An Open Letter to the Shareholders, Customers and Strategic Partners of BakBone Software.SAN DIEGO San Diego (săn dēā`gō), city (1990 pop. 1,110,549), seat of San Diego co., S Calif., on San Diego Bay; inc. 1850. San Diego includes the unincorporated communities of La Jolla and Spring Valley. Coronado is across the bay. -- BakBone Software TSX Transfer from Stack Pointer to Index TSX True Space Extension :BKB BKB Basler Kantonalbank (Switzerland) BKB Black King Bar (gaming weapon) BKB BV Kwaliteitsverklaringen Bouw (Dutch) BKB BankBoston Corporation )(OTCBB OTCBB See OTC Bulletin Board (OTCBB). :BKBOE) publishes an open letter to shareholders, customers and strategic partners from president and CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board. , Jim Johnson. Dear Fellow Stakeholders Stakeholders All parties that have an interest, financial or otherwise, in a firm-stockholders, creditors, bondholders, employees, customers, management, the community, and the government. : As the newly appointed president and CEO for BakBone Software, a global provider of data protection software, I would like to share my thoughts, impressions and confidence following my first three months of interacting with our Board of Directors, employees and management team. First, coming into an organization that had recently restated prior financial statements, changed its independent audit firm, and continues to face delays in its financial reporting has been a challenge, but not an insurmountable one. As a result of these delays, some shareholders, customers and especially competitors have questioned the viability of our business and our growth prospects. Through this letter, it is my hope that I can communicate the energy and enthusiasm I have witnessed in this company in my short time with BakBone -- it is truly remarkable. From the perspective of viability, I am proud to report the Company is in an excellent cash position with $19.2 million on its balance sheet as of our most recent quarter ended December 31, 2004. As well, we continue to operate our business completely free of debt, and we are in the enviable en·vi·a·ble adj. So desirable as to arouse envy: "the enviable English quality of being able to be mute without unrest" Henry James. position of having achieved positive cash flows from operations through the first nine months of this fiscal year. During the second and third quarters of this fiscal year, we achieved the following operational milestones:
-- Over the past six months, we added over 1,800 new global customers
including:
-- In Pac Rim: Daum Communications Corp., Korea's largest
Internet provider, Tokyo University, Mitsubishi Electronics,
SONY Computer Entertainment, Oil and Gas Corp of India, China
DongGuan Government Information Center, Coca Cola, ABN AMRO
Morgan, and the State Bank of Vietnam
-- In North America (NA): Primus, Texas A&M University, North
Texas Tollway Authority, Plexus Corp., Coram Healthcare, and
the City of Durham
-- In Europe, Middle East, Africa (EMEA): Shell Oil in both the
NA and EMEA regions, Trinity Mirror Group, Tupperware, Ricoh
Germany, Hannover Leasing, and Brighton University
-- 25 percent of the total value of new bookings in NA was derived
from repeat customers with 75 percent coming from new customers -
this compares to 10 percent from repeat customers and 90 percent
from new customers just one year ago - a clear indicator that
current customers are continuing to buy BakBone products. Specific
to the competitive landscape in NA, the majority of all
transactions continue to be Veritas replacements.
-- In December 2004, we signed a comprehensive agreement with Arrow
Electronics to distribute and support BakBone's NetVault data
protection software products and services. Along with Bell
Microproducts and Promark Technology, Arrow Electronics is our
third NA distributor and rounds out BakBone's distribution
strategy. Our focus going forward will be the recruitment of
additional top-tier value-added resellers. In the EMEA region, we
announced a distribution agreement with Four Leaf Technologies,
one of the leading storage distributors in the Nordic region with
resellers in Denmark, Sweden, Norway and Finland.
-- Our maintenance attach rate remains high and our maintenance
retention rate is continuing to improve on a global basis,
demonstrating continued confidence by our customers in our
products and our business.
-- Our operating system breakdown for bookings in the US and EMEA
regions reflect Microsoft at 55-60 percent, Linux at 30-35
percent, Unix at 5-10 percent, with the balance representing other
operating systems.
-- The trend of customers moving to disk-based backup continues to
increase, and during our second and third quarters we sold 2.75
petabytes of disk-based backup, which includes 1.5 petabytes to a
single customer (Note: 1,000 terabytes equals 1 petabyte).
-- NetVault 7.3 was released in October 2004 with enhanced support
for file systems and selected applications running Microsoft
Windows Server 2003 and Red Hat Enterprise Linux clustered
environments. In November, we added VaultDR disaster recovery
solutions for Linux and Solaris SPARC.
-- BakBone continues to be an industry leader in the worldwide backup
and recovery for Linux deployments with a market share of 79
percent in Japan, according to Techno Systems Research. With its
announcement of support for Novell's SUSE Linux Enterprise Server
9, BakBone continues to embrace a first-to-market approach to
operating system and platform support. Today, NetVault currently
supports more Linux distributions (12 worldwide) and architectures
(x86, Opteron x86-64 extended systems, IBM Power PC4 and
OpenPower) than any of our competition.
-- We announced strategic product relationships with both IBM and Sun
Microsystems moving us closer to building stronger ties to tier
one hardware players. Additional announcements with Snap
Appliance/Adaptec and Network Appliance continue to reinforce our
strength in network attached storage (NAS) environments.
-- We added Bharat Kumar as vice president of marketing. Bharat's
focus is defining and fulfilling BakBone's marketing initiatives
and business strategy to accelerate the worldwide adoption of our
products. And most recently, Fabrice Helliker was appointed to the
newly created position of chief technology officer, and Douglas
Spencer has joined our team as vice president of research and
development.
As you can see, the business fundamentals business fundamentals The general background within which an economy operates including earnings, sales, wage rates, taxes, and inflation. Improving business fundamentals are generally viewed as bullish for stocks, although stock prices at any given point of BakBone Software remain strong, and we have established a strategic presence around the globe. We intend to sustain this growth momentum by building scale in our operations to compete effectively in the globalization globalization Process by which the experience of everyday life, marked by the diffusion of commodities and ideas, is becoming standardized around the world. Factors that have contributed to globalization include increasingly sophisticated communications and transportation of our strategic partners and end-user base. Now, let me address the status of the release of our financial results. The last few quarters have been extremely frustrating frus·trate tr.v. frus·trat·ed, frus·trat·ing, frus·trates 1. a. To prevent from accomplishing a purpose or fulfilling a desire; thwart: for our shareholders as noted in our December 23 press release, and all of us at BakBone share those frustrations. We continue to work to resolve the outstanding issues in our historical financial statements and to complete the review of our interim financial statements for both fiscal second and third quarters. As an update to this process, the Company is doing additional analysis to review and determine the fair value of the various software components it sells and the allocation of discounts given to individual customers. This analysis must be completed prior to finalizing the revenue recognition review specific to these two areas. We are making progress with this analytical analytical, analytic pertaining to or emanating from analysis. analytical control control of confounding by analysis of the results of a trial or test. study, albeit extremely time and labor-intensive, which potentially may include thousands of transactions on a global basis. Once this analysis is complete, the results will be provided to our independent auditors Independent Auditor An external auditor with a certified public accounting designation that qualifies him or her to provide an auditor's report. Notes: These auditors aren't affiliated with the company being audited. for their review. Until the analytical study is complete, we are in the difficult position of not knowing an exact date when we can release our financial results. What we do know at this point is that the analysis and review could take as long as five months, or until the end of June. We will update all internal and external audiences if this timeline changes or if we have material information to report. Let me clearly state that revenues previously recognized in prior years will all be recognized, but we must ensure the appropriate accounting treatment of revenues to ensure that they are recognized in the proper period. I can't reiterate re·it·er·ate tr.v. re·it·er·at·ed, re·it·er·at·ing, re·it·er·ates To say or do again or repeatedly. See Synonyms at repeat. re·it enough our desire to complete this review process and distribute our financial reports in order that all internal and external audiences are apprised of the good work being accomplished by this company. Without question, one of the most asked questions from our shareholders is when we will resume trading on the Toronto Stock Exchange Toronto Stock Exchange (TSE) Canada's largest stock exchange, trading approximately 1,200 company stocks and 33 options. (TSE See Tokyo Stock Exchange. TSE 1. See Tokyo Stock Exchange (TSE). 2. See Toronto Stock Exchange (TSE). ) and the status of our listing on the U.S. over-the-counter Bulletin Board (OTCBB). At such time as we have published our financial results, application will be made to our three Canadian Securities Commissions (Alberta, Ontario and British Columbia British Columbia, province (2001 pop. 3,907,738), 366,255 sq mi (948,600 sq km), including 6,976 sq mi (18,068 sq km) of water surface, W Canada. Geography ), as well as to the TSE, to resume trading. Regarding the OTCBB, shares of BakBone Software are dually quoted on both the OTCBB and the pink sheets. We will meet with a panel representing the NASD NASD See: National Association of Securities Dealers NASD See National Association of Securities Dealers (NASD). Board of Governors on Wednesday, February 9, 2005. This panel will determine whether the Company's securities are eligible for continued quotation on the OTCBB. While the Company intends to request that quotation on the OTCBB continue without interruption INTERRUPTION. The effect of some act or circumstance which stops the course of a prescription or act of limitation's. 2. Interruption of the use of a thing is natural or civil. , we cannot predict the outcome of the panel's decision. No action will be taken to remove the Company's securities from the OTCBB prior to a determination by this panel. If the determination is made to remove the Company's securities from the OTCBB temporarily, and while not ideal, shares of BakBone Software will continue to trade in the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. at the pink sheet level utilizing designated market makers. There is no waiting period to re-list on NASDAQ's OTCBB and application will be made simultaneously with the filing of our quarterly financial reports. We have the people, patience, perseverance Perseverance See also Determination. Ainsworth redid dictionary manuscript burnt in fire. [Br. Hist.: Brewer Handbook, 752] Call of the Wild, The dogs trail steadfastly through Alaska’s tundra. [Am. Lit. and resolve to work through the financial reporting delays that have seized this organization. We are investing in an exceptional portfolio of technologies to drive the long-term growth of the Company, and have a confident and committed leadership team in place to take advantage of the vast growth opportunities in the markets we serve. Individually and as a team, BakBone's management team is exceptionally well prepared to grow our business, develop our talented global workforce, and guide us to capitalize on Cap´i`tal`ize on` v. t. 1. To turn (an opportunity) to one's advantage; to take advantage of (a situation); to profit from; as, to capitalize on an opponent's mistakes s>. next-generation technologies. By carefully evaluating market dynamics, technology trends and customer requirements, I believe BakBone has established a solid foundation for future growth. Moreover, the Company's commitment to being a first-class organization in terms of personnel and infrastructure further strengthens its potential. In today's market, BakBone's focus on its business fundamentals is extremely impressive and just one of the many factors that compelled me to join this team. We stand committed to our shareholders, customers and strategic partners. I hope you share my enthusiasm and excitement and that you will continue to support the hard work of BakBone and its employees. I can assure you that the goal of maximizing shareholder value is the focus of all our activities. Sincerely, Jim Johnson President and CEO Safe Harbor Safe Harbor 1. A legal provision to reduce or eliminate liability as long as good faith is demonstrated. 2. A form of shark repellent implemented by a target company acquiring a business that is so poorly regulated that the target itself is less attractive. This communication contains forward-looking statements forward-looking statement A projected financial statement based on management expectations. A forward-looking statement involves risks with regard to the accuracy of assumptions underlying the projections. that involve risks, uncertainties, assumptions and other factors, which, if they do not materialize ma·te·ri·al·ize v. ma·te·ri·al·ized, ma·te·ri·al·iz·ing, ma·te·ri·al·iz·es v.tr. 1. To cause to become real or actual: By building the house, we materialized a dream. or prove correct, could cause BakBone's results to differ materially from those expressed or implied by such forward-looking statements. These statements include, among others, any statements, express or implied, regarding BakBone's anticipated timing for the completion of its financial statements, the Company's growth prospects, growth in the market for the Company's products and the prospects for continued liquidity in the Company's stock. The potential risks and uncertainties may include, but are not limited to, risks that the review of our financial statements will result in adjustments, which may be material, that the Company does not currently anticipate; risks that accounting issues other than those identified in this communication may cause additional delays or adverse consequences; risks that the review and filing of our financial statements may not be completed in accordance Accordance is Bible Study Software for Macintosh developed by OakTree Software, Inc.[] As well as a standalone program, it is the base software packaged by Zondervan in their Bible Study suites for Macintosh. with our expectations as to timing; potential delisting Delisting When the stock of a company is removed from a stock exchange. Notes: Reasons for delisting include violating regulations and/or failure to meet financial specifications set out by the stock exchange. from the OTCBB and the resulting illiquidity of our stock; competition in our target markets; potential capital needs; management of future growth and expansion; risk of third party claims of infringement; protection of proprietary information, customer acceptance of the Company's products and fee structures; the success of BakBone's brand development efforts; risks associated with strategic alliances; reliance on distribution channels; product concentration; need to develop new and enhanced products; potential product defects; our ability to hire and retain qualified employees and key management personnel; risks associated with changes in domestic and international market conditions; and the entry into and development of international markets for the Company's products. Our forward-looking statements should be considered in the context of these and other risk factors disclosed in our most recent report filed with the Securities and Exchange Commission, which may be found at www.sec.gov, as well as those risk factors disclosed in the current report filed with the Canadian Securities Administrators Canadian Securities Administrators(CSA) is a forum for the 13 securities regulators of Canada's provinces and territories to coordinate and harmonize regulation of the Canadian capital markets. , which is available on SEDAR SEDAR System for Electronic Document Analysis and Retrieval SEDAR Southeast Data, Assessment, and Review at www.sedar.com. All future written and oral forward-looking statements made by us or on our behalf are also subject to these factors. BakBone assumes no obligation to update any forward-looking statement to reflect events or circumstances CIRCUMSTANCES, evidence. The particulars which accompany a fact. 2. The facts proved are either possible or impossible, ordinary and probable, or extraordinary and improbable, recent or ancient; they may have happened near us, or afar off; they are public or arising after the date on which it was made. |
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