0001157523-11-006365.txt : 20111103 0001157523-11-006365.hdr.sgml : 20111103 20111103075012 ACCESSION NUMBER: 0001157523-11-006365 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20111103 ITEM INFORMATION: Results of Operations and Financial Condition ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20111103 DATE AS OF CHANGE: 20111103 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: 111176083 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 a50055335.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 3, 2011

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 3, 2011, 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, 2011.  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 3, 2011.

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:

November 3, 2011

 

By:

/s/ GEORGE POWLICK

George Powlick,

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

3

EXHIBIT INDEX

Exhibit

Description

 
99.1

Press Release issued November 3, 2011.

4

EX-99.1 2 a50055335ex99-1.htm EXHIBIT 99.1

Exhibit 99.1

K-Swiss Reports Third Quarter Results

WESTLAKE VILLAGE, Calif.--(BUSINESS WIRE)--November 3, 2011--K•Swiss Inc. (NASDAQ: KSWS) today announced results for the third quarter ended September 30, 2011. The operations of FORM Athletics are accounted for as a discontinued operation in the Company’s financial results and are excluded from futures orders data for the prior-year periods.

Financial Results

Net loss for the third quarter of 2011 was $15,418,000, or $0.43 per diluted share, compared with a net loss of $28,334,000, or $0.80 per diluted share, for the prior-year period. Net loss for the nine months ended September 30, 2011, was $45,286,000, or $1.28 per diluted share, compared with a net loss of $47,577,000, or $1.35 per diluted share, for the nine months ended September 30, 2010.

For the third quarter of 2011, total worldwide revenues increased 30.8% to $80,456,000 from $61,491,000 in the prior-year period. Domestic revenues increased 21.0% to $32,676,000 in the third quarter, and international revenues increased 38.6% to $47,780,000 for the same period. Total worldwide revenues for the first nine months of 2011 increased 25.3% to $218,194,000 from $174,192,000 for the first nine months of 2010. Domestic revenues increased 30.8% to $96,360,000 in the first nine months, and international revenues increased 21.2% to $121,834,000.

Futures Orders

Worldwide futures orders with start ship dates from October 2011 through March 2012 decreased 4.2% to $76,598,000 at September 30, 2011. Domestic futures orders decreased 24.1% to $26,494,000 at September 30, 2011, from $34,894,000 the previous year. International futures orders increased 11.3% to $50,104,000 at September 30, 2011, from $45,021,000 the previous year.

Steven Nichols, Chairman of the Board and President, stated, “Our performance category and international operations continue to strengthen, but our domestic business, in total, needs more work to restore us to profitability.”

2011 Guidance

For 2011, the Company expects full year consolidated revenues to be approximately $260 million. Consolidated gross margin is expected to be approximately 36.5%, compared to 39.2% in 2010. Selling, general and administrative expenses are expected to be $153 million to $155 million.


Investor Conference Call and Web Simulcast

K•Swiss will conduct a conference call on its third quarter 2011 results today, at 11:00 a.m. ET. The number to call for this interactive teleconference is (212) 231-2928. A replay of this conference call will be available until November 10, 2011, by dialing (402) 977-9140 and entering the passcode, 21542237.

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 10, 2011.

Founded more than forty years ago in Van Nuys, California, K•Swiss introduced the first all-leather tennis shoe, the K•Swiss “Classic” in 1966. Since its inception, K•Swiss has rooted itself in California Sport with an aim to be the most inspiring and innovative sports brand in the market. Today the Company offers performance and lifestyle footwear and apparel for several categories under its California Sports umbrella including Tennis Heritage, California Fit (Running, Triathlon and Fitness) and California Youth. K•Swiss also designs, develops and markets footwear under the Palladium brand. For more information about K•Swiss, visit www.kswiss.com.

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, 2011, which is currently on file with the SEC. Futures orders as of any date, represents orders scheduled to be shipped within the next six months. Futures orders as of a certain date do not include orders scheduled to be shipped on or prior to that date. 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 Loss
(In thousands, except earnings per share data)
     
Three Months Ended Nine Months Ended
September 30, September 30,
2011 2010 2011 2010
 
Revenues $ 80,456 $ 61,491 $ 218,194 $ 174,192
Cost of goods sold   51,631     36,458     138,413     102,987  
Gross profit 28,825 25,033 79,781 71,205
Selling, general and administrative expenses   42,357     38,685     120,620     106,988  
Operating loss (13,532 ) (13,652 ) (40,839 ) (35,783 )
Other income/(expense) - - 3,000 (3,320 )
Interest income/(expense), net   242     (197 )   95     170  
Loss before income taxes and discontinued operations (13,290 ) (13,849 ) (37,744 ) (38,933 )
Income tax expense   342     13,993     1,904     8,152  
Loss from continuing operations (13,632 ) (27,842 ) (39,648 ) (47,085 )
Loss from discontinued operations, less applicable income tax   (1,786 )   (492 )   (5,638 )   (492 )
Net loss $ (15,418 ) $ (28,334 ) $ (45,286 ) $ (47,577 )
Basic loss per share $ (0.43 ) $ (0.80 ) $ (1.28 ) $ (1.35 )
Diluted loss per share $ (0.43 ) $ (0.80 ) $ (1.28 ) $ (1.35 )
Weighted average number of shares outstanding
Basic 35,572 35,246 35,480 35,192
Diluted 35,572 35,246 35,480 35,192
 
 
K•Swiss Inc. Condensed Balance Sheets
(In thousands)
 
September 30,
2011 2010
ASSETS
CURRENT ASSETS
Cash and cash equivalents $ 37,419 $ 44,116
Restricted cash and cash equivalents and restricted investments available for sale 22,702 24,373
Investments available for sale 6,228 71,637
Accounts receivable, net 43,298 44,174
Inventories 93,700 55,292
Prepaid expenses and other current assets 10,181 4,523
Income taxes receivable   -     14,865  
Total current assets 213,528 258,980
PROPERTY, PLANT AND EQUIPMENT, NET 20,122 21,156
OTHER ASSETS
Intangible assets 14,575 18,269
Deferred income taxes 3,853 3,320
Other   4,719     10,120  
Total other assets   23,147     31,709  
$ 256,797   $ 311,845  
 
LIABILITIES AND STOCKHOLDERS' EQUITY
CURRENT LIABILITIES
Bank lines of credit $ 15,060 $ 5,116
Current portion of long-term debt 284 300
Trade accounts payable 14,822 15,327
Accrued income taxes payable - 165
Accrued liabilities   22,612     16,599  
Total current liabilities 52,778 37,507
OTHER LIABILITIES
Long-term debt 155 436
Other liabilities 7,610 13,757
Contingent purchase price   3,886     5,857  
Total other liabilities 11,651 20,050
STOCKHOLDERS' EQUITY   192,368     254,288  
$ 256,797   $ 311,845  
 

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