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Liberate Announces Financial Results for Quarter Ended August 31,
2004
Conference Call October 12, 2004, at 2:00 p.m. Pacific Time
SAN MATEO, Calif., Oct. 12 /PRNewswire-FirstCall/ -- Liberate Technologies
(Pink Sheets: LBRT), a leading provider of software for digital cable systems,
announced financial results for its first fiscal quarter ended August 31, 2004.
Liberate's revenues for its first fiscal quarter were $1.1 million, compared to
$1.5 million for the same quarter of the prior fiscal year. The net loss for
the quarter was $12.3 million, or $0.12 per share, compared to a loss of $12.6
million, or $0.12 per share, for the same quarter of the prior fiscal year.
The loss in the current year includes a charge of $4.4 million for excess
facilities related to the Company's former headquarters in San Carlos,
California.
As of August 31, 2004, Liberate had cash and cash equivalents of $210.0
million, a decrease of $5.9 million during the quarter. In addition to cash
and cash equivalents, the Company had $10.9 million in restricted cash held as
security for office leases.
"We continue to push ahead with our goals of restructuring the Company and
growing revenues," said David Lockwood, Chairman and CEO of Liberate. "We are
pleased with the commitments to our technology that have been made by Cox, NTL
and Telewest. While we are disappointed with the dismissal of our bankruptcy
case and have appealed the ruling, we are making progress on our restructuring
efforts. We are delighted that the SEC staff has completed its investigation
into the events that led to the restatement of our financial statements and has
recommended no enforcement action against the Company. In addition, during the
quarter, we made progress toward resolving the shareholder class-action
litigation."
Condensed Consolidated Financial Statements - Basis of Presentation
Because the Chapter 11 bankruptcy case was still pending as of August 31, 2004,
we have prepared the attached unaudited condensed consolidated financial
statements in accordance with the provisions of Statement of Position 90-7,
"Financial Reporting by Entities in Reorganization under the Bankruptcy Code"
("SOP 90-7"), which does not significantly change the application of accounting
principles generally accepted in the United States. However, it does require
that the financial statements for periods including and subsequent to filing
the Chapter 11 petition distinguish transactions and events that are directly
associated with the reorganization from the ongoing operations of the business.
Please see our report on Form 10-Q for the quarter ended August 31, 2004 for
additional information regarding the application of SOP 90-7 to Liberate's
unaudited condensed consolidated financial statements.
Conference Call
Liberate has scheduled a conference call on October 12, 2004, at 2:00 p.m.
Pacific Time. The call-in number is 800-266-1825. A replay of the call will be
available until October 19, 2004 on either 402-977-9140 or 800-633-8284,
reservation code 21210335. The conference call can also be accessed via live
webcast at Liberate's website (http://www.liberate.com/) and will remain
available for replay.
About Liberate Technologies
Liberate Technologies is a leading provider of software for digital cable
systems. Based on industry standards, Liberate's software enables cable
operators to run multiple services -- including High-Definition Television,
Video on Demand, and Personal Video Recorders -- on multiple platforms.
Headquartered in San Mateo, California, Liberate has offices in Ontario,
Canada, and the United Kingdom.
NOTE: Liberate and the Liberate design are registered trademarks of Liberate
Technologies. Other product names used in association with these registered
trademarks are trademarks of Liberate Technologies.
"Safe Harbor" Statement under the Private Securities Litigation Reform Act of
1995
Those statements above that involve expectations or intentions (such as those
related to the SEC staff's stated intention to recommend no enforcement action
against Liberate, future business or financial performance, the outcome of
pending litigation and the Chapter 11 appeal, or anticipated corporate or
commercial activities) are forward-looking statements and are not guarantees of
future performance. Factors that could cause actual results to differ
materially from these forward-looking statements include, but are not limited
to, the following: future decisions by the SEC or other governmental or
regulatory bodies; uncertainty in the market for interactive television
services and dependence on a limited number of cable network operators;
business disruption resulting from Liberate's restatement and related
litigation; necessary adjustments related to recent restructuring; and other
uncertainties related to litigation and the Chapter 11 appeal, and other risks
outlined in Liberate's filings with the Securities and Exchange Commission.
Liberate disclaims any intention or obligation to update or revise any
forward-looking statements, whether as a result of new information, future
events or otherwise.
CONTACT:
Greg Wood
Chief Financial Officer
Liberate Technologies
650-645-4003
LIBERATE TECHNOLOGIES
(DEBTOR-IN-POSSESSION)
CONDENSED CONSOLIDATED BALANCE SHEETS
(In thousands)
Unaudited
August 31, May 31,
2004 2004
Assets
Current assets:
Cash and cash equivalents $209,971 $215,877
Accounts receivable, net 3,958 3,143
Prepaid expenses and other current assets 1,696 1,817
Total current assets 215,625 220,837
Property and equipment, net 1,776 1,851
Deferred costs related to warrants 2,687 3,583
Restricted cash 10,866 10,869
Other assets 147 268
Total assets $231,101 $237,408
Liabilities and Stockholders' Equity
Current liabilities:
Accounts payable $1,649 $686
Accrued liabilities 4,459 3,234
Accrued payroll and related expenses 379 370
Short-term borrowing from bank -- 608
Deferred revenues 6,489 6,137
Total current liabilities 12,976 11,035
Long-term excess facilities charges 401 631
Total liabilities not subject to compromise 13,377 11,666
Liabilities subject to compromise 40,571 36,806
Total liabilities 53,948 48,472
Stockholders' equity:
Common stock 1,057 1,055
Contributed and paid-in-capital 1,502,992 1,503,113
Deferred stock-based compensation (7,946) (8,453)
Accumulated other comprehensive loss (1,954) (2,112)
Accumulated deficit (1,316,996) (1,304,667)
Total stockholders' equity 177,153 188,936
Total liabilities and
stockholders' equity $231,101 $237,408
LIBERATE TECHNOLOGIES
(DEBTOR-IN-POSSESSION)
CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS
(In thousands, except per share data)
Unaudited
Three months ended
August 31,
2004 2003
Revenues:
License and royalty $219 $(924)
Service 929 2,469
Total revenues 1,148 1,545
Cost of revenues:
License and royalty 16 151
Service 1,379 1,443
Total cost of revenues 1,395 1,594
Gross margin (247) (49)
Operating expenses:
Research and development 3,842 3,667
Sales and marketing 601 1,429
General and administrative 1,949 4,181
Amortization of deferred
costs related to warrants -- 804
Restructuring costs -- 480
Amortization and impairment
of intangible assets -- 22
Amortization of deferred
stock-based compensation -- 10
Excess facilities charges
and related asset impairment 4,416 --
Total operating expenses 10,808 10,593
Loss from operations (11,055) (10,642)
Reorganization items, net (1,731) --
Interest income, net 476 617
Other expense, net (61) (375)
Loss from continuing operations
before income tax provision (12,371) (10,400)
Income tax provision 38 103
Loss from continuing operations (12,409) (10,503)
Loss from discontinued operations -- (2,083)
Gain on sale of discontinued operations 80 --
Net loss $(12,329) $(12,586)
Basic and diluted loss per share:
Continuing operations $(0.12) $(0.10)
Discontinued operations -- $(0.02)
Basic and diluted net loss per share $(0.12) $(0.12)
Shares used in computing
basic and diluted net loss per share 105,623 104,006
LIBERATE TECHNOLOGIES
(DEBTOR IN POSSESSION)
CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS
(In thousands, except per share data)
Unaudited
Three months ended
Aug. 31, May 31, Feb. 29, Nov. 30,
2004 2004 2004 2003
Revenues:
License and royalty $219 $1,412 $(54) $(697)
Service 929 2,765 1,756 1,885
Total revenues 1,148 4,177 1,702 1,188
Cost of revenues:
License and royalty 16 32 206 208
Service 1,379 957 1,549 1,368
Total cost of revenues 1,395 989 1,755 1,576
Gross margin (247) 3,188 (53) (388)
Operating expenses:
Research and development 3,842 3,989 5,022 3,647
Sales and marketing 601 (129) 703 1,004
General and administrative 1,949 939 3,667 4,479
Amortization of deferred
costs related to warrants -- -- -- 1,027
Restructuring costs -- (41) 86 881
Impairment of warrants -- -- -- 4,969
Excess facilities charges
and related asset impairment 4,416 3,429 -- 593
Total operating expenses 10,808 8,187 9,478 16,600
Loss from operations (11,055) (4,999) (9,531) (16,988)
Reorganization items, net (1,731) (304) -- --
Interest income, net 476 513 504 573
Other income (expense), net (61) (106) 1,184 (173)
Loss from continuing
operations before income
tax provision (12,371) (4,896) (7,843) (16,588)
Income tax provision (benefit) 38 157 (122) --
Loss from continuing
operations (12,409) (5,053) (7,721) (16,588)
Loss from discontinued operations -- -- -- (992)
Gain on sale of discontinued
operations 80 252 249 9,037
Net loss $(12,329) $(4,801) $(7,472) $(8,543)
Basic and diluted income
(loss) per share:
Continuing operations $(0.12) $(0.05) $ (0.07) $(0.16)
Discontinued operations, basic $-- $-- $-- $0.08
Discontinued operations, diluted $-- $-- $-- $0.07
Basic and diluted net
loss per share $(0.12) $(0.05) $ (0.07) $(0.08)
Shares used in computing
basic net loss per share 105,623 105,495 105,204 104,515
DATASOURCE: Liberate Technologies
CONTACT: Greg Wood, Chief Financial Officer of Liberate Technologies,
+1-650-645-4003, or
Web site: http://www.liberate.com/