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      NICE Reports Third Quarter 2010 Results; Record Non-GAAP Revenues of $176 Million, EPS up at $0.45


      News provided by

      NICE Systems

      Oct 27, 2010, 05:50 ET

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      RA'ANANA, Israel, October 27, 2010 /PRNewswire-FirstCall/ -- NICE Systems (NASDAQ: NICE), the worldwide leader of intent-based solutions that extract insight to impact business performance, reduce financial risk and ensure safety and security, today announced results for the third quarter ending September 30, 2010.

          Third Quarter 2010 non-GAAP Highlights Include:
      
          - Revenues at new all time high of $176 million, up 21% year-over-year
      
          - Operating income at a record of $32 million, up 28% year-over-year
      
          - Earnings per fully diluted share increased to $0.45 from $0.38 last
          year
      
          - Strong cash flow from operations; crossed $100 million in first three
          quarters
      
          - Company increases its annual guidance for 2010
      
      

      "We are pleased with our performance in both the third quarter and year-to-date. Our business continued to demonstrate growth and improved profitability. We ended the quarter with record revenues, record operating income, strong cash from operations, and healthy backlog and pipeline. These achievements, combined with our current forecast for a strong fourth quarter, lead us to update once again our guidance for the year," said Zeevi Bregman, President and Chief Executive Officer, NICE Systems.

      "We continued to execute on our strategy to provide enterprise-wide intent-based solutions. Our customers use our analytics offerings to obtain insight on their business and transform it into impact. We believe that our ability to provide real-time impact solutions across our businesses is a clear differentiator of NICE. It enables our customers to significantly improve their business performance and customer experience and to ensure safety and compliance," Mr. Bregman concluded.

      Non-GAAP Financial Highlights for the Third Quarter Ended September 30, 2010:

      Revenues: Third quarter 2010 non-GAAP revenues increased 21% to a record $176.2 million, up from $146.1 million in the third quarter of 2009.

      Gross Profit: Third quarter 2010 non-GAAP gross profit and margin increased, reaching a record $115.9 and 65.8%, respectively, from $91.8 million and 62.9% in the third quarter of 2009.

      Operating Income: Third quarter 2010 non-GAAP operating income and margin increased to $31.8 million and 18.1%, respectively, from $24.9 million and 17.0% in the third quarter of 2009.

      Net Income: Third quarter 2010 non-GAAP net income reached $28.7 million, up from $24.0 million in the third quarter of 2009.

      Earnings per Fully Diluted Share: Third quarter 2010 non-GAAP earnings per fully diluted share increased to $0.45, up from $0.38 in the third quarter of 2009.

      GAAP Financial Highlights for the Third Quarter Ended September 30, 2010:

      Revenues: Third quarter 2010 revenues increased 21% to $174.9 million from $144.7 million in the third quarter of 2009.

      Gross Profit: Third quarter 2010 gross profit and margin increased to $107.9 million and 61.7%, respectively, up from $85.4 million and 59.0% in the third quarter of 2009.

      Operating Income: Third quarter 2010 operating income increased to $12.6 million, compared with $4.8 million in the third quarter of 2009.

      Net Income: Third quarter 2010 net income increased to $12.5 million, compared to $7.8 million in the third quarter of 2009.

      Earnings per Fully Diluted Share: Earnings per fully diluted share in the third quarter 2010 increased to $0.20, from $0.12 in the third quarter of 2009.

      Operating Cash Flow and Cash Balance: Third quarter 2010 operating cash flow was $30.9 million. As of September 30, 2010, total cash and equivalents were $611 million, with no debt. This follows the approximately $26 million that were paid for acquisitions and compares to $596 million as of June 30, 2010.

      Updated Fiscal Year and Fourth Quarter 2010 Guidance:

      Fiscal Year 2010: Non-GAAP revenue guidance for the full year is raised to be in the range of $685 and $690 million. Guidance for Non-GAAP EPS, on a fully diluted basis, is raised to be in the range of $1.71 and $1.75.

      Fourth Quarter 2010: Non-GAAP revenue guidance for the fourth quarter is in the range of $177 and $182 million. Non-GAAP EPS, on a fully diluted basis, is expected to be in the range of $0.47and $0.51.

      Quarterly Results Conference Call

      NICE management will host a teleconference, today, Oct 27, 2010 at 8:30 ET, 14:30 Israel, to discuss the results and the company's outlook. Please call the following dial-in numbers to participate in the call: United States +1-866-229-7198 or +1-888-668-9141, International +972-3- 9180609, Israel 03- 9180609. This call will be webcast live on http://www.nice.com at http://www.nice.com/news-and-events/ir-events. An online replay will also be available approximately three hours following the call. A telephone replay of the call will be available for 72 hours after the live broadcast, and may be accessed by dialing: United States 1-888-269-0005, International +972-3-9255930, Israel 03-9255930.

      Non-GAAP financial measures consist of GAAP financial measures adjusted to exclude: amortization of acquired intangible assets, re-organization expenses, share based compensation expenses, realized gain on previously impaired marketable securities as well as certain business combination accounting entries. The purpose of such adjustments is to give an indication of our performance exclusive of non-cash charges and other items that are considered by management to be outside of our core operating results. Our non-GAAP financial measures are not meant to be considered in isolation or as a substitute for comparable GAAP measures, and should be read only in conjunction with our consolidated financial statements prepared in accordance with GAAP. Our management regularly uses our supplemental non-GAAP financial measures internally to understand, manage and evaluate our business and make operating decisions. These non-GAAP measures are among the primary factors management uses in planning for and forecasting future periods. Business combination accounting rules requires us to recognize a legal performance obligation related to a revenue arrangement of an acquired entity. The amount assigned to that liability should be based on its fair value at the date of acquisition. The non-GAAP adjustment is intended to reflect the full amount of such revenue. We believe this adjustment is useful to investors as a measure of the ongoing performance of our business. We believe these non-GAAP financial measures provide consistent and comparable measures to help investors understand our current and future operating cash flow performance. These non-GAAP financial measures may differ materially from the non-GAAP financial measures used by other companies. Reconciliation between results on a GAAP and non-GAAP basis is provided in a table immediately following the Consolidated Statements of Income.

      About NICE

      NICE Systems is the worldwide leader of intent-based solutions that capture and analyze interactions and transactions, realize intent, and extract and leverage insights to deliver impact in real time. Driven by cross-channel and multi-sensor analytics, NICE solutions enable organizations to improve business performance, increase operational efficiency, prevent financial crime, ensure compliance, and enhance safety and security. NICE serves over 25,000 organizations in the enterprise and security sectors, representing a variety of sizes and industries in more than 150 countries, and including over 80 of the Fortune 100 companies. http://www.nice.com

      Trademark Note: NICE and the NICE logo are trademarks or registered trademarks of NICE Systems. All other marks are trademarks of their respective owners. For a full list of NICE Systems' marks, please see: http://www.nice.com/nice-trademarks.

      Forward-Looking Statements

      This press release contains forward-looking statements as that term is defined in the Private Securities Litigation Reform Act of 1995. Such forward-looking statements, including the statements by Messer Bregman, are based on the current expectations of the management of NICE-Systems Ltd. (the Company) only, and are subject to a number of risks and uncertainties that could cause the actual results or performance of the Company to differ materially from those described herein, including but not limited to the impact of the global economic environment on the Company's customer base (particularly financial services firms) and the resulting uncertainties; changes in technology and market requirements; decline in demand for the Company's products; inability to timely develop and introduce new technologies, products and applications; difficulties or delays in absorbing and integrating acquired operations, products, technologies and personnel; loss of market share; pressure on pricing resulting from competition; and inability to maintain certain marketing and distribution arrangements. For a more detailed description of the risk factors and uncertainties affecting the company, refer to the Company's reports filed from time to time with the Securities and Exchange Commission, including the Company's Annual Report on Form 20-F. The forward-looking statements contained in this press release are made as of the date of this press release, and the Company undertakes no obligation to update or revise them, except as required by law.

                              NICE SYSTEMS LTD. AND SUBSIDIARIES
                              CONSOLIDATED STATEMENTS OF INCOME
                      U.S. dollars in thousands (except per share amounts)
      
                                      Quarter ended              Year to date
                                      September 30,              September 30,
                                  ---------------------    -----------------------
                                    2009        2010          2009        2010
                                  Unaudited   Unaudited    Unaudited   Unaudited
                                  ---------   ---------    ---------   ---------
          Revenue
           Product                  $ 69,233   $ 83,556   $203,509      $237,695
           Services                   75,451     91,300    220,785       265,611
                                   ---------   ---------    ---------   ---------
          Total revenue              144,684    174,856    424,294       503,306
      
          Cost of revenue
           Product                    22,648     26,061     63,323        79,603
           Services                   36,612     40,944    108,747       119,257
                                   ---------   ---------    ---------   ---------
          Total cost of revenue       59,260     67,005    172,070       198,860
                                   ---------   ---------    ---------   ---------
          Gross profit                85,424    107,851    252,224       304,446
      
          Operating Expenses:
           Research and
           development, net           19,454     25,481     55,465        70,947
           Selling and marketing      35,116     44,050    102,995       128,585
           General and administrative 21,964     20,717     55,249        58,569
           Amortization of acquired
           intangible assets           4,077      4,968     11,329        14,459
                                   ---------   ---------    ---------   ---------
          Total operating expenses    80,611     95,216    225,038       272,560
                                   ---------   ---------    ---------   ---------
          Operating income             4,813     12,635     27,186        31,886
      
          Financial income, net        1,622      3,474      6,240         7,183
          Other expense, net             (27)       (97)      (100)         (129)
                                   ---------   ---------    ---------   ---------
          Income before taxes on
          income                       6,408     16,012     33,326        38,940
          Taxes on income             (1,388)     3,474      3,319         7,615
                                   ---------   ---------    ---------   ---------
          Net income                 $ 7,796   $ 12,538   $ 30,007      $ 31,325
                                   =========   =========    =========   =========
          Basic earnings per share    $ 0.13     $ 0.20     $ 0.49        $ 0.50
                                   =========   =========    =========   =========
          Diluted earnings per share  $ 0.12     $ 0.20     $ 0.48        $ 0.49
                                   =========   =========    =========   =========
          Weighted average number of
          shares outstanding used to
          compute:
      
          Basic earnings per share    61,332     62,711     61,118        62,478
          Diluted earnings per share  62,887     63,720     62,082        64,009
      
      
      
                             NICE SYSTEMS LTD. AND SUBSIDIARIES
                         RECONCILIATION OF GAAP TO NON-GAAP RESULTS
                     U.S. dollars in thousands (except per share amounts)
      
      
                                    Quarter ended          Year to date
                                    September 30,          September 30,
                                ____________________   ___________________
                                  2009        2010      2009         2010
                                ____________________   ___________________
      
          GAAP revenues        $ 144,684   $ 174,856  $ 424,294   $ 503,306
      
          Valuation adjustment
          on acquired deferred
          product revenue            480         638        480       1,579
      
          Valuation adjustment
          on acquired deferred
          service revenue            887         713        975       3,465
                                _________  _________  _________   _________
          Non-GAAP revenues    $ 146,051   $ 176,207  $ 425,749   $ 508,350
                                =========  =========  =========   =========
      
          GAAP cost of revenue  $ 59,260    $ 67,005  $ 172,070   $ 198,860
      
          Amortization of
          acquired intangible
          assets on cost of
          product                 (4,330)     (6,146)   (12,429)    (17,226)
      
          Valuation adjustment
          on acquired deferred
          cost of services             -         205          -         640
      
          Cost of product
          revenue adjustment(1,2)    (10)       (113)      (239)       (315)
      
      
          Cost of services revenue
          adjustment (1,2)          (703)       (670)    (1,842)     (1,972)
                                _________  _________  _________   _________
          Non-GAAP cost of
          revenue               $ 54,217    $ 60,281  $ 157,560   $ 179,987
                                =========  =========  =========   =========
      
          GAAP gross profit     $ 85,424   $ 107,851  $ 252,224   $ 304,446
          Gross profit
          adjustments              6,410       8,075     15,965      23,917
                                _________  _________  _________   _________
          Non-GAAP gross profit $ 91,834   $ 115,926  $ 268,189   $ 328,363
                                =========  =========  =========   =========
      
          GAAP operating
          expenses              $ 80,611    $ 95,216  $ 225,038   $ 272,560
      
          Research and
          development (1,2,3)     (1,633)       (978)    (3,861)     (3,720)
      
          Sales and marketing
          (1,2)                   (1,654)     (1,738)    (4,972)     (4,561)
      
          General and
          administrative
          (1,2,3)                 (2,244)     (2,450)    (5,513)     (8,523)
      
          Amortization of
          acquired intangible
          assets                  (4,077)     (4,968)    (11,329)    (14,459)
      
          Acquisition related
          expenses (4)            (4,069)       (980)     (4,069)     (1,599)
                                _________  _________  _________   _________
          Non-GAAP operating
          expenses              $ 66,934    $ 84,102   $ 195,294   $ 239,698
                                =========  =========  =========   =========
          GAAP finance & other
          income, net            $ 1,595     $ 3,377     $ 6,140     $ 7,054
      
          Realized gain on
          previously impaired
          marketable securities        -        (625)          -        (625)
      
          Re-organization expenses     -           -          52           -
      
          Acquisition related
          expenses (4)                 -          97           -          97
                                _________  _________  _________   _________
          Non-GAAP finance &
          other income, net      $ 1,595     $ 2,849     $ 6,192     $ 6,526
                                =========  =========  =========   ==========
      
          GAAP taxes on Income  $ (1,388)    $ 3,474     $ 3,319     $ 7,615
      
          Tax adjustments re
          non-gaap adjustments     3,898       2,539       8,371       8,229
                                _________  _________  _________   _________
          Non-GAAP taxes         $ 2,510     $ 6,013    $ 11,690    $ 15,844
                                =========  =========  ==========   =========
      
          GAAP net income        $ 7,796     $ 12,538   $ 30,007    $ 31,325
      
          Valuation adjustment
          on acquired deferred
          revenue                  1,367        1,351      1,455       5,044
      
          Valuation adjustment
          on acquired deferred
          cost of services             -         (205)         -        (640)
      
          Amortization of acquired
          intangible assets        8,407       11,114     23,758      31,685
      
          Share-based
          compensation (1)         5,528        5,638     12,939      15,896
      
          Re-organization
          expenses (2)                 -            -      2,213       2,262
      
          Acquisition related
          compensation expense (3)   716          311      1,327         933
      
          Acquisition related
          expenses (4)             4,069        1,077      4,069       1,696
      
          Realized gain on
          previously impaired
          marketable securities        -         (625)         -        (625)
      
          Tax adjustments re
          non-gaap adjustments    (3,898)      (2,539)    (8,371)     (8,229)
                                 _________  _________  _________   __________
          Non-GAAP net income   $ 23,985     $ 28,660   $ 67,397    $ 79,347
                                =========  =========   =========   =========
          GAAP diluted earnings
          per share               $ 0.12       $ 0.20     $ 0.48      $ 0.49
                                =========  =========   =========   =========
          Non-GAAP diluted
          earnings per share      $ 0.38       $ 0.45     $ 1.09      $ 1.24
                                =========  =========   =========   =========
          Shares used in
          computing US GAAP
          diluted earnings per
          share                   62,887       63,720     62,082      64,009
      
      
          Shares used in computing
          Non-GAAP diluted
          earnings per share      62,792       63,720     62,051      64,009
      
      
      
                               NICE SYSTEMS LTD. AND SUBSIDIARIES
                      RECONCILIATION OF GAAP TO NON-GAAP RESULTS (continued)
      
      
      
          U.S. dollars in thousands
      
          (1) Share-based Compensation
                                         Quarter ended      Year to date
                                        September 30,     September 30,
                                         _______  ______  ______     ______
                                         2009       2010   2009        2010
                                         _______  ______  ______     ______
              Cost of product revenue   $ (10)  $ (113)   $ (238)   $ (315)
              Cost of service revenue    (703)    (670)   (1,522)   (1,686)
              Research and development (1,194)    (667)   (2,096)   (2,787)
              Sales and marketing      (1,654)  (1,738)   (4,171)   (4,054)
              General and
              administrative           (1,967)  (2,450)   (4,912)   (7,054)
                                         _______  ______  ______     ______
                                     $ (5,528)$ (5,638)$ (12,939)$ (15,896)
                                         =======  ======  ======    =======
      
           (2) Re-organization expenses
                                         Quarter ended      Year to date
                                        September 30,      September 30,
                                         _______  ______  ______     ______
                                         2009     2010      2009       2010
                                         _______  ______  ______     ______
               Cost of product revenue    $ -     $ -      $ (1)       $ -
               Cost of service revenue      -       -      (320)      (286)
               Research and development     -       -      (991)         -
               Sales and marketing          -       -      (801)      (507)
               General and administrative   -       -       (48)    (1,469)
               Other expense                -       -       (52)         -
                                         _______  ______  ______     ______
                                          $ -     $ -   $(2,213)  $ (2,262)
                                         =======  ======  ======    =======
      
           (3) Acquisition related compensation expense
      
                                          Quarter ended      Year to date
                                          September 30,       September 30,
                                         _______  ______  ______     ______
                                         2009     2010      2009       2010
                                         _______  ______  ______     ______
               Research and development $ (439) $ (311)   $ (774)    $ (933)
               General and
               administrative             (277)     -       (553)         -
                                         _______  ______  ______     ______
                                        $ (716) $ (311) $ (1,327)    $ (933)
                                         =======  ======  ======    =======
      
           (4) Acquisition related expense
      
                                          Quarter ended       Year to date
                                         September 30,        September 30,
                                         _______  ______  ______     ______
               Research and development    $ -     $ (72)     $ -      $ (73)
               Sales and marketing           -       (77)       -        (77)
               General and
               administrative           (4,069)     (831)  (4,069)    (1,449)
               Other expense, net            -       (97)       -        (97)
                                         _______  ______  ______     _______
                                      $ (4,069) $ (1,077)$ (4,069)  $ (1,696)
                                         =======  ======   ======    =======
      
      
      
      
                                NICE SYSTEMS LTD. AND SUBSIDIARIES
                               CONDENSED CONSOLIDATED BALANCE SHEETS
                                    U.S. dollars in thousands
      
                                                   December 31,  September 30,
                                                     2009          2010
                                                   ---------      ---------
                                                   Unaudited      Unaudited
                                                   ---------      ---------
               ASSETS
      
          CURRENT ASSETS:
             Cash and cash equivalents              $ 214,811     $ 84,627
             Short-term investments                   108,850      227,768
             Trade receivables                        102,147       96,797
             Other receivables and prepaid expenses    23,887       32,312
             Inventories                               14,445       13,099
             Deferred tax assets                        8,181        9,316
                                                    ---------    ---------
             Total current assets                     472,321      463,919
                                                    ---------    ---------
          LONG-TERM ASSETS:
             Marketable securities                    224,828      298,831
             Other long-term assets                    29,314       32,335
             Property and equipment, net               22,052       22,054
             Other intangible assets, net             156,664      153,933
             Goodwill                                 494,498      526,903
                                                    ---------    ---------
             Total long-term assets                   927,356    1,034,056
                                                    ---------    ---------
          TOTAL ASSETS                            $ 1,399,677  $ 1,497,975
                                                    =========    =========
             LIABILITIES AND SHAREHOLDERS' EQUITY
      
          CURRENT LIABILITIES:
             Trade payables                          $ 26,342     $ 16,302
             Accrued expenses and other liabilities   261,519      300,334
                                                    ---------    ---------
             Total current liabilities                287,861      316,636
                                                    ---------    ---------
          LONG-TERM LIABILITIES:
             Deferred tax liabilities                  25,899       22,419
             Other long-term liabilities               23,163       26,443
                                                    ---------    ---------
             Total long-term liabilities               49,062       48,862
                                                    ---------    ---------
          SHAREHOLDERS' EQUITY                      1,062,754    1,132,477
                                                    ---------    ---------
          TOTAL LIABILITIES AND
          SHAREHOLDERS' EQUITY                    $ 1,399,677  $ 1,497,975
                                                    =========    =========
      
      
                           NICE SYSTEMS LTD. AND SUBSIDIARIES
                           CONSOLIDATED CASH FLOW STATEMENTS
                              U.S. dollars in thousands
      
                                            Quarter ended         Year to date
                                            September 30,         September 30,
                                           ------------------- --------------------
                                              2009     2010      2009        2010
                                           Unaudited Unaudited Unaudited  Unaudited
                                           --------- --------- ---------  ---------
      
          Cash flows from operating activities:
      
           Net income                        $ 7,796 $ 12,538  $ 30,007   $ 31,325
           Adjustments required to reconcile
           net income to net cash
            provided by operating activities:
            Depreciation and amortization     11,831   14,650    33,776     42,092
            Stock based compensation           5,528    5,638    12,939     15,896
            Excess tax benefit from
            share-based payment arrangements    (633)    (204)     (632)      (399)
            Accrued severance pay, net          (301)    (101)   (1,347)      (570)
            Amortization of discount (premium)
            and accrued interest
             on marketable securities            728     (157)    1,394        281
            Gain on marketable securities sold, (126)    (410)     (823)    (1,204)
            called or impaired
            Deferred taxes, net               (2,213)    (991)   (7,095)    (6,457)
            Decrease (increase) in trade
            receivables                       (3,072)  (2,156)   16,895      9,194
            Decrease (increase) in other
            receivables and prepaid expenses  (3,162)   3,672    (4,003)    (4,387)
            Decrease (increase) in inventories    18     (825)    1,111      1,357
            Decrease in trade payables        (5,314)  (2,309)   (8,328)   (10,864)
            Increase in accrued expenses and
            other liabilities                 17,432    1,372    16,296     24,003
            Other                               (164)     193       112        348
                                           --------- --------- ---------  ---------
            Net cash provided by operating
            activities                        28,348   30,910    90,302    100,615
                                           --------- --------- ---------  ---------
      
          Cash flows from investing activities:
      
           Purchase of property and equipment (2,095)  (3,463)   (6,012)    (8,550)
           Proceeds from sale of property and
           equipment                               3        4        38         15
           Investment in marketable
           securities                        (17,398) (97,240) (123,519)  (304,546)
           Proceeds from maturity, call and
           sale of marketable securities      48,025   16,420   149,640     79,568
           Investment in short-term bank
           deposits                          (31,021)       -  (110,021)         -
           Proceeds from short-term bank
           deposits                           17,014   10,002    69,464     40,029
           Capitalization of software
           development costs                    (387)    (313)     (943)    (1,051)
           Purchase of intangible assets          -         -    (1,000)         -
           Payments for acquisitions         (80,459) (26,201)  (84,903)   (52,267)
                                           --------- --------- ---------  ---------
      
            Net cash used in investing
            activities                       (66,318)(100,791) (107,256)  (246,802)
                                           --------- --------- ---------  ---------
      
          Cash flows from financing activities:
      
           Proceeds from issuance of shares
           upon exercise of share options
           and ESPP, net                      11,551    3,677    15,550     15,351
           Excess tax benefit from
           share-based payment arrangements      633      204       632        399
                                           --------- --------- ---------  ---------
            Net cash provided by financing
            activities                        12,184    3,881    16,182     15,750
                                           --------- --------- ---------  ---------
          Effect of exchange rate
          changes on cash                        367    1,530     1,081        253
                                           --------- --------- ---------  ---------
          Increase (decrease) in cash
          and cash equivalents               (25,419) (64,470)      309   (130,184)
          Cash and cash equivalents at
          beginning of period                170,104  149,097   144,376    214,811
                                           --------- --------- ---------  ---------
          Cash and cash equivalents
          at end of period                 $ 144,685 $ 84,627  $144,685   $ 84,627
                                          =========  ========  ========   =========
      
      
          Corporate Media
          Galit Belkind           NICE Systems           +1-877-245-7448
      
                                  [email protected]
          Investors
          Daphna Golden           NICE Systems           +1-877-245-7449
      
                                  [email protected]
      
      

      SOURCE NICE Systems

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