Attached files

file filename
8-K - FORM 8-K - FALCONSTOR SOFTWARE INCform8k-q42015.htm


Exhibit 99.1
 

For more information, contact:
FalconStor Software, Inc.
Melissa Keir, Investor Relations
631-773-4334
melissa.keir@falconstor.com

FalconStor Software Announces Fourth Quarter 2015 Results

MELVILLE, N.Y., February 16, 2016—FalconStor Software®, Inc. (NASDAQ: FALC), a market leader in software-defined storage, today announced financial results for its fourth quarter ended December 31, 2015.

"Our strategy for 2015 was to launch our flagship product FreeStor® and execute upon a three-pronged, go-to-market plan which included OEMs, Managed and Cloud Service Providers and enterprise customers. We believe we over-achieved our go-to-market objectives which have resulted in adoption and accolades for the FreeStor product,” said Gary Quinn, President and Chief Executive Officer. “We continue to deliver improved go-to-market metrics while innovating more and increasing the demand and awareness in the marketplace for FreeStor. We believe 2015 was the end of the transition for the Company and 2016 will begin to provide the results of an emerging software-defined storage leader."

Financial Highlights:
Total revenue for the fourth quarter was $9.4 million compared with revenue of $9.7 million in the third quarter of 2015 and compared with $11.8 million in the fourth quarter of 2014.
Total bookings for the fourth quarter increased 14% to $10.0 million compared with $8.8 million in the third quarter of 2015, and compared with $13.6 million in the fourth quarter of 2014. On a constant currency basis our fourth quarter 2015 bookings totaled $10.5 million compared with $9.3 million in the third quarter of 2015.
In the fourth quarter of 2015 approximately 80% of our total bookings were ratable as compared with 81% in the fourth quarter of 2014.  For all of fiscal 2015, approximately 81% of our total bookings were ratable compared with 77% in fiscal year 2014.
In the fourth quarter of 2015 approximately 49% of our total product bookings were ratable compared with 57% in the fourth quarter of 2014.  For all of fiscal 2015, approximately 56% of our total product bookings were ratable compared with 46% in fiscal year 2014.
Our deferred revenue balance as of December 31, 2015 increased 2% compared with December 31, 2014 when excluding the impact of our joint-development agreement. Our deferred revenue balance as of December 31, 2015 sequentially increased 4% compared with September 30, 2015.
The Company closed the quarter with $13.4 million of cash, cash equivalents and marketable securities, compared with $21.8 million at December 31, 2014.
Non-GAAP operating expenses decreased 9% compared with the third quarter of 2015 and 25% when compared with the fourth quarter of 2014. Those non-GAAP expenses totaled $10.7 million in the fourth quarter of 2015, compared with non-GAAP expenses of $11.8 million in the third quarter of 2015 and non-GAAP expenses of $14.0 million in the fourth quarter of 2014.
Non-GAAP gross margins were 77% in the fourth quarter of 2015, compared with non-GAAP gross margins of 75% in the third quarter of 2015 and 78% in the fourth quarter of 2014.

Business Highlights:
During the quarter, FreeStor was named “2015 Product of the Year” by the SVC Awards (Virtualization/ Software-Defined Storage) and was the “2015 Storage Company of the Year” runner-up. FreeStor was the “2015 SDS Product of the Year” by DoIT, as well as the “2015 SDS Product of the Year” by ZDNet. Finally, FreeStor was the “2015 SDS Product of the Year” by IT168.com.  FreeStor is also in consideration for additional awards to be announced in February and March 2016.
During the quarter the Company announced the addition of industry leaders from the analyst community with Jimmie Chang - Director Marketing Asia along with the addition of Farid Yavari a visionary and architect for storage from eBay.  These additions are a tribute to the success that FreeStor is achieving and the belief that the future of software-defined storage resides in the future of FreeStor.
The Company was present and speaking at numerous events throughout the globe: VMworld Barcelona, Oracle OpenWorld, OpenStack - Tokyo, Gartner Symposium and Gartner DC Conference.

1



The Company announced the availability of its OpenStack Cinder driver to bring the FreeStor offering to the open source community.
The Company continues to increase the awareness and demand for the FreeStor offering with new indicators from TrendKite showing that FreeStor and the Company enjoyed a 65% year-over-year increase in press and media coverage.  FreeStor and the Company's “Share of Voice” increased by 145% relative to key competitors according to TrendKite, as well as a 176% year-over year increase in brand awareness according to Nielsen Ratings.

Financials

Total revenue for the fourth quarter of 2015 was $9.4 million compared with $11.8 million in the same period a year ago. GAAP loss from operations for the fourth quarter of 2015 was $2.0 million, compared with $2.3 million for the fourth quarter of 2014. Included in our operating results for the three months ended December 31, 2015 and 2014 was $0.8 million and $0.3 million of share-based compensation expense, respectively. In addition, included in our operating results for the three months ended December 31, 2014 was $0.1 million of restructuring costs and a benefit of $0.2 million in investigation and litigation costs. GAAP net loss for the quarter was $1.9 million compared with $2.5 million for the same period a year ago. Included in our net loss for the three months ended December 31, 2015 and 2014 was an income tax benefit of less than $0.1 million and an income tax provision of less than $0.1 million, respectively. GAAP net loss attributable to common stockholders for the fourth quarter of 2015, which includes the effects of the accretion to redemption value of the Series A redeemable convertible preferred stock and the accrual of Series A redeemable convertible preferred stock dividends, was $2.3 million, or $0.06 per diluted share, compared with $2.8 million, or $0.06 per diluted share, for the same period a year ago. 

Non-GAAP loss from operations was $1.3 million for the fourth quarter of 2015, compared with $2.2 million for the same period a year ago. Non-GAAP net loss was $1.2 million, or $0.03 per diluted share, in the fourth quarter of 2015, compared with $2.4 million, or $0.05 per diluted share, in the fourth quarter of 2014. Non-GAAP results exclude the effects of stock-based compensation, costs associated with the Company’s investigations, litigation and settlement related costs, restructuring costs and the effects of our Series A redeemable convertible preferred stock.

Total revenue for the twelve months ended December 31, 2015 was $48.6 million compared with $46.3 million in the same period a year ago. Included in total revenue for the twelve months ended December 31, 2015 and 2014 was $11.3 million and $0.7 million of revenue associated with our joint-development agreement. GAAP loss from operations for the twelve months ended December 31, 2015 was $1.3 million, compared with $6.1 million for the twelve months ended December 31, 2014. Our operating results for the twelve months ended December 31, 2014, benefited from a litigation settlement of $5.3 million associated with our then outstanding lawsuit with the estate of our former Chief Executive Officer, as compared with expense of less than $0.1 million during the same period in 2015. Also included in the operating results for the twelve months ended December 31, 2015 and 2014 were; (i) $1.9 million and $1.5 million of share-based compensation expense, respectively; and (ii) $0.2 million and $1.1 million, respectively, of restructuring costs. GAAP net loss for the twelve months ended December 31, 2015 was $1.9 million compared with $7.2 million for the same period a year ago. Included in our net loss for the twelve months ended December 31, 2015 and 2014 was an income tax provision of $0.4 million and $0.5 million, respectively. GAAP net loss attributable to common stockholders for the twelve months ended December 31, 2015 and 2014 was $3.3 million, or $0.08 per diluted share, compared with $8.5 million, or $0.18 per diluted share, for the same period a year ago. 

Non-GAAP income from operations was $0.8 million for the twelve months ended December 31, 2015, compared with a non-GAAP loss from operations of $8.9 million for the same period a year ago. Non-GAAP net income was $0.2 million, or $0.00 per diluted share, for the twelve months ended December 31, 2015, compared with a non-GAAP net loss of $10.0 million, or $0.22 per diluted share, for the twelve months ended December 31, 2014.

The Company closed the quarter with $13.4 million in cash, cash equivalents and marketable securities. Cash flow used in operations for the twelve months ended December 31, 2015 was $6.3 million compared with cash flow provided by operations of $0.5 million during the same period in 2014. Deferred revenue at December 31, 2015 was $25.7 million, compared with $36.5 million at December 31, 2014. Deferred revenue at December 31, 2014 included $11.3 million of deferred revenue related to our joint development agreement.

Conference Call                                
The Company will host a conference call to discuss its financial results on Tuesday, February 16, 2016 at 4:30 p.m. EDT. To participate in the conference call, please dial:

Toll Free: 1-888-278-8465
International: +1-913-312-1296
Conference ID: 7408796


2



To view the presentation, please copy and paste the following link into your browser and register for this meeting.  Once you have registered for the meeting, you will receive an email message confirming your registration.
https://falconstor.webex.com/falconstor/j.php?RGID=r6c6a38ad63b2fb356c87ed9ffff363bd
Meeting: FalconStor Q4 2015 Earnings
Meeting password: Q4numbers15
Meeting Number: 769 384 711

If you are unable to register via the Internet, please contact Melissa Keir, Investor Relations at 631-773-4334 or melissa.keir@falconstor.com.

A conference call replay will be available beginning February 16th at 7:30 p.m. EDT through 7:30 p.m. EDT on February 23rd. To listen to the replay of the call, dial toll free: 1-888-203-1112 or International: +1-719-457-0820, passcode: 7408796.

Non-GAAP Financial Measures
The non-GAAP financial measures used in this press release are not prepared in accordance with generally accepted accounting principles and may be different from non-GAAP financial measures used by other companies. The Company’s management refers to these non-GAAP financial measures in making operating decisions because they provide meaningful supplemental information regarding the Company’s operating performance. In addition, these non-GAAP financial measures facilitate management’s internal comparisons to the Company’s historical operating results and comparisons to competitors’ operating results. We include these non-GAAP financial measures (which should be viewed as a supplement to, and not a substitute for, their comparable GAAP measures) in this press release because we believe they are useful to investors in allowing for greater transparency into the supplemental information used by management in its financial and operational decision-making. The non-GAAP financial measures exclude (i) costs associated with the Company’s class action and derivative lawsuits, government investigations, and related legal fees, (ii) restructuring costs, (iii) effects of our Series A redeemable convertible preferred stock, and (iv) non-cash stock-based compensation charges and any potential tax effects. For a reconciliation of our GAAP and non-GAAP financial results, please refer to our Non-GAAP Operating Data GAAP Reconciliation, presented in this release.

About FalconStor Software
FalconStor® Software, Inc. (NASDAQ: FALC) is a leading software-defined storage company offering a converged data services software platform that is hardware agnostic. Our open, integrated flagship solution FreeStor® reduces vendor lock-in and gives enterprises the freedom to choose the applications and hardware components that make the best sense for their business.  We empower organizations to modernize their data center with the right performance, in the right location, all while protecting existing investments. FalconStor’s mission is to maximize data availability and system uptime to ensure nonstop business productivity while simplifying data management to reduce operational costs. Our award-winning solutions are available and supported worldwide by OEMs as well as leading service providers, system integrators, resellers and FalconStor. The Company is headquartered in Melville, N.Y. with offices throughout Europe and the Asia Pacific region. For more information, visit www.falconstor.com or call 1-866-NOW-FALC (866-669-3252). 

Follow us on Twitter – Watch us on YouTube – Connect with us on LinkedIn

# # #

This press release includes forward-looking statements that involve risk and uncertainties that could cause actual results to differ materially from the forward-looking statements. These risks and uncertainties include: delays in product development; market acceptance of FalconStor’s products and services; technological change in the data protection industry; competition in the data protection market; results and costs associated with governmental investigations; intellectual property issues; and other risk factors discussed in FalconStor’s reports on Forms 10-K, 10-Q and other reports filed with the Securities and Exchange Commission.
 
FalconStor, FalconStor Software, FreeStor and Intelligent Abstraction are trademarks or registered trademarks of FalconStor Software, Inc., in the U.S. and other countries. All other company and product names contained herein may be trademarks of their respective holders.
 
Links to websites or pages controlled by parties other than FalconStor are provided for the reader’s convenience and information only. FalconStor does not incorporate into this release the information found at those links nor does FalconStor represent or warrant that any information found at those links is complete or accurate.  Use of information obtained by following these links is at the reader’s own risk.

3



FalconStor Software, Inc. and Subsidiaries
CONDENSED CONSOLIDATED BALANCE SHEETS
 
 
 
December 31, 2015
 
December 31, 2014
 
 
(unaudited)
 
 
Assets
 
 
 
 
Current assets:
 
 
 
 
Cash and cash equivalents
 
$
6,013,382

 
$
10,873,891

Marketable securities
 
7,420,042

 
10,900,722

Accounts receivable, net
 
6,635,262

 
8,898,680

Prepaid expenses and other current assets
 
1,742,668

 
1,596,916

Inventory
 
70,534

 
352,493

Deferred tax assets, net
 
205,816

 
316,586

Total current assets
 
22,087,704

 
32,939,288

Property and equipment, net
 
1,565,932

 
2,147,188

Deferred tax assets, net
 
110,060

 
7,503

Software development costs, net
 
1,116,816

 
1,508,517

Other assets, net
 
1,139,377

 
1,373,964

Goodwill
 
4,150,339

 
4,150,339

Other intangible assets, net
 
256,137

 
196,037

 Total assets
 
$
30,426,365

 
$
42,322,836

Liabilities and Stockholders' Deficit
 
 

 
 

Current liabilities:
 
 

 
 

Accounts payable
 
$
1,005,944

 
$
1,266,504

Accrued expenses
 
6,783,514

 
6,939,198

Deferred tax liabilities, net
 
89,343

 
23,307

Deferred revenue, net
 
16,553,519

 
23,380,012

Total current liabilities
 
24,432,320

 
31,609,021

Other long-term liabilities
 
735,089

 
630,444

Deferred tax liabilities, net
 
27,069

 
226,443

Deferred revenue, net
 
9,122,289

 
13,097,215

Total liabilities
 
34,316,767

 
45,563,123

Commitments and contingencies
 
 

 
 

Series A redeemable convertible preferred stock
 
7,818,554

 
7,230,941

Total stockholders' deficit
 
(11,708,956
)
 
(10,471,228
)
Total liabilities and stockholders' deficit
 
$
30,426,365

 
$
42,322,836



4



FalconStor Software, Inc. and Subsidiaries
CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS
(Unaudited) 

 
 
Three Months Ended
December 31,
 
Twelve Months Ended
December 31,
 
 
2015
 
2014
 
2015
 
2014
Revenue:
 
 
 
 
 
 
 
 
Product revenue
 
$
3,470,274

 
$
4,566,976

 
$
24,847,724

 
$
17,723,000

Support and services revenue
 
5,925,026

 
7,226,933

 
23,723,267

 
28,550,515

Total  revenue
 
9,395,300

 
11,793,909

 
48,570,991

 
46,273,515

Cost of revenue:
 
 

 
 

 
 

 
 

Product
 
323,843

 
683,976

 
1,942,985

 
2,791,950

Support and service
 
1,863,312

 
1,972,358

 
7,739,149

 
7,838,766

Total cost of revenue
 
2,187,155

 
2,656,334

 
9,682,134

 
10,630,716

Gross profit
 
$
7,208,145

 
$
9,137,575

 
$
38,888,857

 
$
35,642,799

Operating expenses:
 
 

 
 

 
 

 
 

Research and development costs
 
3,059,879

 
2,965,359

 
12,787,606

 
12,452,528

Selling and marketing
 
4,216,300

 
6,409,467

 
18,021,989

 
24,426,438

General and administrative
 
1,971,790

 
2,209,295

 
9,181,289

 
9,105,545

Investigation, litigation, and settlement related (benefits) costs
 

 
(231,214
)
 
8,842

 
(5,417,925
)
Restructuring costs
 

 
89,746

 
172,995

 
1,135,310

Total operating expenses
 
9,247,969

 
11,442,653

 
40,172,721

 
41,701,896

Operating loss
 
(2,039,824
)
 
(2,305,078
)
 
(1,283,864
)
 
(6,059,097
)
Interest and other income (loss), net
 
70,014

 
(157,635
)
 
(269,954
)
 
(642,633
)
Loss before income taxes
 
(1,969,810
)
 
(2,462,713
)
 
(1,553,818
)
 
(6,701,730
)
(Benefit) provision for income taxes
 
(28,193
)
 
45,858

 
375,543

 
510,091

Net loss
 
$
(1,941,617
)
 
$
(2,508,571
)
 
$
(1,929,361
)
 
$
(7,211,821
)
Less: Accrual of Series A redeemable convertible preferred stock dividends
 
196,727

 
186,904

 
765,203

 
747,616

Less: Accretion to redemption value of Series A redeemable convertible preferred stock
 
156,670

 
131,541

 
587,613

 
493,363

Net loss attributable to common stockholders
 
$
(2,295,014
)
 
$
(2,827,016
)
 
$
(3,282,177
)
 
$
(8,452,800
)
Basic net loss per share attributable to common stockholders
 
$
(0.06
)
 
$
(0.06
)
 
$
(0.08
)
 
$
(0.18
)
Diluted net loss per share attributable to common stockholders
 
$
(0.06
)
 
$
(0.06
)
 
$
(0.08
)
 
$
(0.18
)
Weighted average basic shares outstanding
 
41,356,757

 
44,008,043

 
41,093,644

 
46,265,225

Weighted average diluted shares outstanding
 
41,356,757

 
44,008,043

 
41,093,644

 
46,265,225


5



FalconStor Software, Inc. and Subsidiaries
Reconciliation of GAAP to Non-GAAP Financial Measures
(Unaudited) 
 
 
Three Months Ended
December 31,
 
Twelve Months Ended
December 31,
 
 
2015
 
2014
 
2015
 
2014
GAAP loss from operations
 
$
(2,039,824
)
 
$
(2,305,078
)
 
$
(1,283,864
)
 
$
(6,059,097
)
Non-cash stock option expense (1)
 
756,430

 
260,410

 
1,929,377

 
1,466,183

Legal related (benefits) costs (3)
 

 
(231,214
)
 
8,842

 
(5,417,925
)
Restructuring costs (4)
 

 
89,746

 
172,995

 
1,135,310

Non-GAAP (loss) income from operations
 
$
(1,283,394
)
 
$
(2,186,136
)
 
$
827,350

 
$
(8,875,529
)
 
 
 
 
 
 
 
 
 
GAAP net loss attributable to common stockholders
 
$
(2,295,014
)
 
$
(2,827,016
)
 
$
(3,282,177
)
 
$
(8,452,800
)
Non-cash stock option expense, net of income taxes (2)
 
756,430

 
260,410

 
1,929,377

 
1,466,183

Legal related (benefits) costs (3)
 

 
(231,214
)
 
8,842

 
(5,417,925
)
Restructuring costs (4)
 

 
89,746

 
172,995

 
1,135,310

Effects of Series A redeemable convertible preferred stock (5)
 
353,397

 
318,445

 
1,352,816

 
1,240,979

Non-GAAP net (loss) income
 
$
(1,185,187
)
 
$
(2,389,629
)
 
$
181,853

 
$
(10,028,253
)
 
 
 
 
 
 
 
 
 
GAAP gross margin
 
77
 %
 
77
 %
 
80
 %
 
77
 %
Non-cash stock option expense (1)
 
0
 %
 
0
 %
 
0
 %
 
0
 %
Non-GAAP gross margin
 
77
 %
 
78
 %
 
80
 %
 
77
 %
 
 
 
 
 
 
 
 
 
GAAP gross margin - Product
 
91
 %
 
85
 %
 
92
 %
 
84
 %
Non-cash stock option expense (1)
 
0
 %
 
0
 %
 
0
 %
 
0
 %
Non-GAAP gross margin - Product
 
91
 %
 
85
 %
 
92
 %
 
84
 %
 
 
 
 
 
 
 
 
 
GAAP gross margin - Support and Service
 
69
 %
 
73
 %
 
67
 %
 
73
 %
Non-cash stock option expense (1)
 
0
 %
 
0
 %
 
0
 %
 
0
 %
Non-GAAP gross margin - Support and Service
 
69
 %
 
73
 %
 
68
 %
 
73
 %
 
 
 
 
 
 
 
 
 
GAAP operating margin
 
(22
%)
 
(20
%)
 
(3
%)
 
(13
%)
Non-cash stock option expense (1)
 
8
%
 
2
%
 
4
%
 
3
%
Legal related (benefits) costs (3)
 
0
%
 
(2
%)
 
0
%
 
(12
%)
Restructuring costs (4)
 
0
%
 
1
%
 
0
%
 
2
%
Non-GAAP operating margin
 
(14
%)
 
(19
%)
 
2
%
 
(19
%)
 
 
 
 
 
 
 
 
 
GAAP Basic EPS
 
$
(0.06
)
 
$
(0.06
)
 
$
(0.08
)
 
$
(0.18
)
Non-cash stock option expense, net of income taxes (2)
 
0.02

 
0.01

 
0.05

 
0.03

Legal related (benefits) costs (3)
 
0.00

 
(0.01
)
 
0.00

 
(0.12
)
Restructuring costs (4)
 
0.00

 
0.00

 
0.00

 
0.02

Effects of Series A redeemable convertible preferred stock (5)
 
0.01

 
0.01

 
0.03

 
0.03

Non-GAAP Basic EPS
 
$
(0.03
)
 
$
(0.05
)
 
$
0.00

 
$
(0.22
)
 
 
 
 
 
 
 
 
 

6



GAAP Diluted EPS
 
$
(0.06
)
 
$
(0.06
)
 
$
(0.08
)
 
$
(0.18
)
Non-cash stock option expense, net of income taxes (2)
 
0.02

 
0.01

 
0.04

 
0.03

Legal related (benefits) costs (3)
 
0.00

 
(0.01
)
 
0.00

 
(0.12
)
Restructuring costs (4)
 
0.00

 
0.00

 
0.00

 
0.02

Effects of Series A redeemable convertible preferred stock (5)
 
0.01

 
0.01

 
0.03

 
0.03

Non-GAAP Diluted EPS
 
$
(0.03
)
 
$
(0.05
)
 
$
0.00

 
$
(0.22
)
 
 
 
 
 
 
 
 
 
Weighted average basic shares outstanding (GAAP and as adjusted)
 
41,356,757

 
44,008,043

 
41,093,644

 
46,265,225

Weighted average diluted shares outstanding (GAAP)
 
41,356,757

 
44,008,043

 
41,093,644

 
46,265,225

Weighted average diluted shares outstanding (as adjusted)
 
41,356,757

 
44,008,043

 
42,906,072

 
46,265,225


Footnotes:
(1)
Represents non-cash, stock-based compensation charges as follows:
 
 
Three Months Ended
December 31,
 
Twelve Months Ended
December 31,
 
 
2015
 
2014
 
2015
 
2014
Cost of revenues - Product
 
$

 
$

 
$

 
$

Cost of revenues - Support and Service
 
18,419

 
16,297

 
98,776

 
91,197

Research and development costs
 
577,355

 
59,924

 
806,348

 
282,416

Selling and marketing
 
60,632

 
47,506

 
285,787

 
327,694

General and administrative
 
100,024

 
136,683

 
738,466

 
764,876

Total non-cash stock based compensation expense
 
$
756,430

 
$
260,410

 
$
1,929,377

 
$
1,466,183

 
(2)
Represents the effects of non-cash stock-based compensation expense recognized in accordance with the FASB Accounting Standards Codification, Topic 718, net of related income tax effects. For the three and twelve months ended December 31, 2015 and 2014, the tax expense for both GAAP and Non-GAAP basis approximate the same amount.

(3)
Legal related costs represent expenses/gains in connection with the Company’s investigations, litigation and settlement related costs for each respective period presented.

(4)
Represents restructuring costs which were incurred during each respective period presented.

(5)
Represents the effects of the accretion to redemption value of the Series A redeemable convertible preferred stock and accrual of Series A redeemable convertible preferred stock dividends.

7