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| ABTL > SEC Filings for ABTL > Form 8-K on 13-Nov-2012 | All Recent SEC Filings |
13-Nov-2012
Results of Operations and Financial Condition, Financial Statements and Exhibits
On November 8, 2012, Autobytel Inc., a Delaware corporation ("Autobytel" or the "Company"), announced in a press release its financial results for the quarter ended September 30, 2012. A copy of Autobytel's press release announcing these financial results is attached as Exhibit 99.1 to this Current Report on Form 8-K.
In connection with the press release, Autobytel held a telephone conference call that was webcast on November 8, 2012. Presentation slides referenced during the conference call were available on Autobytel's website for viewing by call participants. A transcript of that call together with presentation slides referenced during the conference call are attached hereto as Exhibit 99.2 to this Current Report on Form 8-K.
After the conference call, Autobytel became aware that the diluted earnings per share for the quarter ended September 30, 2012 had been incorrectly stated in the press release, presentation slides and in the conference call. Diluted earnings per share for the quarter ended September 30, 2012 should have been $0.06 rather than $0.05. In addition, excluding a one-time impairment charge related to a long-lived asset, diluted earnings per share for the quarter ended September 30, 2012 should have been $0.07 rather than $0.06. The foregoing corrections are noted on the copies of the press release, presentation slides and transcript of the conference call included as exhibits to this Current Report on Form 8-K. Prior to the filing of this Current Report on Form 8-K with the Securities and Exchange Commission ("SEC"), the Company also filed an amendment to its Quarterly Report on Form 10-Q for the quarter ended September 30, 2012 that was filed with the SEC on November 8, 2012 to reflect that diluted earnings per share for the quarter ended September 30, 2012 was $0.06 rather than $0.05.
The attached transcript and presentation slides contain information that
includes the following non-GAAP financial measures as defined in Regulation G
adopted by the Securities and Exchange Commission: "EBITDA," "Cash Flow," "Cash
Net Income" and "Cash Net Income Per Diluted Share." The Company defines EBITDA
as net income/(loss) before (i) interest; (ii) taxes; and (iii) depreciation and
amortization. The Company defines non-GAAP Cash Flow as EBITDA plus non-cash
stock compensation related to the Company's grant of stock options and other
equity instruments. The Company defines non-GAAP Cash Net Income as net
income/(loss) plus depreciation and amortization and non-cash share-based
compensation. The Company defines Cash Net Income Per Diluted Share as Cash Net
Income divided by diluted average weighted shares outstanding. The Company
believes these non-GAAP financial measures provide important supplemental
information regarding the underlying business trends and performance of the
Company's ongoing operations to management and investors. These non-GAAP
financial measures reflect an additional way of viewing aspects of the Company's
operations that, when viewed with the GAAP results and the accompanying
reconciliations to corresponding GAAP financial measures, provide a more
complete understanding of factors and trends affecting the Company's business
and results of operations. These non-GAAP financial measures 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.
Management strongly encourages investors to review the Company's consolidated
financial statements in their entirety and to not rely on any single financial
measure. Because non-GAAP financial measures are not standardized, it may not
be possible to compare these financial measures with other companies' non-GAAP
financial measures having the same or similar names. In addition, the
Company may continue to incur expenses similar to the non-GAAP adjustments
described above, and exclusion of these items from the Company's non-GAAP
measures should not be construed as an inference that these costs are unusual,
infrequent or non-recurring. The reconciliation of these non-GAAP financial
measures to the GAAP financial measures that Autobytel considers most comparable
is included in the presentation slides included with the call transcript filed
as Exhibit 99.2 to this Current Report on Form 8-K.
The attached press release, transcript and presentation slides are incorporated herein solely for purposes of this Item 2.02 disclosure. The information furnished pursuant to this Item 2.02, including the exhibits attached hereto, shall not be deemed to be filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended ("Exchange Act"), or otherwise subject to the liabilities of that section, nor shall it be incorporated by reference into any filings under the Securities Act of 1933, as amended, or the Exchange Act, regardless of any incorporation by reference language of such filing. In addition, the press release, transcript and presentation slides furnished as exhibits to this report include "safe harbor" language pursuant to the Private Securities Litigation Reform Act of 1995, stating that certain statements about Autobytel's business contained in the press release, transcript and presentation slides are "forward-looking" rather than "historic."
(d) Exhibits
99.1 Press Release dated November 8, 2012
99.2 Transcript of Conference Call by Autobytel Inc. dated November 8, 2012 and Call Presentation Slides
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