-----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, NcvdcvGCifsCPjcIvObiPyK8xQWGdllpbfUBPMmjlYAPPV7S3L/dqbZ6REtXk0kc MZ1r5kkDKL2TtOl5TYCx0w== 0001157523-09-003556.txt : 20090507 0001157523-09-003556.hdr.sgml : 20090507 20090507075206 ACCESSION NUMBER: 0001157523-09-003556 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20090507 ITEM INFORMATION: Results of Operations and Financial Condition ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20090507 DATE AS OF CHANGE: 20090507 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: 09803491 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 a5958731.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)  May 7, 2009

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 May 7, 2009, K-Swiss Inc. (the “Company”) issued a press release announcing its results of operations and financial condition for the three months ended March 31, 2009.  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 May 7, 2009.


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:

May 7, 2009

 

By: /s/ GEORGE POWLICK

George Powlick,

Vice President Finance, Chief
Administrative Officer, Chief Financial
Officer, Secretary and Director


EXHIBIT INDEX

Exhibit

Description
 
99.1

Press Release issued May 7, 2009.

EX-99.1 2 a5958731ex99-1.htm EXHIBIT 99.1

Exhibit 99.1

K•Swiss Reports First Quarter Results

WESTLAKE VILLAGE, Calif.--(BUSINESS WIRE)--May 7, 2009--K•Swiss Inc. (NASDAQ: KSWS) today announced results for the first quarter ended March 31, 2009. The sale of Royal Elastics on April 30, 2009, is being accounted for as a discontinued operation in the Company’s financial results and excluded from futures orders data for the current and prior-year periods.

Financial Highlights

Net loss for the first quarter of 2009 was $1,093,000, or $0.03 per diluted share, compared with net earnings of $7,110,000, or $0.20 per diluted share, in the prior-year period.

For the first quarter of 2009, total worldwide revenues decreased 24.8% to $74,044,000 compared with $98,401,000 in the prior-year period. Domestic revenues decreased 25.4% to $30,375,000 in the first quarter, and international revenues decreased 24.3% to $43,669,000.

Futures Orders

Worldwide futures orders with start ship dates from April through September 2009 were $73,713,000 at March 31, 2009, compared with $125,608,000 at March 31, 2008. Domestic futures orders decreased 39.0% to $28,340,000 at March 31, 2009, from $46,429,000 the previous year. International futures orders decreased 42.7% to $45,373,000 at March 31, 2009, from $79,179,000 the previous year.

Palladium

For the quarter ended March 31, 2009, Palladium brand net sales were $7,351,000 with a net loss of $58,000. Futures orders with start ship dates from April through September 2009 were $9,635,000 at March 31, 2009. Revenues, financial results and futures orders for Palladium are included in the consolidated results above for the first quarter of 2009.

Sale of Royal Elastics

On April 30, 2009, the Company completed the sale of Royal Elastics, the Company’s laceless fashion footwear brand. The sale is expected to result in a gain of approximately $1.4 million, or $0.04 per diluted share, in the second quarter of 2009.


Earnings Guidance

The Company’s guidance from February 2009 has been amended. Currently, the Company expects full-year revenues to be approximately $200 million to $230 million and expects to report a full-year loss per diluted share of approximately $0.60 to $0.90. Full-year SG&A expenses are currently projected to be approximately $125 million, but are expected to fluctuate based on strategic decisions made during the year as well as general trends in the retail marketplace.

Steven Nichols, Chairman of the Board and President, stated, "We expected a tough start to the year in terms of sales and earnings results. We definitely got one. Our focus remains on producing better results, but as indicated by our deteriorating guidance, we’re not expecting that turnaround to occur until after 2009. The global marketing and product initiatives we have underway in Classic, Tennis, and Running, are intended to build a stronger brand for the long term. We have more brand recognition and design developments underway than at any point in recent history. We will work to build on these initiatives during the year."

Investor Conference Call and Web Simulcast

K•Swiss will conduct a conference call on its first quarter 2009 results today, at 11:00 a.m. ET. The number to call for this interactive teleconference is (303) 262-2138. A replay of this conference call will be available until May 14, 2009, by dialing (303) 590-3000 and entering the passcode, 11128639#.

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 May 14, 2009.

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 Palladium brands.

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, availability of credit, 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 deepening of the current worldwide recession. 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 March 31, 2009, 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
March 31,
2009     2008
(Unaudited)
Revenues $ 74,044 $ 98,401
Cost of goods sold   45,752     52,465  
Gross profit 28,292 45,936
Selling, general and administrative expenses   29,976     40,361  
Operating (loss) profit (1,684 ) 5,575
Interest (expense) income, net   (124 )   2,292  
(Loss) earnings before income taxes and discontinued operations (1,808 ) 7,867
Income tax (benefit) expense   (203 )   737  
(Loss) earnings before discontinued operations (1,605 ) 7,130
Earnings (loss) from discontinued operations, less applicable income tax   512     (20 )
Net (loss) earnings $ (1,093 ) $ 7,110  
Basic (loss) earnings per share $ (0.03 ) $ 0.20  
Diluted (loss) earnings per share $ (0.03 ) $ 0.20  
Weighted average number of shares outstanding
Basic 34,859 34,730
Diluted 34,859 35,315
 
K•Swiss Inc. Condensed Balance Sheets
(In thousands)
 
March 31,
2009 2008
ASSETS (Unaudited)
CURRENT ASSETS
Cash and cash equivalents $ 184,817 $ 273,856
Accounts receivable, net 51,674 53,459
Inventories 65,009 57,402
Prepaid expenses and other 10,303 15,551
Deferred taxes   6,675     4,325  
Total current assets 318,478 404,593
PROPERTY, PLANT AND EQUIPMENT, NET 24,835 24,295
OTHER ASSETS
Intangible assets 22,270 10,715
Deferred taxes 4,291 3,156
Other   8,574     8,765  
Total other assets   35,135     22,636  
$ 378,448   $ 451,524  
 
LIABILITIES AND STOCKHOLDERS' EQUITY
CURRENT LIABILITIES
Bank lines of credit and short-term debt $ 6,281 $ ---
Trade accounts payable 16,045 19,441
Accrued liabilities   17,260     28,831  
Total current liabilities 39,586 48,272
OTHER LIABILITIES
Long-term debt 746 ---
Mandatorily redeemable minority interest 4,417 ---
Other liabilities   12,998     11,888  
Total other liabilities 18,161 11,888
STOCKHOLDERS' EQUITY   320,701     391,364  
$ 378,448   $ 451,524  

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

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