0000896841-12-000052.txt : 20121022 0000896841-12-000052.hdr.sgml : 20121022 20121022060627 ACCESSION NUMBER: 0000896841-12-000052 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20121022 ITEM INFORMATION: Results of Operations and Financial Condition ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20121022 DATE AS OF CHANGE: 20121022 FILER: COMPANY DATA: COMPANY CONFORMED NAME: AVID TECHNOLOGY, INC. CENTRAL INDEX KEY: 0000896841 STANDARD INDUSTRIAL CLASSIFICATION: PHOTOGRAPHIC EQUIPMENT & SUPPLIES [3861] IRS NUMBER: 042977748 STATE OF INCORPORATION: DE FISCAL YEAR END: 1019 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-21174 FILM NUMBER: 121153586 BUSINESS ADDRESS: STREET 1: 75 NETWORK DRIVE CITY: BURLINGTON STATE: MA ZIP: 01803 BUSINESS PHONE: 978.640.6789 MAIL ADDRESS: STREET 1: 75 NETWORK DRIVE CITY: BURLINGTON STATE: MA ZIP: 01803 FORMER COMPANY: FORMER CONFORMED NAME: AVID TECHNOLOGY INC DATE OF NAME CHANGE: 19930203 8-K 1 q312pre-releaseform8xk1.htm 8-K Q312Pre-ReleaseForm8-K (1)

 
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): October 22, 2012

AVID TECHNOLOGY, INC.
(Exact Name of Registrant as Specified in Its Charter)

Delaware 
(State or Other Jurisdiction of
Incorporation or Organization)
0-21174   
(Commission File Number 
04-2977748 
(I.R.S. Employer
 Identification No.)
 
75 Network Drive, Burlington, Massachusetts  01803 
(Address of Principal Executive Offices)  (Zip Code)
 
(978) 640-6789 
(Registrant's Telephone Number, Including Area Code)
 


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 October 22, 2012, Avid Technology, Inc. (the “Company”) issued a press release regarding its preliminary financial results for the quarter ended September 30, 2012. The Company also provided information in the press release regarding its October 29, 2012 conference call during which it will review its financial results for the third quarter of 2012. The full text of the press release issued is furnished as Exhibit 99.1 to this Current Report on Form 8-K.

The information contained in this Item 2.02 (including Exhibit 99.1) shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934 (the “Exchange Act”) or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933 or the Exchange Act, except as expressly set forth by specific reference in such a filing.


Item 9.01.
Financial Statements and Exhibits.

(d)
Exhibits.
 
 
 
The following exhibit relating to Item 2.02 shall be deemed to be furnished, and not filed:
 
 
 
 
 
Exhibit Number
 
Description
 
99.1
 
Press release dated October 22, 2012.







SIGNATURE

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.

 
 
AVID TECHNOLOGY, INC.
 
 
 
(Registrant)
 
 
 
 
 
 
 
 
 
 
Date: October 22, 2012
By:
/s/ Ken Sexton
 
 
 
Name:
Ken Sexton
 
 
 
Title:
Executive Vice President, Chief Financial
 
 
 
 
Officer and Chief Administrative Officer
 





EXHIBIT INDEX


Exhibit Number
 
Description
 
 
 
    *99.1
 
Press release dated October 22, 2012.
_________________________________________
*  Document furnished herewith.


EX-99.1 2 exhibit991finalq312pre-rel.htm EXHIBIT Exhibit991FinalQ312Pre-Release
EXHIBIT 99.1


PR Contact:    Lisa Kilborn, Avid, 978.640.3230, lisa.kilborn@avid.com
IR Contact:    Tom Fitzsimmons, Avid, 978.640.3346, tom.fitzsimmons@avid.com
 


Avid Provides Preliminary Third Quarter 2012 Results

BURLINGTON, MA— October 22, 2012—Avid® (NASDAQ: AVID) today reported certain preliminary financial results for the fiscal quarter ended September 30, 2012. Avid’s third quarter results are preliminary, subject to change, and expressed in approximate figures. Avid currently plans to hold a conference call on October 29, 2012 to provide additional detail and updated results for the third quarter and information as to current expectations for the fourth quarter.

The company currently expects revenues to be $125 to $127 million and the GAAP net loss to be $17 to $19 million for the three-month period ended September 30, 2012. This compares to revenue of $164.7 million and a GAAP net loss of $7.6 million for the three-month period ended September 30, 2011. The third quarter revenue includes $4 million of revenue related to the July 2012 divestitures of its video and audio consumer-focused businesses. The revenue for the on-going business for the third quarter of 2012 was $121 to $123 million, down 14% to 15% compared to on-going revenue for the third quarter of 2011 of $143 million. The company believes the decline was largely due to sales execution in the Americas region and some transitional issues related to the implementation of the strategic actions announced by the company in July 2012.

The estimated GAAP net loss for the third quarter of 2012 includes amortization of intangible assets, stock-based compensation, restructuring costs and costs and allowances related to divestitures, acquisition and other costs, and related tax adjustments collectively totaling $14 million. Excluding these items, the estimated non-GAAP net loss for the third quarter of 2012 is expected to be $3 to $5 million.

The GAAP operating loss for the third quarter of 2012 is expected to be $16 to $18 million and excluding the items identified above, except tax adjustments, totaling $14 million, the non-GAAP operating loss for the third quarter is expected to be $2 to $4 million.

The company also reported that it ended the September 30, 2012 quarter with a cash balance of $71 million and no bank debt outstanding.




EXHIBIT 99.1


Avid will hold a conference call on October 29, 2012 at 4:15 p.m. (EDT) to review its financial results for the third quarter of 2012. The call will follow the dissemination of the company’s press release on those results.

The dial-in number is: 719.457.2617
The replay number is: 719.457.0820
The confirmation code and replay passcode is: 4569475
The call will also be available via live Webcast and subsequent replay on the company's website. To listen and view slides online, please visit http://ir.avid.com.


Use of Non-GAAP Financial Measures
This press release contains “non-GAAP financial measures” under the rules of the U.S. Securities and Exchange Commission. Non-GAAP financial measures are not based on a comprehensive set of accounting rules or principles. This non-GAAP information supplements, and is not intended to represent a measure of performance in accordance with, disclosures required by generally accepted accounting principles, or GAAP.  Non-GAAP financial measures should be considered in addition to, not as a substitute for or superior to, financial measures determined in accordance with GAAP.

Management considers both GAAP and non-GAAP financial results in managing our business. Non-GAAP financial measures are used internally, for example, in establishing annual operating budgets, in assessing operating performance and for measuring performance under incentive compensation plans. Non-GAAP financial measures are also used in operating and financial decision-making because we believe these measures reflect our ongoing business and allow meaningful period-to-period comparisons. We believe it is useful for investors and others to also review both GAAP and non-GAAP measures in order to understand and evaluate our current operating performance and future prospects in the same manner as management and to compare in a consistent manner the company’s current financial results with past financial performance. The primary limitations associated with our use of non-GAAP financial measures are that they may not include all items of income and expense that affect our operations and that the non-GAAP financial measures we use may not be directly comparable to those reported by other companies. For example, terms referring to non-GAAP financial measures used in this press release, such as non-GAAP operating loss and non-GAAP net loss, do not have standardized meanings. Other companies may use the same or similarly named measures, but exclude different items, which may not provide investors with a comparable view of our performance in relation to other companies.









EXHIBIT 99.1


Use of Forward-Looking Statements
The financial results included in this release are unaudited. The contents of this release are preliminary and subject to change. This release may include forward-looking statements, as defined by the Private Securities Litigation Reform Act of 1995. Statements in this press release that relate to future results or events are forward-looking statements and are based on Avid’s current estimates and assumptions.  Forward-looking statements may be identified by the use of forward-looking words, such as “anticipate,” “believe,” “should,” “estimate,” “expect,” “intend,” “confidence,” “may,” “plan,” “feel,” “could,” “will,” and “would,” or similar expressions. Actual results and events in future periods and for the quarter ended September 30, 2012 may differ materially from those expressed or implied by these forward-looking statements because of a number of risks, uncertainties and other factors, including: accounting and other adjustments that may be made to the preliminary financial results; Avid’s ability to execute its strategic plan and meet customer needs; Avid's ability to realize operational and financial benefits from the sale of its consumer audio and video product lines and the reduction in workforce announced in July 2012; Avid's ability to sell its professional products through retail sales channels following the divestiture of consumer products sold through those sales channels; its ability to produce innovative products in response to changing market demand, particularly in the media industry; competitive factors; fluctuations in its revenue, based on, among other things, Avid’s performance in particular geographies, fluctuations in foreign currency exchange rates, and seasonal factors; adverse changes in economic conditions; Avid’s liquidity; and other risk factors and uncertainties disclosed previously and from time to time in Avid’s filings with the U.S. Securities and Exchange Commission. In addition, the forward-looking statements contained herein represent Avid’s estimates only as of today and should not be relied upon as representing the company’s estimates as of any subsequent date. While Avid may elect to update these forward-looking statements at some point in the future, Avid specifically disclaims any obligation to do so, even if the estimates change.

About Avid
Avid creates the digital audio and video technology used to make the most listened to, most watched and most loved media in the world – from the most prestigious and award-winning feature films, music recordings, television shows, to live concert tours and news broadcasts. Some of Avid’s most influential and pioneering solutions include Media Composer®, Pro Tools®, Interplay®, ISIS®, VENUE, Sibelius®, and System 5. For more information about Avid solutions and services, visit www.avid.com, connect with Avid on Facebook, Twitter, YouTube, LinkedIn, Google+; or subscribe to Avid Buzz.

© 2012 Avid Technology, Inc. All rights reserved. Avid, the Avid logo, Media Composer, Pro Tools, Interplay, ISIS, and Sibelius are trademarks or registered trademarks of Avid Technology, Inc. or its subsidiaries in the United States and/or other countries. The Interplay name is used with the permission of the Interplay Entertainment Corp. which bears no responsibility for Avid products.  All other trademarks are the property of their respective owners.

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