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| LBTYA > SEC Filings for LBTYA > Form 8-K/A on 28-Oct-2009 | All Recent SEC Filings |
28-Oct-2009
Regulation FD Disclosure
Liberty Global, Inc. (Liberty Global) indirectly owns 37.8% of Jupiter Telecommunications Co., Ltd. (J:COM). J:COM, a consolidated subsidiary of Liberty Global, is a separate public company with shares listed on the JASDAQ. J:COM is Japan's largest multiple system operator, based on the number of customers served, providing cable television, internet access and telephone services in Japan.
Pursuant to JASDAQ's rules, J:COM plans to publicly announce in Japan on October 28, 2009 its results for the nine months ended September 30, 2009 by issuing a press release. In addition, J:COM's management will hold an earnings call to discuss these results on October 28, 2009 at 3:00 pm Tokyo time. The earnings call will be conducted in Japanese. An English translation of the earnings release and presentation materials for the earnings call will be made available on the investor relations section of J:COM's website (http://www.jcom.co.jp/ir_en.html) prior to the start of the call.
On October 28, 2009, and pursuant to JASDAQ's rules, J:COM publicly announced in Japan its results for the nine months ended September 30, 2009 by issuing a press release. The full text of an English language translation of that press release, appearing in Exhibit 99.1 hereto, is incorporated herein by reference.
Exhibit 99.1 is furnished under both Item 2.02 "Results of Operations and Financial Condition" and Item 7.01 "Regulation FD Disclosure." Exhibit 99.1 refers to J:COM's historical "Operating Cash Flow (OCF)" and "Free Cash Flow." OCF and Free Cash Flow are non-GAAP measures as contemplated by the U.S. Securities and Exchange Commission's Regulation G.
J:COM believes that its presentation of OCF provides useful information to investors, as OCF provides a transparent view of J:COM's recurring operations and is a key measure that is used by J:COM's chief operating decision makers to evaluate operating performance and to decide how to allocate resources.
J:COM believes that its presentation of Free Cash Flow provides useful information to investors, as this measure can be used to gauge J:COM's ability to service debt and fund new investment opportunities. Free Cash Flow should not be understood to represent J:COM's ability to fund discretionary amounts, as J:COM has various mandatory and contractual obligations, including debt repayments, which are not deducted to arrive at this amount.
Investors should view J:COM's OCF and Free Cash Flow as supplements to, and not substitutes for, operating income (loss), net income (loss), cash flows from operating activities and other GAAP measures of income or cash flows.
A reconciliation of historical OCF and Free Cash Flow to the most directly comparable GAAP financial measure is presented below (amounts may not total due to rounding):
Three months ended Nine months ended
September 30, September 30,
2009 2008 2009 2008
Yen 100 million
Operating cash flow (a) 368 312 1,067 899
Depreciation and amortization (222 ) (172 ) (616 ) (505 )
Stock compensation - - (1 ) -
Operating income 146 139 450 393
Free cash flow (b) 157 116 416 320
Capital expenditures 113 116 348 289
Capital lease expenditures 47 38 128 109
Net cash provided by operating
activities 318 271 893 719
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(b) J:COM defines Free Cash Flow as cash provided by operating activities less capital expenditures including capital lease expenditures.
Forward-Looking Statements
This press release contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995, including statements regarding J:COM's 2009 annual forecast, financial and subscriber trends, and business, product and marketing strategies. These forward-looking statements involve certain risks and uncertainties that could cause actual results to differ materially from those expressed or implied by these statements. These risks and uncertainties include the continued use by subscribers and potential subscribers of J:COM's services, changes in technology, regulation and competition, J:COM's ability to achieve expected operational efficiencies and economies of scale, J:COM's ability to generate expected revenue, operating cash flow and dividends and achieve assumed margins including, to the extent annualized figures imply forward-looking projections, continued performance comparable with the period annualized, as well as other factors that may be applicable to J:COM and its business detailed from time to time in Liberty Global's filings with the Securities and Exchange Commission and J:COM's filings with the JASDAQ. These forward-looking statements speak only as of the date of this release. Liberty Global expressly disclaims any obligation or undertaking to disseminate any updates or revisions to any guidance and other forward-looking statement contained herein to reflect any change in Liberty Global's or J:COM's expectations with regard thereto or any change in events, conditions or circumstances on which any such statement is based.
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