KVH and Agility Agree to Settle Pending Litigation
MIDDLETOWN, R.I.--(BUSINESS WIRE)--Nov. 14, 2003--KVH Industries, Inc., (Nasdaq: KVHI) announced today that on November 3, 2003, KVH and Agility Robotics, Inc., and Ross-Hime Designs, Inc., (collectively, "Agility") agreed to settle pending litigation. Because this agreement was reached prior to the filing of KVH's third quarter Form 10-Q, the company is required to record the settlement costs in the company's financial statements for the three- and nine-month periods ended September 30, 2003. This is in accordance with generally accepted accounting principles, notably Statement on Financial Accounting Standards No. 5, "Accounting for Contingencies." To reflect this agreement and associated costs, the company has recorded a $305,000 operating expense accrual in its third quarter financial statements as filed on Form 10-Q with the SEC on November 14, 2003.
"We are pleased to have successfully resolved this issue," said Martin Kits van Heyningen, KVH's president and chief executive officer, "and that the terms of this settlement should not affect our future operating results."
Under the general terms of the settlement, all claims pending against the company will be released, the lawsuit will be dismissed, and Agility's rights under certain of its patents will be licensed to KVH.
KVH Industries, Inc., designs and manufactures products that enable mobile communication, navigation, and precision pointing through the use of its proprietary mobile satellite antenna and fiber optic technologies. The company is developing next-generation systems with greater precision, durability, and versatility for communications, navigation, and industrial applications. An ISO 9001-certified company, KVH has headquarters in Middletown, Rhode Island, with a fiber optic manufacturing facility in Tinley Park, Illinois, and a European sales, marketing, and support office in Hoersholm, Denmark.
KVH INDUSTRIES, INC. AND SUBSIDIARY
CONDENSED CONSOLIDATED BALANCE SHEETS
SEPTEMBER 30, 2003 AND DECEMBER 31, 2002
(Unaudited)
September 30, December 31,
2003 2002
Assets:
Current assets:
Cash and cash equivalents $ 7,572,996 7,239,255
Accounts receivable, net 9,523,479 9,716,292
Costs and estimated earnings
in excess of billings on
uncompleted contracts 438,971 377,058
Inventories 6,401,177 3,947,207
Prepaid expenses and other deposits 585,726 587,647
Deferred income taxes 552,871 616,877
Total current assets 25,075,220 22,484,336
Property and equipment, net 8,739,411 7,384,888
Other assets, less accumulated
amortization 346,707 441,225
Deferred income taxes 2,238,430 2,238,430
Total assets $ 36,399,768 32,548,879
Liabilities and stockholders' equity:
Current liabilities:
Current portion long-term debt $ 96,574 93,262
Accounts payable 4,486,200 2,321,104
Accrued expenses 2,593,895 2,007,470
Customer deposits 31,230 91,665
Total current liabilities 7,207,899 4,513,501
Long-term debt 2,531,238 2,603,885
Total liabilities 9,739,137 7,117,386
Stockholders' equity:
Common stock 115,297 111,498
Additional paid-in capital 36,208,567 35,134,093
Accumulated deficit (9,663,233) (9,818,025)
Accumulated other comprehensive
income - 3,927
Total stockholders' equity 26,660,631 25,431,493
Total liabilities and
stockholders' equity $ 36,399,768 32,548,879
KVH INDUSTRIES, INC. AND SUBSIDIARY
CONSOLIDATED STATEMENTS OF OPERATIONS
(Unaudited)
Three Months Ended Nine Months Ended
September 30 September 30
2003 2002 2003 2002
Net sales $ 13,514,792 12,435,313 41,017,886 34,718,070
Cost of sales 7,712,109 6,837,186 22,680,578 19,515,902
Gross profit 5,802,683 5,598,127 18,337,308 15,202,168
Operating expenses:
Research &
development 2,140,144 2,230,457 6,565,708 6,996,668
Sales & marketing 2,917,349 2,316,560 8,150,129 7,410,575
Administration 1,387,699 850,191 3,467,317 2,383,123
Income (loss) from
operations (642,509) 200,919 154,154 (1,588,198)
Other expense:
Other expense (21,892) (16,398) (68,361) (47,054)
Interest expense, net (37,053) (34,578) (115,288) (87,212)
Income (loss) before
income taxes (701,454) 149,943 (29,495) (1,722,464)
Income tax expense
(benefit) (235,293) - (184,287) 86,100
Net income (loss) $ (466,161) 149,943 154,792 (1,808,564)
Per share information:
Earnings (loss)
per share
Basic $ (0.04) 0.01 0.01 (0.16)
Diluted $ (0.04) 0.01 0.01 (0.16)
Number of shares used
in per share
calculation
Basic 11,487,900 11,056,374 11,352,489 11,017,596
Diluted 11,487,900 11,356,194 11,845,942 11,017,596
This press release may contain certain forward-looking statements that involve risks and uncertainties. For example, the statements regarding the license and settlement agreement and the impact of the costs under such agreement on the company's operating results are forward-looking statements. The actual results realized by the company could differ materially from the statements made herein. Factors that might cause such differences include, but are not limited to: the final terms and conditions agreed upon as a part of the definitive license and settlement agreement or any court order with respect to the settlement. Additional factors are discussed in the company's most recent Form 10-Q filed with the SEC on November 14, 2003. Copies are available through the company's Investor Relations department and web site, www.kvh.com. KVH assumes no obligation to update its forward-looking statements to reflect new information and developments.
CONTACT:
KVH Industries Contact:
Pat Spratt, 401-847-3327
Chief Financial Officer
Investor Relations Contact:
Financial Dynamics
Jolinda Taylor, 617-747-3600
Paul Johnson, 212-850-5600