FalconStor Software Announces Third Quarter 2016 Results

November 2, 2016 4:08 PM EDT

MELVILLE, NY -- (Marketwired) -- 11/02/16 -- FalconStor Software ®, Inc. (NASDAQ: FALC), a market leader in software-defined storage, today announced financial results for its third quarter ended September 30, 2016.

"We continue to see our flagship FreeStor® platform adding new customer adoptions, existing customer conversions, additional industry award recognition and a new release to support the increasingly expanding footprint of the cloud" said Gary Quinn, President and CEO. "While we are pleased with the performance of FreeStor over the last fifteen months of availability, we have found difficulty in out pacing the decline of our legacy point solution business as customers transform their infrastructures. We will continue to optimize our cost structures to match our run-rate outlook of bookings, billings and total revenue."

Business Highlights:

  • The Company added 11 new customers or conversion customers from the install base utilizing the FreeStor subscription model during Q3 2016, including Fujitsu FIP Corporation and I-Net Corp., in Japan and 9 new customers in EMEA. We added 57 new customers or conversion customers from the install base utilizing the FreeStor technology perpetual licenses during Q3 2016. We now have over 300 customers using our FreeStor platform, not including the customers of our MSP and OEM partners.
  • The Company year-to-date 2016 achieved 128% of its total FY 2015 FreeStor platform bookings results.
    • FreeStor MSP subscription business increased over 400% in the first nine months of 2016 as compared with total FY 2015 bookings results.
    • FreeStor Enterprise subscription business increased over 600% in the first nine months of 2016 as compared with total FY 2015 bookings results.
    • FreeStor technology perpetual license business achieved over 70% of the total FY 2015 bookings results in the first nine months of 2016.
    • FreeStor technology OEMs achieved their first year annual commitments and achieved over 100% of the total FY 2015 bookings results in the first nine months of 2016.
  • Customers who purchased FreeStor or the FreeStor Technology during the first nine months of 2015 expanded their storage capacity by a total of 32% during 2016.
    • Customers who purchased the FreeStor subscription model during the first nine months of 2015 expanded their storage capacity by 44% during 2016.
    • Enterprise customers who purchased the FreeStor technology during the first nine months of 2015 expanded their storage capacity by 17% during 2016.
    • OEM customers who purchased the FreeStor technology during the first nine months of 2015 expanded their storage capacity by 55% during 2016.
  • During October 2016, the Company delivered the latest enhancements to its FreeStor platform which included new primary instance only pricing, public cloud connectors (AWS, Azure, Oracle Cloud, Aliyun, Huawei), enhanced Core-to-Edge Analytics, Unified Client Management, improved secure multi-tenancy, external security (A.D. and LDAP), and numerous performance optimizations.
  • During the quarter ended September 30, 2016, the FreeStor Cinder Driver for OpenStack was approved and is now included in the OpenStack Newton distribution as well as the RedHat OpenStack 8 distribution.
  • During October 2016, FreeStor achieved VMWare Metro Storage Cluster Certification.
  • During October 2016, FreeStor won product-of-the-year from the CloudHosting Awards. Since its release, FreeStor has won 11 software-defined storage (SDS) product-of-the-year awards at various leading industry publications, including three publications servicing the Asia markets and six publications servicing the European marketplace and two publications in the Americas.

Financial Highlights:

  • Total revenue for the third quarter of 2016 was $7.3 million, compared with $8.1 million in the second quarter of 2016 and compared with $9.7 million in the third quarter of 2015.
  • Total bookings for the third quarter of 2016 were $5.5 million, compared with $8.8 million in the second quarter of 2016 and compared with $8.8 million in the third quarter of 2015.
  • In the third quarter of 2016 approximately 84% of our total bookings were ratable as compared with 75% in the third quarter of 2015.
  • In the third quarter of 2016 approximately 65% of our total product bookings were ratable compared with 45% in the third quarter of 2015.
  • The Company closed the quarter with $6.1 million of cash, cash equivalents and marketable securities, compared with $13.4 million at December 31, 2015.
  • Non-GAAP expenses decreased 15%, compared with the second quarter of 2016 and decreased 25% when compared with the third quarter of 2015. Non-GAAP expenses totaled $8.9 million in the third quarter of 2016, compared with non-GAAP expenses of $10.5 million in the second quarter of 2016 and non-GAAP expenses of $11.8 million in the third quarter of 2015.
  • Non-GAAP gross margins were 72% in both the second and third quarter of 2016, compared with non-GAAP gross margins of 75% in the third quarter of 2015.

Financials

Total revenue for the three months ended September 30, 2016 was $7.3 million, compared with $9.7 million in the same period a year ago. Cost of revenue was $2.1 million for the three months ended September 30, 2016, compared with $2.4 million in the same period a year ago. Operating expenses were $7.1 million for the three months ended September 30, 2016, compared with $9.7 million in the same period a year ago. GAAP loss from operations for the three months ended September 30, 2016 was $1.8 million, compared with $2.5 million in the same period a year ago. Included in operating results for the three months ended September 30, 2016 and 2015 were $0.3 million and $0.4 million of share-based compensation expense, respectively. GAAP net loss for the three months ended September 30, 2016 was $2.0 million, compared with $2.6 million for the same period a year ago. Included in net loss for both the three months ended September 30, 2016 and 2015 was an income tax provision of $0.1 million. GAAP net loss attributable to common stockholders for the three months ended September 30, 2016, which includes the effects of the accretion to redemption value of the Series A redeemable convertible preferred stock and the accrual of Series A redeemable convertible preferred stock dividends, was $2.3 million, or $0.05 per diluted share, compared with $2.9 million, or $0.07 per diluted share, for the same period a year ago.

Non-GAAP loss from operations was $1.5 million for the three months ended September 30, 2016, compared with $2.1 million for the same period a year ago. Non-GAAP net loss was $1.7 million, or $0.04 per diluted share, for the three months ended September 30, 2016, compared with $2.2 million, or $0.05 per diluted share, for the three months ended September 30, 2015. Non-GAAP results exclude the effects of stock-based compensation, costs associated with the Company's investigations, litigation and settlement related costs, restructuring costs and the effects of our Series A redeemable convertible preferred stock.

Total revenue for the nine months ended September 30, 2016 was $22.8 million, compared with $39.2 million in the same period a year ago. Included in total revenue for the nine months ended September 30, 2015 was $11.3 million of revenue from a joint-development agreement. Cost of revenue was $6.4 million for the nine months ended September 30, 2016, compared with $7.5 million in the same period a year ago. Operating expenses were $26.1 million for the nine months ended September 30, 2016, compared with $30.9 million in the same period a year ago. GAAP loss from operations for the nine months ended September 30, 2016 was $9.7 million, compared with income from operations of $0.8 million in the same period a year ago. Included in operating results for the nine months ended September 30, 2016 and 2015 were; (i) $2.4 million and $1.2 million of share-based compensation expense, respectively; and (ii) $0.2 million of restructuring costs in both periods. GAAP net loss for the nine months ended September 30, 2016 was $9.8 million, compared with net income of less than $0.1 million for the same period a year ago. Included in net loss for both the nine months ended September 30, 2016 and 2015 was an income tax provision of $0.4 million. GAAP net loss attributable to common stockholders for the nine months ended September 30, 2016, which includes the effects of the accretion to redemption value of the Series A redeemable convertible preferred stock and the accrual of Series A redeemable convertible preferred stock dividends, was $10.9 million, or $0.25 per diluted share, compared with $1.0 million, or $0.02 per diluted share, for the same period a year ago.

Non-GAAP loss from operations was $7.1 million for the nine months ended September 30, 2016, compared with income from operations of $2.1 million for the same period a year ago. Non-GAAP net loss was $7.2 million, or $0.17 per diluted share, for the nine months ended September 30, 2016, compared with net income of $1.4 million, or $0.03 per diluted share, for the nine months ended September 30, 2015.

The Company closed the quarter with $6.1 million in cash, cash equivalents and marketable securities. Cash flow used in operations for the nine months ended September 30, 2016 was $7.1 million, compared with cash flow used in operations of $4.0 million during the same period in 2015. Deferred revenue at September 30, 2016 was $23.5 million, compared with $25.7 million at December 31, 2015.

Conference Call

The Company will host a conference call to discuss its financial results on Wednesday, November 2, 2016 at 4:30 p.m. EDT. To participate in the conference call, please dial:

Toll Free: 1-888-219-1217
International: +1-913-312-1448
Conference ID: 7335610

To view the presentation, please copy and paste the following link into your browser and register for this meeting. Once you have registered for the meeting, you will receive an email message confirming your registration.

https://falconstor.webex.com/falconstor/j.php?RGID=rde6e605784f7caa3afa3d8498af14e11

Meeting: FalconStor Q3 2016 Earnings
Meeting Password: Q3numbers16
Meeting Number: 799 231 953

If you are unable to register via the Internet, please contact Dori White, Investor Relations at 631-773-5819 or [email protected]

A conference call replay will be available beginning November 2, 2016 at 7:30 p.m. EDT through 7:30 p.m. EDT on November 9th. To listen to the replay of the call, dial toll free: 1-888-203-1112 or International: +1-719-457-0820, passcode: 7335610.

Non-GAAP Financial Measures

The non-GAAP financial measures used in this press release are not prepared in accordance with generally accepted accounting principles and may be different from non-GAAP financial measures used by other companies. The Company's management refers to these non-GAAP financial measures in making operating decisions because they provide meaningful supplemental information regarding the Company's operating performance. In addition, these non-GAAP financial measures facilitate management's internal comparisons to the Company's historical operating results and comparisons to competitors' operating results. We include these non-GAAP financial measures (which should be viewed as a supplement to, and not a substitute for, their comparable GAAP measures) in this press release because we believe they are useful to investors in allowing for greater transparency into the supplemental information used by management in its financial and operational decision-making. The non-GAAP financial measures exclude (i) costs associated with the Company's class action and derivative lawsuits, government investigations, and related legal fees, (ii) restructuring costs, (iii) effects of our Series A redeemable convertible preferred stock, and (iv) non-cash stock-based compensation charges and any potential tax effects. For a reconciliation of our GAAP and non-GAAP financial results, please refer to our Non-GAAP Operating Data GAAP Reconciliation, presented in this release.

About FalconStor Software

FalconStor Software®, Inc. (NASDAQ: FALC) is a leading software-defined storage company offering a converged data services software platform that is hardware agnostic. Our open, integrated flagship solution FreeStor reduces vendor lock-in and gives enterprises the freedom to choose the applications and hardware components that make the best sense for their business. We empower organizations to modernize their data center with the right performance, in the right location, all while protecting existing investments. FalconStor's mission is to maximize data availability and system uptime to ensure nonstop business productivity while simplifying data management to reduce operational costs. Our award-winning solutions are available and supported worldwide by OEMs as well as leading service providers, system integrators, resellers and FalconStor. The Company is headquartered in Melville, N.Y. with offices throughout Europe and the Asia Pacific region. For more information, visit falconstor.com or call 1-866-NOW-FALC (866-669-3252).

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This press release includes forward-looking statements that involve risk and uncertainties that could cause actual results to differ materially from the forward-looking statements. These risks and uncertainties include: delays in product development; market acceptance of FalconStor's products and services; technological change in the data protection industry; competition in the data protection market; results and costs associated with governmental investigations; intellectual property issues; and other risk factors discussed in FalconStor's reports on Forms 10-K, 10-Q and other reports filed with the Securities and Exchange Commission.

FalconStor, FalconStor Software, FreeStor and Intelligent Abstraction are trademarks or registered trademarks of FalconStor Software, Inc., in the U.S. and other countries. All other company and product names contained herein may be trademarks of their respective holders.

Links to websites or pages controlled by parties other than FalconStor are provided for the reader's convenience and information only. FalconStor does not incorporate into this release the information found at those links nor does FalconStor represent or warrant that any information found at those links is complete or accurate. Use of information obtained by following these links is at the reader's own risk.

                                                                            
                 FalconStor Software, Inc. and Subsidiaries                 
                   CONDENSED CONSOLIDATED BALANCE SHEETS                    
                                                                            
                                              September 30,   December 31,  
                                                  2016            2015      
                                             --------------  -------------- 
                                                 (unaudited)                
Assets                                                                      
Current assets:                                                             
  Cash and cash equivalents                  $    5,643,610  $    6,013,382 
  Marketable securities                             500,040       7,420,042 
  Accounts receivable, net                        3,253,257       6,635,262 
  Prepaid expenses and other current assets       1,357,254       1,742,668 
  Inventory                                           6,181          70,534 
  Deferred tax assets, net                          533,589         205,816 
                                             --------------  -------------- 
    Total current assets                         11,293,931      22,087,704 
Property and equipment, net                       1,129,565       1,565,932 
Deferred tax assets, net                            128,990         110,060 
Software development costs, net                     636,799       1,116,816 
Other assets, net                                 1,037,763       1,139,377 
Goodwill                                          4,150,339       4,150,339 
Other intangible assets, net                        227,883         256,137 
                                             --------------  -------------- 
    Total assets                             $   18,605,270  $   30,426,365 
                                             ==============  ============== 
Liabilities and Stockholders' Deficit                                       
Current liabilities:                                                        
  Accounts payable                           $      716,709  $    1,005,944 
  Accrued expenses                                5,069,086       6,783,514 
  Deferred tax liabilities, net                      89,662          89,343 
  Deferred revenue, net                          14,589,751      16,553,519 
                                             --------------  -------------- 
    Total current liabilities                    20,465,208      24,432,320 
Other long-term liabilities                       1,008,067         735,089 
Deferred tax liabilities, net                        46,938          27,069 
Deferred revenue, net                             8,887,015       9,122,289 
                                             --------------  -------------- 
    Total liabilities                            30,407,228      34,316,767 
                                             --------------  -------------- 
Commitments and contingencies                                               
Series A redeemable convertible preferred                                   
 stock                                            8,331,823       7,818,554 
    Total stockholders' deficit                 (20,133,781)    (11,708,956)
                                             --------------  -------------- 
    Total liabilities and stockholders'                                     
     deficit                                 $   18,605,270  $   30,426,365 
                                             ==============  ============== 
                                                                            
                                                                            
                                                                            
                 FalconStor Software, Inc. and Subsidiaries                 
              CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS               
                                (Unaudited)                                 
                                                                            
                           Three Months Ended         Nine Months Ended     
                              September 30,             September 30,       
                        ------------------------  ------------------------- 
                            2016         2015         2016          2015    
                        -----------  -----------  ------------  ----------- 
Revenue:                                                                    
  Product revenue       $ 2,245,544  $ 3,756,579  $  7,465,996  $21,377,450 
  Support and services                                                      
   revenue                5,081,266    5,926,647    15,361,096   17,798,241 
                        -----------  -----------  ------------  ----------- 
    Total revenue         7,326,810    9,683,226    22,827,092   39,175,691 
                        -----------  -----------  ------------  ----------- 
Cost of revenue:                                                            
  Product                   145,986      510,861       710,233    1,619,142 
  Support and service     1,914,383    1,915,090     5,675,728    5,875,837 
                        -----------  -----------  ------------  ----------- 
    Total cost of                                                           
     revenue              2,060,369    2,425,951     6,385,961    7,494,979 
                        -----------  -----------  ------------  ----------- 
Gross profit            $ 5,266,441  $ 7,257,275  $ 16,441,131  $31,680,712 
Operating expenses:                                                         
  Research and                                                              
   development costs      2,514,822    3,454,128     9,475,678    9,727,727 
  Selling and marketing   2,991,901    4,128,814    11,385,051   13,805,689 
  General and                                                               
   administrative         1,561,335    2,132,665     5,100,739    7,209,499 
  Investigation,                                                            
   litigation, and                                                          
   settlement related                                                       
   costs                          -            -             -        8,842 
  Restructuring costs             -       15,024       177,389      172,995 
                        -----------  -----------  ------------  ----------- 
    Total operating                                                         
     expenses             7,068,058    9,730,631    26,138,857   30,924,752 
                        -----------  -----------  ------------  ----------- 
    Operating (loss)                                                        
     income              (1,801,617)  (2,473,356)   (9,697,726)     755,960 
                        -----------  -----------  ------------  ----------- 
Interest and other                                                          
 (loss) income, net         (90,037)      25,697       265,397     (339,968)
                        -----------  -----------  ------------  ----------- 
    (Loss) income                                                           
     before income                                                          
     taxes               (1,891,654)  (2,447,659)   (9,432,329)     415,992 
Provision for income                                                        
 taxes                       84,519      134,280       375,338      403,736 
                        -----------  -----------  ------------  ----------- 
    Net (loss) income   $(1,976,173) $(2,581,939) $ (9,807,667) $    12,256 
                        ===========  ===========  ============  =========== 
Less: Accrual of Series                                                     
 A redeemable                                                               
 convertible preferred                                                      
 stock dividends            194,012      190,786       581,986      568,476 
Less: Accretion to                                                          
 redemption value of                                                        
 Series A redeemable                                                        
 convertible preferred                                                      
 stock                      178,619      149,969       513,269      430,943 
                        -----------  -----------  ------------  ----------- 
    Net loss                                                                
     attributable to                                                        
     common                                                                 
     stockholders       $(2,348,804) $(2,922,694) $(10,902,922) $  (987,163)
                        ===========  ===========  ============  =========== 
Basic net loss per                                                          
 share attributable to                                                      
 common stockholders    $     (0.05) $     (0.07) $      (0.25) $     (0.02)
                        ===========  ===========  ============  =========== 
Diluted net loss per                                                        
 share attributable to                                                      
 common stockholders    $     (0.05) $     (0.07) $      (0.25) $     (0.02)
                        ===========  ===========  ============  =========== 
Weighted average basic                                                      
 shares outstanding      43,488,448   41,113,431    42,847,038   41,004,976 
                        ===========  ===========  ============  =========== 
Weighted average                                                            
 diluted shares                                                             
 outstanding             43,488,448   41,113,431    42,847,038   41,004,976 
                        ===========  ===========  ============  =========== 
                                                                            
                                                                            
                 FalconStor Software, Inc. and Subsidiaries                 
           Reconciliation of GAAP to Non-GAAP Financial Measures            
                                (Unaudited)                                 
                                                                            
                         Three Months Ended           Nine Months Ended     
                           September 30,                September 30,       
                     -------------------------   -------------------------- 
                         2016          2015          2016           2015    
                     -----------   -----------   ------------   ----------- 
GAAP (loss) income                                                          
 from operations     $(1,801,617)  $(2,473,356)  $ (9,697,726)  $   755,960 
  Non-cash stock                                                            
   option expense                                                           
   (1)                   274,206       372,173      2,392,162     1,172,947 
  Legal related                                                             
   costs (3)                   -             -              -         8,842 
  Restructuring                                                             
   costs (4)                   -        15,024        177,389       172,995 
                     -----------   -----------   ------------   ----------- 
Non-GAAP (loss)                                                             
 income from                                                                
 operations          $(1,527,411)  $(2,086,159)  $ (7,128,175)  $ 2,110,744 
                     -----------   -----------   ------------   ----------- 
                                                                            
GAAP net (loss)                                                             
 income attributable                                                        
 to common                                                                  
 stockholders        $(2,348,804)  $(2,922,694)  $(10,902,922)  $  (987,163)
  Non-cash stock                                                            
   option expense,                                                          
   net of income                                                            
   taxes (2)             274,206       372,173      2,392,162     1,172,947 
  Legal related                                                             
   costs (3)                   -             -              -         8,842 
  Restructuring                                                             
   costs (4)                   -        15,024        177,389       172,995 
  Effects of Series                                                         
   A redeemable                                                             
   convertible                                                              
   preferred stock                                                          
   (5)                   372,631       340,755      1,095,255       999,419 
                     -----------   -----------   ------------   ----------- 
Non-GAAP net (loss)                                                         
 income              $(1,701,967)  $(2,194,742)  $ (7,238,116)  $ 1,367,040 
                     -----------   -----------   ------------   ----------- 
                                                                            
GAAP gross margin             72%           75%            72%           81%
  Non-cash stock                                                            
   option expense                                                           
   (1)                         0%            0%             0%            0%
                     -----------   -----------   ------------   ----------- 
Non-GAAP gross                                                              
 margin                       72%           75%            72%           81%
                     -----------   -----------   ------------   ----------- 
                                                                            
GAAP gross margin -                                                         
 Product                      93%           86%            90%           92%
  Non-cash stock                                                            
   option expense                                                           
   (1)                         0%            0%             0%            0%
                     -----------   -----------   ------------   ----------- 
Non-GAAP gross                                                              
 margin - Product             93%           86%            90%           92%
                     -----------   -----------   ------------   ----------- 
                                                                            
GAAP gross margin -                                                         
 Support and Service          62%           68%            63%           67%
  Non-cash stock                                                            
   option expense                                                           
   (1)                         0%            0%             1%            0%
                     -----------   -----------   ------------   ----------- 
Non-GAAP gross                                                              
 margin - Support                                                           
 and Service                  63%           68%            64%           67%
                     -----------   -----------   ------------   ----------- 
                                                                            
GAAP operating                                                              
 margin                      (25%)         (26%)          (42%)           2%
  Non-cash stock                                                            
   option expense                                                           
   (1)                         4%            4%            10%            3%
  Legal related                                                             
   costs (3)                   0%            0%             0%            0%
  Restructuring                                                             
   costs (4)                   0%            0%             1%            0%
                     -----------   -----------   ------------   ----------- 
Non-GAAP operating                                                          
 margin                      (21%)         (22%)          (31%)           5%
                     -----------   -----------   ------------   ----------- 
                                                                            
GAAP Basic EPS       $     (0.05)  $     (0.07)  $      (0.25)  $     (0.02)
  Non-cash stock                                                            
   option expense,                                                          
   net of income                                                            
   taxes (2)                0.01          0.01           0.06          0.03 
  Legal related                                                             
   costs (3)                0.00          0.00           0.00          0.00 
  Restructuring                                                             
   costs (4)                0.00          0.00           0.00          0.00 
  Effects of Series                                                         
   A redeemable                                                             
   convertible                                                              
   preferred stock                                                          
   (5)                      0.01          0.01           0.03          0.02 
                     -----------   -----------   ------------   ----------- 
Non-GAAP Basic EPS   $     (0.04)  $     (0.05)  $      (0.17)  $      0.03 
                     -----------   -----------   ------------   ----------- 
                                                                            
GAAP Diluted EPS     $     (0.05)  $     (0.07)  $      (0.25)  $     (0.02)
  Non-cash stock                                                            
   option expense,                                                          
   net of income                                                            
   taxes (2)                0.01          0.01           0.06          0.03 
  Legal related                                                             
   costs (3)                0.00          0.00           0.00          0.00 
  Restructuring                                                             
   costs (4)                0.00          0.00           0.00          0.00 
  Effects of Series                                                         
   A redeemable                                                             
   convertible                                                              
   preferred stock                                                          
   (5)                      0.01          0.01           0.03          0.02 
                     -----------   -----------   ------------   ----------- 
Non-GAAP Diluted EPS $     (0.04)  $     (0.05)  $      (0.17)  $      0.03 
                     -----------   -----------   ------------   ----------- 
                                                                            
Weighted average                                                            
 basic shares                                                               
 outstanding (GAAP                                                          
 and as adjusted)     43,488,448    41,113,431     42,847,038    41,004,976 
                     ===========   ===========   ============   =========== 
Weighted average                                                            
 diluted shares                                                             
 outstanding (GAAP)   43,488,448    41,113,431     42,847,038    41,004,976 
                     ===========   ===========   ============   =========== 
Weighted average                                                            
 diluted shares                                                             
 outstanding (as                                                            
 adjusted)            43,488,448    41,113,431     42,847,038    42,637,654 
                     ===========   ===========   ============   =========== 
                                                                            
Footnotes:                                                                  
(1) Represents non-cash, stock-based compensation charges as follows:       
                                                                            
                                    Three Months Ended   Nine Months Ended  
                                      September 30,        September 30,    
                                   ------------------- ---------------------
                                      2016      2015      2016       2015   
                                   --------- --------- ---------- ----------
Cost of revenue - Product          $       - $       - $        - $        -
Cost of revenue - Support and                                               
 Service                              16,684    26,653     85,521     80,357
Research and development costs        80,310    57,478  1,652,107    228,993
Selling and marketing                 88,907    73,575    231,979    225,155
General and administrative            88,305   214,467    422,555    638,442
                                   --------- --------- ---------- ----------
  Total non-cash stock based                                                
   compensation expense            $ 274,206 $ 372,173 $2,392,162 $1,172,947
                                   ========= ========= ========== ==========
                                                                            
(2) Represents the effects of non-cash stock-based compensation expense     
    recognized, net of related income tax effects. For the three and nine   
    months ended September 30, 2016 and 2015, the tax expense for both GAAP 
    and Non-GAAP basis approximate the same amount. Included in share-based 
    compensation expense for the nine months ended September 30, 2016, was  
    $1.5 million, related to costs associated with our exclusive source code
    license and development agreement which were paid through the issuance  
    of our common stock.                                                    
(3) Legal related costs represent expenses in connection with the Company's 
    investigations, litigation and settlement related costs for each        
    respective period presented.                                            
(4) Represents restructuring costs which were incurred during each          
    respective period presented.                                            
(5) Represents the effects of the accretion to redemption value of the      
    Series A redeemable convertible preferred stock and accrual of Series A 
    redeemable convertible preferred stock dividends.                       
                                                                            
                                                                            
   For more information, contact:FalconStor Software, Inc.Dori WhiteInvestor [email protected]

Source: FalconStor Software, Inc.



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