EX-99.1 2 a09-32730_1ex99d1.htm EX-99.1

Exhibit 99.1

 

GRAPHIC

 

FOR IMMEDIATE RELEASE:

 

November 3, 2009

 

Media Contact:

Roger Johnson, Overstock.com, Inc.

+1 (801) 947-4430

rojohnson@overstock.com

 

Investor Contact:

Kevin Moon, Overstock.com, Inc.

+1 (801) 947-3282

kmoon@overstock.com

 

Overstock.com Reports Q3 2009 Results

 

SALT LAKE CITY — Overstock.com, Inc. (NASDAQ: OSTK) today reported financial results for the quarter ended September 30, 2009.

 

Key Q3 2009 metrics (comparison to Q3 2008):

·              Revenue:  $195.1M vs. $186.9M (4% increase);

·              Gross margin: 19.3% vs. 17.2% (210 basis point improvement);

·              Gross profit:  $37.7M vs. $32.1M (17% increase);

·              Sales and marketing expense: $12.2M vs. $11.9M (2% increase);

·              Contribution (non-GAAP measure): $25.5M vs. $20.2M (26% increase);

·              G&A/Technology expense: $25.6M vs. $24.4M (5% increase);

·              Net loss: $(787,000) vs. $(1.6)M (50% decrease in net loss);

·              EPS: $(0.03)/share vs. $(0.07)/share ($0.04/share improvement); and

·              Adjusted EBITDA (TTM) (non-GAAP financial measure):  $19.7M vs. $4.7M ($15.0M improvement).

 

Dear Owner:

 

We saw our financial results improve versus Q3 2008. Revenue growth turned positive and Contribution dollars are up 26% over last year due to higher gross profit and a more efficient marketing spend. Our net loss has narrowed to 0.4% of revenue. For the first nine months of 2009, our net loss is $2.5 million, an $11.2 million improvement over the same period last year.

 

As we move into our peak selling season, our inventory is good and we are well positioned to deliver great deals to the cost conscious consumer.

 



 

As previously announced, we have received a notice from the Securities and Exchange Commission stating that the SEC is conducting an investigation concerning our previously-announced financial restatements of 2006 and 2008 and other matters. The subpoena accompanying the notice covers documents related to the restatements and also to our billings to our partners in the fourth quarter of 2008 and related collections, and our accounting for and implementation of software relating to our accounting for customer refunds and credits, including offsets to partners, and related matters. We have been and will continue to cooperate fully with the investigation.  In addition, we have received a comment letter from the SEC’s Division of Corporation Finance regarding our 2008 Form 10-K/A and June 30, 2009 Form 10-Q.  We have responded to the comment letter, but have not yet resolved all of the staff’s comments.

 

I look forward to discussing your business with you on our conference call, and until then, I remain,

 

Your humble servant,

Patrick M. Byrne

 

P.S. Please email questions to Kevin Moon at kmoon@overstock.com prior to the conference call.

 

Key financial and operating metrics discussion:

 

Total revenue — Total revenue for the three months ended September 30, 2009 and 2008 was $195.1 million and $186.9 million, respectively, a 4% increase. For the nine months ended September 30, 2009 and 2008, total revenue decreased 3% to $558.6 million from $578.5 million.

 

Gross profit — Gross profit for the three months ended September 30, 2009 and 2008 was $37.7 million and $32.1 million, respectively, a 17% increase, representing 19.3% and 17.2% of total revenue for those respective periods.  For the nine months ended September 30, 2009 and 2008, gross profit was $111.3 million and $99.3 million, respectively, a 12% improvement, representing 19.9% and 17.2% of total revenue for those respective periods.

 

For the nine months ended September 30, 2009, we reduced total Cost of goods sold by $1.7 million due to recoveries from partners who were underbilled in 2008 for certain fees and charges, and for a refund of overbillings by a freight carrier for charges from the fourth quarter of 2008. These recoveries accounted for 31 basis points of the 270 basis point improvement in gross profit from the nine months ended September 30, 2008. Without this reduction, gross profit for the nine months ended September 30, 2009 would be $109.5 million (19.6% as a percentage of total revenue), a 10% increase from the nine months ended September 30, 2008 rather than the 12% increase described above. In the third quarter of 2009, we recognized $117,000 of recoveries from partners and a freight carrier for charges related to 2008.

 

In September 2009, we executed a new supplier agreement with a majority of our fulfillment partners with the goal to better manage costs related to product returns. The impact of this change resulted in a reduction of Cost of goods sold related to our fulfillment partner business of approximately $350,000 in Q3 2009.

 

Contribution (a non-GAAP financial measure) and Contribution margin (a non-GAAP financial measure) — Contribution for the three months ended September 30, 2009 and 2008 was $25.5 million (13.1% Contribution margin) and $20.2 million (10.8% Contribution margin), respectively, a 26% increase in Contribution, or a 230 basis point improvement in Contribution margin, when compared to the same period in the prior year.  For the nine months ended September 30, 2009 and

 



 

2008, Contribution was $74.4 million (13.3% Contribution margin) and $58.1 million (10.0% Contribution margin), respectively, a 28% increase, or a 330 basis point increase when compared to the same period in the prior year.

 

Contribution (a non-GAAP financial measure) (which we reconcile to “Gross profit” in our statement of operations) consists of gross profit less sales and marketing expense and reflects an additional way of viewing our results. Contribution Margin is Contribution as a percentage of revenues. When viewed with our GAAP gross profit less sales and marketing expenses, we believe Contribution and Contribution margin provide management and users of the financial statements information about our ability to cover our operating costs, such as technology and general and administrative expenses. Contribution and Contribution Margin are used in addition to and in conjunction with results presented in accordance with GAAP and should not be relied upon to the exclusion of GAAP financial measures. You should review our financial statements and publicly-filed reports in their entirety and not rely on any single financial measure. The material limitation associated with the use of Contribution is that it is an incomplete measure of profitability as it does not include all operating expenses or non-operating income and expenses. Management compensates for these limitations when using this measure by looking at other GAAP measures, such as operating income (loss) and net income (loss).

 

For further details on Contribution, see the calculation of this non-GAAP financial measure below (in thousands):

 

 

 

Three months ended

 

Nine months ended

 

 

 

September 30,

 

September 30,

 

 

 

2008

 

2009

 

2008

 

2009

 

 

 

 

 

 

 

 

 

 

 

Total revenue

 

$

186,855

 

$

195,081

 

$

578,505

 

$

558,591

 

Cost of goods sold

 

154,736

 

157,412

 

479,206

 

447,323

 

 

 

 

 

 

 

 

 

 

 

Gross profit

 

32,119

 

37,669

 

99,299

 

111,268

 

Less: Sales and marketing expense

 

11,934

 

12,187

 

41,197

 

36,849

 

 

 

 

 

 

 

 

 

 

 

Contribution

 

$

20,185

 

$

25,482

 

$

58,102

 

$

74,419

 

 

 

 

 

 

 

 

 

 

 

Contribution margin

 

10.8

%

13.1

%

10.0

%

13.3

%

 

Sales and marketing expenses — Sales and marketing expenses totaled $12.2 million and $11.9 million for the three month periods ended September 30, 2009 and 2008, respectively, representing 6.2% and 6.4% of total net revenue for those respective periods. Comparing the third quarter of 2009 with the same quarter of 2008, sales and marketing expenses increased 2%. For the nine month periods ended September 30, 2009 and 2008, sales and marketing expenses decreased 11% to $36.8 million in 2009 from $41.2 million in 2008, representing 6.6% and 7.1% of total revenue for those respective periods. The decrease in sales and marketing costs was primarily due to more efficient marketing spending in 2009.

 

Technology expenses — Technology expenses totaled $12.4 million and $14.1 million for the third quarters of 2009 and 2008, representing 6.4% and 7.6% of revenue for the third quarters of 2009 and 2008, respectively. Comparing the third quarter of 2009 to the third quarter of 2008, technology expenses decreased 12% primarily due to decreased depreciation expense for technology equipment and software development of approximately $2.7 million, which was partially offset by an increase in compensation of approximately $1.5 million related to an increase in technology staff.

 



 

For the nine month periods ended September 30, 2009 and 2008, technology expenses totaled $38.9 million and $43.9 million, respectively, representing 7.0% and 7.6% of total revenue for those respective periods, a decrease of 12%. The decrease is primarily due to a $10.3 million decrease in expenses related to depreciation of technology equipment and software development and the expiration of an operating lease in Q2 of 2008 which was not renewed, which was partially offset by an increase in compensation of approximately $5.0 million related to an increase in technology staff.

 

General and administrative (“G&A”) expenses — G&A expenses totaled $13.2 million and $10.3 million for the three months ended September 30, 2009 and 2008, respectively, 6.8% and 5.5% of total revenue for those respective periods.  The $2.9 million increase in G&A expenses for the three month period ended September 30, 2009 compared to the same period in 2008 is primarily attributable to an increase in compensation expense of approximately $1.9 million related to an increase in general and administrative staff, and an increase in legal expense of approximately $1.6 million; which was partially offset as we recognized a reduction of legal expense of $683,000 from a $2.75 million settlement payment discussed below.

 

For the nine month periods ended September 30, 2009 and 2008, G&A expenses totaled $38.8 million and $30.8 million, representing 7.0% and 5.3% of total revenue for both periods, respectively. The increase of $8.1 million in G&A expenses, which represents an increase of 26% for the nine month period ended September 30, 2009 compared to the same period in 2008 is primarily due to an increase in compensation expense of approximately $5.9 million related to an increase in general and administrative staff, which includes expense of $1.25 million related to termination of a consulting arrangement with Icent LLC. Icent LLC’s chief executive officer is James V. Joyce, who resigned from his position as a member of the Board of Directors on April 1, 2009.

 

The increase in G&A expenses is also related to additional facilities expenses relating to a new customer service center in the first part of 2009, increased moving related expenses and an increase of legal expenses of approximately $2.0 million during the nine month period ended September 30, 2009 compared to the same period of 2008; we incurred $4.2 million in legal expense for the nine months ended September 30, 2009 compared to $2.9 million of legal expense in the same period of 2008, which was partially offset as we recognized a reduction of legal expense of $1.9 million from a $2.75 million payment that we received from an insurer in the settlement of a dispute regarding insurance coverage of a legal matter.  The remaining balance of $859,000 is recorded in accrued liabilities at September 30, 2009 in the accompanying Consolidated Balance Sheets.  Our future recognition of amounts from the remaining balance is subject to a number of contingencies, including our incurring further related legal fees.

 

Restructuring — During the nine months ended September 30, 2009, we reduced our accrued restructuring liability by $218,000 as a result of our subleasing office space in our corporate headquarters earlier than originally anticipated.

 

Operating loss — Operating loss for the three months ended September 30, 2009 was $(154,000) compared to operating loss of $(4.3) million for the three months ended September 30, 2008, a $4.1 million improvement.  For the nine months ended September 30, 2009 and 2008, operating losses were $(3.1) million and $(16.6) million, respectively, a $13.5 million improvement.

 

Other income (expense) — Other income of $3.0 million for the nine months ended September 30, 2009, was due primarily to gains from the early extinguishment of some of our 3.75% Convertible Senior Notes (“Senior Notes”). During the three months ended June 30, 2009, we retired $2.5 million of our Senior Notes and recorded an $884,000 gain, net of amortization of debt discount of $29,000.

 



 

This was in addition to the $4.9 million of Senior Notes that were retired during the first quarter of 2009 when we recorded a $1.9 million gain, net of amortization of debt discount of $63,000.  We did not retire any of our Senior Notes during the three months ended September 30, 2009.

 

Net loss — Net loss for the three months ended September 30, 2009 was $(787,000), or $(0.03) per common share, compared to a net loss of $(1.6) million, or $(0.07) per common share for the three months ended September 30, 2008.  For the nine months ended September 30, 2009 and 2008, net losses were $(2.5) million and $(13.7) million, respectively, or $(0.11) and $(0.60) loss per common share for those periods, respectively.

 

Adjusted EBITDA — Adjusted EBITDA (a non-GAAP financial measure) for the three months ended September 30, 2009 and 2008 was $3.8 million and $2.2 million, respectively. For the twelve months ended September 30, 2009 and 2008, Adjusted EBITDA was $19.7 million and $4.7 million, respectively.

 

Adjusted EBITDA (a non-GAAP financial measure) (which we reconcile to “Net loss” in our statement of operations) consists of earnings before interest, taxes, depreciation, amortization, stock-based compensation, other income (expense) and discontinued operations. Adjusted EBITDA is used in addition to and in conjunction with results presented in accordance with GAAP and should not be relied upon to the exclusion of GAAP financial measures. Adjusted EBITDA reflects an additional way of viewing our results that, when viewed with our GAAP results, provides a more complete understanding of factors and trends affecting our results. You should review our financial statements and publicly-filed reports in their entirety and not rely on any single financial measure.

 

We believe that discussing Adjusted EBITDA at this stage of our business is useful to us and to financial statement users, as Adjusted EBITDA is a reasonable measure of the continuing operations of our business. As we made significant investments in our infrastructure during 2005 and 2006 through large capital expenditures, the result was increased depreciation expense in our income statement. Therefore, in addition to net income or loss, which includes recurring non-cash expenses such as depreciation, amortization and stock-based compensation, we use adjusted EBITDA, which excludes all non-cash expenses, as a measurement of cash generated by the business.  We use Adjusted EBITDA to demonstrate the difference between our GAAP net losses and actual cash being used or generated by the business. The Adjusted EBITDA measurement also excludes non-operating income or expenses and discontinued operations, as we use it to measure only cash generated by the continuing operations of the business. We also believe that our Adjusted EBITDA measure is consistent with similar EBITDA measures used by other companies in our industry and measures used by industry analysts in comparing companies within our industry.

 

The material limitation associated with the use of Adjusted EBITDA is that it does not address the potential impact on cash from changes in balance sheet accounts, or from cash used for investing activities such as capital expenditures, and therefore does not demonstrate the overall change in cash position or liquidity of the business as a whole.  Management compensates for these limitations when using this measure by looking at other GAAP and non-GAAP measures, such as the consolidated statement of cash flows, free cash flow, and working capital, in conjunction with Adjusted EBITDA, when evaluating the overall cash picture of the business.  We also look at net income in conjunction with Adjusted EBITDA in evaluating overall company performance, with the overall goal of attaining GAAP net income/earnings.

 

Our calculation of Adjusted EBITDA is set forth below (in thousands):

 



 

 

 

Three months ended

 

Twelve months ended

 

 

 

September 30,

 

September 30,

 

 

 

2008

 

2009

 

2008

 

2009

 

Net loss

 

$

(1,589

)

$

(787

)

$

(20,142

)

$

(1,483

)

Add back amounts for computation of Adjusted EBITDA:

 

 

 

 

 

 

 

 

 

Depreciation and amortization, including internal-use software and website development, and other amortization

 

5,580

 

2,946

 

24,634

 

14,816

 

Stock-based compensation expense to employees and directors

 

990

 

835

 

4,378

 

3,339

 

Stock-based compensation to consultants for services

 

(134

)

 

90

 

88

 

Stock-based compensation related to performance share plan

 

 

 

(600

)

(1,300

)

Issuance of common stock from treasury for 401(k) matching contribution

 

 

185

 

(415

)

185

 

Interest income

 

(664

)

(11

)

(398

)

(616

)

Interest expense

 

847

 

941

 

 

3,376

 

Other (income) expense, net

 

(2,849

)

(297

)

(2,849

)

1,310

 

 

 

 

 

 

 

 

 

 

 

Adjusted EBITDA

 

$

2,181

 

$

3,812

 

$

4,698

 

$

19,715

 

 

Free cash flow (a non-GAAP financial measure) — Free cash flow for the three months ended September 30, 2009 and 2008 totaled $9.5 million and $(9.1) million, respectively.  For the twelve months ended September 30, 2009 and 2008, Free cash flow was $13.3 million and $(805,000).

 

Free cash flow reflects an additional way of viewing our cash flows and liquidity that, when viewed with our GAAP results, provides a more complete understanding of factors and trends affecting our cash flows and liquidity. Free cash flow, which we reconcile to “Net cash provided by (used in) operating activities,” is cash flow from operations reduced by “Expenditures for fixed assets, including internal-use software and website development.” Although we believe that cash flow from operating activities is an important measure, since it includes both the cash impact of the continuing operations of the business and changes in the balance sheet that impact cash, we believe free cash flow is a useful measure to evaluate our business since purchases of fixed assets are a necessary component of ongoing operations.  Therefore, we believe it is important to view free cash flow as a complement to our entire consolidated statements of cash flows.

 

Our calculation of Free cash flow is set forth below (in thousands):

 

 

 

Three months ended
September 30,

 

Twelve months ended
September 30,

 

 

 

2008

 

2009

 

2008

 

2009

 

Net cash provided by (used in) operating activities

 

$

(275

)

$

11,980

 

$

14,864

 

$

22,693

 

Expenditures for fixed assets, including internal-use software and website development

 

(8,809

)

(2,486

)

(15,669

)

(9,441

)

 

 

 

 

 

 

 

 

 

 

Free cash flow

 

$

(9,084

)

$

9,494

 

$

(805

)

$

13,252

 

 

Cash and working capital — At September 30, 2009, Overstock.com had Cash and cash equivalents of $79.1 million.  Working capital was $34.1 million and $39.7 million at September 30, 2009, and December 31, 2008,

 



 

respectively.  The decrease in our working capital is primarily related to the retirement of our Senior Notes during the first six months of 2009.

 

About Overstock.com

Overstock.com, Inc. is an online retailer offering brand-name merchandise at discount prices.  The company offers its customers an opportunity to shop for bargains conveniently, while offering its suppliers an alternative inventory distribution channel.  Overstock.com, headquartered in Salt Lake City, is a publicly traded company listed on the NASDAQ Global Market System and can be found online at http://www.overstock.com. Overstock.com regularly posts information about the company and other related matters on its website under the heading “Investor Relations.”

 

# # #

 

Overstock.com® is a registered trademark of Overstock.com, Inc.  Any other trademarks are the property of their respective owners.

 

This press release contains certain forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Such forward-looking statements include all statements other than statements of historical fact, including statements regarding our ability to provide deals to our customers, our future cooperation with the SEC and resolving the SEC staff’s concerns in the normal course.  Our Form 10-K/A for the year ended December 31, 2008, our subsequent quarterly reports on Form 10-Q, or any amendments thereto, and our other subsequent filings with the Securities and Exchange Commission identify important factors that could cause our actual results to differ materially from those contained in our projections, estimates or forward-looking statements.

 



 

Overstock.com, Inc.

Consolidated Statements of Operations (unaudited)

(in thousands, except per share amounts)

 

 

 

Three months ended

 

Nine months ended

 

 

 

September 30,

 

September 30,

 

 

 

2008

 

2009

 

2008

 

2009

 

 

 

 

 

 

 

 

 

 

 

Revenue, net

 

 

 

 

 

 

 

 

 

Direct

 

$

34,176

 

$

32,369

 

$

125,771

 

$

96,216

 

Fulfillment partner

 

152,679

 

162,712

 

452,734

 

462,375

 

 

 

 

 

 

 

 

 

 

 

Total net revenue

 

186,855

 

195,081

 

578,505

 

558,591

 

 

 

 

 

 

 

 

 

 

 

Cost of goods sold

 

 

 

 

 

 

 

 

 

Direct

 

30,633

 

28,453

 

110,307

 

82,657

 

Fulfillment partner

 

124,103

 

128,959

 

368,899

 

364,666

 

 

 

 

 

 

 

 

 

 

 

Total cost of goods sold

 

154,736

 

157,412

 

479,206

 

447,323

 

 

 

 

 

 

 

 

 

 

 

Gross profit

 

32,119

 

37,669

 

99,299

 

111,268

 

 

 

 

 

 

 

 

 

 

 

Operating expenses:

 

 

 

 

 

 

 

 

 

Sales and marketing

 

11,934

 

12,187

 

41,197

 

36,849

 

Technology

 

14,119

 

12,445

 

43,946

 

38,883

 

General and administrative

 

10,321

 

13,191

 

30,751

 

38,849

 

Restructuring

 

 

 

 

(218

)

 

 

 

 

 

 

 

 

 

 

Total operating expenses

 

36,374

 

37,823

 

115,894

 

114,363

 

 

 

 

 

 

 

 

 

 

 

Operating loss

 

(4,255

)

(154

)

(16,595

)

(3,095

)

 

 

 

 

 

 

 

 

 

 

Interest income

 

664

 

11

 

2,708

 

161

 

Interest expense

 

(847

)

(941

)

(2,636

)

(2,550

)

Other income, net

 

2,849

 

297

 

2,851

 

2,987

 

 

 

 

 

 

 

 

 

 

 

Net loss

 

$

(1,589

)

$

(787

)

$

(13,672

)

$

(2,497

)

 

 

 

 

 

 

 

 

 

 

Net loss per common share - basic and diluted

 

$

(0.07

)

$

(0.03

)

$

(0.60

)

$

(0.11

)

 

 

 

 

 

 

 

 

 

 

Weighted average common shares outstanding - basic and diluted

 

22,768

 

22,824

 

22,954

 

22,815

 

 

 

 

 

 

 

 

 

 

 

Other data:

 

 

 

 

 

 

 

 

 

Gross bookings (in 000s)

 

$

204,656

 

$

212,793

 

$

630,561

 

$

609,213

 

Auction gross merchandise volume (in 000s)

 

$

2,530

 

$

2,351

 

$

7,105

 

$

10,782

 

Average customer acquisition cost (shopping)

 

$

21.82

 

$

18.21

 

$

24.83

 

$

20.09

 

 



 

Overstock.com, Inc.

Consolidated Balance Sheets

(in thousands)

 

 

 

December 31,

 

September 30,

 

 

 

2008

 

2009

 

 

 

 

 

(unaudited)

 

Assets

 

 

 

 

 

Current assets:

 

 

 

 

 

Cash and cash equivalents

 

$

100,577

 

$

79,111

 

Marketable securities

 

8,989

 

 

 

 

 

 

 

 

Cash, cash equivalents and marketable securities

 

109,566

 

79,111

 

Accounts receivable, net

 

6,985

 

8,589

 

Notes receivable

 

1,250

 

 

Inventories, net

 

17,723

 

17,532

 

Prepaid inventory, net

 

761

 

3,616

 

Prepaid expense

 

9,694

 

10,192

 

 

 

 

 

 

 

Total current assets

 

145,979

 

119,040

 

Fixed assets, net

 

23,144

 

20,536

 

Goodwill

 

2,784

 

2,784

 

Other long-term assets, net

 

538

 

2,015

 

 

 

 

 

 

 

Total assets

 

$

172,445

 

$

144,375

 

 

 

 

 

 

 

Liabilities and Stockholders’ Equity (Deficit)

 

 

 

 

 

Current liabilities:

 

 

 

 

 

Accounts payable

 

$

62,120

 

$

36,238

 

Accrued liabilities

 

25,154

 

29,034

 

Deferred revenue

 

19,026

 

19,192

 

Capital lease obligations, current

 

 

491

 

 

 

 

 

 

 

Total current liabilities

 

106,300

 

84,955

 

 

 

 

 

 

 

Other long-term liabilities

 

2,572

 

2,226

 

Capital lease obligations, non-current

 

 

892

 

Convertible senior notes, net

 

66,558

 

59,398

 

 

 

 

 

 

 

Total liabilities

 

175,430

 

147,471

 

 

 

 

 

 

 

Redeemable common stock

 

 

705

 

 

 

 

 

 

 

Stockholders’ equity (deficit):

 

 

 

 

 

Common stock

 

2

 

2

 

Additional paid-in capital

 

338,620

 

340,497

 

Accumulated deficit

 

(264,985

)

(267,734

)

Treasury stock

 

(76,670

)

(76,566

)

Accumulated other comprehensive income

 

48

 

 

 

 

 

 

 

 

Total stockholders’ deficit

 

(2,985

)

(3,801

)

 

 

 

 

 

 

Total liabilities and stockholders’ deficit

 

$

172,445

 

$

144,375

 

 



 

Overstock.com, Inc.

Consolidated Statements of Cash Flows (unaudited)

(in thousands)

 

 

 

Three months ended September 30,

 

Nine months ended September 30,

 

Twelve months ended September 30,

 

 

 

2008

 

2009

 

2008

 

2009

 

2008

 

2009

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Cash flows from operating activities:

 

 

 

 

 

 

 

 

 

 

 

 

 

Net loss

 

$

(1,589

)

$

(787

)

$

(13,672

)

$

(2,497

)

$

(20,142

)

$

(1,483

)

Adjustments to reconcile net loss to cash provided by (used in) operating activities:

 

 

 

 

 

 

 

 

 

 

 

 

 

Depreciation and amortization, including internal-use software and website development

 

5,580

 

2,946

 

17,964

 

10,113

 

24,634

 

14,816

 

Realized loss on marketable securities

 

 

 

 

39

 

 

373

 

Loss on settlement of notes receivable

 

 

 

 

 

 

3,929

 

Loss on disposition of fixed assets

 

 

 

 

184

 

 

324

 

Stock-based compensation to employees and directors

 

990

 

835

 

3,242

 

2,559

 

4,378

 

3,339

 

Stock-based compensation to consultants for services

 

(134

)

 

181

 

10

 

90

 

88

 

Stock-based compensation relating to performance share plan

 

 

 

300

 

 

(600

)

(1,300

)

Issuance of common stock from treasury for 401(k) matching contribution

 

 

185

 

19

 

185

 

(415

)

185

 

Amortization of debt discount

 

85

 

125

 

257

 

270

 

343

 

347

 

Gain from early extinguishment of debt

 

(2,849

)

 

(2,849

)

(2,810

)

(2,849

)

(2,810

)

Restructuring charges

 

 

 

 

(218

)

 

(218

)

Notes receivable accretion

 

(136

)

 

(408

)

 

(544

)

(137

)

Changes in operating assets and liabilities Accounts receivable, net

 

(104

)

(850

)

1,127

 

(2,604

)

(1,806

)

1,038

 

Inventories, net

 

(3,445

)

(5,509

)

8,162

 

191

 

6,237

 

(51

)

Prepaid inventory, net

 

(1,904

)

(1,710

)

(980

)

(2,855

)

451

 

302

 

Prepaid expenses

 

(454

)

1,668

 

(3,363

)

(670

)

(678

)

571

 

Other long-term assets, net

 

 

377

 

 

(80

)

105

 

(596

)

Accounts payable

 

3,442

 

9,187

 

(35,699

)

(25,882

)

2,349

 

1,579

 

Accrued liabilities

 

1,109

 

3,833

 

(11,524

)

3,762

 

2,176

 

3,005

 

Deferred revenue

 

(533

)

1,922

 

(3,235

)

166

 

1,606

 

(538

)

Other long-term liabilities

 

(333

)

(242

)

(392

)

 

(471

)

(70

)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Net cash provided by (used in) operating activities

 

(275

)

11,980

 

(40,870

)

(20,137

)

14,864

 

22,693

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Cash flows from investing activities:

 

 

 

 

 

 

 

 

 

 

 

 

 

Purchases of marketable securities

 

(10,186

)

 

(35,548

)

 

(81,601

)

 

Maturities of marketable securities

 

13,298

 

 

54,637

 

 

71,571

 

9,905

 

Sales of marketable securities prior to maturity

 

 

 

 

8,902

 

 

16,642

 

Expenditures for fixed assets, including internal-use software and website development

 

(8,809

)

(2,486

)

(15,258

)

(6,009

)

(15,669

)

(9,441

)

Collection of note receivable

 

250

 

 

1,506

 

1,250

 

1,506

 

1,250

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Net cash provided by (used in) investing activities

 

(5,447

)

(2,486

)

5,337

 

4,143

 

(24,193

)

18,356

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Cash flows from financing activities:

 

 

 

 

 

 

 

 

 

 

 

 

 

Payments on capital lease obligations

 

 

(151

)

(3,796

)

(579

)

(3,801

)

(579

)

Drawdowns on line of credit

 

1,326

 

 

7,722

 

1,612

 

8,976

 

6,853

 

Paydowns on line of credit

 

(1,326

)

 

(7,722

)

(1,612

)

(8,976

)

(6,853

)

Payments to retire convertible senior notes

 

(6,550

)

 

(6,550

)

(4,563

)

(6,550

)

(4,563

)

Purchase of treasury stock

 

(1,452

)

 

(13,452

)

(333

)

(13,452

)

(333

)

Exercise of stock options

 

547

 

3

 

1,471

 

3

 

2,519

 

3

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Net cash (used in) financing activities

 

(7,455

)

(148

)

(22,327

)

(5,472

)

(21,284

)

(5,472

)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Effect of exchange rate changes on cash

 

23

 

 

(9

)

 

(7

)

9

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Net increase (decrease) in cash and cash equivalents

 

(13,154

)

9,346

 

(57,869

)

(21,466

)

(30,620

)

35,586

 

Cash and cash equivalents, beginning of period

 

56,679

 

69,765

 

101,394

 

100,577

 

74,145

 

43,525

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Cash and cash equivalents, end of period

 

$

43,525

 

$

79,111

 

$

43,525

 

$

79,111

 

$

43,525

 

$

79,111