This excerpt taken from the EBAY 8-K filed Jan 22, 2009.
eBay Inc. (the company) is filing this amendment to its Current Report on Form 8-K, as filed with the SEC on January 21, 2009, to refile the press release attached as Exhibit 99.1. In the original filing, the last page of the press release was inadvertently not filed. All other information included in the original filing is unchanged.
The complete press release was publicly available through the companys Investor Relations website at http://investor.ebay.com prior to the conference call referred to in the press release.
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The information in this report is being furnished and shall not be deemed filed for the purposes of Section 18 of the Securities Exchange Act of 1934 (the Exchange Act), and is not to be incorporated by reference into any filing by eBay Inc. under the Securities Act of 1933 or the Exchange Act, regardless of any general incorporation language contained in such filing.
On January 21, 2009, eBay Inc. announced its financial results for the quarter and year ended December 31, 2008. A copy of eBays press release announcing its financial results and certain other information is attached as Exhibit 99.1 to this report.
The attached press release includes the following financial measures defined as non-GAAP financial measures by the Securities and Exchange Commission: non-GAAP net income, non-GAAP earnings per diluted share, non-GAAP operating margin, non-GAAP effective tax rate, and free cash flow. These measures may be different from non-GAAP financial measures used by other companies. The presentation of this financial information, which is not prepared under any comprehensive set of accounting rules or principles, is not intended to be considered in isolation or as a substitute for the financial information prepared and presented in accordance with generally accepted accounting principles. See Non-GAAP Measures of Financial Performance, Reconciliation of GAAP Operating Margin to Non-GAAP Operating Margin, Reconciliation of GAAP Net Income to Non-GAAP Net Income, Reconciliation of GAAP to Non-GAAP Effective Tax Rate, Reconciliation of Operating Cash Flows to Free Cash Flow, and Business Outlook included in the attached press release for further information regarding these non-GAAP financial measures, including a reconciliation of these measures to the nearest comparable GAAP measures and an explanation of why eBay includes these non-GAAP measures.
The attached press release also contains forward-looking statements relating to eBays future performance. A more thorough discussion of certain factors that may affect eBays actual results is included under the captions Risk Factors and Managements Discussion and Analysis of Financial Condition and Results of Operations in eBays Annual Report on Form 10-K for the year ended December 31, 2008, which will be filed with the SEC during the first quarter of 2009.
The following exhibit is furnished with this report:
This excerpt taken from the EBAY 10-Q filed Apr 24, 2008.
eBay Inc. is filing this Amendment No. 1 to its Quarterly Report on Form 10-Q for the quarterly period ended March 31, 2008, as filed with the Securities and Exchange Commission on April 24, 2008, to correct a typographical error in the heading to the table Supplemental Operating Data contained in Part I, Item 2 Managements Discussion and Analysis of Financial Condition and Results of Operations, which has been changed to (In millions, except percent changes) from (In thousands, except percent changes). Other than the change to this header, all other information included in the initial filing is unchanged.
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