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Phoenix Technologies Ltd. Reports First Quarter Fiscal 2009 Financial Results

January 27, 2009
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MILPITAS, Calif., Jan. 27 /PRNewswire-FirstCall/ — Phoenix Technologies Ltd. (Nasdaq: PTEC), the global leader in core systems software, today reported its financial results for the first quarter of fiscal 2009, ended December 31, 2008.

(Logo: http://www.newscom.com/cgi-bin/prnh/20070410/SFTU048LOGO)

First Quarter Fiscal 2009 and Recent Highlights:

  • Total revenues were $17.4 million, unchanged from $17.4 million in Q1 FY2008;
  • GAAP net loss was ($9.3 million), or ($0.33) per share, compared with a net income of $2.5 million, or $0.09 per diluted share in Q1 FY2008;
  • Non-GAAP net loss, adjusted to exclude non-cash charges for amortization of intangible assets, restructuring charges and stock-based compensation, was ($5.0 million), or ($0.18) per share, compared with a non-GAAP net income of $3.7 million, or $0.13 per diluted share in Q1 FY2008;
  • Announced agreements with Lenovo, Samsung and a Fortune 100 PC OEM to provide Phoenix FailSafe(TM) theft deterrence and data loss protection for notebooks;
  • Launched consumer versions of its flagship product, HyperSpace(TM), on January 6, 2009 at the Consumer Electronics Showcase (CES) in Las Vegas;
  • Announced an OEM partnership with ASUS on January 20, 2009 to install HyperSpace into its next-generation notebooks.

“Despite the industry-wide weakness in end-user demand for PCs during the December quarter and aggressive inventory reductions in the global PC supply chain, we are pleased that revenue growth from our new products and services was sufficient to offset declines in our core system revenues and resulted in total revenues that were level with those reported in the year-ago period,” stated Woody Hobbs, President and CEO of Phoenix Technologies. “In contrast, other major participants in our industry have reported substantial year on year revenue declines.”

Mr. Hobbs continued, “We remained committed to our previously stated intentions to support our new products and are encouraged by the favorable reaction of our major customers to both FailSafe and HyperSpace, and by the significant new customer agreements signed for each of these products. Furthermore, we are extremely pleased with the positive feedback we have received from industry analysts and the general press following the successful launch of our consumer versions of HyperSpace at CES earlier this month, where it won the coveted CES ‘Readers’ Choice’ award. More importantly, we recently announced the signing of an OEM agreement with the fastest growing notebook brand, ASUS, to incorporate HyperSpace into its next-generation notebooks.”

First Quarter Fiscal 2009 Financial Summary

Total revenues for the first quarter of fiscal 2009 ended December 31, 2008 were $17.4 million and flat, as compared with $17.4 million in the first fiscal quarter of 2008 ended December 31, 2007. Gross margins for the first fiscal quarter of 2009 were $13.8 million, a $1.5 million or 10% decrease, from gross margins of $15.3 million for the first fiscal quarter of 2008. Gross margin declined despite slightly improved gross margin on both license fee and service fee revenues as a result of the amortization of purchased intangible assets related to the Company’s three acquisitions completed in the second half of fiscal year 2008. Operating expenses for the first fiscal quarter of 2009 were $22.0 million, an increase of 84% as compared with $12.0 million for the first fiscal quarter of 2008. Net loss for the first fiscal quarter of 2009 was $9.3 million, or ($0.33) per share, as compared to net income of $2.5 million, or $0.09 per diluted share, in the year-ago period. The Company ended the first fiscal quarter of 2009 with cash and equivalents of $31.2 million, down from $37.7 million at the end of the fiscal year ended September 30, 2008.

Mr. Hobbs concluded, “Phoenix is pursuing a product strategy that affords it the opportunity to dominate a total addressable market much greater than that of core system software. As such, our focus in fiscal 2009 is to generate new product revenue via partnerships and integration efforts with hardware and software vendors, and we are already demonstrating strong execution on this front. At the same time, the economic climate remains challenging. We are therefore taking a prudent approach to managing the company’s operations in coming quarters and expect to more closely match anticipated revenues to projected expenses going forward while continuing to focus on Phoenix Technologies’ long-term value to the benefit of our shareholders.”

Conference Call Dial-in Details:

The Company will conduct its regularly scheduled quarterly financial announcement conference call today, Tuesday, January 27, 2009 at 5:30 a.m. PT/8:30 a.m. ET. Investors are invited to listen to a live audio web cast of the quarterly conference call on the investor relations section of the Company’s website at www.phoenix.com. A replay of the web cast will be available two hours after the conclusion of the call and will be available for 90 calendar days. Alternatively, investors can listen to the conference call via telephone at: 800-762-8779 (U.S./Canada) or 480-248-5081 (international). An audio replay of the conference call will also be available approximately two hours after the conclusion of the call and will be available until Friday, January 30, 2009. The audio replay can be accessed by dialing 800-406-7325 (U.S./Canada) or 303-590-3030 (international) and entering conference call ID 3963829#.

About Phoenix Technologies

Phoenix Technologies Ltd. (NASDAQ: PTEC) is the global market leader in system firmware that provides the most secure foundation for today’s computing environments. The PC industry’s top system builders and specifiers trust Phoenix to pioneer open standards and deliver innovative solutions that will help them differentiate their systems, reduce time-to-market and increase their revenues. The Company’s flagship products and services — AwardCore, Phoenix SecureCore, Embedded BIOS, Phoenix FailSafe, HyperSpace, BeInSync and eSupport — are revolutionizing the PC user experience by delivering unprecedented performance, security, reliability, continuity, and ease-of-use. The Company established industry leadership and created the PC clone industry with its original BIOS product in 1983. Phoenix has 159 technology patents and 146 pending applications, and has shipped in over one billion systems. Phoenix is headquartered in Milpitas, California with offices worldwide. For more information, visit http://www.phoenix.com.

Phoenix, Phoenix Technologies, AwardCore, Phoenix SecureCore, Embedded BIOS, Phoenix FailSafe, HyperSpace, BeInSync, eSupport and the Phoenix Technologies logo are trademarks and/or registered trademarks of Phoenix Technologies Ltd.

Use of Non-GAAP Financial Information

To supplement Phoenix’s consolidated condensed financial statements presented on a GAAP basis, Phoenix also presents non-GAAP net income (loss) information in this press release. The adjustments in the current quarter consist principally of non-cash stock compensation expense as required according to Statement of Financial Accounting Standards (SFAS 123R) and the amortization of intangible assets. These non-GAAP adjustments, as well as management’s reasons for providing non-GAAP information, are more fully described in the reconciliation between net income (loss) on a GAAP basis and non-GAAP net income (loss) provided in the financial statements which accompany this press release.

Safe Harbor

The statements set forth above include forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended, regarding our ability to improve our financial performance, the continued positive reception of our HyperSpace products, the adequacy of our financial resources, our ability to generate new product revenue in fiscal 2009, our relationships with our partners, and our ability to create long-term shareholder value. These statements involve risk and uncertainties, including: our dependence on key customers; our ability to successfully enhance existing products and develop and market new products and technologies; our ability to achieve profitability; our ability to meet our capital requirements in the long-term and achieve positive cash flow from operations; our ability to attract and retain key personnel; product and price competition in our industry and the markets in which we operate; our ability to successfully compete in new markets where we do not have significant prior experience; our ability to maintain the average selling price of our Core System Software for Netbooks; end-user demand for products incorporating our products and services; the ability of our customers to introduce and market new products that incorporate our products and services; risks associated with any acquisition strategy that we might employ; results of litigation; failure to protect our intellectual property rights; changes in our relationship with leading software and semiconductor companies; the rate of adoption of new operating system and microprocessor design technology; risks associated with our international sales and operating internationally, including currency fluctuations, acts of war or terrorism, and changes in laws and regulations relating to our employees in international locations; whether future restructurings become necessary; our ability to increase the number of volume purchase agreements and pay-as-you-go arrangements with customers; any material weakness in our internal controls over financial reporting; our ability to convert free users to paid customers and retain customers for our subscription services; storage of confidential customer information; our ability to effectively manage our rapid growth; defects or errors in our products and services; consolidation in the industry we operate in; reliance on internet infrastructure; risk associated with usage of open source software; our dependence on third party service providers; changes in financial accounting standards and our cost of compliance; the effects of any software viruses or other breaches of our network security, power shortages and unexpected natural disasters; trends regarding the use of the x86 microprocessor architecture for personal computers and other digital devices; and changes in our effective tax rates. For a further list and description of risks and uncertainties that could cause actual results to differ materially from those contained in the forward looking statements in this release, we refer you to the Company’s filings with the Securities and Exchange Commission, including, but not limited to, its annual report on Form 10-K and quarterly reports on Form 10-Q. All forward-looking statements included in this document are based upon assumptions, forecasts and information available to the Company as of the date hereof, and the Company assumes no obligation to update any such forward-looking statements.

    Investor Relations Contacts:
    Phoenix Technologies Ltd.
    Richard Arnold
    Chief Operating Officer and Chief Financial Officer
    Tel. +1 408 570 1256
    investor_relations@phoenix.com

    The Piacente Group, Investor Relations Counsel
    Sanjay M. Hurry
    Tel. +1 212 481 2050
    phoenix@thepiacentegroup.com

- tables to follow -

                             PHOENIX TECHNOLOGIES LTD.
                       CONDENSED CONSOLIDATED BALANCE SHEETS
                                  (in thousands)

                                                      December      September
                                                      31, 2008       30, 2008

                        Assets
    Current assets:
      Cash and cash equivalents                        $31,219        $37,721
      Accounts receivable, net of allowances             4,889          6,246
      Other assets - current                             8,851          8,190
        Total current assets                            44,959         52,157

    Property and equipment, net                          4,988          4,125
    Purchased technology and other intangible
     assets, net                                        21,280         22,323
    Goodwill                                            55,183         54,943
    Other assets - noncurrent                            3,132          2,994
        Total assets                                  $129,542       $136,542

         Liabilities and stockholders' equity
    Current liabilities:
      Accounts payable                                  $3,413         $2,855
      Accrued compensation and related
       liabilities                                       3,466          6,050
      Deferred revenue                                  15,054         15,010
      Income taxes payable - current                     3,634          4,099
      Accrued restructuring charges - current              354            658
      Other liabilities - current                        9,845         10,318
        Total current liabilities                       35,766         38,990

    Accrued restructuring charges - noncurrent              49              8
    Income taxes payable - noncurrent                   14,680         13,629
    Other liabilities - noncurrent                       2,666          2,508
        Total liabilities                               53,161         55,135

    Stockholders' equity:
      Preferred stock                                        -              -
      Common stock                                          30             29
      Additional paid-in capital                       239,495        235,562
      Accumulated deficit                              (71,130)       (61,786)
      Accumulated other comprehensive loss                 (47)          (466)
      Less: Cost of treasury stock                     (91,967)       (91,932)
        Total stockholders' equity                      76,381         81,407
        Total liabilities and stockholders'
         equity                                       $129,542       $136,542

    See notes to unaudited condensed consolidated financial statements

                            PHOENIX TECHNOLOGIES LTD.
                 CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS
                    (in thousands, except per share amounts)
                                   (unaudited)

                                              Three months ended
                                       December      September      December
                                       31, 2008       30, 2008      31, 2007
    Revenues:
      License fees                      $14,484        $17,249       $15,409
      Subscription fees                     448            112             -
      Service fees                        2,434          2,641         1,955
          Total revenues                 17,366         20,002        17,364

    Cost of revenues:
      License fees                           88             98           159
      Subscription fees                     306            144             -
      Service fees                        2,038          2,186         1,798
      Amortization of purchased
       technology                         1,143            828            71
          Total cost of revenues          3,575          3,256         2,028

    Gross Margin                         13,791         16,746        15,336

    Operating expenses:
      Research and development           10,867          9,591         5,103
      Sales and marketing                 5,409          4,384         2,871
      General and administrative          5,636          6,291         3,927
      Restructuring                          93             57            69
          Total operating expenses       22,005         20,323        11,970

    Income (loss) from operations        (8,214)        (3,577)        3,366

    Interest and other income, net          270          1,000           677
    Income (loss) before income
     taxes                               (7,944)        (2,577)        4,043

    Income tax expense                    1,399          1,993         1,551
    Net income (loss)                   $(9,343)       $(4,570)       $2,492

    Earnings (loss) per share:
      Basic                              $(0.33)        $(0.16)        $0.09
      Diluted                            $(0.33)        $(0.16)        $0.09

    Shares used in earnings (loss) per share
     calculation:
      Basic                              28,371         27,936        27,149
      Diluted                            28,371         27,936        28,961

    See notes to unaudited condensed consolidated financial statements

                            PHOENIX TECHNOLOGIES LTD.
                 CONDENSED CONSOLIDATED STATEMENTS OF CASH FLOWS
                                  (in thousands)
                                   (unaudited)
                                               Three months ended
                                       December      September      December
                                       31, 2008       30, 2008      31, 2007
    Cash flows from operating activities:
      Net income (loss)                 $(9,343)       $(4,570)       $2,492
      Reconciliation to net cash
       provided by (used in)
       operating activities:
        Depreciation and
         amortization                     1,618          1,305           550
        Stock-based
         compensation                     3,131          4,010         1,022
        Other non cash
         charges                              -             79             -
        Loss from disposal
         of fixed assets                      -             (7)           33
        Change in
         operating
         assets and
         liabilities:
          Accounts receivable             1,350         (1,245)        1,319
          Prepaid royalties and
           maintenance                     (142)           (15)           29
          Other assets                     (642)           327           332
          Accounts payable                  569            681           174
          Accrued compensation
           and related
           liabilities                   (2,527)         1,094          (933)
          Deferred revenue                   45            444           197
          Income taxes                      599          1,306         1,452
          Accrued restructuring
           charges                         (256)           (28)       (1,230)
          Other accrued
           liabilities                     (440)           126           530
          Net cash provided by
           (used in) operating
           activities                    (6,038)         3,507         5,967

    Cash flows from
     investing
     activities:
      Purchases of property and
       equipment and other
       intangible assets                 (1,304)        (1,137)         (615)
      Acquisition of businesses,
       net of cash acquired                (204)       (11,200)            -
          Net cash used in
           investing activities          (1,508)       (12,337)         (615)

    Cash flows from
     financing
     activities:
      Proceeds from stock
       purchases under
       stock option and stock
       purchase
       plans                                804            803         2,195
      Repurchase of common stock            (35)          (254)            -
      Principal payments under
       capital
       lease obligations                     (2)             -             -
          Net cash provided by
           financing activities             767            549         2,195

    Effect of changes
     in exchange rates                      277            (99)           47
      Net increase (decrease) in
       cash
       and cash equivalents              (6,502)        (8,380)        7,594
      Cash and cash equivalents at
       beginning of period               37,721         46,101        62,705
    Cash and cash equivalents at
     end of period                      $31,219        $37,721       $70,299

    See notes to  unaudited condensed consolidated financial statements

                                PHOENIX TECHNOLOGIES LTD.
                   RECONCILIATION OF GAAP TO NON-GAAP NET INCOME (LOSS) AND
                              NET EARNINGS (LOSS) PER SHARE
                          (in thousands, except per share data)
                                      (unaudited)

                                                Three months ended
                                         December      September      December
                                         31, 2008       30, 2008      31, 2007

    GAAP net income (loss)                $(9,343)       $(4,570)       $2,492

    Equity-based compensation
     expense under SFAS No. 123(R)     (1)  3,131          4,010         1,022

    Restructuring                      (2)     93             57            69

    Amortization of purchased
     intangible assets                 (3)  1,143            828            71

    Non-GAAP net income (loss)            $(4,976)          $325        $3,654

    Non-GAAP earnings (loss) per
     share:
                          Basic            $(0.18)         $0.01         $0.13
                          Diluted          $(0.18)         $0.01         $0.13

    Shares used in earnings (loss)
     per share calculation:
                          Basic            28,371         27,936        27,149
                          Diluted          28,371         29,460        28,961

        These adjustments reconcile the Company's GAAP net income (loss) to
        the reported non-GAAP net income (loss). The Company believes that
        presentation of net income (loss) and net income (loss) per share
        excluding equity-based compensation,  restructuring costs, and
        amortization of purchased intangible assets provides meaningful
        supplemental information to investors, as well as management, that is
        indicative of the Company's core operating results and facilitates
        comparison of operating results across reporting periods as well as
        comparison with other companies. The Company uses these non-GAAP
        measures when evaluating its financial results as well as for internal
        planning and budgeting purposes. Equity-based compensation is
        excluded from non-GAAP results because management believes it is
        useful to investors to understand how the expenses associated with
        SFAS No. 123(R) are reflected in net income (loss).  Restructuring
        costs are excluded from non-GAAP financial results since they may not
        be considered directly related to our ongoing business operations.
        Amortization of purchased intangible assets, principally purchased
        technology, is excluded from non-GAAP financial results since it
        generally cannot be changed by management after an acquisition has
        occurred.  These non-GAAP measures should not be viewed as a
        substitute for the Company's GAAP results, and may be different than
        non-GAAP measures used by other companies.

    (1) This represents equity-based compensation expense related to the
        Company's adoption of SFAS No. 123(R) beginning October 1, 2005.
        For the three months ended December 31, 2008,  equity-based
        compensation was $3.1 million, allocated as follows:  $0.2 million
        to cost of revenues, $0.9 million to research and development, $0.4
        million to sales and marketing and $1.6 million to general and
        administrative.  For the three months ended September 30, 2008,
        equity-based compensation was $4.0 million, allocated as follows:
        $0.2 million to cost of revenues, $1.1 million to research and
        development, $0.5 million to sales and marketing and $2.2 million to
        general and administrative. For the three months ended December 31,
        2007, non-cash equity-based compensation was $1.0 million, allocated
        as follows: $0.1 million to cost of goods sold, $0.2 million to
        research and development, $0.2 million to sales and marketing and
        $0.5 million to general and administrative.  Management believes
        that it is useful to investors to understand how the expenses
        associated with the adoption of SFAS No. 123(R) are reflected in net
        income.

        The quarter ended March 31, 2008 is the first quarter during in which
        the Company reported equity-based compensation expense under SFAS No.
        123(R) in respect of stock options granted to the Company's four most
        senior executives as approved by the Company's stockholders on
        January 2, 2008 (the "Performance Options").  Of the $3.1 million of
        equity-based compensation for the three months ended December 31,
        2008, $1.6 million was due to equity-based compensation expense which
        resulted from the grant of the Performance Options. Of the $4.0
        million of equity-based compensation for the three months ended
        September 30, 2008, $2.0 million was due to equity-based compensation
        expense which resulted from the grant of the Performance Options.
        There was no such expense recorded during the three months period
        ended December 31, 2007.

    (2) The Company has incurred restructuring expenses, included in its GAAP
        presentation of operating expenses, primarily due to workforce
        related charges such as payments for severance and benefits and
        estimated costs of exiting and terminating facility lease commitments
        related to formal restructuring plans approved by the Board of
        Directors in June 2006, September 2006, November 2006 and September
        2007.  For the three months ended December 31, 2008,  costs related
        to exiting and terminating facilities leases totaled approximately
        $0.1 million due mainly to changes in the projected operating
        expenses over the remaining term of the leases.  For the three months
        ended September 30, 2008,  costs related to exiting and terminating
        facilities leases totaled approximately $0.1 million due mainly to an
        increase in the fiscal year 2003 restructuring reserve for the Irvine
        facility by $0.1 million due to projected increased operating
        expenses over the remaining term of the lease.  For the three months
        ended December 31, 2007, severance and benefits totaled $0.1 million
        and cost related to exiting and terminating 2 facility lease totaled
        $0.1 million.  These costs were partly offset when the Company
        decreased its fiscal year 2003 restructuring reserve for the Irvine
        facility by $0.1 million due to projected income from the signing of
        a new sublease over the remaining term of the lease.  The Company
        believes that these items do not reflect expected future operating
        expenses nor does the Company believe that they provide a meaningful
        evaluation of current versus past operational performance.

    (3) This represents amortization of purchased intangible assets,
        principally purchased technology, in accordance with SFAS No. 144,
        "Accounting for the Impairment or Disposal of Long-Lived Assets"
        ("SFAS No. 144") and SFAS No. 86, "Accounting for the Costs of
        Computer Software to Be Sold, Leased, or Otherwise Marketed" ("SFAS
        No. 86").  For the three months ended December 31, 2008, amortization
        of purchased intangible assets was $1.1 million allocated to cost of
        goods sold, which includes the amortization of the acquired assets
        from recent acquisitions.  For the three months ended September 30,
        2008, amortization of purchased intangible assets was $0.8 million
        allocated to cost of goods sold, which includes the amortization of
        the acquired assets from recent acquisitions.   For the three months
        ended December 31, 2007, amortization of purchased intangible assets
        was $0.1 million allocated to cost of revenues.   Future acquisitions
        may cause amortization expenses to be higher than these amounts.

SOURCE Phoenix Technologies Ltd.


Source: newswire