ERII Energy Recovery Inc

Energy Recovery, Inc. (Nasdaq:ERII), a global leading provider of ultra efficient energy recovery products and technology for seawater desalination, announced today the results of its third quarter ended September 30, 2008. In the third quarter of 2008, ERI achieved net revenue of $9.0 million, exceeding the Company�s guidance of $6.8 million to $7.2 million. Year to date 2008 net revenue was $30.1 million, which represented an increase of 40% over net revenue of $21.6 million for the nine months ended September 30, 2007. ERI reported net income of $623 thousand, or $0.01 per diluted share, for the three months ended September 30, 2008 compared to $2.4 million, or $0.06 per diluted share, for the same period last year. Year to date net income was $3.4 million, or $0.07 per diluted share, compared to $3.1 million, or $0.08 per diluted share, for the same period last year. In July 2008, ERI sold an aggregate of 16,100,000 shares of its common stock in its initial public offering (�IPO�) at $8.50 per share, including the underwriters� over-allotment option. Of the shares sold in the offering, 10,178,566 shares were sold by the Company and 5,921,434 shares were sold by selling stockholders. ERI received net proceeds of approximately $76.8 million from the IPO, after deducting underwriting discounts and commissions and direct expenses. The financial effect of the IPO is reflected in the Company�s third quarter financial results. �We exceeded our sales forecast in the third quarter due to stronger than expected demand from our OEM customer group whose projects are under 50,000 cubic meters per day,� said GG Pique, President and CEO of Energy Recovery, Inc. �We continue to see strong demand among both our large EPC customers as well as our OEM customers as reflected in our fourth quarter guidance. Our fourth quarter alone is expected to exceed our total annual revenue in 2006.� ERI provides the following guidance for the fourth quarter of 2008 and the full year (in thousands, except per share data): � Q4 2008 � Full Year 2008 � Estimated net revenue $20.0 to $22.0 million $50.0 to $52.0 million � Estimated net income $3.4 to $4.1 million $6.8 to 7.5 million � Estimated earnings per diluted share $0.07 to $0.08 $0.14 to $0.16 Forward Looking Statements This press release includes �forward-looking statements" within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. Such forward-looking statements include statements regarding the Company�s ability to achieve certain levels of revenue and earnings in the fourth quarter and full year for 2008, the Company�s ability to successfully implement its strategic initiatives and the Company�s position in the desalination industry. Because such forward-looking statements involve risks and uncertainties, the Company's actual results may differ materially from those projected in such forward-looking statements. Factors that could cause actual results to differ materially include, but are not limited to, cyclical nature of sea water reverse osmosis plants, delays or postponements in the construction of desalination plants, the ability of our customer to obtain financing for the construction of their plants, the ability of our customers to obtain other key components of a plant, delays in governmental approvals, changes in customers� budgets for desalination plans and the timing of their purchasing decision, interruption in the supply of key production components such as ceramic parts, shipping delays, and other risks detailed in the Company's filings with the Securities and Exchange Commission (�SEC�). All forward-looking statements are made as of today, and the Company assumes no obligation to update such statements. For more details relating to the risks and uncertainties that could cause actual results to differ materially from those anticipated in our forward-looking statements, please refer to the Company's SEC filings. Conference Call to Discuss Third Quarter 2008 Results The conference call scheduled today at 1:30 p.m. PDT will be in a "listen-only" mode for all participants other than the investment professionals who regularly follow the Company. The toll-free phone number for the call is 800-951-9235 or 706-758-9752 and the access code is 68565515. Callers should dial in approximately 15 minutes prior to the scheduled start time. A telephonic replay will be available at 800-642-1687 or 706-645-9291, Access Code: 68565515, from 5:30 p.m. PDT on Tuesday, November 11, 2008 to 8:59 p.m. PDT on Tuesday, November 24, 2008. Investors may also access the live call or the replay over the internet at www.streetevents.com; www.earnings.com and www.energyrecovery.com. The replay will be available approximately three hours after the live call concludes. About ERI� Energy Recovery, Inc. (ERI) is a leading manufacturer of energy recovery devices, which significantly reduce energy consumption and help make desalination affordable. ERI�s PX Pressure Exchanger� technology (PX�) is a rotary positive displacement pump that recovers energy from the high pressure reject stream of seawater reverse osmosis systems at up to 98% efficiency with no downtime or scheduled maintenance. The Company has research, development and manufacturing facilities in San Leandro, California as well as direct sales offices and technical support centers in key desalination hubs such as Madrid, UAE, Shanghai and Florida. ERI service representatives are based in Algeria, Australia, China, India, Korea, Mexico, Taiwan and the Caribbean. For more information on ERI and PX technology, please visit www.energyrecovery.com. ENERGY RECOVERY, INC. CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS (in thousands, except per share data) (unaudited) � � � � Three Months Ended Nine Months Ended September 30, September 30, � 2008 � � 2007 � � 2008 � � 2007 � Net revenue $ 9,044 $ 10,978 $ 30,125 $ 21,569 Cost of revenue (1) � 3,497 � � 4,096 � � 11,122 � � 8,524 � Gross profit 5,547 6,882 19,003 13,045 Operating expenses: Sales and marketing (1) 1,467 1,372 4,263 3,787 General and administrative (1) 2,696 1,053 8,211 2,786 Research and development (1) � 678 � � 392 � � 1,723 � � 1,221 � Total operating expenses � 4,841 � � 2,817 � � 14,197 � � 7,794 � Income from operations 706 4,065 4,806 5,251 Other income (expense): Interest expense (17 ) (17 ) (62 ) (42 ) Interest and other income � 217 � � 85 � � 841 � � 121 � Income before provision for income taxes 906 4,133 5,585 5,330 Provision for income taxes � 283 � � 1,736 � � 2,186 � � 2,238 � Net income $ 623 � $ 2,397 � $ 3,399 � $ 3,092 � Earnings per share: Basic $ 0.01 � $ 0.06 � $ 0.08 � $ 0.08 � Diluted $ 0.01 � $ 0.06 � $ 0.07 � $ 0.08 � Number of shares used in per share calculations: Basic � 49,646 � � 39,631 � � 43,114 � � 38,821 � Diluted � 52,396 � � 42,080 � � 45,647 � � 41,192 � � � (1) Includes stock-based compensation expense as follows: � Three Months Ended Nine Months Ended September 30, September 30, � 2008 � � 2007 � � 2008 � � 2007 � Cost of revenue $ 34 $ 30 $ 65 $ 80 Sales and marketing 122 95 224 263 General and administrative 149 92 290 280 Research and development � 52 � � 38 � � 97 � � 108 � Total stock-based compensation $ 357 � $ 255 � $ 676 � $ 731 � ENERGY RECOVERY, INC. CONDENSED CONSOLIDATED BALANCE SHEETS (in thousands, except share data) (unaudited) � � September 30, December 31, � 2008 � � 2007 � ASSETS Current assets: Cash and cash equivalents $ 79,821 $ 240 Restricted cash - 366 Accounts receivable, net of allowance for doubtful accounts of $76 and $121 at September 30, 2008 and December 31, 2007, respectively 13,333 12,849 Unbilled receivables, current 3,576 1,733 Notes receivable from stockholders - 20 Inventories 9,779 4,791 Deferred tax assets, net 1,052 1,052 Prepaid expenses and other current assets � 3,060 � � 369 � Total current assets 110,621 21,420 Unbilled receivables, non-current 119 2,457 Restricted cash, non-current - 1,221 Property and equipment, net 1,694 1,671 Intangible assets, net 323 345 Deferred tax assets, non-current, net 148 148 Other assets, non-current � 51 � � 42 � Total assets $ 112,956 � $ 27,304 � LIABILITIES AND STOCKHOLDERS' EQUITY Current liabilities: Accounts payable $ 2,090 $ 1,697 Accrued expenses and other current liabilities 4,613 1,868 Liability for early exercise of stock options - 20 Income taxes payable 540 1,154 Accrued warranty reserve 248 868 Deferred revenue 594 488 Customer deposits 2,739 318 Current portion of long-term debt 172 172 Current portion of capital lease obligations � 36 � � 38 � Total current liabilities 11,032 6,623 Long-term debt 428 557 Capital lease obligations, non-current � 36 � � 63 � Total liabilities � 11,496 � � 7,243 � Commitments and contingencies Stockholders' equity Preferred stock, $0.001 par value; 10,000,000 shares authorized; no shares issued or outstanding - - Common stock, $0.001 par value; 200,000,000 shares authorized; 50,008,118 and 39,777,446 shares issued and outstanding at September 30, 2008 and December 31, 2007, respectively 50 40 Additional paid-in capital 98,250 20,762 Notes receivable from stockholders (307 ) (835 ) Accumulated other comprehensive loss (31 ) (5 ) Retained earnings � 3,498 � � 99 � Total stockholders' equity � 101,460 � � 20,061 � Total liabilities and stockholders' equity $ 112,956 � $ 27,304 � ENERGY RECOVERY, INC. CONDENSED CONSOLIDATED STATEMENTS OF CASH FLOWS (in thousands) (unaudited) � � Nine Months Ended September 30, � 2008 � � 2007 � Cash Flows From Operating Activities Net income $ 3,399 $ 3,092 Adjustments to reconcile net income to net cash from operating activities: Depreciation and amortization 378 222 Interest accrued on notes receivables from stockholders (12 ) (23 ) Stock-based compensation 676 731 Gain on foreign currency transactions (383 ) - Provision for doubtful accounts 6 (13 ) Provision for warranty claims (531 ) 31 Provision for excess or obsolete inventory 29 - Changes in operating assets and liabilities: Accounts receivable (107 ) 883 Unbilled receivables 495 (3,396 ) Inventories (5,017 ) (2,439 ) Prepaid and other assets (2,700 ) (105 ) Accounts payable 393 451 Accrued expenses and other liabilities 2,653 118 Income taxes payable (614 ) 142 Deferred revenue 106 237 Customer deposits � 2,421 � � 52 � Net cash provided by (used in) operating activities � 1,192 � � (17 ) Cash Flows From Investing Activities Capital expenditures (376 ) (884 ) Restricted cash 1,587 (33 ) Other � (1 ) � (45 ) Net cash provided by (used in) investing activities � 1,210 � � (962 ) Cash Flows From Financing Activities Proceeds from long-term debt - 639 Repayment of long-term debt (129 ) (44 ) Repayments of revolving note, net - (438 ) Repayment of capital lease obligation (28 ) (30 ) Net proceeds from issuance of common stock 76,808 5,119 Repayment of notes receivables from stockholders 560 23 Other short term financing activities � (6 ) � (129 ) Net cash provided by (used in) financing activities � 77,205 � � 5,140 � Effect of exchange rate differences on cash and cash equivalents � (26 ) � 3 � Net change in cash and cash equivalents 79,581 4,164 Cash and cash equivalents, beginning of period � 240 � � 42 � Cash and cash equivalents, end of period $ 79,821 � $ 4,206 � Supplemental disclosure of cash flow information Cash paid for interest $ 60 � $ 39 � Cash paid for income taxes $ 4,706 � $ 2,120 � Supplemental disclosure of non-cash transactions Issuance of common stock in exchange for notes receivable from stockholders $ 20 � $ 6 �