EX-99 2 net20090128exh99.htm NETWORK EQUIPMENT TECHNOLOGIES, INC. Network Equipment Technologies, Inc.



Exhibit 99.1


NETWORK EQUIPMENT TECHNOLOGIES ANNOUNCES
FINANCIAL RESULTS FOR THIRD QUARTER OF FISCAL 2009


Fremont, CA  January 28, 2009 – Network Equipment Technologies, Inc. (“NET,” NYSE: NWK) announced today its results for the third quarter of fiscal 2009, ended December 26, 2008.

Total revenue in the third quarter was $19.0 million, up 3% from the prior quarter and down 35% from the third quarter of fiscal 2008.  Government revenue was $15.3 million in the third quarter, an increase of 14% sequentially and a decrease of 37% from the third quarter of the prior fiscal year.

Net income in the third quarter, attributable to gains from the early retirement of convertible bonds, was $13.1 million or $0.42 per share. In the prior quarter, the company reported a net loss of $47.5 million or $1.66 per share, due primarily to impairment charges. In the third quarter last fiscal year, net income was $1.5 million or $0.05 per share.

On a non-GAAP basis excluding items noted below, net loss in the third quarter was $3.2 million or $0.11 per share, compared to net loss of $8.1 million or $0.28 per share in the prior quarter, and net income of $2.6 million, or $0.09 per share in the third quarter of fiscal 2008.  Non-GAAP net income and loss were calculated by excluding the impairment of goodwill and other intangible assets, non-cash stock-based compensation expense, amortization of intangible assets from our acquisition of Quintum, accretion, and other restructure charges resulting from severance and vacating our former manufacturing facility; as well as excluding the gain on the retirement of debt by the repurchase of convertible bonds. Refer to the table below for reconciliation of GAAP to non-GAAP net income and loss.

Cash and investment balances at the end of the quarter were $101.6 million, down $30.0 million from the end of the prior quarter. During the third quarter, the company used $23.1 million for the buyback of convertible bonds and $311,000 for the repurchase of shares of its common stock. Following the buybacks, the company now has outstanding $13.0 million of its 3 3/4% convertible senior notes and $23.7 million of its 7 1/4% convertible subordinated debentures.

“We see our greatest near term opportunity emerging in VoIP applications for unified communications in both the enterprise and government markets.  Our VoIP products are being used in an increasing number of pilots globally.  Working with our growing base of channel partners, we are actively pursuing new opportunities and converting successful pilots into larger deployments,” said president and CEO C. Nicholas Keating, Jr.  “Although we are gaining traction with our pilot programs, we believe that the uncertain economy and continued delays in some government programs will affect our customers’ spending through at least the first half of calendar 2009.  As a result, we will continue to look for further opportunities to improve efficiencies and trim expenses.”

Conference Call Information:

The company will be hosting a conference call today to discuss these results at 4:30 p.m. ET. Please dial (866) 700-0133 or (617) 213-8831 and provide conference ID# 38799965 to access the call. The conference call will also be broadcast from the company’s website.

A recording of the conference call will be provided by telephone and the Internet beginning two hours after completion of the call. The replay may be accessed by telephone through midnight on February 4, 2009; please dial (888) 286-8010 or (617) 801-6888 and enter conference ID# 42424438.  A digital recording will be available on the company's website for one year.

About Network Equipment Technologies, Inc.

Network Equipment Technologies, Inc. (NET) provides network and VoIP solutions to enterprises and government agencies that seek to reduce the cost to deploy next generation unified and secure communications applications. For a quarter of a century, NET has delivered solutions for multi-service networks requiring high degrees of versatility, security and performance. Today, the company’s broad family of products enables interoperability and integration with existing networks for migration to secure IP-based communications. Broadening NET’s voice solutions, Quintum Technologies, now a part of NET, is a VoIP innovator whose applications bring the reliability and clarity of public telephone networks to Internet telephony and unified communications. NET is headquartered in Fremont, CA and has 14 offices worldwide including the US, the UK, France, the Middle East, China, Japan, Australia, and Latin America.  The company sells its solutions through a direct sales force and an international network of resellers and distributors.  For more information, visit www.net.com.

Use of Non-GAAP Financial Information

To supplement the company's condensed consolidated financial statements presented in accordance with GAAP, NET has provided certain non-GAAP net income (loss) financial measures that adjust for the company’s impairment charge for goodwill and other intangible assets, non-cash stock-based compensation expense, amortization of intangible assets from our acquisition of Quintum, accretion and other restructure charges resulting from severance and vacating our former manufacturing facility, and the gain on extinguishment of debt. These non-GAAP measures may include net income (loss) and net income (loss) per share data that are adjusted from results based on GAAP to exclude certain expenses, gains and losses. These non-GAAP measures are provided to enhance investors' overall understanding of the company's current financial performance and the company's prospects for the future. NET believes the non-GAAP measures provide useful information to both management and investors by excluding certain expenses that may not be indicative of its core operating results and reflect NET’s ongoing business in a manner that allows meaningful period-to-period comparisons. These measures should be considered in addition to results prepared in accordance with GAAP, but should not be considered a substitute for, or superior to, GAAP results. The non-GAAP measures included in this press release have been reconciled to the GAAP results in the attached tables.

Forward-Looking Statements

This press release contains forward-looking statements (within the meaning of the safe harbor provisions of Section 21E of the Securities Exchange Act of 1934) relating to possible future operating results, including operating expenses and cash flows. Investors are cautioned that such statements are based on current expectations, forecasts and assumptions that involve risks and uncertainty that may cause actual results to differ materially from those expressed or implied in the forward-looking statements. Factors that could affect such results include federal government budget matters and procurement decisions, the timing of orders, market acceptance for our new products, timely completion of product development initiatives, relations with and performance by third-party technology providers, new competition and technological changes, success in building new sales channels, circumstances regarding specific sales that can affect the recognition of revenue, and the progression of patent litigation, as well as the factors identified in Network Equipment Technologies' most recent Annual Report on Form 10-K and subsequent reports filed with the Securities and Exchange Commission. Network Equipment Technologies disclaims any intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.


# # #









NETWORK EQUIPMENT TECHNOLOGIES, INC.
CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS
(In thousands, except per share amounts)

(unaudited)


 

Quarter Ended

Nine Months Ended

 

 

December
26, 2008

 

 

 

December
28, 2007

 

 

 

December
26, 2008

 

 

 

December
28, 2007

 

Revenue:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Product

$

15,304

 

 

$

25,480

 

 

$

42,001

 

 

$

72,424

 

Service

 

3,668

 

 

 

3,559

 

 

 

11,060

 

 

 

10,288

 

Total revenue

 

18,972

 

 

 

29,039

 

 

 

53,061

 

 

 

82,712

 

Costs of revenue:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Cost of product revenue (1)

 

6,841

 

 

 

11,672

 

 

 

35,530

 

 

 

31,061

 

Cost of service revenue

 

3,529

 

 

 

3,052

 

 

 

11,006

 

 

 

8,933

 

Total cost of revenue

 

10,370

 

 

 

14,724

 

 

 

46,536

 

 

 

39,994

 

Gross margin

 

8,602

 

 

 

14,315

 

 

 

6,525

 

 

 

42,718

 

Operating expenses:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Sales and marketing

 

5,159

 

 

 

5,076

 

 

 

16,599

 

 

 

14,279

 

Research and development

 

5,123

 

 

 

5,783

 

 

 

17,251

 

 

 

17,751

 

General and administrative

 

2,872

 

 

 

2,774

 

 

 

9,885

 

 

 

8,300

 

Restructure and other costs

 

1,420

 

 

 

27

 

 

 

1,814

 

 

 

79

 

Impairment of goodwill and long-lived assets

 

 

 

 

 

 

 

34,197

 

 

 

 

Total operating expenses

 

14,574

 

 

 

13,660

 

 

 

79,746

 

 

 

40,409

 

Income (loss) from operations

 

(5,972

)

 

 

655

 

 

 

(73,221

)

 

 

2,309

 

Other income, net

 

322

 

 

 

254

 

 

 

299

 

 

 

247

 

Interest (expense) income, net

 

35

 

 

 

676

 

 

 

(212

)

 

 

2,043

 

Gain on extinguishment of debt

 

18,776

 

 

 

 

 

 

28,927

 

 

 

 

Income (loss) before taxes

 

13,161

 

 

 

1,585

 

 

 

(44,207

)

 

 

4,599

 

Income tax provision

 

61

 

 

 

47

 

 

 

15

 

 

 

206

 

Net income (loss)

$

13,100

 

 

$

1,538

 

 

$

(44,222

)

 

$

4,393

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Per share amounts

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Net income (loss):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Basic

$

0.45

 

 

$

0.06

 

 

$

(1.53

)

 

$

0.16

 

Diluted

$

0.42

 

 

$

0.05

 

 

$

(1.53

)

 

$

0.16

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Common and common equivalent shares:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Basic

 

28,847

 

 

 

27,779

 

 

 

28,856

 

 

 

26,939

 

Diluted

 

32,500

 

 

 

28,858

 

 

 

28,856

 

 

 

27,997

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



(1) Includes charges for impairment of goodwill and long-lived assets of $9.7 million for the nine months ended December 26, 2008.








NETWORK EQUIPMENT TECHNOLOGIES, INC.
CONDENSED CONSOLIDATED BALANCE SHEETS
(in thousands)


 

 

December
26, 2008

(unaudited)

 

 

March
28, 2008

(1)

 

Current assets:

 

 

 

 

 

 

Cash and investments

$

100,440

 

$

165,658

 

Restricted cash

 

1,150

 

 

 

Accounts receivable, net

 

12,009

 

 

23,174

 

Inventories

 

7,953

 

 

9,986

 

Prepaid expenses and other assets

 

11,138

 

 

8,031

 

Total current assets

 

132,690

 

 

206,849

 

 

 

 

 

 

 

 

Property and equipment, net

 

7,254

 

 

9,459

 

Goodwill and purchased intangibles, net

 

 

 

41,317

 

Other assets

 

4,646

 

 

11,708

 

Total assets

$

144,590

 

$

269,333

 

Liabilities and Stockholders’ Equity

 

 

 

 

 

 

Accounts payable

$

6,118

 

$

9,968

 

Other current liabilities

 

14,629

 

 

17,821

 

Total current liabilities

 

20,747

 

 

27,789

 

 

 

 

 

 

 

 

Long-term liabilities

 

5,424

 

 

6,295

 

3 ¾% convertible senior notes

 

13,000

 

 

85,000

 

7 ¼% redeemable convertible subordinated debentures

 

23,706

 

 

24,706

 

Stockholders’ equity

 

81,713

 

 

125,543

 

Total liabilities and stockholders’ equity

$

144,590

 

$

269,333

 



(1) Derived from audited consolidated financial statements as of March 28, 2008.








NETWORK EQUIPMENT TECHNOLOGIES, INC.
GAAP TO NON-GAAP NET INCOME (LOSS) RECONCILIATION
(Unaudited – in thousands, except per share data)


 

 

Quarter Ended

 

 

Nine Months Ended

 

 

 

December
26, 2008

 

 

December
28, 2007

 

 

December
26, 2008

 

 

December
28, 2007

 

 

 

 

GAAP net income (loss)

$

13,100

 

$

1,538

 

$

(44,222

)

$

4,393

 

Stock based compensation expense:

 

 

 

 

 

 

 

 

 

 

 

 

Cost of product revenue

 

71

 

 

51

 

 

221

 

 

120

 

Cost of service revenue

 

85

 

 

37

 

 

229

 

 

97

 

Sales and marketing

 

312

 

 

189

 

 

950

 

 

471

 

Research and development

 

277

 

 

136

 

 

824

 

 

315

 

General and administrative

 

352

 

 

356

 

 

1,245

 

 

1,058

 

Acquisition related amortization of acquired intangibles

 

 

 

 

 

 

 

 

 

 

 

 

Cost of product revenue

 

 

 

145

 

 

592

 

 

145

 

Sales and marketing

 

 

 

29

 

 

663

 

 

29

 

General and administrative

 

 

 

17

 

 

88

 

 

17

 

Impairment of goodwill and long-lived assets

 

 

 

 

 

43,938

 

 

 

Restructure related:

 

 

 

 

 

 

 

 

 

 

 

 

General and administrative, accretion of discount on future cash flows from subleases

 

 

 

69

 

 

77

 

 

226

 

Restructure and other:

 

 

 

 

 

 

 

 

 

 

 

 

Costs to vacate former manufacturing facility

 

1,130

 

 

 

 

1,130

 

 

31

 

Other, primarily severance

 

290

 

 

27

 

 

673

 

 

48

 

Other income/(expense) gain on extinguishment of debt

 

(18,776

)

 

 

 

(28,927

)

 

 

Income tax effect

 

 

 

(11

)

 

 

 

(56

)

Non-GAAP net income (loss)

$

(3,159

)

$

2,583

 

 

(22,519

)

 

6,894

 

Non-GAAP net income (loss) per share data:

 

 

 

 

 

 

 

 

 

 

 

 

Basic

$

(0.11

)

$

0.09

 

$

(0.78

)

$

0.26

 

Diluted

$

(0.11

)

$

0.09

 

$

(0.78

)

$

0.25

 

Common and common equivalent shares:

 

 

 

 

 

 

 

 

 

 

 

 

Basic

 

28,847

 

 

27,779

 

 

28,856

 

 

26,939

 

Diluted

 

28,847

 

 

28,858

 

 

28,856

 

 

27,997