Science and Technology Science and Technology
Tue, November 16, 2010

FalconStor Software Files Third Quarter 10-Q


Published on 2010-11-16 05:30:50 - Market Wire
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MELVILLE, N.Y.--([ BUSINESS WIRE ])--FalconStor Software, Inc. (NASDAQ: FALC), the provider of TOTALLY Opena" data protection solutions, announced that it filed its Quarterly Report on Form 10-Q for the third quarter of 2010.

"Gartner and others agree that traditional backup is broken due to exponential data growth, server virtualization, and round-the-clock demands on mission-critical applications a" and it is in FalconStora™s DNA to address this problem"

Total revenues for the third quarter of 2010 were $19.0 million, a decrease of 6% over the previous quarter and down 12% compared with the same period a year ago. GAAP loss from operations for the third quarter of 2010 was $4.8 million, down from $5.1 million in the previous quarter and up from $2.5 million for the same period a year ago.

Non-GAAP loss from operations was $2.6 million in the third quarter of 2010, down from $2.8 million in the previous quarter and up from a $0.2 million loss for the same period a year ago.

For the nine months ended September 30, 2010, revenues were $56.4 million, compared with $67.0 million for the same period a year ago. GAAP loss from operations for the nine month period was $18.4 million compared with a loss of $3.0 million in 2009.

Non-GAAP loss from operations was $11.3 million for the nine months ended September 30, 2010, compared with non-GAAP income from operations of $3.7 million in 2009.

GAAP net loss was $26.4 million, or $0.58 per share for the three months ended September 30, 2010, and $35.3 million, or $0.78 per share for the nine-month period ended September 30, 2010. The net loss includes tax provisions of $21.8 million and $17.0 million for the three and nine months ended September 30, 2010, respectively. During the third quarter of 2010, the Company concluded that its domestic deferred tax assets could not be realized on a more-likely-than-not basis, therefore a valuation allowance of $16.2 million was required to be recorded on these previously recognized deferred tax assets. This valuation allowance had no cash impact and was recorded within the tax provision for the three and nine months ended September 30, 2010.

GAAP net loss for the three and nine months ended September 30, 2009 was $2.0 million, or $0.05 per share, and $1.6 million, or $0.04 per share, respectively.

Non-GAAP operating results exclude stock-based compensation expenses of $2.2 million for the three months ended September 30, 2010 and 2009 and $2.3 million for the three months ended June 30, 2010. For the nine months ended September 30, 2010 and 2009, non-GAAP operating results exclude stock-based compensation expense of $7.2 million and $6.7 million, respectively.

The Company closed the quarter with $33.8 million in cash, cash equivalents, and marketable securities. Deferred revenue at September 30, 2010 was $20.5 million.

aGartner and others agree that traditional backup is broken due to exponential data growth, server virtualization, and round-the-clock demands on mission-critical applications a" and it is in FalconStora™s DNA to address this problem,a said Jim McNiel, interim president and interim CEO of FalconStor Software. aWe have the technology and the expertise to redefine data protection to match the way IT directors view their data center a" as a collection of services. As a result, we are building the industrya™s first service-oriented data protection solution for primary data centers and the cloud. It is upon this foundation that we expect to grow our business.a

The Company will host a conference call to discuss its financial results on Tuesday, November 16, 2010 at 8:00 a.m. EST. To participate in the conference call, please dial:

Toll Free: 1-877-941-6012
International: +1-480-248-5085

To view the presentation, please copy and paste the following link into your browser and register for this meeting. Once you have registered for the meeting, you will receive an email message confirming your registration.

[ https://falconstor.webex.com/falconstor/j.php?ED=143523172&RG=1&UID ]

Meeting: FalconStor Q3 2010 Earnings
Meeting password: q3numbers
Meeting Number: 484 349 617

If you are unable to register via the Internet, please contact Joanne Ferrara, Investor Relations at 631-773-5813 or [ joanne.ferrara@falconstor.com ].

A conference call replay is scheduled to be available beginning November 16, 2010 at 10:30 a.m. EST through 11:59 p.m. EST on November 20, 2010. To listen to the replay of the call, dial toll free: 1-800-406-7325 or International: +1-303-590-3030, passcode: 4386406, or visit our website at [ www.falconstor.com/investors ].

Non-GAAP Financial Measures

The non-GAAP financial measures used in this press release are not prepared in accordance with generally accepted accounting principles and may be different from non-GAAP financial measures used by other companies. The Companya™s management refers to these non-GAAP financial measures in making operating decisions because they provide meaningful supplemental information regarding the Companya™s operating performance. In addition, these non-GAAP financial measures facilitate managementa™s internal comparisons to the Companya™s historical operating results and comparisons to competitorsa™ operating results. We include these non-GAAP financial measures (which should be viewed as a supplement to, and not a substitute for, their comparable GAAP measures) in this press release because we believe they are useful to investors in allowing for greater transparency into the supplemental information used by management in its financial and operational decision-making. The non-GAAP financial measures exclude noncash stock-based compensation charges for all periods presented. For a reconciliation of our GAAP and non-GAAP financial results, please refer to our Reconciliation of GAAP to Non-GAAP Financial Measures, which is included in this press release.

About FalconStor

FalconStor Software, Inc. (NASDAQ: FALC) is the market leader in disk-based data protection.FalconStor delivers proven, comprehensive data protection solutions that facilitate the continuous availability of business-critical data with speed, integrity and simplicity.The Companya™s TOTALLY Opena" technology solutions, built upon the award-winning IPStor® platform, include the industry leading Virtual Tape Library (VTL) with deduplication, Continuous Data Protector (CDP), File-interface Deduplication System (FDS), and Network Storage Server (NSS), each enabled with WAN-optimized replication for disaster recovery and remote office protection, and the HyperFSa" file system. FalconStor products are available as OEM or branded solutions from industry leaders, including Acer, Data Direct Networks, Dynamic Solutions International, EMC, Fujitsu, Hitachi Data Systems, HP, Huawei, Pillar Data Systems, SGI, SeaChange and Spectra Logic and are deployed by thousands of customers worldwide, from small businesses to Fortune 1000 enterprises.

FalconStor is headquartered in Melville, N.Y., with offices throughout Europe and the Asia Pacific region.FalconStor is an active member of the Storage Networking Industry Association (SNIA).For more information, visit [ www.falconstor.com ] or call 1-866-NOW-FALC (866-669-3252).

This press release includes forward-looking statements that involve risk and uncertainties that could cause actual results to differ materially from the forward-looking statements. These risks and uncertainties include: delays in product development; market acceptance of FalconStora™s products and services; technological change in the storage and networking industries; competition in the network storage software market; the potential failure of FalconStora™s OEM partners to introduce or to market products incorporating FalconStora™s products; intellectual property issues; and other risk factors discussed in FalconStora™s reports on Forms 10-K, 10-Q and other reports filed with the Securities and Exchange Commission.

FalconStor, FalconStor Software and IPStor are registered trademarks and TOTALLY Open and HyperFS are trademarks of FalconStor Software, Inc., in the U.S. and other countries. All other company and product names contained herein may be trademarks of their respective holders.

Links to websites or pages controlled by parties other than FalconStor are provided for the readera™s convenience and information only. FalconStor does not incorporate into this release the information found at those links nor does FalconStor represent or warrant that any information found at those links is complete or accurate. Use of information obtained by following these links is at the readera™s own risk.

FalconStor Software, Inc. and Subsidiaries

CONDENSED CONSOLIDATED BALANCE SHEETS

September 30,

2010

December 31,

2009

(unaudited)
Assets
Current assets:

Cash and cash equivalents

$ 8,808,032 $ 15,752,528
Marketable securities 23,952,698 24,952,966
Accounts receivable, net 19,177,614 24,948,261
Prepaid expenses and other current assets 1,721,781 1,556,787
Income tax receivable 515,082 830,816
Inventory 2,049,972 329,657
Deferred tax assets, net - 4,320,773
Total current assets 56,225,179 72,691,788
Property and equipment, net 6,120,576 7,601,727
Long-term marketable securities 1,087,313 1,077,466
Deferred tax assets, net 85,918 9,698,859
Other assets, net 2,425,569 2,958,229
Goodwill 4,150,339 4,150,339
Other intangible assets, net 475,470 823,416
Total assets

$

70,570,364

$

99,001,824

Liabilities and Stockholders' Equity
Current liabilities:
Accounts payable $ 1,188,625 $ 1,570,190
Accrued expenses 8,227,244 8,454,743
Deferred revenue, net 15,233,041 16,570,076
Total current liabilities 24,648,910 26,595,009
Other long-term liabilities 2,422,714 608,907
Deferred revenue, net 5,243,547 5,644,994
Total liabilities 32,315,171 32,848,910
Commitments and Contingencies
Total stockholders' equity 38,255,193 66,152,914
Total liabilities and stockholders' equity $ 70,570,364 $ 99,001,824

FalconStor Software, Inc. and Subsidiaries

CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS

(Unaudited)

Three Months Ended

September 30,

Nine Months Ended

September 30,

2010200920102009
Revenues :
Product revenues $ 11,366,493 $ 14,397,983 $ 33,382,701 $ 46,087,209
Support and services revenues 7,609,339 7,142,186 22,983,495 20,942,665
18,975,832 21,540,169 56,366,196 67,029,874
Cost of revenues:
Product 2,120,727 855,566 6,179,952 2,015,567
Support and service 3,104,108 3,456,215 10,020,153 10,133,565
Total cost of revenues 5,224,835 4,311,781 16,200,105 12,149,132

Gross profit

$

13,750,997

$

17,228,388

$

40,166,091

$

54,880,742

Operating expenses:

Research and development costs 6,445,992 6,911,215 20,211,811 19,890,526
Selling and marketing 9,724,007 10,391,931 31,165,975 31,023,224
General and administrative 2,403,954 2,388,860 7,217,428 6,996,357
Total operating expenses 18,573,953 19,692,006 58,595,214 57,910,107

Operating loss

(4,822,956

)

(2,463,618

)

(18,429,123

)

(3,029,365

)

Interest and other income, net

205,518 239,516 103,077 18,811
Loss before income
taxes (4,617,438 ) (2,224,102 ) (18,326,046 ) (3,010,554 )
Provision (benefit) for income taxes 21,799,389 (192,697 ) 16,996,344 (1,394,902 )
Net loss $ (26,416,827 ) $ (2,031,405 ) $ (35,322,390 ) $ (1,615,652 )
Basic net loss per share $ (0.58 ) $ (0.05 ) $ (0.78 ) $ (0.04 )
Diluted net loss per share $ (0.58 ) $ (0.05 ) $ (0.78 ) $ (0.04 )
Weighted average basic shares
outstanding 45,836,621 44,803,379 45,367,998 44,812,807
Weighted average diluted shares
outstanding 45,836,621 44,803,379 45,367,998 44,812,807

FalconStor Software, Inc. and Subsidiaries

Reconciliation of GAAP to Non-GAAP Financial Measures

(Unaudited)

Three Months Ended

September 30,

Nine Months Ended

September 30,

2010200920102009
GAAP loss from operations $ (4,822,956) $ (2,463,618) $ (18,429,123) $ (3,029,365)
Add: non-cash stock option expense (1) 2,197,947 2,241,792 7,170,617 6,712,549
Non-GAAP (loss) income from
operations (2,625,009) (221,826) (11,258,506) 3,683,184

GAAP net loss $ (26,416,827) $ (2,031,405) $ (35,322,390) $ (1,615,652)
Add: non-cash stock option expense,
net of income taxes (2) (300,169) 2,149,332 3,106,827 5,187,743
Non-GAAP net (loss) income (26,716,996) 117,927 (32,215,563) 3,572,091
GAAP gross margin a" Product 81% 94% 81% 96%

Add: non-cash stock option expense (1)

0% 0% 0% 0%
Non-GAAP gross margin - Product 81% 94% 82% 96%
GAAP gross margin a" Support
and Service 59% 52% 56% 52%
Add: non-cash stock option expense (1) 4% 6% 4% 5%
Non-GAAP gross margin a" Support

and Service

63%

57%

60%

57%

GAAP operating margin

Add: non-cash stock option expense (1)

(25%)

12%

(11%)

10%

(33%)

13%

(5%)

10%

Non-GAAP operating margin (14%) (1%) (20%) 5%

GAAP Basic EPS $ (0.58) $ (0.05) $ (0.78) $ (0.04)
Add: non-cash stock option expense,
net of income taxes (2) (0.01) 0.05 0.07 0.12
Non-GAAP Basic EPS (0.58) 0.00 (0.71) 0.08

GAAP Diluted EPS $ (0.58) $ (0.05) $ (0.78) $ (0.04)
Add: non-cash stock option expense,
net of income taxes (2) (0.01) 0.05 0.07 0.11
Non-GAAP Diluted EPS (0.58) 0.00 (0.71) 0.08

Weighted average basic shares

Outstanding (GAAP and as adjusted)

45,836,621 44,803,379 45,367,998 44,812,807
Weighted average diluted shares

Outstanding (GAAP and as adjusted)

45,836,621 46,823,133 45,367,998 46,041,703

Footnotes:

(1) Represents non-cash, stock-based compensation charges as follows:

Three Months Ended

September 30,

Nine Months Ended

September 30,

2010

2009

2010

2009

Cost of revenues - Product $ 9,755 $ 7,086 $ 23,696 $ 21,027
Cost of revenues a" Support and service 277,839 397,414 887,930 1,149,568
Research and development costs 680,179 813,929 2,480,509 2,281,750
Selling and marketing 978,559 731,571 2,875,275 2,425,043
General and administrative 251,615 291,792 903,207 835,161
Total non-cash stock-based
compensation expense $ 2,197,947 $ 2,241,792 $ 7,170,617 $ 6,712,549

(2) Represents the effects of non-cash stock-based compensation expense recognized in accordance with the FASB Accounting Standards Codification, Topic 718, for the three and nine months ended September 30, 2010 and 2009, net of related income tax effects.

Contributing Sources