SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 |
|
Delaware
(State or Other Jurisdiction of Incorporation) |
0-28082
(Commission File Number) |
05-0420589 |
50 Enterprise Center
Middletown, RI (Address of Principal Executive Offices) |
02842
(Zip Code) |
Registrants
telephone number, including area code: (401) 847- 3327
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|
ITEM 12. RESULTS OF OPERATIONS AND FINANCIAL
CONDITIONS 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 hereunto duly authorized.
|
Date: November 14, 2003 |
BY: /S/ Patrick J. Spratt
Patrick J. Spratt Chief Accounting & Financial Officer |
|
Exhibit: 99.1 Press Release Dated November 14, 2003 FOR IMMEDIATE RELEASE PRESS RELEASE |
KVH Industries Contact: | Pat Spratt, Chief Financial Officer | |
401-847-3327 | ||
Investor Relations Contact: | FD Morgen-Walke | |
Jolinda Taylor, 617-747-3600 | ||
Paul Johnson, 212-850-5600 |
KVH and Agility Agree to Settle Pending Litigation MIDDLETOWN, RI November 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 |
December 31, 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 |
Three months ended September 30, |
Nine months ended September 30, |
||||
---|---|---|---|---|---|
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. |