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NuVasive Reports Second Quarter 2015 Financial Results

July 28, 2015 4:05 PM

SAN DIEGO, CA -- (Marketwired) -- 07/28/15 -- Second Quarter 2015 Highlights:

NuVasive, Inc. (NASDAQ: NUVA), a leading medical device company focused on transforming spine surgery with minimally disruptive, procedurally-integrated solutions, announced today financial results for the quarter ended June 30, 2015.

"We are pleased to report another strong quarter that resulted in revenue growth of more than 8% and an impressive 460 basis point increase in profitability, as we continued to take market share and gain momentum in our efforts to improve operational efficiencies," said Gregory T. Lucier, Chairman and Chief Executive Officer of NuVasive. "We are laser-focused on increasing our market share by rapidly developing disruptive technologies and services for spine surgery, expanding our global footprint in existing and new markets, and positioning NuVasive as a commercial powerhouse with integrated sales, service and specialized customer marketing programs. With these efforts underway, we look to move even faster to drive NuVasive's next phase of growth and success, while generating enhanced long-term value for our shareholders."

A full reconciliation of non-GAAP to GAAP measures can be found in the tables of this news release.

Second Quarter 2015 Results

NuVasive reported second quarter 2015 total revenue of $202.9 million, a 6.4% increase compared to $190.7 million for the second quarter 2014. On a constant currency basis, second quarter 2015 total revenue increased 8.5% compared to the same period last year.

GAAP gross profit for the second quarter 2015 was $154.5 million and gross margin was 76.1% compared to a gross profit of $145.8 million and a gross margin of 76.5% for the second quarter 2014. Total GAAP operating expenses for the second quarter 2015 were $128.6 million compared to $141.2 million in the second quarter 2014.

The Company reported a GAAP net income of $10.3 million, or $0.20 per share, for the second quarter 2015 compared to a GAAP net loss of $(4.1) million, or $(0.09) per share, for the second quarter 2014.

On a non-GAAP basis, the Company reported net income of $15.7 million, or $0.31 per share, for the second quarter 2015 compared to net income of $7.6 million, or $0.15 per share, for the second quarter 2014.

Cash, cash equivalents and short and long-term marketable securities were approximately $306.6 million at June 30, 2015.

Annual Guidance for 2015

The Company provided the following updated projections to its full year 2015 guidance:

Supplementary Financial Information

For additional financial detail, please visit the Investor Relations section of the Company's website at www.nuvasive.com to access Supplementary Financial Information.

                                                                            
                 Reconciliation of Full Year EPS Guidance                   
                                                          2015 Guidance     
                                                      --------------------- 
                                                        Prior      Current  
                                             2014        (1)        (2)     
                                            Actuals                         
                                           ---------  ---------  ---------- 
GAAP earnings (loss) per share             $  (0.36 ) $   1.12   $    1.18  
Impact of change from basic to diluted                                      
 share count                                    0.02          -           - 
Impact of treasury method on convertible                                    
 notes (3)                                         -       0.03        0.03 
                                           ---------  ---------  ---------- 
Adjusted GAAP earnings (loss) per share,                                    
 adjusted to diluted share count           $  (0.34 ) $   1.15   $    1.21  
  Amortization of intangible assets             0.16       0.14        0.14 
  Leasehold related charges                     0.13       0.03        0.03 
  Litigation liability                          0.36      (0.50)      (0.49)
  Intangible asset impairment                   0.13          -           - 
  CEO transition related costs                     -       0.04        0.04 
  One-time and acquisition related items                                    
   (4)                                          0.05       0.05        0.05 
  Non-cash interest expense on convertible                                  
   notes                                        0.18       0.19        0.19 
                                           ---------  ---------  ---------- 
Non-GAAP earnings per share                $   0.67   $   1.10   $    1.17  
                                           =========  =========  ========== 
                                                                            
GAAP Weighted shares outstanding - basic      46,715     48,593      48,593 
                                           =========  =========  ========== 
GAAP Weighted shares outstanding - diluted    46,715     52,607      52,607 
                                           =========  =========  ========== 
Non-GAAP Weighted shares outstanding -                                      
 diluted (3)                                  49,676     51,431      51,431 
                                           =========  =========  ========== 
                                                                            
(1)   Effective tax expense rate of ~46% applied to GAAP earnings and ~40%  
applied to Non-GAAP adjustments                                             
(2)   Effective tax expense rate of ~45% applied to GAAP earnings and ~40%  
applied to Non-GAAP adjustments                                             
(3)   Excludes the impact of share dilution of the convertible bond for     
which the Company has a hedge in place but is considered anti-dilutive under
US GAAP in weighted average shares outstanding                              
(4)   Acquisition related items include expenses associated with M&A related
activity and as incurred                                                    
                                                                            
                                                                            
                                                                            
               Reconciliation of Non-GAAP Operating Margin %                
                                                                            
                                                            2015 Guidance   
                                                           ---------------- 
                                                                            
                        (in thousands, except %)   2014     Prior   Current 
                                                  Actuals                   
                                                  -------  -------  ------- 
                     Non-GAAP Gross Margin % [A]    76.1 %   77.3 %   76.7 %
                            GAAP Gross Margin [D]    76.1%    77.3%    76.7%
                                                                            
       Non-GAAP Sales, Marketing & Administrative                           
                                     Expense [B]    59.9 %   57.9 %   56.9 %
                        Leasehold related charges     1.4%     0.4%     0.4%
                     CEO transition related costs       -      0.4%     0.4%
       One-time and acquisition related items (1)     0.3%     0.5%     0.5%
                                                  -------  -------  ------- 
   GAAP Sales, Marketing & Administrative Expense                           
                                              [E]    61.6%    59.2%    58.2%
                                                                            
     Non-GAAP Research & Development Expense [C]     4.8 %    5.0 %    4.8 %
       One-time and acquisition related items (1)     0.2%       -        - 
                                                  -------  -------  ------- 
          GAAP Research & Development Expense [F]     5.0%     5.0%     4.8%
                                                                            
                         Litigation liability [G]     3.9%    -5.3%    -5.2%
                  Intangible asset impairment [H]     1.4%       -        - 
            Amortization of intangible assets [I]     1.8%     1.5%     1.5%
                                                  -------  -------  ------- 
                                                                            
             Non-GAAP Operating Margin % [A-B-C]    11.4 %   14.4 %   15.0 %
                                                  =======  =======  ======= 
                                                                            
                                                  -------  -------  ------- 
            GAAP Operating Margin % [D-E-F-G-H-I]     2.4%    16.9%    17.4%
                                                  =======  =======  ======= 
                                                                            
(1 ) Acquisition related items include expenses associated with M&A related 
activity and as incurred                                                    
                                                                            
                      Reconciliation of EBITDA %                            
                                                                            
                                                         2015 Guidance      
                                                   ------------------------ 
(in thousands, except %)                  2014        Prior       Current   
                                        Actuals                             
                                      -----------  -----------  ----------- 
Net Income/ (Loss)                           -2.2%         7.3%         7.7%
  Interest (income) / expense, net            3.5%         3.5%         3.6%
  Provision for income taxes                  0.8%         6.0%         6.1%
  Depreciation and amortization (1)           8.1%         7.5%         7.8%
                                      -----------  -----------  ----------- 
EBITDA                                       10.2%        24.3%        25.2%
  Non-cash stock based compensation           4.4%         4.2%         3.9%
  Leasehold related charges                   1.4%         0.4%         0.4%
  Litigation liability                        3.9%        -5.3%        -5.2%
  Intangible asset impairment                 1.4%           -            - 
  CEO transition related costs (2)              -          0.4%         0.4%
  One-time and acquisition related                                          
   items (3)                                  0.5%         0.5%         0.5%
                                      -----------  -----------  ----------- 
Adjusted EBITDA                              21.9%        24.6%        25.2%
                                      ===========  ===========  =========== 
                                                                            
                                                                                                                                                                        
(1) Included in leasehold related charges are accelerated depreciation as a result of early leasehold terminations, which thereby were excluded from the depreciation   
line                                                                                                                                                                    
(2) Included in CEO transition related costs are $I.2m of stock based compensation charges, which thereby were excluded from the non-cash stock based compensation lines
(3) Acquisition related items include expenses associated with M&A related activity and as incurred                                                                     
                                                                                                                                                                        
                                                                                                                                                                        

Reconciliation of Non-GAAP Information

Management uses certain non-GAAP financial measures such as non-GAAP earnings per share, non-GAAP net income, non-GAAP operating expenses and non-GAAP operating margin, which exclude amortization of intangible assets, leasehold related charges, one-time restructuring and acquisition related items, CEO transition related costs, certain litigation charges and non-cash interest expense on convertible notes. Management also uses certain non-GAAP measures which are intended to exclude the impact of foreign exchange currency fluctuations. The measure constant currency is the use of an exchange rate that eliminates fluctuations when calculating financial performance numbers.

The Company also uses measures such as free cash flow, which represents cash flow from operations less cash used in the acquisition and disposition of capital. Additionally, the Company uses an adjusted EBITDA measure which represents earnings before interest, taxes, depreciation and amortization and excludes the impact of stock-based compensation, leasehold related charges, CEO transition related costs, certain litigation liabilities, acquisition related items and other significant one-time items. Management calculates the non-GAAP financial measures provided in this earnings release excluding these costs and uses these non-GAAP financial measures to enable it to further and more consistently analyze the period-to-period financial performance of its core business operations. Management believes that providing investors with these non-GAAP measures gives them additional information to enable them to assess, in the same way management assesses, the Company's current and future continuing operations. These non-GAAP measures are not in accordance with, or an alternative for, GAAP, and may be different from non-GAAP measures used by other companies. Set forth below are reconciliations of the non-GAAP financial measures to the comparable GAAP financial measure.

                                                                            
               Reconciliation of Second Quarter 2015 Results                
          GAAP Earnings per Share to Non-GAAP Earnings per Share            
                                                                            
                                                                            
                                                                            
                                         Pre-Tax                  Earnings  
(in thousands, except per share data)  Adjustments  Net of Tax   Per Share  
                                      ------------ ------------ ----------- 
GAAP net income                                    $     10,268 $      0.21 
GAAP impact of change from basic to                                         
 diluted share count                                                  (0.01)
                                                                ----------- 
GAAP net income, adjusted to diluted                                        
 share count                                                           0.20 
                                                                            
  Impact of treasury method on                                              
   convertible notes (1)                                               0.00 
  Amortization of intangible assets          2,974        1,784        0.04 
  Leasehold related charges                    159           95        0.00 
  Litigation liability                         568          341        0.01 
  CEO transition related costs                 110           66        0.00 
  One-time and acquisition related                                          
   items (2)                                 1,366          820        0.02 
  Non-cash interest expense on                                              
   convertible notes                         3,912        2,347        0.05 
                                                   ------------ ----------- 
                                                                            
Non-GAAP earnings                                  $     15,721        0.31 
                                                   ============ =========== 
                                                                            
                                                                            
GAAP weighted shares outstanding -                                          
 basic                                                               48,545 
                                                                 ========== 
GAAP weighted shares outstanding -                                          
 diluted                                                             51,681 
                                                                 ========== 
Non-GAAP weighted shares outstanding                                        
 - diluted (1)                                                       50,740 
                                                                 ========== 
                                                                            
(1) Excludes the impact of share dilution of the convertible bond for which 
the Company has a hedge in place but is considered anti-dilutive under US   
GAAP in weighted average shares outstanding (941k shares)                   
(2)  Acquisition related items include expenses associated with M&A related 
activity and as incurred                                                    
                                                                            
                                                                            
                                                                            
                Reconciliation of Year To Date 2015 Results                 
          GAAP Earnings per Share to Non-GAAP Earnings per Share            
                                                                            
                                                                            
                                        Pre-Tax                   Earnings  
(in thousands, except per share data) Adjustments   Net of Tax   Per Share  
                                      -----------  -----------  ----------- 
GAAP net income                                         41,828  $      0.87 
GAAP impact of change from basic to                                         
 diluted share count                                                  (0.06)
                                                                ----------- 
GAAP net income, adjusted to diluted                                        
 share count                                                           0.81 
                                                                            
  Impact of treasury method on                                              
   convertible notes (1)                                               0.01 
  Amortization of intangible assets         5,970        3,582         0.07 
  Leasehold related charges                 3,040        1,824         0.04 
  Litigation liability                    (42,007)     (25,204)       (0.50)
  CEO transition related costs              3,470        2,082         0.04 
  One-time and acquisition related                                          
   items (2)                                3,385        2,031         0.04 
  Non-cash interest expense on                                              
   convertible notes                        7,754        4,652         0.09 
                                                   -----------  ----------- 
                                                                            
Non-GAAP earnings                                  $    30,795  $      0.61 
                                                   ===========  =========== 
                                                                            
                                                                            
GAAP weighted shares outstanding -                                          
 basic                                                               48,269 
                                                                =========== 
GAAP weighted shares outstanding -                                          
 diluted                                                             51,700 
                                                                =========== 
Non-GAAP weighted shares outstanding                                        
 - diluted (1)                                                       50,784 
                                                                =========== 
                                                                            
(1)  Excludes the impact of share dilution of the convertible bond for which
the Company has a hedge in place but is considered anti-dilutive under US   
GAAP in weighted average shares outstanding (916k shares)                   
(2)  Acquisition related items include expenses associated with M&A related 
activity and as incurred                                                    
                                                                            
                                                                            
                                                                            
                                                                            
Reconciliation of Second Quarter and Six Months 2015 Results GAAP net income
                             to Adjusted EBITDA                             
                                                                            
                                                                            
                                    Three months ended    Six months ended  
(in thousands, except per share                                             
 data)                                June 30, 2015        June 30, 2015    
GAAP net income                    $             10,268  $           41,828 
  Interest (income) / expense, net                6,897              13,604 
  Provision for income taxes                      8,644              26,529 
  Depreciation and amortization                  16,553              32,630 
                                   --------------------  ------------------ 
EBITDA                             $             42,362  $          114,591 
                                   ====================  ================== 
  Non-cash stock based                                                      
   compensation (1)                               5,883              12,261 
  Leasehold related charges                         159               3,040 
  Litigation liability                              568             (42,007)
  CEO related transition costs                      110               3,470 
  One-time and acquisition related                                          
   items                                          1,366               3,385 
                                   --------------------  ------------------ 
Adjusted EBITDA                    $             50,448  $           94,740 
                                   ====================  ================== 
As a percentage of revenue                         24.9%               24.0%
                                                                            
                                                                            
                                                                            
(1) Included in CEO related transition costs are $1.2m of stock based       
compensation charges, which thereby were excluded from the non-cash stock   
based compensation line in the six months ended                             
                                                                            
                                                                            

Investor Conference Call

The Company will hold a conference call today at 4:30 p.m. ET / 1:30 p.m. PT to discuss the results of its second quarter 2015 financial performance. The dial-in numbers are 1-877-407-9039 for domestic callers and 1-201-689-8470 for international callers. A live webcast of the conference call will be available online from the Investor Relations page of the Company's website at www.nuvasive.com.

After the live webcast, the call will remain available on NuVasive's website through August 28, 2015. In addition, a telephone replay of the call will be available until August 4, 2015. The replay dial-in numbers are 1-877-870-5176 for domestic callers and 1-858-384-5517 for international callers. Please use pin number: 13612991.

About NuVasive

NuVasive is an innovative global medical device company that is changing spine surgery with minimally disruptive surgical products and procedurally-integrated solutions for the spine. NuVasive has emerged from a small startup to become the #3 player in the $9 billion global spine market and remains focused on market share-taking strategies as the Company continues on its path to become the industry's leading spine company. NuVasive offers a comprehensive spine portfolio of more than 90 unique products developed to improve spine surgery and patient outcomes. The Company's principal procedural solution is its Maximum Access Surgery, or MASĀ®, platform for lateral spine fusion. MAS was designed to provide safe, reproducible, and clinically proven outcomes, and is a highly differentiated solution with fully integrated neuromonitoring, customizable exposure, and a broad offering of application-specific implants and fixation devices designed to address a variety of pathologies.

NuVasive cautions you that statements included in this news release or made on the investor conference call referenced herein that are not a description of historical facts are forward-looking statements that involve risks, uncertainties, assumptions and other factors which, if they do not materialize or prove correct, could cause NuVasive's results to differ materially from historical results or those expressed or implied by such forward-looking statements. In addition, this news release contains selected financial results from the second quarter 2015, as well as financial projections for 2015. The numbers for second quarter 2015 are prior to the completion of review and audit procedures by the Company's external auditors and are subject to adjustment. In addition, the Company's projections for 2015 represent its initial estimates, and are subject to the risk of being inaccurate because of the preliminary nature of the forecasts, the risk of further adjustment, or unanticipated difficulty in selling products or generating expected profitability. The potential risks and uncertainties that could cause actual growth and results to differ materially include, but are not limited to: the risk that NuVasive's revenue or earnings projections may turn out to be inaccurate because of the preliminary nature of the forecasts; the risk of further adjustment to financial results or future financial expectations; unanticipated difficulty in selling products, generating revenue or producing expected profitability; and those other risks and uncertainties more fully described in the Company's news releases and periodic filings with the Securities and Exchange Commission. NuVasive's public filings with the Securities and Exchange Commission are available at www.sec.gov. NuVasive assumes no obligation to update any forward-looking statement to reflect events or circumstances arising after the date on which it was made.

                                                                            
                                                                            
                              NuVasive, Inc.                                
                   Consolidated Statements of Operations                    
                   (in thousands, except per share data)                    
                                                                            
                                Three Months Ended    Six Months Ended June 
                                     June 30,                 30,           
                               --------------------  ---------------------- 
(unaudited)                      2015       2014        2015        2014    
                               ---------  ---------  ----------  ---------- 
Revenue                        $ 202,910  $ 190,677  $  395,293  $  368,172 
Cost of goods sold (excluding                                               
 below amortization of                                                      
 intangible assets)               48,415     44,836      94,079      88,130 
                               ---------  ---------  ----------  ---------- 
Gross profit                     154,495    145,841     301,214     280,042 
Operating expenses:                                                         
  Sales, marketing and                                                      
   administrative                115,317    116,970     231,413     235,074 
  Research and development         8,782     10,067      18,046      19,522 
  Amortization of intangible                                                
   assets                          2,974      3,473       5,970       7,470 
  Impairment of intangible                                                  
   assets                              -     10,708           -      10,708 
  Litigation liability (gain)                                               
   loss                              568          -     (42,007)     30,000 
  Business transition costs          991          -       6,364           - 
                               ---------  ---------  ----------  ---------- 
Total operating expenses         128,632    141,218     219,786     302,774 
  Interest and other expense,                                               
   net:                                                                     
  Interest income                    344        233         763         450 
  Interest expense                (7,242)    (6,979)    (14,368)    (13,844)
Other income (expense), net         (281)      (205)        143         171 
                               ---------  ---------  ----------  ---------- 
Total interest and other                                                    
 expense, net                     (7,179)    (6,951)    (13,462)    (13,223)
                               ---------  ---------  ----------  ---------- 
Income (loss) before income                                                 
 taxes                            18,684     (2,328)     67,966     (35,955)
Income tax (expense) benefit      (8,644)    (1,942)    (26,529)     13,153 
                               ---------  ---------  ----------  ---------- 
Consolidated net income (loss) $  10,040  $  (4,270) $   41,437  $  (22,802)
                               =========  =========  ==========  ========== 
Add back net loss attributable                                              
 to non-controlling interests  $    (228) $    (182) $     (391) $     (438)
                               =========  =========  ==========  ========== 
Net income (loss) attributable                                              
 to NuVasive, Inc.             $  10,268  $  (4,088) $   41,828  $  (22,364)
                               =========  =========  ==========  ========== 
                                                                            
Net income (loss) per share                                                 
 attributable to NuVasive,                                                  
 Inc.:                                                                      
  Basic                        $    0.21  $   (0.09) $     0.87  $    (0.48)
                               =========  =========  ==========  ========== 
  Diluted                      $    0.20  $   (0.09) $     0.81  $    (0.48)
                               =========  =========  ==========  ========== 
Weighted average shares                                                     
 outstanding:                                                               
  Basic                           48,545     46,832      48,269      46,320 
                               =========  =========  ==========  ========== 
  Diluted                         51,681     46,832      51,700      46,320 
                               ---------  ---------  ----------  ---------- 
                                                                            
                                                                            
                                                                            
                                                                            
                              NuVasive, Inc.                                
                        Consolidated Balance Sheets                         
            (in thousands, except par values and share amounts)             
                                                                            
                                                                            
                                                June 30,      December 31,  
                                                  2015            2014      
                                             --------------  -------------- 
                   ASSETS                     (Unaudited)                   
Current assets:                                                             
  Cash and cash equivalents                  $       78,637  $      142,387 
  Short-term marketable securities                  200,052         220,329 
  Restricted cash and investments                    32,755               - 
  Accounts receivable, net of allowances of                                 
   $6,251 and $5,844, respectively                  116,835         118,959 
  Inventory, net                                    163,651         154,638 
  Deferred and prepaid taxes                         83,978          59,233 
  Prepaid expenses and other current assets           8,423          10,325 
                                             --------------  -------------- 
Total current assets                                684,331         705,871 
Property and equipment, net                         142,076         128,565 
Long-term marketable securities                      27,921          43,042 
Intangible assets, net                               89,978          96,555 
Goodwill                                            154,305         154,443 
Deferred tax assets, non-current                     42,035          65,330 
Restricted cash and investments                     119,731         123,233 
Other assets                                         25,388          26,420 
                                             --------------  -------------- 
Total assets                                 $    1,285,765  $    1,343,459 
                                             ==============  ============== 
           LIABILITIES AND EQUITY                                           
Current liabilities:                                                        
  Accounts payable and accrued liabilities   $       61,099  $      133,324 
  Accrued payroll and related expenses               29,490          38,032 
  Litigation liabilities                             41,065          30,000 
  Deferred and income tax liabilities                   785          13,543 
                                             --------------  -------------- 
Total current liabilities                           132,439         214,899 
Senior Convertible Notes                            368,501         360,746 
Deferred and income tax liabilities, non-                                   
 current                                              9,289          12,526 
Non-current litigation liabilities                   87,495          93,700 
Other long-term liabilities                          12,679          13,230 
Commitments and contingencies                                               
Stockholders' equity:                                                       
  Preferred stock, $0.001 par value;                                        
   5,000,000 shares authorized, none                                        
   outstanding                                            -               - 
  Common stock, $0.001 par value;                                           
   120,000,000 shares authorized at June 30,                                
   2015 and December 31, 2014, 51,299,463                                   
   and 47,691,744 issued and outstanding at                                 
   June 30, 2015 and December 31, 2014,                                     
   respectively                                          51              48 
  Additional paid-in capital                        940,765         847,145 
  Accumulated other comprehensive loss              (10,970)         (9,670)
  Accumulated deficit                              (145,110)       (186,938)
  Treasury stock at cost; 2,468,592 shares                                  
   and 233,369 shares at June 30, 2015 and                                  
   December 31, 2014, respectively                 (117,293)        (10,537)
                                             --------------  -------------- 
Total NuVasive, Inc. stockholders' equity           667,443         640,048 
Non-controlling interests                             7,919           8,310 
                                             --------------  -------------- 
Total equity                                 $      675,362  $      648,358 
                                             --------------  -------------- 
Total liabilities and equity                 $    1,285,765  $    1,343,459 
                                             ==============  ============== 
                                                                            
                                                                            
                                                                            
                                                                            
                              NuVasive, Inc.                                
                   Consolidated Statements of Cash Flows                    
                              (in thousands)                                
                                                                            
                                               Six Months Ended June 30,    
                                             ------------------------------ 
(Unaudited)                                       2015            2014      
                                             --------------  -------------- 
Operating activities:                                                       
Consolidated net income (loss)               $       41,437  $      (22,802)
Adjustments to reconcile net income (loss)                                  
 to net cash provided by operating                                          
 activities:                                                                
  Depreciation and amortization                      32,630          31,043 
  Amortization of non-cash interest                   8,749           8,081 
  Stock-based compensation                           13,493          16,549 
  Impairment of intangible assets                         -          10,708 
  Deferred income taxes                              19,996               - 
  Reserves on current assets                          4,083           2,383 
  Other non-cash adjustments                         10,669           4,114 
Changes in operating assets and liabilities,                                
 net of effects from acquisitions:                                          
  Accounts receivable                                   637          (8,603)
  Inventory                                         (15,181)        (20,930)
  Prepaid expenses and other current assets           1,182          (2,839)
  Accounts payable and accrued liabilities            6,841          12,999 
  Income taxes                                      (38,666)        (15,111)
  Accrued royalties                                 (47,112)          7,192 
  Litigation liability                                4,795          30,000 
  Accrued payroll and related expenses               (8,370)         (4,473)
                                             --------------  -------------- 
Net cash provided by operating activities            35,183          48,311 
Investing activities:                                                       
Cash paid for acquisitions and investments           (1,357)            (59)
Purchase of intangible assets                       (28,589)              - 
Purchases of property and equipment                 (47,976)        (32,560)
Purchases of marketable securities                 (129,549)       (129,080)
Sales of marketable securities                      164,147         103,650 
Purchases of restricted investments                 (62,625)              - 
Sales of restricted investments                      33,809               - 
                                             --------------  -------------- 
Net cash used in investing activities               (72,140)        (58,049)
Financing activities:                                                       
Incremental tax benefits related to stock-                                  
 based compensation awards                            9,928               - 
Proceeds from the issuance of common stock            8,360          14,193 
Payment of contingent consideration                    (514)           (498)
Purchase of treasury stock                          (43,937)            (44)
Other financing activities                              (87)           (644)
                                             --------------  -------------- 
Net cash (used in) provided by financing                                    
 activities                                         (26,250)         13,007 
Effect of exchange rate changes on cash                (543)            367 
                                             --------------  -------------- 
(Decrease) increase in cash and cash                                        
 equivalents                                        (63,750)          3,636 
Cash and cash equivalents at beginning of                                   
 period                                             142,387         102,825 
                                             --------------  -------------- 
Cash and cash equivalents at end of period   $       78,637  $      106,461 
                                             ==============  ============== 
   Investor/Media Contact:Stacy Roughan NuVasive, Inc. 1-858-909-1812Email contact

Source: NuVasive, Inc.

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