Item 2.02 - Results of Operations and Financial Condition and Item 7.01 -
Regulation FD Disclosure.
On August 11, 2008, BMP Sunstone Corporation (the "Company") announced by
press release and earnings conference call its financial results for the second
quarter ended June 30, 2008, and certain other information. The information
contained in the press release, which is attached to this report as
Exhibit 99.1, is incorporated by reference herein and is furnished pursuant to
Item 2.02, "Results of Operations and Financial Condition" and Item 7.01,
"Regulation FD Disclosure."
Exhibit 99.1 to this Report contains certain financial measures that are
considered "non-GAAP financial measures" as defined in the SEC rules.
Exhibit 99.1 to this Report also contains the reconciliation of these non-GAAP
financial measures to their most directly comparable financial measures
calculated and presented in accordance with generally accepted accounting
principles.
The non-GAAP financial measures presented in Exhibit 99.1 to this Report
include non-GAAP operating income, non-GAAP net income, non-GAAP earnings per
share and non-GAAP gross profit, each of which the Company's management believes
provides useful information to investors regarding the Company's results of
operations. The Company's management believes such information more accurately
portrays the operational performance of the business given the significant
non-cash charges of the Company. The Company's management uses the non-GAAP
financial measures to determine and evaluate, on an on-going basis, the
performance of each of its subsidiaries and the consolidated performance of the
Company as a whole. The significant non-cash charges of the Company include the
following: stock based compensation, amortization of debt discount and issuance
costs and amortization related to acquisitions.
The information in this Form 8-K, including Exhibit 99.1 attached hereto,
shall not be deemed to be "filed" for purposes of Section 18 of the Securities
Exchange Act of 1934, as amended (the "Exchange Act"), or otherwise subject to
the liability of such section, nor shall it be deemed incorporated by reference
in any filing of the Company under the Securities Act of 1933, as amended, or
the Exchange Act, regardless of any general incorporation language in such
filing, unless expressly incorporated by specific reference in such filing. The
information in this Form 8-K, including Exhibit 99.1, will not be deemed an
admission as to the materiality of any information contained herein that is
required to be disclosed solely by Regulation FD.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits.
Exhibit Number Description of Exhibit
99.1 Press Release, dated August 11, 2008.
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