-----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, WNFoB5CDU+Hu16OL6b+oNGa7QqAdKMBbScERJEmmx2Cq+IJM6IE5eHhgV6noswx6 wYNEgEB7nPPLt/aR+95f2g== 0001157523-09-007712.txt : 20091105 0001157523-09-007712.hdr.sgml : 20091105 20091105075017 ACCESSION NUMBER: 0001157523-09-007712 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20091105 ITEM INFORMATION: Results of Operations and Financial Condition ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20091105 DATE AS OF CHANGE: 20091105 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: 091159464 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 a6092316.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)  November 5, 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 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.

On November 5, 2009, K-Swiss Inc. (the “Company”) issued a press release announcing its results of operations and financial condition for the nine and three months ended September 30, 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 November 5, 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:

November 5, 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 November 5, 2009.

EX-99.1 2 a6092316ex99_1.htm EXHIBIT 99.1

Exhibit 99.1

K-Swiss Reports Third Quarter Results

WESTLAKE VILLAGE, Calif.--(BUSINESS WIRE)--November 5, 2009--K•Swiss Inc. (NASDAQ: KSWS) today announced results for the third quarter ended September 30, 2009. The sale of Royal Elastics on April 30, 2009, is accounted for as a discontinued operation in the Company’s financial results and is excluded from futures orders data for the current and prior-year periods.

Financial Highlights

Net loss for the third quarter of 2009 was $2,884,000, or $0.08 per diluted share, compared with net earnings of $1,066,000 or $0.03 per diluted share, in the prior-year period. Net loss for the nine months ended September 30, 2009, was $15,474,000, or $0.44 per diluted share, compared with net earnings of $34,599,000, or $0.98 per diluted share, in the nine months ended September 30, 2008. Results for the nine-month 2009 period includes a pre-tax non-operating loss of $2.6 million, or $0.08 per diluted share (after tax), from the acquisition of the remaining interest in Palladium SAS in June 2009, and a pre-tax gain of $1.4 million, or $0.03 per diluted share (after tax), from the sale of Royal Elastics in April 2009. Earnings for the nine-month 2008 period includes a pre-tax gain of $30,000,000, or $0.52 per diluted share (after tax), related to the settlement of litigation.

For the third quarter of 2009, total worldwide revenues decreased 23.7% to $70,633,000 compared with $92,629,000 in the prior-year period. Domestic revenues decreased 33.0% to $23,987,000 in the third quarter, and international revenues decreased 18.0% to $46,646,000. Total worldwide revenues for the first nine months of 2009 decreased 27.5% to $198,709,000, compared with $273,915,000, in the first nine months of 2008. Domestic revenues decreased 25.7% to $83,094,000, and international revenues decreased 28.7% to $115,615,000.

Futures Orders

Worldwide futures orders with start ship dates from October 2009 through March 2010 were $67,996,000 at September 30, 2009, compared with $100,076,000 at September 30, 2008. Domestic futures orders decreased 36.8% to $23,121,000 at September 30, 2009, from $36,583,000 the previous year. International futures orders decreased 29.3% to $44,875,000 at September 30, 2009, from $63,493,000 the previous year.

Earnings Guidance

The Company expects full-year revenues to be approximately $230 million to $240 million and expects to report a full-year loss per diluted share of approximately $0.70 to $0.80. Full-year SG&A expenses are currently projected to be approximately $119 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, "The third quarter results were in line with our expectations, as we worked through remaining inventories, scaled up the sales of Palladium and continued investing in Classic, running, and tennis development. We have said all year that we are not looking for the short-term fix to our revenue and backlog trends. Our strategy is slow and steady with a long-term focus on making performance shoes that will end up in everyday footwear and re-establishing the revenue and margin growth we enjoyed for nearly two decades. We remain committed to ensuring the success of this strategy.”

Investor Conference Call and Web Simulcast

K•Swiss will conduct a conference call on its third quarter 2009 results today, at 11:00 a.m. ET. The number to call for this interactive teleconference is (480) 629-9644. A replay of this conference call will be available until November 12, 2009, by dialing (303) 590-3030 and entering the passcode, 4065118.

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 November 12, 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 September 30, 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     Nine Months Ended
September 30, September 30,
2009     2008 2009     2008
(Unaudited) (Unaudited)
Revenues $ 70,633 $ 92,629 $ 198,709 $ 273,915
Cost of goods sold   44,341     55,739     127,865     154,717  
Gross profit 26,292 36,890 70,844 119,198
Selling, general and administrative expenses   30,329     36,409     90,609     110,326  
Operating (loss) profit (4,037 ) 481 (19,765 ) 8,872
Other (expense) income, net (486 ) - (1,249 ) 30,000
Interest Income, net   354     2,345     698     6,501  
(Loss) earnings before income taxes and discontinued operations (4,169 ) 2,826 (20,316 ) 45,373
Income tax (benefit) expense   (1,581 )   1,320     (5,058 )   9,016  
(Loss) earnings before discontinued operations (2,588 ) 1,506 (15,258 ) 36,357
Loss from discontinued operations, less applicable income tax   (296 )   (440 )   (216 )   (1,758 )
Net (loss) earnings $ (2,884 ) $ 1,066   $ (15,474 ) $ 34,599  
Basic (loss) earnings per share $ (0.08 ) $ 0.03   $ (0.44 ) $ 1.00  
Diluted (loss) earnings per share $ (0.08 ) $ 0.03   $ (0.44 ) $ 0.98  
Weighted average number of shares outstanding
Basic 34,999 34,830 34,909 34,763
Diluted 34,999 35,357 34,909 35,315
 
 
K•Swiss Inc. Condensed Balance Sheets
(In thousands)
 
September 30,
2009 2008
ASSETS (Unaudited)
CURRENT ASSETS
Cash and cash equivalents $ 160,368 $ 291,079
Available for sale securities 31,197 -
Accounts receivable, net 41,975 47,958
Inventories 51,419 68,309
Prepaid expenses and other 2,381 5,463
Deferred taxes   6,660     5,199  
Total current assets 294,000 418,008
PROPERTY, PLANT AND EQUIPMENT, NET 22,619 25,718
OTHER ASSETS
Intangible assets 20,226 23,576
Deferred taxes 13,527 3,376
Other   8,801     9,032  
Total other assets   42,554     35,984  
$ 359,173   $ 479,710  
 
LIABILITIES AND STOCKHOLDERS' EQUITY
CURRENT LIABILITIES
Bank lines of credit and short-term debt $ 7,749 $ 8,382
Trade accounts payable 9,497 15,897
Accrued liabilities   14,921     25,674  
Total current liabilities 32,167 49,953
OTHER LIABILITIES
Long-term debt 780 1,051
Other liabilities 12,966 12,580
Manditorily redeemable minority interest   -     3,792  
Total other liabilities 13,746 17,423
STOCKHOLDERS' EQUITY   313,260     412,334  
$ 359,173   $ 479,710  

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

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