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EMMS > SEC Filings for EMMS > Form 8-K on 30-Oct-2009All Recent SEC Filings

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Form 8-K for EMMIS COMMUNICATIONS CORP


30-Oct-2009

Regulation FD Disclosure


Item 7.01. Regulation FD Disclosure
On October 28, 2009, the Nasdaq Stock Market ("Nasdaq") informed Emmis Communications Corporation (the "Company") that the closing bid price of the Company's Class A Common Stock (listed on the Nasdaq Global Select Market under the symbol "EMMS") has been above $1.00 per share for at least ten consecutive trading days and that the Company is now in compliance with Listing Rule 5450
(a)(1) (the "Minimum Bid Price Rule").
On October 28, 2009, the Hungarian National Radio and Television Board (the "ORTT") announced that it was awarding to another bidder the national radio license currently held by our majority-owned subsidiary, Slager Radio Co. PLtd. ("Slager"). We believe the award of the license to the other bidder violates, among other things, the ORTT's own national radio license tender rules, the Hungarian Media Law and European Commission Treaty to which Hungary became a party in 2004, and are vigorously exploring avenues for having the award set aside, including but not limited to litigation in Hungary and in the European Union. If the award remains in effect, Slager would be required to cease to broadcast effective November 19, 2009.
The following table summarizes certain operating results for Slager for the three years ended February 28, 2009, as well as the six-month periods ended August 31, 2008 and 2009:

                                                Years ended February 28 (29),                     Six months ended August 31,
                                          2007               2008              2009                2008                  2009

Net revenues                           $  18,608          $ 20,579          $ 23,911          $      12,013          $     6,394
Station operating expenses,
excluding depreciation and
amortization expense                      11,644            12,701            13,517                  6,603                4,135
Depreciation and amortization              1,547             1,822             1,548                  1,018                  808
Income before income taxes                 5,280             6,123             9,321                  4,438                1,488
Provision for income taxes                   366             1,083             1,821                    804                  400

Net income attributable to Emmis           3,626             3,341             5,118                  2,401                  397
Net income attributable to
noncontrolling interests                   1,288             1,699             2,382                  1,233                  691

The following table summarizes the assets and liabilities of Slager as of February 28, 2009 and August 31, 2009:

                                           February 28, 2009       August 31, 2009

  Current assets:
  Cash and cash equivalents               $             8,985     $           3,760
  Accounts receivable, net                              3,523                 4,358
  Prepaid expenses                                      1,170                 1,478
  Other                                                   415                   263

  Total current assets                                 14,093                 9,859


  Noncurrent assets:
  Property and equipment, net                             523                   480
  Intangible assets, net                                1,460                   629
  Other noncurrent assets                                 127                   535

  Total noncurrent assets                               2,110                 1,644


  Total assets                            $            16,203     $          11,503


  Current liabilities:
  Accounts payable and accrued expenses   $             2,149     $           1,993
  Current maturities of long-term debt                  1,003                 1,008
  Accrued salaries and commissions                        407                   866
  Deferred revenue                                      1,325                 1,133

  Total current liabilities               $             4,884     $           5,000


Note: Certain statements included in this report which are not statements of historical fact, including but not limited to those identified with the words "expect," "will" or "look" are intended to be, and are, by this Note, identified as "forward-looking statements," as defined in the Securities and Exchange Act of 1934, as amended. Such statements involve known and unknown risks, uncertainties and other factors that may cause the actual results, performance or achievements of the Company to be materially different from any future result, performance or achievement expressed or implied by such forward-looking statement. Such factors include, among others:
• general economic and business conditions;

• fluctuations in the demand for advertising and demand for different types of advertising media;

• our ability to service our outstanding debt;

• increased competition in our markets and the broadcasting industry;

• our ability to attract and secure programming, on-air talent, writers and photographers;

• inability to obtain (or to obtain timely) necessary approvals for purchase or sale transactions or to complete the transactions for other reasons generally beyond our control;

• increases in the costs of programming, including on-air talent;

• inability to grow through suitable acquisitions;

• changes in audience measurement systems

• new or changing regulations of the Federal Communications Commission or other governmental agencies;

• competition from new or different technologies;

• war, terrorist acts or political instability; and

• other factors mentioned in documents filed by the Company with the Securities and Exchange Commission.

The Company does not undertake any obligation to publicly update or revise any forward-looking statements because of new information, future events or otherwise
Signatures.
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.

EMMIS COMMUNICATIONS CORPORATION

Date: October 30, 2009 By: /s/ J. Scott Enright J. Scott Enright, Executive Vice President, General Counsel and Secretary

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