- Current report filing (8-K)
29 January 2010 - 12:07AM
Edgar (US Regulatory)
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UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
WASHINGTON,
DC 20549
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FORM
8-K
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CURRENT
REPORT PURSUANT
TO
SECTION 13 OR 15(D) OF THE
SECURITIES
EXCHANGE ACT OF 1934
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Date
of report (Date of earliest event reported):
January 28,
2010
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ACXIOM
CORPORATION
(Exact
Name of Registrant as Specified in Its Charter)
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DELAWARE
(State
or Other Jurisdiction of Incorporation)
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0-13163
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71-0581897
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(Commission
File Number)
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(IRS
Employer Identification No.)
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601
E. Third St., Little Rock, Arkansas
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72201
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(Address
of Principal Executive Offices)
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(Zip
Code)
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501-342-1000
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(Registrant’s
Telephone Number, Including Area Code)
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Not
Applicable
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(Former
Name or Former Address, if Changed Since Last
Report)
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Check the appropriate box below
if the Form 8-K filing is intended to simultaneously satisfy the filing
obligation of the registrant under any of the following provisions (
see
General Instruction
A.2. below):
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o
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Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
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o
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Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
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o
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Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
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o
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Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
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Item
2.02 Results
of Operations and Financial Condition.
On
January 28, 2010, Acxiom Corporation (the “Company”) issued a press release
announcing the results of its financial performance for the third quarter of
fiscal year 2010. The Company will hold a conference call at 10:00
a.m. CST today to discuss this information further. Interested
parties are invited to listen to the call, which will be broadcast via the
Internet at www.acxiom.com. The press release is furnished herewith
as Exhibit 99.1 and incorporated by reference herein.
The
Company’s press release and other communications from time to time include
certain non-GAAP financial measures. A “non-GAAP financial measure”
is defined as a numerical measure of a company’s financial performance,
financial position or cash flows that excludes (or includes) amounts that are
included in (or excluded from) the most directly comparable measure calculated
and presented in accordance with GAAP in the Company’s financial
statements.
The
attached press release utilizes a non-GAAP measure of free cash flow available
to equity. Free cash flow available to equity is defined as operating
cash flow less cash used by investing activities (excluding the impact of cash
paid in acquisitions), less required payments of debt. The Company’s
management believes that this measure of free cash flow available to equity is
superior to the previously reported free cash flow, since it represents the
amount of money available for the Company’s discretionary spending after funding
all required obligations including scheduled debt payments, and it therefore
provides a useful measure of liquidity for assessing the amount of cash
available for general corporate and strategic purposes. Free cash
flow available to equity is reconciled to operating cash flow, the nearest
comparable GAAP measure, in a schedule to the press release.
The
attached press release also includes measures of diluted earnings per share
before excluded items and income from operations before excluded items for both
the quarter and nine months ended December 31, 2008. These measures
are presented on a non-GAAP basis by excluding the impact of unusual
items. Management believes these are meaningful measures since the
unusual items are not relevant for a comparison to the Company’s operations in
the current quarter and year-to-date periods. These non-GAAP measures
are reconciled to the comparable GAAP earnings measure within the body of the
press release.
The
attached press release also includes a measure of revenue excluding pass-through
revenue from an Information Products contract for the quarter and nine months
ended December 31, 2008. The contract has been modified such that
pass-through revenue is no longer recognized for the
contract. Management believes this is a meaningful measure for
comparison to revenue for the current year since revenue for the current year
does not include pass-through revenue. The non-GAAP measure of
revenue is reconciled to GAAP revenue within the body of the press
release.
The
non-GAAP financial measures used by the Company in the attached press release
may not be comparable to similarly titled measures used by other companies and
should not be considered in isolation or as a substitute for measures of
performance or liquidity prepared in accordance with GAAP.
Item
9.01 Financial
Statements and Exhibits
(c) Exhibits
The
following exhibits are furnished herewith:
Exhibit
Number
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Description
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99.1
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Press
Release of the Company dated January 28, 2010 announcing third quarter
earnings for fiscal year 2010.
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SIGNATURE
Pursuant
to the requirements of the Securities Exchange Act of 1934, the registrant has
duly caused this report to be signed on its behalf by the undersigned hereunto
duly authorized.
Dated: January
28, 2010
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ACXIOM
CORPORATION
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By:
/s/ Jerry C. Jones
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Name: Jerry
C. Jones
Title: Chief
Legal Officer & Sr. Vice
President
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EXHIBIT
INDEX
Exhibit
Number
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Description
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99.1
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Press
Release of the Company dated January 28, 2010 announcing third quarter
earnings for fiscal year 2010.
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