EX-99.1 2 v194093_ex99-1.htm Unassociated Document

FOR IMMEDIATE RELEASE
CONTACT:
 
August 16, 2010
Thomas Plotts, CFO (212) 716-1977 x 222
 
 
 
ATRINSIC REPORTS OPERATING RESULTS FOR THE SECOND QUARTER 2010, AND RESIGNATION OF ITS CHIEF EXECUTIVE OFFICER.
 

New York (August 16, 2010) - Atrinsic, Inc., (NASDAQ: ATRN), a leading internet focused marketing company, announced second quarter (unaudited) 2010 results today.

Revenues for the second quarter of 2010 were $10.8 million compared with $17.0 million in the second quarter of 2009, a decrease of 36%. Subscription revenue increased to $5.0 million for the three months ended June 30, 2010, compared to $4.8 million for the three months ended June 30, 2009. Transactional & Marketing services revenue decreased by approximately $6.4 million or 52% to $5.8 million for the three months ended June 30, 2010 compared to $12.2 million for the three months ended June 30, 2009. The decrease was primarily attributable to the reduction in discretionary advertising expenditures by our clients in the agency service portion of our business.

Operating expenses for the second quarter of 2010 were $15.3 million compared with operating expenses of $19.9 million in the second quarter of 2009, a decrease of approximately $4.6 million. The decrease is primarily attributable to a reduced amount of purchased third party media, correlated to decreased revenues, and a reduction in labor and operating costs. During the quarter the Company announced and commenced a 30% reduction in its work force, to realign, focus on and serve its direct-to-consumer entertainment and digital subscription products, including the Kazaa Music Service. The staff reductions did not affect the agency portion of the business, which likewise the Company plans to continue to focus on,  invest in and grow.

Adjusted EBITDA for the second quarter of 2010 was a loss of ($3.9) million compared with ($1.4) million in the second quarter of 2009. The increase in EBITDA loss is primarily attributable to the decrease in revenue, partially offset by decreases in operating expenses. Adjusted EBITDA is a non-GAAP measure – see Supplemental Disclosure regarding Non-GAAP Measures below.

Net loss attributable to Atrinsic for the second quarter of 2010 was ($4.5) million (($0.22) loss per basic and diluted share) compared with net loss of ($1.9) million for the second quarter of 2009 (($0.10) loss per basic and diluted share).

As of June 30, 2010, the Company had $7.3 million of cash and cash equivalents.

Subscription Services

We ended the second quarter of 2010 with approximately 284,000 subscribers, a year-over-year decrease of 114,000 net subscribers from the end of the second quarter of 2009. The reduction in total subscribers on a year-over-year basis was principally a result of a reduction in mobile content subscribers (approximately 118,000 net losses), offset by an increase in subscribers to the Kazaa music service.  For the second quarter of 2010, we added 113,000 subscribers.  Average revenue per user (or ARPU) increased approximately 49% year-over-year as a result of adding subscribers in higher ARPU subscription services.  

Today Atrinsic, Inc. also announced that on August 13, 2010, Jeffrey Schwartz resigned from his position as Chief Executive Officer of Atrinsic and also resigned from Atrinsic’s Board of Directors.  On an interim basis, Andrew Stollman, our President, and Raymond Musci, our Executive Vice President of Corporate Development, will assume the responsibilities formerly associated with Mr. Schwartz position.
 
 



 
All non-GAAP amounts have been adjusted from comparable GAAP measures. A description of all adjustments and reconciliations to comparable GAAP measures for all periods presented are included within this communication. 

 
About Atrinsic, Inc.



Forward-Looking Statements

This press release contains “forward-looking” statements based on management’s current expectations as of the date of this release. These statements are made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. Forward looking statements include the Company’s discussion relating to management’s current strategic priorities. Because such statements inherently involve risks and uncertainties, actual results may differ materially from those expressed or implied by such forward looking statements. Such risks include, among others, the Company’s ability to maintain customer and strategic business relationships, the impact of competitive products and pricing, growth in targeted markets, the adequacy of the Company’s liquidity and financial strength to support growth, and other information that may be detailed from time to time in the Company’s filings with the United States Securities and Exchange Commission.  All information in this release is as of August 16, 2010. The Company does not undertake any obligation to update or revise these forward-looking statements to conform to actual results or changes in the Company’s expectations.



Supplemental Disclosure regarding Non-GAAP Measures
 
EBITDA and Adjusted EBITDA

The following tables set forth the Company’s EBITDA and Adjusted EBITDA for the three month periods ending on June 30, 2010 and 2009, respectively. The Company defines “EBITDA” and “Adjusted EBITDA” as net income adjusted to exclude the following line items presented in its Statement of Operations: Equity in loss of investee, noncontrolling interest, income taxes, other expense (income), interest expense, interest and dividend income, net, depreciation and amortization, and in the case of Adjusted EBITDA non-cash equity based compensation. While this non-Generally Accepted Accounting Principles (“GAAP”) measure has been relabeled to more accurately describe in the title the method of calculation of the measure, the actual method of calculating the measure is presented below.
 
The Company uses Adjusted EBITDA, among other things, and possibly with additional adjustments, to evaluate the Company’s operating performance, to value prospective acquisitions, and as one of several components of incentive compensation targets for certain management personnel, and this measure is among the primary measures used by management for planning and forecasting of future periods. This measure is an important indicator of the Company’s operational strength and performance of its business because it provides one of several links between profitability and operating cash flow. The Company believes the presentation of this measure is relevant and useful for investors because it allows investors to view performance in a manner similar to the method used by the Company’s management, helps improve their ability to understand the Company’s operating performance and makes it easier to compare the Company’s results with other companies that have different financing and capital structures or tax rates. In addition, it is our understanding that this measure is also among the primary measures used externally by the Company’s investors, analysts and peers in its industry for purposes of valuation and comparing the operating performance of the Company to other companies in its industry. The Company has elected to not adjust EBITDA for the impact of the adoption of ASC 718 (formerly FAS No.123R) and the Company has provided what it believes to be relevant supplemental information in this communication for analysis by others to fit their particular needs.

Since EBITDA and Adjusted EBITDA are not measures of performance calculated in accordance with GAAP, it should not be considered in isolation of, or as a substitute for, net income as an indicator of operating performance. EBITDA and Adjusted EBITDA, as the Company calculates it, may not be comparable to similarly titled measures employed by other companies. In addition, this measure does not necessarily represent funds available for discretionary use, and is not necessarily a measure of the Company’s ability to fund its cash needs. As EBITDA and Adjusted EBITDA exclude certain financial information compared with net income, the most directly comparable GAAP financial measure, users of this financial information should consider what information is excluded. As required by the SEC, the Company provides below a reconciliation of EBITDA and Adjusted EBITDA to net income, the most directly comparable amount reported under GAAP.
 

 
Reconciliation of Reported Net Income (Loss)
To EBITDA and Adjusted EBITDA
(Dollars in thousands, except per share data)
(Unaudited)
 
   
Three Months Ended
   
Six Months Ended
 
   
June 30,
   
June 30,
   
June 30,
   
June 30,
 
   
2010
   
2009
   
2010
   
2009
 
                                 
Net loss attributable to Atrinsic
  $ (4,492 )   $ (1,948 )   $ (7,926 )   $ (3,136 )
                                 
Reconciliation Items:
                               
Equity in (earnings) loss of Investee
    (50 )     (33 )     60       52  
Net (income) attributable to noncontrolling interest
    -       46       -       28  
Income taxes
    109       (930 )     173       (1,600 )
Other (income) expense
    (53 )     6       (10 )     5  
Interest (income) expense and dividends, net
    (2 )     10       (3 )     14  
Depreciation and amortization
    324       1,007       647       2,562  
                                 
EBITDA
    (4,164 )   $ (1,842 )     (7,059 )   $ (2,075 )
                                 
Non-cash equity based compensation
  $ 305     $ 482     $ 635     $ 822  
                                 
Adjusted EBITDA
    (3,859 )   $ (1,360 )     (6,424 )   $ (1,253 )
                                 
Diluted Adjusted EBITDA
                               
per Common Share
  $ (0.18 )   $ (0.07 )   $ (0.31 )   $ (0.06 )
 

 
ATRINSIC, INC. AND SUBSIDIARIES
CONDENSED CONSOLIDATED BALANCE SHEETS
(Dollars in thousands, except per share data)
 
   
As of
   
As of
 
   
June 30,
   
December 31,
 
   
2010
   
2009
 
   
(Unaudited)
       
                                                         ASSETS
           
Current Assets
           
Cash and cash equivalents
  $ 7,268     $ 16,913  
Accounts receivable, net of allowance for doubtful accounts of $3,940 and $4,295
    8,980       7,985  
Income tax receivable
    3,524       4,373  
Prepaid expenses and other current assets
    958       2,643  
                 
   Total Current Assets
    20,730       31,914  
                 
PROPERTY AND EQUIPMENT, net of accumulated depreciation of $1,141 and $1,078
    3,309       3,553  
INTANGIBLE ASSETS, net of accumulated amortization of $3,466 and $8,605
    6,907       7,253  
INVESTMENTS, ADVANCES AND OTHER ASSETS
    1,819       1,878  
                 
   TOTAL ASSETS
  $ 32,765     $ 44,598  
                 
                                                LIABILITIES AND EQUITY
               
Current Liabilities
               
Accounts payable
  $ 4,522     $ 6,257  
Accrued expenses
    6,850       9,584  
Other current liabilities
    698       725  
                 
   Total Current Liabilities
    12,070       16,566  
                 
DEFERRED TAX LIABILITY, NET
    1,719       1,697  
OTHER LONG TERM LIABILITIES
    908       988  
                 
   TOTAL LIABILITIES
    14,697       19,251  
                 
COMMITMENTS AND CONTINGENCIES (see note 12)
    -       -  
                 
STOCKHOLDERS' EQUITY
               
Common stock - par value $0.01, 100,000,000 authorized, 23,588,579 and 23,583,581
               
shares issued at June 30, 2010 and 2009, respectively; and, 20,862,543 and 20,842,263
               
shares outstanding at June 30, 2010 and 2009, respectively.
    236       236  
Additional paid-in capital
    179,057       178,442  
Accumulated other comprehensive income (loss)
    1       (20 )
Common stock, held in treasury, at cost, 2,726,036 and 2,741,318 shares at 2010 and
               
2009, respectively.
    (4,981 )     (4,992 )
Accumulated deficit
    (156,245 )     (148,319 )
                 
   Total Stockholders' Equity
    18,068       25,347  
                 
   TOTAL LIABILITIES AND EQUITY
  $ 32,765     $ 44,598  
 

 
ATRINSIC, INC. AND SUBSIDIARIES
CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS
(UNAUDITED)
(Dollars in thousands, except per share data)
 
   
Three Months Ended
   
Six Months Ended
 
   
June 30,
   
June 30,
 
   
2010
   
2009
   
2010
   
2009
 
                                 
Subscription
  $ 4,991     $ 4,833     $ 10,973     $ 10,210  
Transactional and Marketing Services
    5,822       12,175       12,040       30,346  
NET REVENUE
    10,813       17,008       23,013       40,556  
                                 
OPERATING EXPENSES
                               
Cost of media-third party
    6,009       10,472       13,353       25,948  
Product and distribution
    5,128       2,597       9,489       4,851  
Selling and marketing
    1,337       2,142       2,287       4,927  
General, administrative and other operating
    2,503       3,639       4,943       6,905  
Depreciation and amortization
    324       1,007       647       2,562  
      15,301       19,857       30,719       45,193  
                                 
LOSS FROM OPERATIONS
    (4,488 )     (2,849 )     (7,706 )     (4,637 )
                                 
OTHER (INCOME) EXPENSE
                               
Interest income and dividends
    (2 )     (16 )     (4 )     (62 )
Interest expense
    -       26       1       76  
Other (income) expense
    (53 )     6       (10 )     5  
      (55 )     16       (13 )     19  
                                 
LOSS BEFORE TAXES AND EQUITY IN LOSS OF INVESTEE
    (4,433 )     (2,865 )     (7,693 )     (4,656 )
                                 
INCOME TAXES
    109       (930 )     173       (1,600 )
                                 
EQUITY IN (EARNINGS) LOSS OF INVESTEE, AFTER TAX
    (50 )     (33 )     60       52  
                                 
NET LOSS
    (4,492 )     (1,902 )     (7,926 )     (3,108 )
                                 
LESS: NET LOSS ATTRIBUTABLE TO NONCONTROLLING
                               
INTEREST, AFTER TAX
    -       46       -       28  
                                 
NET LOSS ATTRIBUTABLE TO ATRINSIC, INC
  $ (4,492 )   $ (1,948 )   $ (7,926 )   $ (3,136 )
                                 
NET LOSS PER SHARE ATTRIBUTABLE TO ATRINSIC
                               
COMMON STOCKHOLDERS
                               
Basic
  $ (0.22 )   $ (0.10 )   $ (0.38 )   $ (0.15 )
Diluted
  $ (0.22 )   $ (0.10 )   $ (0.38 )   $ (0.15 )
                                 
WEIGHTED AVERAGE SHARES OUTSTANDING:
                               
Basic
    20,869,210       20,294,869       20,856,736       20,537,557  
Diluted
    20,869,210       20,294,869       20,856,736       20,537,557  
 

 
ATRINSIC, INC. AND SUBSIDIARIES
CONDENSED CONSOLIDATED STATEMENTS OF CASH FLOWS
(UNAUDITED)
(Dollars in thousands, except per share data)
 
   
Six Months Ended
 
   
June 30,
 
   
2010
   
2009
 
             
Cash Flows From Operating Activities
           
Net loss
  $ (7,926 )   $ (3,108 )
Adjustments to reconcile net loss to net cash
               
used in operating activities:
               
Allowance for doubtful accounts
    (25 )     1,474  
Depreciation and amortization
    647       2,562  
Stock-based compensation expense
    635       822  
Deferred income taxes
    21       (1,661 )
Equity in loss of investee
    60       81  
Changes in operating assets and liabilities of business, net of acquisitions:
               
Accounts receivable
    (924 )     4,995  
Prepaid income tax
    856       (326 )
Prepaid expenses and other current assets
    1,684       (206 )
Accounts payable
    (1,734 )     (185 )
Other, principally accrued expenses
    (2,887 )     (5,120 )
Net cash used in operating activities
    (9,593 )     (672 )
                 
Cash Flows From Investing Activities
               
Cash received from investee
    -       1,080  
Cash paid to investees
    -       (781 )
Proceeds from sales of marketable securities
    -       4,242  
Business combinations
    -       (115 )
Acquisition of loan receivable
    -       (480 )
Capital expenditures
    (38 )     (264 )
Net cash (used in) provided by investing activities
    (38 )     3,682  
                 
Cash Flows From Financing Activities
               
Repayments of notes payable
    -       (1,750 )
Liquidation of non-controlling interest
    -       (288 )
Purchase of common stock held in treasury
    (9 )     (939 )
Net cash used in financing activities
    (9 )     (2,977 )
                 
Effect of exchange rate changes on cash and cash equivalents
    (5 )     (8 )
                 
Net (Decrease) Increase In Cash and Cash Equivalents
    (9,645 )     25  
Cash and Cash Equivalents at Beginning of Year
    16,913       20,410  
Cash and Cash Equivalents at End of Period
  $ 7,268     $ 20,435  
                 
SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION
               
Cash paid for interest
  $ -     $ 68  
Cash refunded (paid) for taxes
  $ 705     $ 264