NextWave Wireless Files Third Quarter Fiscal 2009 Results


SAN DIEGO--(BUSINESS WIRE)--Nov. 4, 2009-- NextWave Wireless Inc. (NASDAQ:WAVE) today announced that it has filed its Quarterly Report on Form 10-Q with the Securities and Exchange Commission for the third quarter of fiscal 2009, ended September 26, 2009.

The Form 10Q is available on the web site maintained by the Securities and Exchange Commission at www.sec.gov and on the NextWave website at www.nextwave.com under the heading "Investor Relations - Financial Information - SEC Filings." The financial information accompanying this press release should be reviewed together with the Notes to Condensed Consolidated Financial Statements, Management’s Discussion and Analysis of Financial Condition and Results of Operations and Risk Factors contained in the Form 10-Q.

About NextWave: NextWave Wireless Inc. is a wireless technology company that develops, produces and markets mobile multimedia and consumer electronic connectivity products including device-embedded software for mobile handsets, client-server media platforms, media sharing software for consumer electronics and pocket-sized mobile broadcast receivers. The company also manages and maintains worldwide wireless spectrum licenses.



NEXTWAVE WIRELESS INC.
CONDENSED CONSOLIDATED BALANCE SHEETS
(In thousands, except par value data)
(Unaudited)


September 26,
2009

December 27,
2008

ASSETS



Current assets:



Cash and cash equivalents

$ 22,234

$ 60,848

Restricted cash and marketable securities

28,091

24,870

Accounts receivable, net of allowance for doubtful accounts of $56 and $95 at September 26, 2009 and December 27, 2008, respectively

2,800

4,530

Wireless spectrum licenses held for sale

60,609

112,741

Deferred contract costs, prepaid expenses and other current assets

4,774

5,734

Current assets of discontinued operations

11,887

24,726

Total current assets

130,395

233,449

Wireless spectrum licenses, net

415,959

442,415

Goodwill

39,235

38,662

Other intangible assets, net

15,847

18,933

Property and equipment, net

4,465

4,206

Other assets, including assets measured at fair value of $1,211 and $4,210 at September 26, 2009 and December 27, 2008, respectively

11,382

19,845

Total assets

$ 617,283

$ 757,510

LIABILITIES AND STOCKHOLDERS’ DEFICIT



Current liabilities:



Accounts payable

$ 3,397

$ 7,417

Accrued expenses

16,562

24,887

Current portion of long-term obligations

180,493

136,567

Deferred revenue

5,565

17,378

Deferred revenue – related party

8,347


Other current liabilities

910

1,890

Current liabilities of discontinued operations

20,377

24,094

Total current liabilities

235,651

212,233

Deferred income tax liabilities

89,070

89,062

Long-term obligations, net of current portion

507,118

496,297

Other liabilities

20,272

16,034

Commitments and contingencies



Stockholders’ deficit:



Preferred stock, $0.001 par value; 25,000 shares authorized; 355 shares designated as Series A Senior Convertible Preferred Stock; no other shares issued or outstanding



Common stock, $0.001 par value; 400,000 shares authorized; 106,169 and 103,092 shares issued and outstanding at September 26, 2009 and December 27, 2008, respectively

106

103

Additional paid-in-capital

879,397

838,865

Accumulated other comprehensive income

9,515

5,255

Accumulated deficit

(1,138,645)

(900,339)

Stockholders’ deficit attributable to NextWave

(249,627)

(56,116)

Noncontrolling interest in subsidiary

14,799


Total stockholders’ deficit

(234,828)

(56,116)

Total liabilities and stockholders’ deficit

$ 617,283

$ 757,510




NEXTWAVE WIRELESS INC.
CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS
(in thousands, except per share data)
(unaudited)


Three Months Ended

Nine Months Ended


September 26,
2009

September 27,
2008

September 26,
2009

September 27,
2008


Revenues

$ 8,113

$ 16,876

$ 37,063

$ 47,989


License fee revenues – related party

3,842


3,842



Total revenues

11,955

16,876

40,905

47,989


Operating expenses:






Cost of revenues

4,431

4,855

16,151

14,609


Cost of revenues – related party

111


111



Engineering, research and development

5,069

7,524

16,735

20,633


Sales and marketing

1,824

3,099

6,864

10,873


General and administrative

11,080

17,367

38,417

56,297


Asset impairment charges

13,764

2,244

30,050

2,244


Restructuring charges

1,712

3,185

3,760

3,308


Total operating expenses

37,991

38,274

112,088

107,964


Gain on sale of wireless spectrum licenses

1,597

19,317

2,268

19,317


Loss from operations

(24,439)

(2,081)

(68,915)

(40,658)


Other income (expense):






Interest income

56

233

363

2,679


Interest expense

(44,664)

(12,018)

(120,528)

(45,940)


Other income (expense), net

(6,500)

(1,575)

(8,118)

(3,363)


Total other income (expense), net

(51,108)

(13,360)

(128,283)

(46,624)


Loss from continuing operations before income taxes

(75,547)

(15,441)

(197,198)

(87,282)


Income tax benefit (provision)

986

(137)

732

(594)


Net loss from continuing operations

(74,561)

(15,578)

(196,466)

(87,876)


Loss from discontinued operations, net of gains on divestiture of discontinued operations of $3,108, $0, $3,159 and $0 and income tax benefit (provision) of $182, $(804), $174 and $(1,003), respectively

(27,108)

(217,722)

(42,869)

(324,898)


Net loss

(101,669)

(233,300)

(239,335)

(412,774)


Less: Net loss attributable to noncontrolling interest in subsidiary:





Continuing operations

1,029


1,029



Discontinued operations






Net loss attributable to NextWave

$ (100,640)

$ (233,300)

$ (238,306)

$ (412,774)


Amounts attributable to NextWave common shares:






Loss from continuing operations, net of tax

$ (73,532)

$ (15,578)

$ (195,437)

$ (87,876)


Less: Preferred stock imputed dividends


(7,397)


(21,782)


Accretion of issuance costs on preferred stock


(75)


(220)


Loss from continuing operations, including preferred stock dividends and costs

(73,532)

(23,050)

(195,437)

(109,878)


Loss from discontinued operations, net of tax

(27,108)

(217,722)

(42,869)

(324,898)


Net loss attributable to NextWave common shares

$ (100,640)

$ (240,772)

$ (238,306)

$ (434,776)


Net loss per share attributed to NextWave common share – basic and diluted:





Continuing operations, including preferred stock dividends and costs

$ (0.45)

$ (0.23)

$ (1.26)

$ (1.10)


Discontinued operations

(0.17)

(2.11)

(0.28)

(3.25)


Net loss

$ (0.62)

$ (2.34)

$ (1.54)

$ (4.35)


Weighted average shares used in per share calculation

162,609

103,092

154,551

99,851






NEXTWAVE WIRELESS INC.
CONDENSED CONSOLIDATED STATEMENTS OF CASH FLOWS
(in thousands)
(unaudited)


Nine Months Ended


September 26,
2009

September 27,
2008

OPERATING ACTIVITIES



Net loss

$ (239,335)

$ (412,774)

Loss from discontinued operations, net of tax

(42,869)

(324,898)

Loss from continuing operations

(196,466)

(87,876)

Adjustments to reconcile loss from continuing operations to net cash used in operating activities of continuing operations:



Amortization of intangible assets

9,938

11,075

Depreciation

1,076

4,057

Non-cash share-based compensation

4,019

4,309

Non-cash interest expense

111,443

16,663

Gain on sale of spectrum licenses

(2,268)

(19,317)

Asset impairment charges

30,050

4,966

Other non-cash adjustments

1,905

321

Changes in operating assets and liabilities:



Accounts receivable

1,785

174

Deferred contract costs, prepaid expenses and other current assets

1,019

840

Other assets

877

(1,563)

Accounts payable and accrued liabilities

(11,940)

(5,449)

Deferred revenue

(3,746)

(4,806)

Other current liabilities

3,237

3,403

Net cash used in operating activities of continuing operations

(49,071)

(73,203)

INVESTING ACTIVITIES



Proceeds from maturities of marketable securities


106,385

Proceeds from sales of marketable securities


115,671

Purchases of marketable securities


(112,167)

Proceeds from the sale of noncontrolling interest in PacketVideo to a related party

45,500


Proceeds from the sale of wireless spectrum licenses

26,718

35,774

Cash paid for business combinations, net of cash acquired


(269)

Payments for wireless spectrum licenses


(44)

Purchase of property and equipment

(1,766)

(2,717)

Other, net

238

(518)

Net cash provided by investing activities of continuing operations

70,690

142,115

FINANCING ACTIVITIES



Proceeds from long-term obligations, net of costs to issue

13,496

21,463

Net cash released from restricted cash account securing long-term obligations


17,763

Proceeds from investment by joint venture partner


615

Payments on long-term obligations

(62,320)

(7,338)

Proceeds from the sale of common shares

409

1,737

Net cash provided by (used in) financing activities of continuing operations

(48,415)

34,240

Cash used by discontinued operations:



Net cash used in operating activities of discontinued operations

(13,917)

(129,523)

Net cash provided by (used in) investing activities of discontinued operations

2,991

(14,282)

Net cash used in financing activities of discontinued operations

(45)

(730)

Net cash used by discontinued operations

(10,971)

(144,535)

Effect of foreign currency exchange rate changes on cash

(751)

(135)

Net decrease in cash and cash equivalents

(38,518)

(41,518)

Cash and cash equivalents, beginning of period

61,517

53,050

Cash and cash equivalents, end of period

22,999

11,532

Less cash and cash equivalents of discontinued operations, end of period

(765)

(6,136)

Cash and cash equivalents of continuing operations, end of period

$22,234

$5,396

Noncash investing and financing activities:



Fair value of warrants issued in connection with Second Lien Notes

$5,179

$—

Common stock issued for business acquisitions

$—

$36,501

Wireless spectrum licenses acquired with lease obligations

$—

$8,636




Source: NextWave Wireless Inc.
NextWave Wireless Investor Relations
Roseann Rustici
Vice President, Investor Relations
NextWave Wireless
203-742-2539
rrustici@nextwave.com