UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Form 8-K
CURRENT REPORT PURSUANT
TO SECTION 13 OR 15(D) OF THE
SECURITIES EXCHANGE ACT OF 1934
| Date of Report: | February 11, 2008 | |
| (Date of earliest event reported) | (February 6, 2008) |
Multimedia Games, Inc.
(Exact name of Registrant as Specified in its Charter)
001-14551
(Commission File Number)
| Texas | 74-2611034 | |
| (State or other jurisdiction of incorporation) |
(IRS Employer Identification No.) | |
| 206 Wild Basin Rd., Bldg. B, Suite 400, Austin, Texas |
78746 | |
| (Address of Principal Executive Offices) | (Zip Code) | |
Registrant’s telephone number, including area code: (512) 334-7500
(Former Name or Former Address, if Changed Since Last Report)
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):
| ¨ | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
| ¨ | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
| ¨ | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act 17 CFR 240.14d-2(b)) |
| ¨ | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
| Item 2.02. | Results of Operations and Financial Condition. |
On February 6, 2008, Multimedia Games, Inc. (the “Multimedia”) issued a press release announcing its first quarter fiscal year 2008 results and on the same date held a conference call to discuss these results. The full text of the press release issued in connection with the announcement and the related conference call transcript are attached to this Current Report on Form 8-K as Exhibits 99.1 and 99.2, respectively.
Use of Non-GAAP Financial Information
Multimedia uses the non-GAAP measure of EBITDA in its earnings releases. EBITDA is defined as earnings before interest, taxes, amortization, depreciation, and accretion of contract rights. Although EBITDA is not a measure of performance calculated in accordance with GAAP, Multimedia believes the use of the non-GAAP financial measure EBITDA enhances an overall understanding of Multimedia’s past financial performance, and provides useful information to the investor because of its historical use by Multimedia as a performance measure, and the use of EBITDA by other companies in the gaming equipment sector as a measure of performance. However, investors should not consider this measure in isolation or as a substitute for net income, operating income, or any other measure for determining Multimedia’s operating performance that is calculated in accordance with GAAP. In addition, because EBITDA is not calculated in accordance with GAAP, it may not necessarily be comparable to similarly titled measures employed by other companies. The non-GAAP financial measure included in the press release has been reconciled to the corresponding GAAP financial measures as required under the rules of the Securities and Exchange Commission regarding the use of non-GAAP financial measures.
The information in this Form 8-K and the Exhibits attached hereto shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934 (the “Exchange Act”) or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933 or the Exchange Act, except as expressly set forth by specific reference in such a filing.
| Item 5.02. | Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers. |
Effective February 11, 2008, the role and responsibilities of Brendan O’Connor, Multimedia’s Executive Vice President and Chief Technology Officer, were revised such that Mr. O’Conner no longer is an executive officer of Multimedia, as defined in Rule 3b-7 under the Exchange Act, but continues to retain his title as Executive Vice President and Chief Technology Officer and serve as an employee of Multimedia.
| Item 9.01. | Financial Statements and Exhibits. |
| (d) | Exhibits. |
| Exhibit No. |
Description | |
| 99.1 |
Press Release, dated February 6, 2008, announcing first quarter fiscal year 2008 results. | |
| 99.2 |
Transcript of Multimedia Games, Inc. conference call held on February 6, 2008. | |
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SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
| MULTIMEDIA GAMES, INC. | ||||
| Dated: February 11, 2008 | By: | /s/ Clifton E. Lind | ||
| Clifton E. Lind | ||||
| Chief Executive Officer | ||||
| (Principal Executive Officer) | ||||
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EXHIBIT INDEX
| Exhibit Number |
Description | |
| 99.1 |
Press Release, dated February 6, 2008, announcing first quarter fiscal 2008 financial results. | |
| 99.2 |
Transcript of Multimedia Games, Inc. conference call held on February 6, 2008. | |
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