FalconStor Software, Inc. (NASDAQ: FALC), the provider of TOTALLY Open data protection solutions, today announced financial results for its first quarter ended March 31, 2010.

Revenues for the first quarter of 2010 were $17.1 million, compared with $21.0 million for the same period a year ago. GAAP loss from operations for the quarter was $8.5 million, compared with a loss of $0.8 million in the first quarter of 2009. GAAP net loss for the quarter was $5.5 million, or $0.12 per share, compared with a net loss of $0.9 million, or $0.02 per share, in the first quarter of 2009. Stock-based compensation expense was $2.7 million in the first quarter of 2010 and $2.2 million in the first quarter of 2009.

Non-GAAP loss from operations was $5.8 million in the first quarter of 2010, compared with operating income of $1.3 million for the same period a year ago. Non-GAAP net loss was $3.8 million, or $0.08 per share in the first quarter of 2010, compared with net income of $0.6 million, or $0.01 per diluted share, in the first quarter of 2009. Non-GAAP results exclude the effects of stock-based compensation expense net of the related income taxes.

The Company closed the quarter with $40.5 million in cash, cash equivalents, and marketable securities. Deferred revenue at March 31, 2010 was $23.0 million.

"Besides expense containment/reduction, we are also focusing on capturing growth opportunities in data deduplication, data protection and cloud-based services,” said ReiJane Huai, Chairman and Chief Executive Officer of FalconStor. “Through strategic partnerships and cloud-based services we believe we will be able to accelerate the market awareness/acceptance of our solutions and produce long term shareholder value."

The Company will host a conference call to discuss its financial results on Thursday, April 29, 2010 at 4:30 p.m. EDT. To participate in the conference call, please dial:
Toll Free: 1-866-225-8754
International: 1-480-629-9692
 

To view the presentation, please copy and paste the following link into your browser and register for this meeting. Once you have registered for the meeting, you will receive an email message confirming your registration.

https://falconstor.webex.com/falconstor/j.php?ED=135513717&RG=1&UID

Meeting: FalconStor Q1 2010 Earnings
Meeting password: q1numbers
Meeting Number: 486 707 448
 

If you are unable to register via the Internet, please contact Joanne Ferrara, Investor Relations at 631-773-5813 or joanne.ferrara@falconstor.com.

A conference call replay is scheduled to be available beginning April 29 at 6:30 p.m. EDT through 11:59 p.m. EDT on May 4. To listen to the replay of the call, dial toll free: 1.800.406.7325 or International: +1.303.590.3030, passcode: 4285982, or visit our website at www.falconstor.com/investors.asp.

Non-GAAP Financial Measures

The non-GAAP financial measures used in this press release are not prepared in accordance with generally accepted accounting principles and may be different from non-GAAP financial measures used by other companies. The Company’s management refers to these non-GAAP financial measures in making operating decisions because they provide meaningful supplemental information regarding the Company’s operating performance. In addition, these non-GAAP financial measures facilitate management’s internal comparisons to the Company’s historical operating results and comparisons to competitors’ operating results. We include these non-GAAP financial measures (which should be viewed as a supplement to, and not a substitute for, their comparable GAAP measures) in this press release because we believe they are useful to investors in allowing for greater transparency into the supplemental information used by management in its financial and operational decision-making. For a reconciliation of our GAAP and non-GAAP financial results, please refer to our Non-GAAP Operating Data GAAP Reconciliation, presented in this release.

About FalconStor

FalconStor Software, Inc. (NASDAQ: FALC) is the market leader in disk-based data protection. FalconStor delivers proven, comprehensive data protection solutions that facilitate the continuous availability of business-critical data with speed, integrity, and simplicity. The Company’s TOTALLY Open™ technology solutions, built upon the award-winning IPStor ® platform, include the industry leading Virtual Tape Library (VTL) with deduplication, Continuous Data Protector (CDP), File-interface Deduplication System (FDS), and Network Storage Server (NSS), each enabled with WAN-optimized replication for disaster recovery and remote office protection, and the HyperFS™ file system. FalconStor products are available from major OEMs and solution providers including 3Com, Acer, Data Direct Networks, Dynamic Solutions International, EMC, IBM, Oracle, Pillar Data Systems, SGI, SeaChange and Spectra Logic and are deployed by thousands of customers worldwide, from small businesses to Fortune 1000 enterprises.

FalconStor is headquartered in Melville, N.Y., with offices throughout Europe and the Asia Pacific region. For more information, visit www.falconstor.com or call 1-866-NOW-FALC (1-866-669-3252).

###

This press release includes forward-looking statements that involve risk and uncertainties that could cause actual results to differ materially from the forward-looking statements. These risks and uncertainties include: delays in product development; market acceptance of FalconStor’s products and services; technological change in the storage and networking industries; competition in the network storage software market; the potential failure of FalconStor’s OEM partners to introduce or to market products incorporating FalconStor’s products; intellectual property issues; and other risk factors discussed in FalconStor’s reports on Forms 10-K, 10-Q and other reports filed with the Securities and Exchange Commission.

FalconStor, FalconStor Software, and IPStor are registered trademarks, and HyperFS and TOTALLY Open are trademarks of FalconStor Software, Inc. in the US and other countries. All other company and product names contained herein may be trademarks of their respective holders.
         

FalconStor Software, Inc. and Subsidiaries

CONDENSED CONSOLIDATED BALANCE SHEETS
 
March 31,

2010
December 31,

2009
(unaudited)
Assets
Current assets:

Cash and cash equivalents
$ 11,598,023 $ 15,752,528
Marketable securities 27,806,014 24,952,966
Accounts receivable, net 18,677,211 24,948,261
Prepaid expenses and other current assets 6,642,252 2,717,260
Deferred tax assets, net   4,320,773   4,320,773
 
Total current assets   69,044,273   72,691,788
 
Property and equipment, net 7,431,801 7,601,727
Long-term marketable securities 1,086,464 1,077,466
Deferred tax assets, net 9,706,344 9,698,859
Other assets, net 2,705,328 2,958,229
Goodwill 4,150,339 4,150,339
Other intangible assets, net   700,406   823,416
 
Total assets

$

94,824,955

$

99,001,824
 
Liabilities and Stockholders' Equity
Current liabilities:
Accounts payable $ 1,147,383 $ 1,570,190
Accrued expenses 6,186,372 8,454,743
Deferred revenue, net   17,316,354   16,570,076
 
Total current liabilities 24,650,109 26,595,009
 
Other long-term liabilities 615,531 608,907
Deferred revenue, net   5,677,255   5,644,994
 
Total liabilities   30,942,895   32,848,910
 
Commitments and Contingencies
 
Total stockholders' equity   63,882,060   66,152,914
 
Total liabilities and stockholders' equity $ 94,824,955 $ 99,001,824
     

FalconStor Software, Inc. and Subsidiaries

CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS

(Unaudited)
 

Three Months Ended

March 31,
2010     2009
 
Revenues:
Software license revenue $ 8,601,951 $ 13,650,062
Maintenance revenue 6,630,728 6,088,784
Software services and other revenue   1,886,977     1,282,239  
17,119,656 21,021,085
 
Operating expenses:
Amortization of purchased and
capitalized software 179,825 178,219
Cost of maintenance, software services
and other revenue 4,803,915 3,627,824
Software development costs 7,165,017 6,308,212
Selling and marketing 11,014,500 9,511,568
General and administrative   2,459,410     2,220,459  
  25,622,667     21,846,282  
Operating loss   (8,503,011 )   (825,197 )
 
Interest and other loss, net   (109,940 )   (453,413 )
 
Loss before income taxes   (8,612,951 )   (1,278,610 )
 
Benefit for income taxes   (3,082,885 )   (427,649 )
 
Net loss $ (5,530,066 ) $ (850,961 )
 
Basic net loss per share $ (0.12 ) $ (0.02 )
 
Diluted net loss per share $ (0.12 ) $ (0.02 )
 
Weighted average basic shares outstanding   44,700,033     44,974,677  
Weighted average diluted shares outstanding   44,700,033     44,974,677  
     

FalconStor Software, Inc. and Subsidiaries

Non-GAAP Operating Data

GAAP Reconciliation

(Unaudited)
 

Three Months EndedMarch 31,
2010     2009
 
GAAP loss from operations $ (8,503,011 ) $ (825,197 )
Add: non-cash stock option expense (1)   2,702,325     2,155,114  
Non-GAAP (loss) income from

operations
 

(5,800,686

)
 

1,329,917
 
 
 
GAAP net loss $ (5,530,066 ) $ (850,961 )
Add: non-cash stock option expense,
net of income taxes (2)   1,754,939     1,454,468  
 
Non-GAAP net (loss) income   (3,775,127 )   603,507  
 
 
GAAP Basic EPS $ (0.12 ) $ (0.02 )
Add: non-cash stock option expense,
net of income taxes (2)   0.04     0.03  
Non-GAAP Basic EPS   (0.08 )   0.01  
 
 
GAAP Diluted EPS $ (0.12 ) $ (0.02 )
Add: non-cash stock option expense,
net of income taxes (2)   0.04     0.03  
Non-GAAP Diluted EPS   (0.08 )   0.01  
 
 
Weighted average basic shares

Outstanding (GAAP and as adjusted)
  44,700,033     44,974,677  
 

Weighted average diluted shares

Outstanding (GAAP and as adjusted)
 

 

44,700,033
   

 

45,417,636
 
 

Footnotes:

(1) Represents non-cash, stock-based compensation charges as follows:

           

Three Months EndedMarch 31,
2010     2009
 
Cost of maintenance, software services and other revenue $ 319,945 $ 358,679
Software development costs 1,046,905 672,747
Selling and marketing 1,020,769 890,318
General and administrative   314,706   233,370
 
Total non-cash stock-based compensation expense $ 2,702,325 $ 2,155,114
 

(2) Represents the effects of non-cash stock-based compensation expense recognized in accordance with the FASB Accounting Standards Codification, Topic 718, for the three months ended March 31, 2010 and 2009, net of related income tax effects.

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