KNDL » Topics » ITEM 2.02 RESULTS OF OPERATIONS AND FINANCIAL CONDITION

This excerpt taken from the KNDL 8-K filed Nov 5, 2009.
ITEM 2.02 RESULTS OF OPERATIONS AND FINANCIAL CONDITION

On November 4, 2009, Kendle International Inc. (the “Company”) issued a press release announcing financial results for its third quarter ended September 30, 2009 (the “Press Release”).  The Press Release is being furnished as Exhibit 99.1 to this Current Report on Form 8-K and is incorporated by reference in this Item 2.02.

The information in this Form 8-K under the captions “Item 2.02 — Results of Operations and Financial Condition”, including information in any related exhibits, is being furnished to the Securities and Exchange Commission and shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (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, as amended, or the Exchange Act, except as expressly set forth by specific reference in such a filing.

ITEM 2.02  RESULTS OF OPERATIONS AND FINANCIAL CONDITION

     On August 5, 2009, Kendle International Inc. (the “Company”) issued a press release announcing financial results for its first quarter ended June 30, 2009 (the “Press Release”).  The Press Release is being furnished as Exhibit 99.1 to this Current Report on Form 8-K and is incorporated by reference in this Item 2.02.

     The information in this Form 8-K under the captions “Item 2.02 — Results of Operations and Financial Condition,” including information in any related exhibits, is being furnished to the Securities and Exchange Commission and shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (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, as amended, or the Exchange Act, except as expressly set forth by specific reference in such a filing.

This excerpt taken from the KNDL 8-K filed May 7, 2009.

ITEM 2.02 RESULTS OF OPERATIONS AND FINANCIAL CONDITION

On May 6, 2009, Kendle International Inc. (the “Company”) issued a press release announcing financial results for its first quarter ended March 31, 2009 (the “Press Release”). The Press Release is being furnished as Exhibit 99.1 to this Current Report on Form 8-K and is incorporated by reference in this Item 2.02.

The information in this Form 8-K under the captions “Item 2.02 — Results of Operations and Financial Condition”, including information in any related exhibits, is being furnished to the Securities and Exchange Commission and shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (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, as amended, or the Exchange Act, except as expressly set forth by specific reference in such a filing.

This excerpt taken from the KNDL 8-K filed Jan 12, 2009.
ITEM 2.02  RESULTS OF OPERATIONS AND FINANCIAL CONDITION

     On January 12, 2009, Kendle International Inc. (the “Company”) issued a press release announcing revised financial expectations for its fiscal year ending December 31, 2008. This press release is furnished as Exhibit 99.1 hereto and incorporated herein by reference.

     The information under this caption, “Item 2.02 — Results of Operations and Financial Condition”, including information in any related exhibits, is being furnished to the Securities and Exchange Commission and shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (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, as amended, or the Exchange Act, except as expressly set forth by specific reference in such a filing.

This excerpt taken from the KNDL 8-K filed Feb 18, 2005.

ITEM 2.02    RESULTS OF OPERATIONS AND FINANCIAL CONDITION

        On February 14, 2005, Kendle International Inc. (the “Company”) held a Webcast and conference call discussing the results of operations and financial condition for its fourth quarter and year ended December 31, 2004, which were publicly disseminated by a press release on the morning of February 14, 2005 (the “Earnings Release”) and subsequently furnished to the Securities and Exchange Commission (the “Commission”) on a Current Report on Form 8-K. A transcript of the call is furnished as Exhibit 99.1 hereto and incorporated herein by reference.

        In reviewing the Earnings Release during the conference call, the Company disclosed results of operations in accordance with generally accepted accounting principles (“GAAP”) and also disclosed net income for the year ended December 31, 2004 adjusted for employee severance costs related to a workforce realignment and a gain on the partial early extinguishment of debt. Additionally, the Company disclosed results of operations and net income (loss) for the three and twelve month periods ended December 31, 2003 in accordance with GAAP and as adjusted for the following: employee severance costs associated with workforce realignment plans recorded in the first and third quarters of 2003, an investment impairment charge and a gain on the partial early extinguishment of debt. The Company’s management believes that disclosing the Company’s financial results using these non-GAAP financial measures is useful to investors because these non-GAAP financial measures provide investors with a basis for comparing the Company’s fourth quarter 2004 and year-to-date financial results to its financial results from prior periods. In addition, the Company’s management believes that the use of net income (loss) adjusted for the items discussed above provides investors with information that is not otherwise available in, and could not be derived from, the Company’s financial statements due to differences in tax effects between jurisdictions in which the charges were incurred. Finally, net income (loss) adjusted for the items discussed above is the basis upon which management reports to the Company’s Board of Directors and represents the measure by which management believes is most used by analysts and investors following the Company.

        The information under this caption, “Item 2.02 – Results of Operations and Financial Condition”, including information in any related exhibits, is being furnished to the Securities and Exchange Commission and shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (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, as amended, or the Exchange Act, except as expressly set forth by specific reference in such a filing. This transcript is being furnished by the Company because the Webcast and conference call took place prior to the time the Earnings Release was furnished to the Commission on a Current Report on Form 8-K.

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