Message #61 From:
NewsBot Date: November 21, 2006 01:35:00 AM
GNPI News Genius Products, Inc. Reports Record Revenues for Third Quarter Ended September 30, 2006
SANTA MONICA, Calif.--(BUSINESS WIRE)--Genius Products, Inc. (OTCBB:GNPI) today announced results for its third
quarter ended September 30, 2006. The significant business milestones
accomplished during the third quarter have positioned the Company,
through Genius Products, LLC (the “Distributor”)
as one of the fastest growing leading independent distributors of home
entertainment content in the United States.
“We view the third quarter of 2006 as the
Company’s most important to date based on
the closing of our strategic transaction with The Weinstein Company
(TWC), the announcement of major content partnerships including ESPN,
World Wrestling Entertainment (WWE) and Discovery Kids, and achieving
record revenues of $134.5 million,” said
Stephen K. Bannon, Chairman. “The recent
content agreements continue to significantly strengthen our position in
the market and have reaffirmed our strategy to focus on four fundamental
content 'Verticals': Sports; Family/Faith; Lifestyle; and Independent
Film. Our commitment to our retail partners and content providers
continues to be based on collaboration and thought leadership. We
believe this strategy will continue to attract additional content
providers and allow our current partners to maximize their home
entertainment revenue and profit.
“Based on the recent momentum in this area
we are confident we will hit our stated pro forma 2006 gross revenue
target of $370 million. In addition, because of the strong momentum with
new content providers, the recently announced Blockbuster alliance and
the anticipation of new content providers that will be announced shortly
we raised our 2007 gross revenue range to $700 - $800 million,”
continued Mr. Bannon. “In addition, we
believe our new product portfolio as well as our anticipated new content
partnerships will result in approximately 25% of gross revenues by
year-end 2007 and 50% by year-end 2008 being derived from non-Weinstein
Company content providers.”
As previously announced, on July 21, 2006, Genius Products, Inc.
completed its strategic transaction with TWC pursuant to which it
launched a venture named Genius Products, LLC (the “Distributor”)
to exploit the exclusive U.S. home video distribution rights to feature
film and direct-to-video releases owned or controlled by TWC. From
December 5, 2005 through the closing,Genius Products, Inc. operated
under an interim distribution agreement with TWC and recorded the
results from titles it released for TWC on its financial statements.
After closing, substantially all of the revenue and expenses, as well as
the results from releasing TWC product, are reflected in the financial
statements of the Distributor. The Company will record its 30% share of
the Distributor's profit or loss as equity in net earnings (losses) from
Distributor.
The third quarter results reflect the operations of the Company under
its interim distribution agreement with TWC for the 21 days ending July
21 and its 30% share of Genius Products, LLC’s
net loss for the 71 days ending September 30, 2006. For ease of
comparison to the previous quarter, the results of Genius Products, Inc.
presented in this release reflect consolidation of the Genius Products,
LLC financial statements with the Genius Products, Inc. financial
statements, which is pro forma for the effect of TWC Holdings converting
its Class W Units into 70% of the common stock of Genius Products, Inc.,
which increases the shares outstanding to effect for TWC’s
70% interest. Investors should refer to Exhibit 99.1 of the quarterly
report which includes the financial statements of the Distributor which
we believe will provide a better understanding of the financial
performance of the operation.
“During the quarter, we continued to
successfully execute our growth strategy by leveraging our relationship
with TWC and greatly diversifying our content portfolio,”
commented Trevor Drinkwater, President and Chief Executive Officer. “We
are very excited about the growth opportunities related to the new
distribution agreements we signed with ESPN, World Wrestling
Entertainment, Discovery Communications and ImaginAsian. The economic
model associated with these new agreements is consistent with our stated
objective to significantly improve revenue and margins. We have also
been successful in diversifying our product offering and now have a
significant library to exploit through the sale of both the physical and
the electronic version.”
Pro Forma Financial Results
The financial results discussed below are the pro forma results
reflecting the consolidation of the financial statements of the
Distributor with Genius Products, Inc. The 2005 historical results and
prior quarterly results discussed below are the actual results of Genius
Products, Inc.
Third quarter results reflect a significant improvement in revenues and
gross profit largely as a result of releases from the TWC relationship
and early success from the Company’s
recently announced content relationships.
Gross revenues increased to $134.5 million for the three months ending
September 30, 2006, up 316% compared to full year 2005 gross revenue of
$32.3 million.
Sales returns, discounts and allowances were $35.7 million for the third
quarter of 2006, compared to $2.1 million for the third quarter of 2005.
This increase coincides with the increase in overall gross revenues.
Sales returns, discounts and allowances increased to 26.6% of gross
revenues in the third quarter of 2006 compared to 20.1% and 25.9% of
gross revenues for the comparable period last year and the second
quarter of 2006, respectively.
Gross profit for the third quarter 2006 improved to $28.2 million or
28.5% of net revenues, compared to a gross profit of $2.4 million, or
29.0% of gross revenues, for the comparable period last year. The
improvement was primarily due to higher net revenues coupled with the
culmination of the shift away from the historic Genius Products value
business.
Sales and marketing expenses, which are primarily recoupable expenses,
increased to $23.7 million in the third quarter of 2006 from $609,000 in
the comparable period last year primarily due to the increased level of
expenses incurred in connection with releasing TWC titles.
General and administrative expenses increased to $9.4 million in the
third quarter of 2006 compared to $2.5 million in the third quarter of
2005 primarily due to increased salaries, rent, general and
administrative expenses associated with the TWC transaction and the
resulting ramp-up of infrastructure of $1.7 million and non-cash
compensation expense related to rule FAS 123(R) of $3.1 million.
Excluding these expenses, G&A totaled $4.6 million in the third quarter
2006 or 4.7% of net revenues.
The third quarter 2006 net loss of $5.1 million included non-cash
compensation expense related to FAS 123(R) of $3.1 million,
depreciation, amortization, and taxes totaling $0.6 million, net
interest income of $0.2 million and one-time non-recurring general and
administrative expenses of $1.7 million relating to the TWC transaction
and the resulting ramp-up of infrastructure. Excluding these items, the
Company recorded adjusted net income on a non-GAAP basis of $0.2 million
for the third quarter 2006. A reconciliation of GAAP net loss to
adjusted net income, a non-GAAP measure, is provided in the attached
tables.
The Company believes that certain non-GAAP measures, when presented in
conjunction with comparable GAAP (Generally Accepted Accounting
Principles) measures, are useful because that information is an
appropriate measure for evaluating the Company’s
operating performance. Internally, the Company uses this non-GAAP
information as an indicator of business performance, and evaluates
management’s effectiveness with specific
reference to these indicators. These measures should be considered in
addition to, and not as a substitute for, measures of financial
performance prepared in accordance with GAAP.
Genius Products, Inc. Actual Results
The discussions in this section reflect the Company’s
operations for the 21 day period ending July 21, 2006, the period prior
to the closing of the TWC transaction. For the 71-day period from July
22 through September 30 (post Closing), the Company accounted for its
investment in the Distributor on its financial statements using the
equity method of accounting. Under the equity method of accounting, only
its investment in and amounts due to and from the Distributor are
included in its consolidated balance sheet. On its statement of
operations, the Company recorded its 30% share of the Distributor's
profit or loss as equity in net earnings (losses) from Distributor.
After the Closing, substantially all of the Company’s
revenue and expenses are reflected in the financial statements of the
Distributor. The Company did not compare the results of operations for
the 21-day period ending July 21, 2006 with the three and nine months
ended September 30, 2005 due to the fact that the time periods involved
are not comparable, and the prior year periods consisted entirely of
non-TWC product.
Total gross revenues for the 21 days ended July 21, 2006 were $21.7
million. Sales returns, discounts and allowances were $4.3 million for
the 21 days ended July 21, 2006. This resulted primarily from the
increase in sales from the video release of TWC's “The
Matador” and “The
Libertine”.
General and administrative expenses were $2.2 million during the 21 days
ending July 21, 2006. General and administrative expenses primarily
relate to payroll, rent, and transaction costs. Investment banking,
audit and legal fees of $1.4 million for the 21 days ending July 21,
2006 related to the closing of the transaction with The Weinstein
Company. General and administrative expenses also include warrants and
options expense associated with compensation to certain employees and
outside consultants of $0.2 million during the 21 days ending July 21,
2006. General and administrative expenses were 12.7% net revenues for
the 21 days ending July 21, 2006.
Sales and marketing expenses were $5.9 million during the 21 days ending
July 21, 2006. Sales and marketing is primarily attributable to the
advertising campaigns for the video release of TWC's “Scary
Movie 4” which was released on August 15,
2006.
During the 71-day period from July 22 through September 30, the Company’s
30% interest in the net loss of the Distributor was $1.9 million.
For the 3 months ended September 30, 2006, the Company’s
loss before extraordinary item was $3.1 million.
As part of the purchase accounting associated with the closing of the
TWC transaction, Genius Products, Inc. recognized an extraordinary gain
in the third quarter of 2006 of $50 million based on the difference
between the fair market value of assets contributed and the net book
value, reduced for the portion of the gain associated with the retained
economic interest in the Distributor.
For the 3 months ended September 30, 2006, the Company’s
net income was $47.0 million.
Strategic Achievements
The company, through the Distributor, announced the addition of several
major content partnerships in sports, family and independent film
categories including:
-- ESPN Home Entertainment - Genius Products, LLC entered into an
exclusive distribution agreement with ESPN and through Genius
Products, LLC (the "Distributor") is expected to distribute a
minimum of 15 titles per year through 2011 including ESPN Original
Entertainment titles such as "3", "Four Minutes", "The Junction
Boys", "Playmakers", "Through the Fire", "Tilt", and the upcoming
"Ali Rap", along with major branded programs from SportsCentury,
ESPN Classic, ESPN Outdoors, X Games, ABC Sports, and college
sports titles (please refer to the 8-K filed on July 11, 2006).
-- World Wrestling Entertainment, Inc. - Genius Products, LLC entered
into a multi-year agreement with World Wrestling Entertainment,
Inc. (WWE), to be the exclusive home entertainment distributor of
all WWE DVD titles, effective November 1, 2006. New releases will
include content from WWE's 90,000-hour video library, the largest
of its kind in the world, featuring content from RAW(R),
SmackDown!(R) and ECW(R) (Extreme Championship Wrestling(TM)),
pay-per-view events, including WrestleMania, and past and present
Superstar profiles, among others.
The first title to be distributed features one of WWE's greatest
legends, BORN TO CONTROVERSY: THE RODDY PIPER(TM) STORY (November
14, 2006, street date), THE SPECTACULAR LEGACY OF THE AWA(R)
(November 21, 2006, street date) and the RAW brand's pay-per-view,
WWE CYBER SUNDAY(TM) 2006 (December 5, 2006, street date). Genius
will release a minimum of 25 new titles in 2007, with additional
plans to exploit WWE's DVD catalog of more than 100 titles.
-- Discovery Communications, Inc. - Genius Products, LLC has entered
into an agreement with Discovery Communications, Inc. (DCI) to be
the exclusive home entertainment distributor of Discovery Kids
programming. Genius plans an aggressive rollout of the Discovery
Kids properties beginning in February 2007, delivering a minimum of
16 titles per year. Properties for release on DVD include KENNY THE
SHARK, TUTENSTEIN and FLIGHT 29 DOWN, as seen on the Discovery Kids
Channel and PAZ and SAVE-UMS from Ready Set Learn!(TM), the
preschool block that airs on TLC and Discovery Kids Channel.
-- ImaginAsian Entertainment, Inc. - Genius Products, LLC has entered
into a multi-year agreement with ImaginAsian Entertainment, Inc. to
be the exclusive home entertainment distributor for ImaginAsian's
expanding portfolio of Asian-genre motion pictures and television
programs. The first two films in the repertoire include Green
Chair, one of 2005's most acclaimed Korean films, directed by
veteran South Korean director Park Chul-soo, and the
critically-acclaimed Vietnamese American feature film Journey from
the Fall, written and directed by Ham Tran and produced by Lam
Nguyen.
-- Blockbuster, Inc. - Genius Products, LLC will act as the exclusive
distributor to The Weinstein Company (TWC) in executing and
servicing TWC's historic strategic alliance with Blockbuster. TWC
has entered into a four-year exclusive alliance, which provides
Blockbuster exclusive rental rights to TWC's theatrical and
direct-to-video movies, beginning Jan. 1, 2007. Under the terms of
the agreement, TWC and Blockbuster will share rental revenues from
TWC's theatrical and direct-to-video titles. Genius Products, LLC,
TWC's exclusive home entertainment distributor, will provide
distribution services to TWC in connection with the deal. Some of
the first films available for rent exclusively at Blockbuster will
include: "Bobby," "School for Scoundrels," "The Protector," "Shut
Up & Sing," "Miss Potter," "Grindhouse," "The Nanny Diaries,"
"Arthur and The Invisibles."
We expect that the Blockbuster deal will position Genius Products,
LLC for predictable rental revenue streams over the term of the
agreement and will greatly expand its ability to maximize
performance of its non-theatrical release slate.
Operational Achievements and Outlook
Closed the strategic transaction with TWC on July 21, 2006 providing
Genius Products, LLC with the exclusive U.S. home video distribution
rights for virtually all TWC's filmed entertainment and
direct-to-video product (please refer to the 8-K filed on July 26,
2006)
Released four TWC theatrical titles on DVD: “The
Matador”, “The
Libertine”, “Scary
Movie 4” and“Lucky
Number Slevin”, and 9 IFC (Independent
Film Channel) theatrical titles on DVD including, “Manderlay”,
“CSA:The Confederate States of
America”, “Sorry
Haters” and “Lonesome
Jim”
Released two TWC direct-to-video titles including “Kill
Zone”, a Dragon Dynasty title and Bridezillas
Expanded the Board of Directors of Genius Products, Inc. from four to
six members with the addition of two TWC executives, Larry Madden,
Executive Vice President and CFO of TWC, and Irwin Reiter, Executive
Vice President of Accounting and Financial Reporting of TWC
“The significant business milestones we
accomplished during the third quarter has positioned Genius Products,
through the Distributor, as one of the fastest growing independent
distributors of home entertainment content in the United States,”
stated Trevor Drinkwater, President and Chief Executive Officer. “Having
closed our relationship with TWC on July 21, 2006, we laid a powerful
foundation for our future and significantly expanded our retail
relationships with industry giants, such as Wal-Mart, Best Buy,
Blockbuster and Target. We also continued to successfully expand our
position in the market by introducing new brands and winning new content
providers as long-term partners across our four fundamental content
verticals. We believe the Genius Products, LLC solid infrastructure,
sufficient capital and seasoned management team will enable us to
capitalize on the progress we have made so far and maintain our
impressive growth momentum into the future.”
“Our solid partnership with TWC and the new
relationships position Genius Products for profitable growth in the
fourth quarter and beyond,” remarked John
Mueller, Executive Vice President and Chief Financial Officer. “The
ramp-up and transactions costs related to the TWC transaction are now
virtually behind us and we are thrilled about expanding our operating
margins and building long-term value for our shareholders.”
The Company accounts for its investment in Genius Products LLC (the “Distributor”)
on its financial statements using the equity method of accounting. Under
the equity method of accounting, only its investment in and amounts due
to and from the equity investee are included in its consolidated balance
sheet. On its statement of operations, the Company records its 30% share
of the Distributor’s profit or loss as
equity in net earnings (losses) from Distributor. Commencing after July
21, the closing date of the TWC transaction, substantially all of the
Company’s results from its own business and
from releasing TWC product are reflected in the financial statements of
the Distributor. The Company has included separate financial statements
of the Distributor in a note to its financial statements (for additional
information please review our quarterly report on Form 10-Q filed on
November 20, 2006).
The Company's executives will host an investor conference call to
discuss the third quarter of 2006 results on November 21, 2006, at 6:00
a.m. PT (9:00 a.m. ET). Investors are invited to listen to Genius
Products' conference call by dialing 800-299-7928 and using the passcode
26616968. International callers can dial 617-614-3926 and enter the same
passcode. There will also be a simultaneous webcast available at www.geniusproducts.com.
A replay of the call will be available until Tuesday, December 5, 2006,
and can be accessed by dialing 888-286-8010 from the U.S., or
617-801-6888 for international callers, and using the passcode 68430660.
A replay webcast will also be available at www.geniusproducts.com.
About Genius Products, Inc.
Genius Products, Inc. (OTCBB:GNPI),
together with The Weinstein Company, own Genius Products, LLC, a leading
independent home-entertainment distribution company that produces,
licenses, and distributes a valuable library of motion pictures,
television programming, family, lifestyle and trend entertainment on DVD
and other emerging platforms through its expansive network of retailers
throughout the U.S. Genius handles the distribution, marketing and sales
for such brands as Asia Extreme(TM), Baby Genius®,
Dragon Dynasty(TM), Dimension Films, ESPN®,
IFC®, NBC News®,
Sundance Channel Home Entertainment®,
Wellspring(TM) and The Weinstein Company®.
Genius Products, Inc. is the managing member of Genius Products, LLC, in
which it holds a 30% equity interest.
Use of Non-GAAP Financial Information
Adjusted net income as presented in this press release and management's
audio presentation is a non-GAAP financial measure that represents GAAP
net income excluding the effects of a variety of charges and credits
that are required to be included in a GAAP presentation, including
non-cash compensation expense related to FAS 123(R), depreciation,
amortization, taxes, interest income, interest expense, TWC
transaction-related expenses including legal, accounting and tax
advisory fees and expenses associated with the ramp-up of operations
including recruitment, consulting, software and occupancy costs.
Adjusted net income may differ from non-GAAP measures used by other
companies and is not a measurement under GAAP. Management believes the
adjusted net income presentation enhances an overall understanding of
Genius Products’ financial performance from
operations, and it is used by management for that purpose. The Company
believes adjusted net income and per share adjusted net income provide
useful information to investors about the Company’s
financial performance because it eliminates the effects of period to
period changes in non-cash compensation expenses, depreciation,
amortization, interest income, interest expense, taxes and non-recurring
expenses associated with the TWC transaction and the resulting ramp-up
of operations, all of which the Company believes are not reflective of
the underlying performance of its ongoing operations. Measures similar
to adjusted net income are also widely used by the Company and other
companies in the industry to evaluate and price potential acquisition
candidates. In addition, the Company presents these measures because the
Company believes they are frequently used by analysts, investors and
other interested parties in evaluating companies such as Genius
Products. Since Genius Products has historically reported non-GAAP
results to the investment community, management believes the inclusion
of these non-GAAP financial measures provides consistency in its
financial reporting.
There are limitations inherent in non-GAAP financial measures such as
adjusted net income in that they exclude a variety of charges and
credits that are required to be included in a GAAP presentation, and do
not therefore present the full measure of Genius Products recorded costs
against its revenue. Management compensates for these limitations in
non-GAAP measures by also evaluating performance based on traditional
GAAP financial measures. Accordingly, investors should consider these
non-GAAP results together with GAAP results, rather than as an
alternative to GAAP basis financial measures.
Safe Harbor Statement
Except for historical matters contained herein, the matters discussed in
this press release are forward-looking statements. The forward-looking
statements reflect assumptions and involve risks and uncertainties that
may affect Genius Products’ business,
forecasts, projections and prospects, and cause actual results to differ
materially from those in these forward-looking statements. These
forward-looking statements include, but are not limited to, statements
relating to our profitability and revenues in 2006 or beyond, increased
sales volume and improved profitability, our anticipated growth of
revenues, our ability to forecast returns, our ability to successfully
position ourselves as a leading home entertainment distributor, the
number of anticipated releases per year, the anticipated timing and
financial performance of new releases including “3”,
“Four Minutes”, “The
Junction Boys”, “Playmakers”,
“Through the Fire”,
“Tilt”, “Ali
Rap”, including releases from
SportsCentury, ESPN Classic, ESPN Outdoors, X Games, ABC Sports, and
college sports titles,“Lassie”,
“Ong Bak 2”, “The
Protector”, “Born
to Fight”, “Kill
Zone”, “Seven
Swords”, Dragon Squad”,
BKN titles such as“Christmas Carol”,
“Ali Baba and the Forty Thieves”and“Kong Return to the Jungle”and TWC titles such as“The Matador”,
“The Libertine”, “Lucky
Number Slevin”, “Feast”,
“Clerks II”, and
“Pulse”
and any other statements relating to such new release that are not
historical statements of fact. Actual results could vary for many
reasons, including but not limited to, our ability to continue to
attract and keep experienced management, acquire and keep valuable
content or expand the distribution partnership, the unpredictability of
audience demand, the success of TWC titles at box office and the
popularity of our titles on DVD, especially TWC and ESPN titles, our
ability to perform under the terms of our agreement with our content
providers, especially with TWC and ESPN, our ability to continue to
manage our significant growth, the effect of technological change and
the availability of alternative forms of entertainment, our ability to
maximize our operating leverage. Other such risks and uncertainties
include the matters described in Genius Products’
filings with the Securities and Exchange Commission. Genius Products
assumes no obligation to update any forward-looking statements to
reflect events or circumstances occurring after the date of this press
release.
GENIUS PRODUCTS, INC. AND SUBSIDIARIES
SUPPLEMENTAL UNAUDITED PRO FORMA BALANCE SHEET
AS OF SEPTEMBER 30, 2006
Genius Products, Inc. (1)
Distributor (2)
Pro Forma Adjustments (3)
Pro Forma
ASSETS
Current assets:
Cash and cash equivalents
$ 1,071,021
$ 21,549,726
$ -
$ 22,620,747
Accounts receivable, net of allowance for doubtful accounts and
sales returns of $1,549,526 and $29,371,252
-
97,847,579
-
97,847,579
Inventories, net
-
14,271,241
-
14,271,241
Prepaid expenses
-
1,145,972
-
1,145,972
-
Total current assets
1,071,021
134,814,518
-
135,885,539
Restricted cash
-
306,109
-
306,109
Property and equipment, net
-
855,814
-
855,814
Film library, net of accumulated amortization of $5,028,415
-
27,601,056
-
27,601,056
Notes receivable, related party
-
1,712,353
-
1,712,353
Investment in Distributor
97,496,696
-
(97,496,696)
-
Customer relation- ships net of amortization
-
6,568,711
(6,568,711)
-
Value of contracts, net of amortization
-
1,609,028
(1,609,028)
-
Goodwill
-
75,352,092
(62,244,513)
(4)
13,107,579
Deposits and other
-
211,008
-
211,008
Total assets
$ 98,567,717
$ 249,030,689
$ (167,918,948)
$ 179,679,458
LIABILITIES AND STOCK- HOLDERS’
EQUITY
Current liabilities:
Accounts payable
$ -
$ 15,827,285
$ -
$ 15,827,285
Notes payable
-
200,000
-
200,000
Remittance to licensor
-
76,175,146
-
76,175,146
Accrued expenses
-
37,871,763
-
37,871,763
Deferred revenue
-
1,974,250
-
1,974,250
Redeemable common stock
425,730
-
-
425,730
Total current liabilities
425,730
132,048,444
-
132,474,174
Deferred gain, related party, net of current portion