• Achieves Highest Revenue, Lowest Net Loss and Highest Adjusted EBITDA in Company History in Fourth Quarter

EDEN PRAIRIE, Minn.--(BUSINESS WIRE)-- KLDiscovery Inc. (“KLDiscovery” or the “Company”), a leading global provider of electronic discovery, information governance and data recovery technology solutions, announced today that revenue for the fourth quarter ended December 31, 2022 was $85.8 million versus $82.3 million in the fourth quarter of 2021. Net loss for the fourth quarter of 2022 was $(5.0) million compared to $(7.3) million in the fourth quarter of 2021.

EBITDA1 for the fourth quarter of 2022 was $18.3 million compared to $13.8 million in the fourth quarter of 2021. Adjusted EBITDA1 (which excludes stock-based compensation, acquisition financing and transaction costs and other items as described below) for the fourth quarter of 2022 was $20.4 million compared to $15.3 million in the fourth quarter of 2021, even including planned investments in research and development and sales and marketing.

“We delivered outstanding financial results in the fourth quarter of 2022, despite the challenging macroeconomic environment,” said Christopher Weiler, CEO of KLDiscovery Inc. “In the fourth quarter of 2022, we achieved our best revenue quarter ever with revenue of $85.8 million and our lowest quarter of net loss, which improved by 32% year-over-year year from $(7.3) million to $(5.0) million. We generated our highest ever quarterly EBITDA1 and Adjusted EBITDA1, both growing 33% year-over-year to $18.3 million and $20.4 million respectively. For the full year of 2022, our revenue was $317.4 million, which was slightly less than $320.5 million in 2021, however, when you consider the headwinds we experienced from a difficult macroenvironment, our revenue results in 2022 were an accomplishment punctuated by a record setting Q4. Additionally, in 2022 we continued our investments in technology and sales and marketing while still delivering impressive financial results.”

Mr. Weiler continued. “We achieved our highest quarter of revenue from our Nebula platform, up 23% over the fourth quarter of 2021, as the number of Nebula clients increased 33% year-over-year and the number of Nebula matters accelerated to 1,175. I am glad to see that our efforts throughout 2022 to seek operating efficiencies are contributing to our strong results. Our world-class customer service to our clients combined with our fully integrated technology offering is paying off as revenue acceleration continues into the beginning of 2023. Our Client Portal continues to receive positive customer feedback as we offer the industry’s only comprehensive dashboard with real time matter and portfolio intelligence.”

2021-2022 Quarterly Results
(in millions)
                 
  2021 (unaudited) 2022 (unaudited)
  Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4
Revenue  

75.5

   

81.7

   

81.1

   

82.3

   

81.9

   

75.2

   

74.5

   

85.8

 
Net loss  

(14.9

)

  

(8.9

)

  

(29.5

)

  

(7.3

)

  

(9.6

)

  

(11.2

)

  

(17.4

)

  

(5.0

)

Net loss per share (basic and diluted) 

$

(0.35

)

 

$

(0.21

)

 

$

(0.69

)

 

$

(0.17

)

 

$

(0.22

)

 

$

(0.26

)

 

$

(0.41

)

 

$

(0.12

)

Weighted average outstanding shares (basic and diluted)  

42.6

   

42.6

   

42.6

   

42.7

   

42.7

   

42.7

   

42.8

   

42.9

 
EBITDA (Non-GAAP)  

15.1

   

13.7

   

14.7

   

13.8

   

11.3

   

9.7

   

5.1

   

18.3

 
Adjusted EBITDA (Non-GAAP)  

15.4

   

17.7

   

16.8

   

15.3

   

14.1

   

12.4

   

11.3

   

20.4

 

1 Non-GAAP measure. See “Non-GAAP Financial Measures” and “Reconciliation of Non-GAAP Financial Measures” below for additional information and a reconciliation to the most directly comparable GAAP measure.

Earnings Conference Call

Management will conduct a conference call at 8:30 AM ET on Thursday, March 16, 2023, to discuss financial results for the fourth quarter and Full-Year financial results for 2022. The audio portion of the conference call will be broadcast live over the Internet in the Investors section of KLDiscovery's website https://investors.kldiscovery.com.

To join the conference call by telephone, please register via the following link: https://conferencingportals.com/event/OpzKpVWo

Once registered, you will receive an email with Direct Entry and Registrant ID along with dial-in details. An audio recording of the conference call will be available for replay shortly after the call's completion and will remain available for two weeks following the call. To access the recorded conference call, please dial (800) 770-2030 (from the U.S. and Canada) or (647) 362-9199 (from all other countries) using access code 55139 or visit the Investors section of the KLD website.

KLDiscovery Inc.
Consolidated Statements of Comprehensive Loss
(in thousands, except share and per share amounts)
         
  

Three Months Ended December 31,

 

Year Ended December 31,

  

2022

 

2021

 

2022

 

2021

  (unaudited) (unaudited)  
         
Revenues 

$

85,799

  

$

82,255

  

$

317,432

  

$

320,477

 
Cost of revenues  

41,726

   

43,797

   

165,454

   

163,958

 
Gross profit  

44,073

   

38,458

   

151,978

   

156,519

 
Operating expenses        
General and administrative  

14,591

   

14,879

   

63,294

   

61,245

 
Research and development  

3,183

   

2,924

   

13,486

   

10,265

 
Sales and marketing  

11,084

   

10,554

   

43,570

   

39,892

 
Impairment of intangible asset  

   

   

   

22,529

 
Depreciation and amortization  

4,844

   

5,227

   

19,593

   

27,863

 
Total operating expenses  

33,702

   

33,584

   

139,943

   

161,794

 
Income (loss) from operations  

10,371

   

4,874

   

12,035

   

(5,275

)

Other expenses        
Other expense  

61

   

15

   

54

   

25

 
Change in fair value of Private Warrants  

(381

)

  

(318

)

  

(1,207

)

  

(1,969

)

Interest expense  

15,123

   

12,818

   

54,650

   

50,402

 
Loss on debt extinguishment  

   

   

   

7,257

 
Loss before income taxes  

(4,432

)

  

(7,641

)

  

(41,462

)

  

(60,990

)

Income tax provision (benefit)  

551

   

(350

)

  

1,712

   

(447

)

Net loss 

$

(4,983

)

 

$

(7,291

)

 

$

(43,174

)

 

$

(60,543

)

Other comprehensive loss, net of tax        
Foreign currency translation  

5,601

   

(906

)

  

(6,938

)

  

(4,465

)

Total other comprehensive loss, net of tax  

5,601

   

(906

)

  

(6,938

)

  

(4,465

)

Comprehensive loss 

$

618

  

$

(8,197

)

 

$

(50,112

)

 

$

(65,008

)

Net loss per share - basic and diluted 

$

(0.12

)

 

$

(0.17

)

 

$

(1.01

)

 

$

(1.42

)

Weighted average shares outstanding - basic and diluted  

42,874,009

   

42,674,794

   

42,709,706

   

42,601,745

 

Set forth below is a reconciliation of EBITDA and Adjusted EBITDA, non-GAAP measures, to net (loss), the most directly comparable GAAP measure. See “Non-GAAP Financial Measures” below for additional information on these measures, including why we believe they are useful to investors and certain limitations thereof.

KLDiscovery Inc.
Reconciliation of Non-GAAP Financial Matters
(In thousands)
(Unaudited)
         
  

Three Months Ended December 31,

 

Year Ended December 31,

  

2022

 

2021

 

2022

 

2021

Net loss 

$

(4,982

)

 

$

(7,291

)

 

$

(43,174

)

 

$

(60,543

)

Interest expense  

15,123

   

12,818

   

54,650

   

50,402

 
Income tax provision (benefit)  

551

   

(350

)

  

1,712

   

(447

)

Extinguishment of debt  

   

   

   

7,257

 
Impairment of intangible asset  

   

   

   

22,529

 
Depreciation and amortization expense  

7,652

   

8,619

   

31,237

   

38,018

 
EBITDA 

$

18,344

  

$

13,796

  

$

44,425

  

$

57,216

 
Acquisition, financing and transaction costs  

190

   

115

   

5,751

   

2,660

 
Stock compensation and other  

1,518

   

1,037

   

5,341

   

4,202

 
Change in fair value of Private Warrants  

(381

)

  

(318

)

  

(1,207

)

  

(1,969

)

Restructuring costs  

513

   

(5

)

  

2,777

   

1,014

 
Systems establishment  

184

   

679

   

1,023

   

2,049

 
Adjusted EBITDA 

$

20,368

  

$

15,304

  

$

58,110

  

$

65,172

 

Note:

  • Acquisition, financing and transaction costs generally represent earn-out payments, rating agency fees and letter of credit and revolving facility fees, as well as professional service fees and direct expenses related to acquisitions and public offerings.
  • Stock compensation and other primarily represent portions of compensation paid to our employees and executives through stock-based instruments.
  • Change in fair value of Private Warrants relates to changes in the fair market value of the Private Warrants issued in conjunction with the December 2019 business combination.
  • Restructuring costs generally represent non-ordinary course costs incurred in connection with a change in a contract or a change in the makeup of our personnel often related to an acquisition, such as severance payments, recruiting fees and retention charges.
  • Systems establishment costs relate to non-ordinary course expenses incurred to develop our IT infrastructure, including system automation and enterprise resource planning system implementation.
KLDiscovery Inc.
Consolidated Balance Sheets
(in thousands, except share and per share data)
     
  December 31, 2022 December 31, 2021
  (unaudited)  
Current assets    
Cash and cash equivalents 

$

32,629

  

$

46,468

 
Accounts receivable, net of allowance    
for doubtful accounts of $5,403 and $9,774, respectively  

95,727

   

93,273

 
Prepaid expenses  

10,726

   

9,669

 
Other current assets  

1,175

   

1,133

 
Total current assets  

140,257

   

150,543

 
Property and equipment    
Computer software and hardware  

71,720

   

73,677

 
Leasehold improvements  

25,869

   

26,796

 
Furniture, fixtures and other equipment  

2,209

   

3,064

 
Accumulated depreciation  

(79,958

)

  

(81,261

)

Property and equipment, net  

19,840

   

22,276

 
Operating lease right of use assets, net  

12,412

   

 
Intangible assets, net  

46,862

   

59,291

 
Goodwill  

391,114

   

395,759

 
Other assets  

8,957

   

8,535

 
Total assets 

$

619,442

  

$

636,404

 
Current liabilities    
Current portion of long-term debt, net 

$

3,000

  

$

3,000

 
Accounts payable and accrued expense  

25,009

   

27,067

 
Operating lease liabilities  

7,850

   

 
Current portion of contingent consideration  

   

646

 
Deferred revenue  

4,536

   

4,800

 
Total current liabilities  

40,395

   

35,513

 
Long-term debt, net  

524,529

   

507,706

 
Deferred tax liabilities  

7,793

   

6,772

 
Long term operating lease liabilities  

10,340

   

 
Other liabilities  

2,694

   

8,559

 
Total liabilities  

585,751

   

558,550

 
Commitments and contingencies    
Stockholders' equity    
Common stock    
$0.0001 par value, 200,000,000 shares authorized, 42,920,136 and 42,684,549 issued and outstanding as of December 31, 2022 and December 31, 2021, respectively  

4

   

4

 
Preferred Stock    
$0.0001 par value, 1,000,000 shares authorized, zero issued and outstanding as of December 31, 2022 and December 31, 2021  

   

 
Additional paid-in capital  

391,977

   

386,028

 
Accumulated deficit  

(359,141

)

  

(315,967

)

Accumulated other comprehensive income  

851

   

7,789

 
Total stockholders' equity  

33,691

   

77,854

 
Total liabilities and stockholders' equity 

$

619,442

  

$

636,404

 
KLDiscovery Inc.
Consolidated Statements of Cash Flows
(in thousands)
    
 Year ended
December 31, 2022
 Year ended
December 31, 2021
 (unaudited)  
Operating activities   
Net loss

$

(43,174

)

 

$

(60,543

)

Adjustments to reconcile net loss to net cash provided by (used in) operating activities:   
Depreciation and amortization 

31,237

   

38,018

 
Paid in kind interest 

19,995

   

19,060

 
Loss on extinguishment of debt 

   

7,257

 
Stock-based compensation 

5,137

   

3,980

 
Provision for losses on accounts receivable 

3,148

   

3,149

 
Deferred income taxes 

771

   

(564

)

Change in fair value of contingent consideration 

21

   

(275

)

Change in fair value of Private Warrants 

(1,207

)

  

(1,969

)

Impairment of intangible asset 

   

22,529

 
Changes in operating assets and liabilities:   
Accounts receivable 

(6,672

)

  

(11,362

)

Prepaid expenses and other assets 

(3,458

)

  

(5,490

)

Accounts payable and accrued expenses 

2,320

   

(4,573

)

Deferred revenue 

(168

)

  

882

 
Net cash provided by operating activities 

7,950

   

10,099

 
Investing activities   
Purchases of property and equipment 

(16,189

)

  

(12,488

)

Net cash used in investing activities 

(16,189

)

  

(12,488

)

Financing activities   
Proceeds for exercise of stock options 

   

38

 
Payments for finance lease obligations 

(1,981

)

  

(2,518

)

Debt issuance costs 

   

(2,031

)

Proceeds long-term debt, net of original issue discount 

   

294,000

 
Retirement of debt 

   

(289,000

)

Payment on long-term debt 

(3,000

)

  

(2,250

)

Net cash used in financing activities 

(4,981

)

  

(1,761

)

Effect of foreign exchange rates 

(619

)

  

(583

)

Net decrease in cash 

(13,839

)

  

(4,733

)

Cash at beginning of period 

46,468

   

51,201

 
Cash at end of period

$

32,629

  

$

46,468

 
Supplemental disclosure:   
Cash paid for interest

$

34,869

  

$

36,073

 
Net income taxes paid (refunded)

$

705

  

$

(244

)

Significant noncash investing and financing activities   
Purchases of property and equipment in accounts payable and accrued expenses on the consolidated balance sheets

$

125

  

$

429

 

About KLDiscovery

KLDiscovery provides technology-enabled services and software to help law firms, corporations, and government agencies solve complex data challenges. With 25 locations across 16 countries, KLDiscovery is a global leader in delivering best-in-class data management, information governance, and eDiscovery solutions to support the litigation, regulatory compliance, and internal investigation needs of clients. Serving organizations for over 30 years, KLDiscovery offers data collection and forensic investigation, early case assessment, data processing, application software and data hosting for web-based document reviews, and managed document review services. In addition, through its global Ontrack data management business, KLDiscovery delivers world-class data recovery, disaster recovery, email extraction and restoration, data destruction, and tape management. KLDiscovery has been recognized as one of the fastest growing companies in North America by both Inc. Magazine (Inc. 5000) and Deloitte (Deloitte's Technology Fast 500), and CEO Chris Weiler was a 2014 Ernst & Young Entrepreneur of the Year™. Additionally, KLDiscovery is a Relativity Certified Partner and maintains ISO/IEC 27001 Certified data centers around the world. Visit www.kldiscovery.com to learn more.

This press release includes “forward looking statements” within the meaning of Section 27A of the Securities Act of 1933, as amended, Section 21E of the Securities Exchange Act of 1934 and the United States Private Securities Litigation Reform Act of 1995. All statements contained in this press release other than statements of historical facts, including, without limitation, statements regarding Nebula and KLDiscovery’s focus and commitment to delivery of world-class customer service, are forward-looking statements. When used in this press release, the words “estimates,” “projected,” “expects,” “anticipates,” “forecasts,” “plans,” “intends,” “believes,” “seeks,” “may,” “will,” “should,” “future,” “propose” and variations of these words or similar expressions (or the negative versions of such words or expressions) are intended to identify forward-looking statements.

These forward-looking statements are not guarantees of future performance, conditions or results, and involve a number of known and unknown risks, uncertainties, assumptions and other important factors, many of which are outside KLDiscovery’s management’s control, that could cause actual results or outcomes to differ materially from those discussed in the forward-looking statements. Important factors, among others, that may affect actual results or outcomes include: KLDiscovery’s potential failure to comply with privacy and information security regulations governing the client datasets it processes and stores; KLDiscovery’s ability to operate in highly competitive markets, and potential adverse effects of this competition; risk of decreased revenues if KLDiscovery does not adapt its pricing models; the ability to attract, motivate and retain qualified employees, including members of KLDiscovery’s senior management team; the ability to maintain a high level of client service and expand operations; potential issues with KLDiscovery’s product offerings that could cause legal exposure, reputational damage and an inability to deliver services; KLDiscovery’s ability to develop and successfully grow revenues from new products such as Nebula, improve existing products and adapt its business model to keep pace with industry trends; risk that KLDiscovery’s products and services fail to interoperate with third-party systems; potential unavailability of third-party technology that KLDiscovery uses in its products and services; potential disruption of KLDiscovery’s products, offerings, website and networks; difficulties resulting from KLDiscovery’s implementation of new consolidated business systems; the ability to deliver products and services following a disaster or business continuity event; disease or similar public health threat, such as COVID-19; potential unauthorized use of our products and technology by third parties and/or data security breaches and other incidents; potential intellectual property infringement claims; the ability to comply with various trade restrictions, such as sanctions and export controls, resulting from KLDiscovery’s international operations; and KLDiscovery’s substantial indebtedness, including the pending maturity and potential acceleration thereof in June 2024. These risks and other factors discussed in the “Risk Factors” section of KLDiscovery’s Annual Report on Form 10-K filed with the Securities Exchange Commission (“SEC”) and any other reports KLDiscovery files with the SEC could cause actual results to differ materially from those expressed or implied by forward-looking statements made by KLDiscovery or on our behalf.

Given these risks and uncertainties, investors should not place undue reliance on forward-looking statements as a prediction of actual results. All statements speak only as of the date made, and unless legally required, KLDiscovery undertakes no obligation to update or revise publicly any forward-looking statements, whether as a result of new information, future events or otherwise.

Non-GAAP Financial Measures

We prepare financial statements in accordance with U.S. GAAP. We also disclose and discuss other non-U.S. GAAP financial measures such as EBITDA and adjusted EBITDA. Our management believes that these measures are relevant and provide useful supplemental information to investors by providing a baseline for evaluating and comparing our operating performance against that of other companies in our industry.

Our management believes EBITDA and Adjusted EBITDA reflect our ongoing operating performance because the isolation of non-cash charges, such as amortization and depreciation, and other items, such as interest, income taxes, equity compensation, acquisition and transaction costs, restructuring costs, systems establishment and costs associated with strategic initiatives which are incurred outside the ordinary course of our business, provides information about our cost structure and helps us to track our operating progress. We encourage investors and potential investors to carefully review our U.S. GAAP financial measures and compare them with our EBITDA and adjusted EBITDA. The non-U.S. GAAP financial measures that we use may not be comparable to similarly titled measures reported by other companies and in the future, we may disclose different non-U.S. GAAP financial measures in order to help our investors meaningfully evaluate and compare our results of operations to our previously reported results of operations or to those of other companies in our industry.

EBITDA and Adjusted EBITDA

We define EBITDA as net income (loss) plus interest (income) expense, income tax expense (benefit), extinguishment of debt, impairment losses, and depreciation and amortization. We view adjusted EBITDA as an operating performance measure and as such, we believe that the most directly comparable U.S. GAAP financial measure is net loss. In calculating adjusted EBITDA, we exclude from net loss certain items that we believe are not reflective of our ongoing business as the exclusion of these items allows us to provide additional analysis of the financial components of the day-to-day operation of our business. We have outlined below the type and scope of these exclusions:

  • Acquisition, financing and transaction costs generally represent earn-out payments, rating agency fees and letter of credit and revolving facility fees, as well as professional service fees and direct expenses related to acquisitions and public offerings. Because we do not acquire businesses or effect financings on a regular or predictable cycle, we do not consider the amount of these costs to be a representative component of the day-to-day operating performance of our business.
  • Stock compensation and other primarily represent portions of compensation paid to our employees and executives through stock-based instruments. Determining the fair value of the stock-based instruments involves a high degree of judgment and estimation and the expenses recorded may not align with the actual value realized upon the future exercise or termination of the related stock-based awards. Additionally, stock compensation is a non-cash expense. Therefore, we believe it is useful to exclude stock-based compensation to better understand the long-term performance of our core business.
  • Change in fair value of Private Warrants relates to changes in the fair market value of the Private Warrants issued in conjunction with the Business Combination. We do not consider the amount to be representative of a component of the day-to-day operating performance of our business.
  • Restructuring costs generally represent non-ordinary course costs incurred in connection with a change in a contract or a change in the makeup of our personnel often related to an acquisition, such as severance payments, recruiting fees and retention charges. We do not consider the amount of restructuring costs to be a representative component of the day-to-day operating performance of our business.
  • Systems establishment costs relate to non-ordinary course expenses incurred to develop our IT infrastructure, including system automation and enterprise resource planning system implementation. We do not consider the amount to be representative of a component of the day-to-day operating performance of our business.

 

Contacts

Investor Contact:
Dawn Wilson
(703) 520-1498
dawn.wilson@kldiscovery.com

Media Contact:
Krystina Jones
(888) 811-3789
krystina.jones@kldiscovery.com


Source: KLDiscovery Inc.