Posts Tagged ‘Louis Hernandez’

Greenfield Resigns from Avid Board of Directors

Broadcast technology vendor financials, Quarterly Results, SEC Filings | Posted by Joe Zaller
May 20 2013

Former Avid CEO Gary Greenfield has resigned from the company’s board of directors.

Greenfield, who was replaced as CEO and president of Avid by Louis Hernandez in February 2013 remained a board member of the company after stepping down from his executive role.

According to a regulatory filing, Greenfield’s term as director was scheduled to expire at the company’s 2013 annual meeting of stockholders.

However, in February 2013, Avid announced that it would delay the release of its Q4 and full-year 2012 results in order “to provide additional time for the company to evaluate its current and historical accounting treatment related to bug fixes, upgrades and enhancements to certain products which the company has provided to certain customers.”

Avid subsequently postponed its 2013 annual meeting of shareholders.

Avid said that because its annual meeting has been delayed, Greenfield decided to resign from his position as director of the Company so that he could attend to other commitments.  Greenfield submitted his resignation as a director on May 15, 2013, effective immediately.

Avid said that Greenfield’s decision to resign was mutually agreeable and amicable and not a result of any disagreement or dispute with the company or its management.

Greenfield’s departure as CEO was followed in April 2013 by the departure of Ken Sexton, who had served as CFO under Greenfield. At that time, Avid said Sexton would continue on in a consulting capacity, for an initial period ending September 30, 2013, and work closely with Frederick in order to ensure a smooth transition.

Sexton was replaced as CFO by John Frederick, who joined the company in February 2013 as Chief of Staff.  Prior to joining Avid, Frederick was the Corporate EVP and CFO at Open Solutions, where Hernandez was previously CEO.

In addition to postponing its annual shareholder meeting due to its accounting review, Avid also delayed the filing its annual 10-K with securities regulators. As a result, Avid was notified by NASDAQ in March 2013 that the company no longer complies with NASDAQ Marketplace Rule 5250(c)(1), which requires timely filing of periodic reports with the SEC.  Failure to comply with this rule could result in the delisting of Avid’s shares from the NASDAQ Global Select Market.

At that time, Avid said it was “working diligently to complete the review and continues to focus its efforts on completing the Form 10-K filing as soon as possible,” and that it intends to submit a plan to NASDAQ staff as to how it intends to regain compliance with continued listing requirements.

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Related Content:

Avid 8-K Filing: Greenfield Resigns From Avid Board

Avid Replaces Chief Financial Officer

Avid Receives Notice of Potential Delisting From NASDAQ for Failure to Submit 10-K Filing

Avid Delays Release of Q4 and Full Year 2012 Results, Shares Fall

Greenfield Out as Avid CEO, Replaced by Louis Hernandez

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Avid Replaces Chief Financial Officer

Broadcast technology vendor financials, SEC Filings | Posted by Joe Zaller
Apr 25 2013

Avid announced that John Frederick, who joined the company in February 2013 as Chief of Staff, has assumed the role of CFO.  Prior to joining Avid, Frederick was the Corporate EVP and CFO at Open Solutions.

Frederick replaces Ken Sexton, who has been Avid’s CFO since 2008 under previous CEO Gary Greenfield.  Avid says that Sexton, who, earned $2.4m in 2011 according to Bloomberg Business Week, will continue on in a consulting capacity and work closely with Frederick in order to ensure a smooth transition.

New Avid president and CEO Louis Hernandez, who previously worked with Frederick at Open Solutions said: “John is a seasoned financial executive with extensive experience directing the strategic performance of high-growth technology companies. I previously worked with John at Open Solutions, and John’s leadership and financial acumen were instrumental in our successful sale to Fiserv. I am thrilled to have him be part of the team at Avid, as we take the company into its next phase of growth.”

Hernandez added, “On behalf of the Avid community, I also would like to thank Ken Sexton for his guidance, leadership, and years of service to Avid. We are fortunate to be able to retain him in a consulting capacity, and to insure a smooth transition of his responsibilities.”

While it’s not unusual for a new CEO to bring in a CFO with whom he’s worked with previously, Frederick’s appointment may draw extra attention because Avid is in the middle of a major review of its previous accounting practices.

In February 2013, Avid announced that it would delay the release of its Q4 and full-year 2012 results in order “to provide additional time for the company to evaluate its current and historical accounting treatment related to bug fixes, upgrades and enhancements to certain products which the company has provided to certain customers.”

Because of this review, Avid also delayed the filing its annual 10-K with securities regulators. As a result, Avid was notified by NASDAQ in March 2013 that the company no longer complies with NASDAQ Marketplace Rule 5250(c)(1), which requires timely filing of periodic reports with the SEC.  Failure to comply with this rule could result in the delisting of Avid’s shares from the NASDAQ Global Select Market.

At that time, Avid said it was “working diligently to complete the review and continues to focus its efforts on completing the Form 10-K filing as soon as possible,” and that it intends to submit a plan to NASDAQ staff as to how it intends to regain compliance with continued listing requirements.

Under NASDAQ’s rules, the company has until May 20, 2013 to submit this plan.

 

According to Avid, the company has signed a five year employment agreement with Frederick that provides for (i) an annual base salary of $425,000, (ii) a signing and a relocation bonus totaling $200,000, (iii) an annual incentive bonus target equal to 100% of annual base salary (up to a maximum of 135% of annual base salary), (iv) an annual travel and housing allowance of approximately $134,000 subject to normal tax withholding and (v) a long term equity award consisting of time vesting stock options and restricted stock unit awards and performance vesting options (which vest upon attainment of specified targets relating to the Company’s return on equity).  Frederick also received 65,000 time vesting options and 65,000 time vesting restricted stock unit awards, as well as 400,000 performance vesting options. Frederick must repay the signing bonus of $150,000 to the Company in full if he is terminated for cause or resigns without good reason prior to February 11, 2014.

The company also said that it has entered into an agreement with former CFO Sexton to provide consulting services for an initial period ending September 30, 2013. According to the agreement Sexton will be paid $15,000 per month and commit 45% of his time to assisting the company with the ongoing accounting evaluation, and other matters relating to the transition of duties to Frederick, and other projects specified by the company.

The company also said that as part of his separation from the company, Sexton will receive (i) payment of his accrued and unpaid salary and benefits, (ii) salary continuation for twelve months in the aggregate amount of $433,000, (iii) remaining eligible for a prorated annual incentive bonus for the fiscal years 2012 and 2013 if the company pays bonuses on account of such years to executives who remain employed with the Company, (iv) payment in respect of COBRA premiums, (v) outplacement services and (vi) thirteen months additional vesting on his time-vesting equity awards which are unvested as of the Transition Date.

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Related Content:

Press Release: Avid Announces New Chief Financial Officer

Bloomberg Business Week Profile of Ken Sexton

Avid Receives Notice of Potential Delisting From NASDAQ for Failure to Submit 10-K Filing

Avid Delays Release of Q4 and Full Year 2012 Results, Shares Fall

Greenfield Out as Avid CEO, Replaced by Louis Hernandez

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IABM to Host NAB 2013 Information Session on Industry Reinvention, Featuring Panel of Prominent Technology Vendor CEOs

broadcast industry technology trends, broadcast industry trends, broadcast technology market research | Posted by Joe Zaller
Apr 03 2013

Here’s an event at the NAB 2013 Show that’s worth attending.

IABM, the trade group that represents media technology suppliers worldwide, is hosting an information session that will highlight recent industry market intelligence data, and include a moderated panel discussion on reinvention featuring CEOs of four prominent technology vendor: Avid, Digital Rapids, Nevion, and Ross Video.

Disclosure: I work with IABM and I arranged the CEO panel for this event.

When putting this panel together we wanted to have a mix of large and small companies, as well as a mix of hardware and software vendors.  I think this line-up fits that profile perfectly, and should provide some lively debate.

Best of all, it’s a free session that’s open to all registered NAB Show attendees.

 

Here’s some more information on the event.

The increasing power of IT technology, combined with the need to distribute and monetize content on multiple platforms, has driven broadcasters, pay TV operators, service providers, and other end-users of digital media technology to create and deploy new workflows strategies and business models.

This rapid shift in the commercial priorities of end-users has significant implications for the supply side of the industry.

This thought-provoking session will provide unique insight into challenges and opportunities facing vendors as the industry enters a period of transition from long-established business models to an environment where end-user increasingly demand software-based solutions, elastic provisioning, and higher levels of both efficiency and customer service.

“Traditional” broadcast technology vendors may have to re-evaluate their existing product portfolio and re-invent their business model. At the same time a plethora of new entrants are challenging the established industry norms. It’s a dynamic period to say the least.

The critical issues facing the industry in these times of change and opportunity will be discussed. How will larger companies adapt? What role will new entrants play? What will be the key drivers as the broadcast and media industry goes through this period of re-invention?

This is an excellent opportunity to gain a unique insight in to the developments that matter.

 

The event is from 7:30am – 9:00am on Monday April 8, 2013, in Room N234/236 of the Las Vegas Convention Center.

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Related Content:

The IABM – Representing the Broadcast And Media Technology Supply Industry Worldwide

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Avid Receives Notice of Potential Delisting From NASDAQ for Failure to Submit 10-K Filing

Broadcast technology vendor financials, SEC Filings | Posted by Joe Zaller
Mar 21 2013

Avid said that it received notification from NASDAQ that, due to the delay in the filing of its annual 10-K report, the company no longer complies with NASDAQ Marketplace Rule 5250(c)(1), which requires timely filing of periodic reports with the SEC.

Failure to comply with Rule 5250(c)(1) could result in the delisting of Avid’s shares from the NASDAQ Global Select Market.

Avid said the notification was expected, and that the notice “has no immediate effect on the listing of its stock” on the NASDAQ market.

In February 2013, Avid announced that it would delay the release of its Q4 and full-year 2012 results in order “to provide additional time for the company to evaluate its current and historical accounting treatment related to bug fixes, upgrades and enhancements to certain products which the company has provided to certain customers.”  The announcement was made about two weeks after Avid said it had named Louis Hernandez to replace Gary Greenfield as the company’s president and CEO.

The company has now revealed that it has been conducting a forensic accounting process, the primary focus of which has been to determine whether certain software updates that were previously classified as “bug fixes” actually meet the definition of post-contract customer support under the rules of US GAAP.  Avid has not disclosed the size and scope of these charges, but it appears that if the company is successful in its efforts, it will be able to re-classify these costs and any associated revenue as customer support.

Avid says it is “working diligently to complete the review and continues to focus its efforts on completing the Form 10-K filing as soon as possible,” and that it intends to submit a plan to NASDAQ staff as to how it intends to regain compliance with continued listing requirements.

Under NASDAQ’s rules, the company has until May 20, 2013 to submit this plan.  If NASDAQ accepts Avid’s plan, the company expects to have up to 180 calendar days from the initial due date for the Form 10-K, or until September 16, 2013, to regain compliance. If Avid’s plan is not accepted, Avid says it will have the opportunity to appeal that decision to a NASDAQ Hearings Panel.

Avid says that during this evaluation, it “plans to continue to invest in its product innovation and execute on its growth strategy. The company has no debt and ample cash to support it in these efforts and believes it is well positioned to support its customers’ ongoing success.”

Despite its financial woes over the past few years, our research shows that Avid continues to enjoy a strong brand reputation and customer loyalty.  With new management in place and the 2013 NAB Show just around the corner, it will be interesting to see what strategies the company adopts to meet the needs of its customers and return to profitability.

Avid is not the only broadcast technology vendor to have received a notice of potential delisting from NASDAQ. Chyron received a notice of potential delisting from NASDAQ in November 2012 when its closing share price fell below $1.00 for more than 30 days. In that instance, Chyron’s share rose enough to enable the company to regain compliance with NASDAQ’s listing rules, and the company said the matter was closed.  In March 2013 Chyron received another notice of potential delisting from NASDAQ for failure to comply with NASDAQ Listing Rule 5450(b)(1)(A),which requires companies listed on the NASDAQ Global Market to maintain a minimum of $10,000,000 in stockholders’ equity.

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Related Content:

Press Release: Avid Announces Receipt of Anticipated NASDAQ Letter

Avid Delays Release of Q4 and Full Year 2012 Results, Shares Fall

Greenfield Out as Avid CEO, Replaced by Louis Hernandez

Avid SEC Filings Disclose Details of Greenfield’s Separation Agreement and New CEO Contract

Avid Warns of Lower Than Expected Revenue and Profit in Q3 2012

Chyron Receives Another Delisting Notice From NASDAQ

Rising Share Price Helps Chyron Avoid NASDAQ Delisting

Chyron Receives Notice of Potential Delisting From NASDAQ

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© Devoncroft Partners. All Rights Reserved.

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Avid Delays Release of Q4 and Full Year 2012 Results, Shares Fall

Broadcast technology vendor financials, Quarterly Results | Posted by Joe Zaller
Feb 25 2013

Avid today announced that it is postponing the release of its Q4 and full year 2012 financial results and conference call in order “to provide additional time for the company to evaluate its current and historical accounting treatment related to bug fixes, upgrades and enhancements to certain products which the company has provided to certain customers.”

Avid was originally scheduled to issue its results on Tuesday February 26, 2013.

The company said that the need to evaluate the accounting treatment arose during its normal review of its financial results for the fourth quarter and full year 2012, and that it is “working diligently to complete its evaluation, but is currently unable to estimate when the evaluation will be completed.”

Investors did not like the news, and sent the company’s shares down more than 11 percent following the announcement.

The news comes two weeks after Avid said it had named Louis Hernandez to replace Gary Greenfield as the company’s president and CEO.

At that time, Hernandez said “It is an exciting opportunity to lead Avid at this very important juncture in the company’s history. The company is well positioned for growth and global expansion in this fast-moving marketplace. It is exciting to be working with the Avid team, as we drive results and value for our customers, employees, and shareholders.”

Avid is one of the most storied names in the broadcast industry and the company has been at the forefront of technological innovation for 25 years.  However, the company has struggled to achieve profitability over the past several years and has gone through multiple rounds of layoffs.

Today’s announcement is not the first time the company in recent memory that Avid has made pre-announcements about its quarterly results. Last year, the company issued a profit warning prior to the release of its results for the first quarter of 2012, and then subsequently sold off its consumer audio and video businesses, which contributed $91m in revenue, for approximately $19m.

Avid issued a second profit warning prior to the release of its results for the third quarter of 2012, when it posted a loss of $17.4m after its revenue dropped 23 percent versus the previous year and 19% versus the previous quarter.

Despite its financial woes over the past few years, our research shows that Avid continues to enjoy a strong brand reputation and customer loyalty.  With new management in place and the 2013 NAB Show just around the corner, it will be interesting to see what strategies the company adopts to meet the needs of its customers and return to profitability.

 

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Related Content:

Press Release: Avid Postpones its Fourth Quarter Earnings Release

Greenfield Out as Avid CEO, Replaced by Louis Hernandez

Avid SEC Filings Disclose Details of Greenfield’s Separation Agreement and New CEO Contract

Avid Warns of Lower Than Expected Revenue and Profit in Q3 2012

Avid Pre-Announces Nine Percent Revenue Decline in Q1 2012 Due to Lower Sales in Consumer Segment

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Avid SEC Filings Disclose Details of Greenfield’s Separation Agreement and New CEO Contract

SEC Filings | Posted by Joe Zaller
Feb 13 2013

Following the announcement that Gary Greenfield has been replaced CEO of Avid by Louis Hernandez, the company published filings securities with securities regulators that provides details of the separation agreement with former CEO Gary Greenfield, the employment contract with new CEO Louis Hernandez, and the stock options granted to Hernandez.

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Related Content:

Greenfield Out as Avid CEO, Replaced by Louis Hernandez

Avid SEC filing: Gary Greenfield Separation Agreement

Avid SEC Filing: Louis Hernandez Employment Contract

Avid SEC Filing: Louis Hernandez Stock Options

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Greenfield Out as Avid CEO, Replaced by Louis Hernandez

Broadcast technology vendor financials, SEC Filings | Posted by Joe Zaller
Feb 11 2013

Avid announced that Gary Greenfield, the company’s Chairman of the Board, CEO, and President, has been replaced by Louis Hernandez.

Hernandez, who has been a director of Avid since 2008, was most recently Chairman and CEO of Open Solutions, Inc., a technology provider to financial institutions worldwide, which was acquired in January 2013 by Fiserv for $55m in cash and the assumption of $960m in debt.

As part of the changes, Avid has split Greenfield’s role among two people.  Hernandez will assume the role of CEO, and President, and George Billings who is currently a director of the company has assumed the position of Chairman.

Greenfield will continue to serve as a member of Avid’s Board of Directors.

According to an 8-K filing with the SEC, Greenfield, who received total compensation of $4.8 million as of fiscal 2011, has entered into a separation agreement with the Avid whereby in exchange for release of claims against the company he will receive “payment of his accrued benefits, salary continuation for twelve months in the aggregate amount of $1,014,000, a payment in respect of annual bonus of $1,123,200, payment in respect of COBRA premiums, outplacement services and thirteen months additional vesting on his outstanding time-vesting equity awards.”

Avid also said it has entered into a 5-year contract with Hernandez that includes an annual base salary of $650,000, an annual incentive bonus target equal to 100% of annual base salary, and a long term equity award consisting of time vesting stock options and restricted stock unit awards and performance vesting options.  As part of this contract, Hernandez received 100,000 time vesting options and 100,000 time vesting restricted stock unit awards, as well as 625,000 performance vesting options.

“It is an exciting opportunity to lead Avid at this very important juncture in the company’s history,” said Hernandez. “As the industry leader for more than 25 years, Avid continues to set the standard for non-linear-editing, media management, and collaboration in the audio, video, and broadcast markets. The company is well positioned for growth and global expansion in this fast-moving marketplace. It is exciting to be working with the Avid team, as we drive results and value for our customers, employees, and shareholders.”

Avid is one of the most storied names in the broadcast industry and the company has been at the forefront of technological innovation for 25 years.

However, the company has struggled to achieve profitability over the past several years and has gone through multiple rounds of layoffs.  Last year, Avid sold off its consumer audio and video businesses, which contributed $91m in revenue, for approximately $19m.  Most recently Avid posted a loss of $17.4m for the third quarter of 2012 as its revenue dropped 23 percent.

It will be interesting to see what changes will be made at the company under the new management structure.

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Related Content:

Avid 8-K Filing: Resignation of Mr. Greenfield; Appointment of Mr. Hernandez

Business Week: Gary Greenfield, Executive Profile

PE HUB: Fiserv Buys Open Solutions

Avid Divests Consumer Business, Announces 20 Percent Staff Reduction

Avid Posts $17.4 Million Loss in Q3 2012 as Revenue Drops 23 Percent

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