; SG&A will not rise above $38 million for the third quarter of 2008 and $150 million for the full-year 2008; customer order cancellations will be moderate; and the Company's growth initiatives with respect to Royal Elastics will not exceed a net loss of $0.09 per share for the full year.

Steven Nichols, Chairman of the Board and President, stated, "As guided, domestic and international operations in the second quarter continued to reflect the long lead time required to establish positive trends from our branding efforts. While we are hopeful in the future payoff from our ongoing brand investments, we are increasingly less optimistic about the likelihood of a favorable retail climate in the near term. Fortunately, we continue to be blessed with a strong balance sheet – recently bolstered by a litigation settlement – to execute a long-term focused plan."

Investor Conference Call and Web Simulcast

K•Swiss will conduct a conference call on its second quarter 2008 earnings release at 11:00 a.m. ET on July 31, 2008. The number to call for this interactive teleconference is (303) 262-2130. A replay of this conference call will be available until August 8, 2008, by dialing (303) 590-3000 and entering the passcode, 11110984#.

The Company will also provide an online Web simulcast and rebroadcast of this conference call. The live broadcast of K•Swiss' quarterly conference call will be available online at www.streetevents.com and www.earnings.com today, beginning at 11:00 a.m. ET. The online replay will follow shortly after the call and continue through August 8, 2008.

K•Swiss Inc. designs, develops and markets an array of athletic footwear for high performance sports use, fitness activities and casual wear under the K•Swiss and Royal Elastics brands. The Company also owns a controlling interest in French fashion footwear maker Palladium SAS.

Certain matters discussed in this press release are subject to certain risks and uncertainties that could cause actual results to differ materially, including, but not limited to: non-achievement of the assumptions discussed herein, general and regional economic conditions, industry trends, merchandise trends, including market acceptance of the Company's product offerings, customer demand, competition, the impact of terrorism and/or a potential global conflict on the worldwide economy, dependence on large customers and credit concentrations and order cancellations and reduced sales resulting from a slower worldwide economy. A complete description of these factors, as well as others which could affect the Company's business, is set forth in the Company's periodic filings, including its Form 10-Q for the quarter ended June 30, 2008, which is currently on file with the SEC. "Backlog" as of any date, represents orders scheduled to be shipped within the next six months. Backlog does not include orders scheduled to be shipped on or prior to the date of determination of backlog. The mix of "futures" and "at-once" orders can vary significantly from quarter to quarter and year to year and, therefore, "futures" are not necessarily indicative of revenues for subsequent periods.


 

K-Swiss Inc. Consolidated Statements of Earnings

(In thousands, except earnings per share data)
 
 

Three Months Ended

 

Six Months Ended

June 30,

June 30,

(Unaudited) (Unaudited)

2008

 

2007

2008

 

2007

Revenues

$

85,155

$ 102,451

$

188,064

$ 225,019
Cost of goods sold  

48,532

  57,529  

103,468

  122,549
Gross profit

36,623

44,922

84,596

102,470
Selling, general and administrative expenses  

35,358

  36,374  

77,981

  73,251
Operating profit

1,265

8,548

6,615

29,219
Other income

30,000

---

30,000

---
Interest income, net  

1,552

  2,363  

3,487

  4,574
Earnings before income taxes

32,817

10,911

40,102

33,793
Income tax expense  

6,394

  3,252  

6,569

  8,137
Net earnings

$

26,423

$ 7,659

$

33,533

$ 25,656
Basic earnings per share

$

0.76

$ 0.22

$

0.97

$ 0.74
Diluted earnings per share

$

0.75

$ 0.22

$

0.95

$ 0.72
Weighted average number of shares outstanding
Basic

34,727

34,693

34,729

34,658
Diluted

35,271

35,495

35,291

35,494
 
 

K-Swiss Inc. Condensed Balance Sheets

(In thousands)
 

June 30,

2008

2007

 

(Unaudited)

ASSETS

CURRENT ASSETS
Cash and cash equivalents

$

295,506

$

272,199
Accounts receivable, net

52,274

56,318
Inventories

63,811

60,917
Prepaid expenses and other

7,428

6,431
Deferred taxes  

5,067

  4,412
Total current assets

424,086

400,277
PROPERTY, PLANT AND EQUIPMENT, NET

24,742

23,528
OTHER ASSETS
Intangible assets

10,715

4,700
Deferred taxes

2,977

3,400
Other  

8,922

  8,127
 

22,614

  16,227

$

471,442

$ 440,032
 
LIABILITIES AND STOCKHOLDERS' EQUITY
CURRENT LIABILITIES
Bank lines of credit

$

---

$ ---
Trade accounts payable

18,072

19,454
Accrued liabilities  

23,300

  38,737
Total current liabilities

41,372

58,191
OTHER LIABILITIES

12,081

11,577
STOCKHOLDERS' EQUITY  

417,989

  370,264

$

471,442

$ 440,032

CONTACT:
K•Swiss Inc.
George Powlick, 818-706-5100
Chief Financial Officer

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