Unassociated Document
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
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Date
of Report:
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February 4,
2009
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(Date
of earliest event reported)
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(February
4, 2009)
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Multimedia
Games, Inc.
(Exact
name of Registrant as Specified in its Charter)
000-28318
(Commission
File Number)
Texas
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74-2611034
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(State
or other jurisdiction
of
incorporation)
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(IRS
Employer
Identification
No.)
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206
Wild Basin Rd., Bldg. B, Suite 400,
Austin,
Texas
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78746
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(Address
of Principal Executive Offices)
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(Zip
Code)
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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):
¨
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Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
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¨
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Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
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¨
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Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act 17 CFR
240.14d-2(b))
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¨
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Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
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Item 2.02.
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Results
of Operations and Financial
Condition.
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On
February 4, 2009, Multimedia Games, Inc. (“Multimedia”) issued a press
release announcing the results for its fiscal 2009 first quarter, which ended on
December 31, 2008, and is incorporated by reference into this Item 2.02. The
full text of the press release issued in connection with the announcement is
attached to this Current Report on Form 8-K as Exhibit 99.1.
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 9.01.
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Financial
Statements and Exhibits.
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Description
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99.1
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Press
Release, dated February 4, 2009, announcing first quarter fiscal year 2009
results.
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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.
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MULTIMEDIA
GAMES, INC.
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Dated:
February 4, 2009
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By:
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Uri
L. Clinton
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General
Counsel
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EXHIBIT
INDEX
Exhibit
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Description
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99.1
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Press
Release, dated February 4, 2009, announcing fiscal 2009 first quarter
financial results.
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