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      NICE Reports Third Quarter 2013 Non-GAAP Revenues of $230 Million and Non-GAAP EPS of $0.62


      News provided by

      NICE Systems

      Oct 30, 2013, 05:30 ET

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      RA'ANANA, Israel, Oct. 30, 2013 /PRNewswire/ -- NICE Systems (NASDAQ: NICE) today announced results for the third quarter ended September 30, 2013.

      "We reported solid results for the third quarter of 2013, and we believe that with the robust demand for our products and a healthy pipeline of large, multi-product deals, we are well-positioned for a strong finish to the year, said Zeevi Bregman, President and CEO of NICE Systems."

      Mr. Bregman continued, "In the third quarter, we saw continued strong growth in our analytics-based applications with ongoing strong demand. The reason behind the strength is that these solutions, including real-time analytics, help our customers improve business results. Our unique blend of solutions is able to unlock and operationalize the valuable information hidden in Big Data to better understand relationships and associations among people, data and systems to help our customers ensure compliance, enhance operational efficiency, increase revenues, improve the customer experience and safeguard people and assets."

      "Trapped Profit" Release One-Time Payment and Tax Settlement

      In the third quarter of 2013, the Company took advantage of a special program initiated by the Israeli government on November 12, 2012 with a deadline of November 11, 2013 that allowed Israeli companies to release "trapped profits" by paying a highly discounted tax payment and it also settled a multi-year tax audit. As a result, the Company reported a tax expense of $19.2 million, or $0.31 per share. Due to the nature of this expense, the Company excluded it from Non-GAAP results. The total cash payment related to the release of "trapped profits" and the tax audit settlement was $30.9 million.

      Dividend Declaration                                                                         

      In continuation of its previously announced dividend plan, the company announced that its Board of Directors, at its meeting on October 29, 2013, declared a cash dividend for the third quarter of 2013 of $0.16 per share. The record date will be November 12, 2013, and the payment date will be November 26, 2013. Tax will be withheld at a rate of 15%.

      Non-GAAP Financial Highlights for the Third Quarter Ended September 30, 2013:

      Revenues: Third quarter 2013 non-GAAP total revenues were $230.1 million, up 4.2% from $220.9 million for the third quarter of 2012.

      Gross Profit: Third quarter 2013 non-GAAP gross profit and non-GAAP gross margin increased to $151.2 million and 65.7%, respectively, from $145 million and 65.6%, respectively, for the third quarter of 2012.

      Operating Income: Third quarter 2013 non-GAAP operating income was $42.2 million compared to $42.1 million in third quarter 2012. Non-GAAP operating margin was 18.4% compared to 19.1% in the third quarter of 2012.

      Net Income: Third quarter 2013 non-GAAP net income was $38.2 million compared to $39.7 million in third quarter 2012. Non-GAAP net margin was 16.6% compared to 18% in third quarter of 2012.

      Fully Diluted Earnings Per Share: Third quarter 2013 non-GAAP fully diluted earnings per share was $0.62 compared to $0.64 in the third quarter of 2012.

      GAAP Financial Highlights for the Third Quarter Ended September 30, 2013:

      Revenues: Third quarter 2013 total revenues increased 5% to $229.9 million compared to $218.9 million for the third quarter of 2012.

      Gross Profit: Third quarter 2013 gross profit and gross margin increased to $139.3 million and 60.6%, respectively, compared to $130.5 million and 59.6%, respectively, for the third quarter of 2012.

      Operating Income: Third quarter 2013 operating income and operating margin increased to $15.8 million and 6.9%, respectively, compared to $13.3 million and 6.1%, respectively, for the third quarter of 2012.

      Net Income (Loss): Third quarter 2013 loss was $3.7 compared to net income of $16.8 million for the third quarter of 2012.

      Fully Diluted Earnings Per Share (Loss): Fully diluted loss per share of $0.06 for the third quarter of 2013 compared to $0.27 earnings per share for the third quarter of 2012.

      Operating Cash Flow and Cash Balance: Third quarter 2013 operating cash flow was negative $15.6 million. This is a result of the cash payment of $30.9 million associated with the tax expense described above. Excluding this payment, cash flow from operations would have been $15.3 million, compared to $11.6 million dollars for the third quarter of 2012. In the third quarter, $16.6 million was used for share repurchases and $9.7 million for dividends. As of September 30, 2013, total cash and cash equivalents, short term investments and marketable securities were $444 million, with no debt.

      Fourth Quarter and Full Year 2013 Guidance:

      Fourth Quarter 2013: Fourth quarter 2013 non-GAAP total revenues are expected to be in a range of $260 million to $275 million. Fourth quarter 2013 non-GAAP fully diluted earnings per share are expected to be in a range of $0.72 to $0.77.

      Full Year 2013: Full year 2013 non-GAAP total revenues are expected to be in a range of $940 million to $955 million. Full year 2013 non-GAAP fully diluted earnings per share are expected to be in a range of $2.55 to $2.60.

      Quarterly Results Conference Call

      NICE management will host its earnings conference call today, October 30th, 2013 at 8:30 AM EDT, 12:30 GMT, 14:30 Israel, to discuss the results and the company's outlook. To participate in the call, please dial in to the following numbers: United States 1-866-804-8688 or +1-718-354-1175, International +44(0)1296-480-100, United Kingdom 0-800-783-0906, Israel 1-809-242-041. The Passcode is 880 304 19. Additional access numbers can be found at http://www.btconferencing.com/globalaccess/?bid=54_attended. The call will be webcast live on the Company's website at http://www.nice.com/news-and-events/ir-events. An online replay will also be available approximately two hours following the call. A telephone replay of the call will be available for 2 days after the live broadcast, and may be accessed by dialing: United States 1-877-482-6144, International +44(0)20-7136-9233, United Kingdom 0-800-032-9687. The Passcode for the replay is 90526208.

      Non-GAAP financial measures consist of GAAP financial measures adjusted to exclude: amortization of acquired intangible assets, restructuring, re-organization expenses, share-based compensation, certain business combination accounting entries, the related tax effects thereon and tax settlement and "trapped profits" release one-time payment. 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. The intangible assets created in the acquisitions of Merced are preliminary and subject to further review and completion of valuation analyses.

      About NICE
      NICE (NASDAQ: NICE) is the worldwide leader of software solutions that deliver strategic insights by capturing and analyzing mass quantities of structured and unstructured data in real time from multiple sources, including phone calls, mobile apps, emails, chat, social media, and video. NICE's solutions enable organizations to take the Next-Best-Action to improve customer experience and business results, ensure compliance, fight financial crime, and safeguard people and assets. NICE solutions are used by over 25,000 organizations in more than 150 countries, including over 80 of the Fortune 100 companies. 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. 

      Investors
      Marty Cohen, +1 212 574 3635, [email protected], ET

      Anat Earon-Heilborn, +972 9 775-3798, [email protected], CET

      Media Contact
      Erik Snider, +1 877 245 7448, [email protected]                                             

      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,



      2013


      2012


      2013


      2012



      Unaudited


      Unaudited


      Unaudited


      Unaudited










      Revenue:









      Product 

      $   86,127


      $    92,115


      $260,895


      $269,221


      Services

      143,736


      126,744


      418,170


      372,106

      Total revenue

      229,863


      218,859


      679,065


      641,327










      Cost of revenue:









      Product

      28,642


      31,273


      85,146


      93,660


      Services

      61,920


      57,055


      177,268


      168,852

      Total cost of revenue

      90,562


      88,328


      262,414


      262,512










      Gross profit

      139,301


      130,531


      416,651


      378,815










      Operating Expenses:









      Research and development, net

      34,536


      30,094


      97,597


      88,910


      Selling and marketing

      58,277


      54,892


      176,779


      165,113


      General and administrative

      22,865


      22,186


      64,466


      71,649


      Amortization of acquired intangible assets

      7,591


      8,225


      23,866


      24,364


      Restructuring expenses

      211


      1,884


      211


      1,884

      Total operating expenses

      123,480


      117,281


      362,919


      351,920










      Operating income

      15,821


      13,250


      53,732


      26,895










      Finance and other income, net*

      806


      1,767


      3,010


      6,585










      Income before taxes on income 

      16,627


      15,017


      56,742


      33,480

      Taxes on income (tax benefit)*

      20,335


      (1,760)


      25,683


      (2,284)










      Net income (loss)

      $    (3,708)


      $    16,777


      $  31,059


      $  35,764










      Basic earnings (loss) per share

      $      (0.06)


      $        0.28


      $     0.51


      $     0.59










      Diluted earnings (loss) per share

      $      (0.06)


      $        0.27


      $     0.50


      $     0.57










      Weighted average number of shares








      outstanding used to compute:

















      Basic earnings (loss) per share

      60,497


      60,766


      60,413


      61,108

      Diluted earnings (loss) per share

      60,497


      61,971


      61,855


      62,523










      *Certain comparative figures have been reclassified to conform to the current year presentation.












      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,



      2013


      2012


      2013


      2012

      GAAP revenues

      $               229,863


      $              218,859


      $      679,065


      $     641,327

      Valuation adjustment on acquired deferred product revenue

      10


      229


      117


      3,930

      Valuation adjustment on acquired deferred service revenue

      238


      1,814


      832


      7,502

      Non-GAAP revenues

      $               230,111


      $              220,902


      $      680,014


      $     652,759



















      GAAP cost of  revenue

      $                 90,562


      $                88,328


      $      262,414


      $     262,512

      Amortization of acquired intangible assets on cost of product

      (9,403)


      (10,364)


      (28,209)


      (31,553)

      Amortization of acquired intangible assets on cost of services

      (977)


      (1,025)


      (2,947)


      (2,734)

      Valuation adjustment on acquired deferred cost of services

      9


      11


      18


      107

      Cost of product revenue adjustment (1,2,4)

      (161)


      (47)


      (406)


      (336)

      Cost of services revenue adjustment (1,2,3,4)

      (1,163)


      (957)


      (3,109)


      (3,012)

      Non-GAAP cost of  revenue

      $                 78,867


      $                75,946


      $      227,761


      $     224,984



















      GAAP gross profit

      $               139,301


      $              130,531


      $      416,651


      $     378,815

      Gross profit adjustments

      11,943


      14,425


      35,602


      48,960

      Non-GAAP gross profit

      $               151,244


      $              144,956


      $      452,253


      $     427,775



















      GAAP operating expenses

      $               123,480


      $              117,281


      $      362,919


      $     351,920

      Research and development (1,2,3)

      (860)


      (546)


      (1,940)


      (2,652)

      Sales and marketing (1,2,3)

      (2,778)


      (1,426)


      (7,065)


      (6,072)

      General and administrative (1,2,3)

      (1,954)


      (2,089)


      (6,028)


      (6,797)

      Amortization of acquired intangible assets

      (7,591)


      (8,225)


      (23,866)


      (24,364)

      Acquisition related expenses (4)

      (1,091)


      -


      (1,091)


      (4,348)

      Settlement and related expenses

      -


      (267)


      -


      (267)

      Restructuring expenses

      (211)


      (1,884)


      (211)


      (1,884)

      Non-GAAP operating expenses

      $               108,995


      $              102,844


      $      322,718


      $     305,536



















      GAAP finance & other income, net

      $                     806


      $                  1,767


      $          3,010


      $         6,585

      Acquisition related expenses (4)

      126


      -


      126


      -

      Non-GAAP finance & other income, net

      $                     932


      $                  1,767


      $          3,136


      $         6,585



















      GAAP taxes on income

      $                 20,335


      $                 (1,760)


      $        25,683


      $        (2,284)

      "Trapped profits" one time payment and tax settlement

      (19,189)


      -


      (19,189)


      -

      Tax adjustments re non-GAAP adjustments

      3,786


      5,949


      12,850


      20,145

      Non-GAAP taxes on income

      $                  4,932


      $                  4,189


      $        19,344


      $       17,861



















      GAAP net income (loss)

      $                 (3,708)


      $                16,777


      $        31,059


      $       35,764

      Valuation adjustment on acquired deferred revenue

      248


      2,043


      949


      11,432

      Valuation adjustment on acquired deferred cost of services

      (9)


      (11)


      (18)


      (107)

      Amortization of acquired intangible assets

      17,971


      19,614


      55,022


      58,651

      Share-based compensation (1)

      6,732


      4,961


      17,974


      17,712

      Re-organization expenses (2)

      193


      -


      553


      746

      Acquisition related compensation expense (3)

      (13)


      104


      17


      367

      Acquisition related expenses (4)

      1,221


      -


      1,221


      4,392

      Restructuring expenses

      211


      1,884


      211


      1,884

      Settlement and related expenses

      -


      267


      -


      267

      Tax settlement and "trapped profits" release one time payment

      19,189


      -


      19,189


      -

      Tax adjustments re non-GAAP adjustments

      (3,786)


      (5,949)


      (12,850)


      (20,145)

      Non-GAAP net income

      $                 38,249


      $                39,690


      $      113,327


      $     110,963




























      GAAP diluted earnings (loss) per share 

      $                   (0.06)


      $                    0.27


      $            0.50


      $          0.57










      Non-GAAP diluted earnings per share

      $                    0.62


      $                    0.64


      $            1.83


      $          1.77










      Shares used in computing GAAP diluted earnings (loss) per share

      60,497


      61,971


      61,855


      62,523










      Shares used in computing Non-GAAP diluted earnings per share

      61,979


      61,971


      61,855


      62,523

      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,



      2013


      2012


      2013


      2012


      Cost of product revenue

      $                    (157)


      $                     (47)


      $            (397)


      $          (331)


      Cost of service revenue

      (1,163)


      (952)


      (2,986)


      (2,899)


      Research and development

      (876)


      (461)


      (1,927)


      (2,173)


      Sales and marketing

      (2,593)


      (1,412)


      (6,754)


      (5,512)


      General and administrative

      (1,943)


      (2,089)


      (5,910)


      (6,797)



      $                 (6,732)


      $                 (4,961)


      $       (17,974)


      $      (17,712)



















      (2)

      Re-organization expenses










      Quarter ended


      Year to date



      September 30,


      September 30,



      2013


      2012


      2013


      2012


      Cost of product revenue

      $                       -


      $                       -


      $               (5)


      $              -


      Cost of service revenue

      -


      -


      (123)


      (52)


      Research and development

      -


      -


      -


      (177)


      Sales and marketing

      (182)


      -


      (307)


      (517)


      General and administrative

      (11)


      -


      (118)


      -



      $                    (193)


      $                       -


      $            (553)


      $          (746)



















      (3)

      Acquisition related compensation expense










      Quarter ended


      Year to date



      September 30,


      September 30,



      2013


      2012


      2013


      2012


      Cost of service revenue

      $                         -


      $                       (5)


      $                 -


      $            (22)


      Research and development

      16


      (85)


      (13)


      (302)


      Sales and marketing

      (3)


      (14)


      (4)


      (43)



      $                       13


      $                    (104)


      $             (17)


      $          (367)



















      (4)

      Acquisition related expenses










      Quarter ended


      Year to date



      September 30,


      September 30,



      2013


      2012


      2013


      2012


      Cost of product revenue

      $                        (4)


      $                       -


      $               (4)


      $              (5)


      Cost of service revenue

      -


      -


      -


      (39)


      Research and development

      (109)


      -


      (109)


      (31)


      Sales and marketing

      (105)


      -


      (105)


      100


      General and administrative

      (877)


      -


      (877)


      (4,417)


      Other expense, net

      (126)


      -


      (126)


      -



      $                 (1,221)


      $                         -


      $         (1,221)


      $        (4,392)










      NICE SYSTEMS LTD. AND SUBSIDIARIES






      CONDENSED CONSOLIDATED BALANCE SHEETS




      U.S. dollars in thousands 
















      September 30,


      December 31,





      2013


      2012





      Unaudited


      Unaudited










      ASSETS













      CURRENT ASSETS:







      Cash and cash equivalents 


      $         102,950


      $        98,596



      Short-term investments


      88,221


      199,955



      Trade receivables


      157,831


      155,426



      Other receivables and prepaid expenses


      45,299


      37,626



      Inventories


      15,221


      13,897



      Deferred tax assets


      17,095


      15,564










      Total current assets


      426,617


      521,064









      LONG-TERM ASSETS:







      Marketable securities


      252,702


      146,154



      Other long-term assets


      28,863


      28,676



      Property and equipment, net


      44,256


      41,278



      Other intangible assets, net


      185,614


      228,746



      Goodwill


      702,649


      695,027










      Total long-term assets


      1,214,084


      1,139,881









      TOTAL ASSETS


      $      1,640,701


      $   1,660,945










      LIABILITIES AND SHAREHOLDERS' EQUITY













      CURRENT LIABILITIES:







      Trade payables


      $           24,343


      $        20,553



      Deferred revenues


      147,218


      150,424



      Accrued expenses and other liabilities


      192,608


      212,452










      Total current liabilities


      364,169


      383,429









      LONG-TERM LIABILITIES:







      Deferred tax liabilities


      39,320


      58,341



      Other long-term liabilities


      30,429


      28,087










      Total long-term liabilities


      69,749


      86,428









      SHAREHOLDERS' EQUITY


      1,206,783


      1,191,088









      TOTAL LIABILITIES AND SHAREHOLDERS' EQUITY


      $      1,640,701


      $   1,660,945









      NICE SYSTEMS LTD. AND SUBSIDIARIES








      CONSOLIDATED CASH FLOW STATEMENTS








      U.S. dollars in thousands











      Quarter ended


      Year to date




      September 30,


      September 30,




      2013


      2012


      2013


      2012




      Unaudited


      Unaudited


      Unaudited


      Unaudited











      Operating Activities


















      Net income (loss)

      $    (3,708)


      $   16,777


      $  31,059


      $  35,764

      Adjustments to reconcile net income (loss) to net cash provided by (used in) operating activities









      Depreciation, amortization and other

      22,937


      24,753


      69,307


      72,218


      Stock based compensation

      6,732


      4,960


      17,973


      17,711


      Excess tax shortfall (benefit) from share-based payment arrangements

      (353)


      122


      (363)


      60


      Net recognized losses (gains) on investments and derivatives

      727


      200


      3,524


      (749)


      Gain on sale of intangible assets

      -


      -


      -


      (1,125)


      Deferred taxes, net

      (5,157)


      (5,972)


      (14,398)


      (19,681)


      Changes in operating assets and liabilities:










      Trade Receivables

      (3,664)


      (8,466)


      (3,669)


      2,453



      Other receivables and prepaid expenses

      1,392


      (4,801)


      (3,961)


      433



      Inventories

      455


      1,566


      (1,379)


      3,467



      Trade payables

      (1,425)


      (4,305)


      3,517


      2,834



      Accrued expenses and other current liabilities*

      (3,302)


      14,039


      (22,036)


      (3,045)



      Deferred revenue*

      (30,588)


      (28,038)


      (1,763)


      (17,140)



      Other long-term liabilities

      319


      761


      (87)


      364













        Net cash provided by (used in) operating activities

      (15,635)


      11,596


      77,724


      93,564











      Investing Activities



















      Purchase of property and equipment

      (7,033)


      (6,786)


      (15,359)


      (20,464)


      Proceeds from sale of property and equipment

      19


      3


      23


      1,010


      Purchase of investments

      (28,697)


      (66,437)


      (203,578)


      (139,176)


      Proceeds from investments

      70,807


      36,534


      198,881


      160,092


      Capitalization of software development costs

      (236)


      (386)


      (815)


      (1,141)


      Proceeds from sale of intangible assets, net

      -


      -


      -


      1,125


      Payments for acquisitions, net of cash acquired

      (21,361)


      -


      (21,361)


      (155,503)


      Proceeds upon the realization of investment in an affiliate

      588


      -


      588


      -













        Net cash provided by (used in) investing activities

      14,087


      (37,072)


      (41,621)


      (154,057)











      Financing Activities



















      Proceeds from issuance of shares upon exercise of share options and ESPP

      12,367


      2,926


      27,387


      25,650


      Purchase of treasury shares

      (16,573)


      (28,327)


      (39,565)


      (93,446)


      Dividends paid

      (9,693)


      -


      (19,349)


      -


      Excess tax benefit (shortfall) from share-based payment arrangements

      353


      (122)


      363


      (60)













        Net cash used in financing activities

      (13,546)


      (25,523)


      (31,164)


      (67,856)











      Effect of exchange rates on cash and cash equivalents

      294


      (446)


      (585)


      (1,244)











      Net change in cash and cash equivalents

      (14,800)


      (51,445)


      4,354


      (129,593)

      Cash and cash equivalents, beginning of period

      117,750


      126,289


      98,596


      204,437











      Cash and cash equivalents, end of period

      $ 102,950


      $   74,844


      $102,950


      $  74,844































      *Certain comparative figures have been reclassified to conform to the current year presentation.

      SOURCE NICE Systems

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