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Technology Stocks : Information Architects (IARC): E-Commerce & EIP -- Ignore unavailable to you. Want to Upgrade?


To: Jeffrey S. Mitchell who wrote (5606)4/10/1998 12:31:00 AM
From: Runner  Read Replies (1) | Respond to of 10786
 
I bet it took me longer to read it than you to type it. <gg>

Jeff, I thought I would see your name in there, you know, anyone who owns 5% or more of the company! Whee!

P.S. I guess Tech did disappear. Banned for life?



To: Jeffrey S. Mitchell who wrote (5606)4/10/1998 5:30:00 AM
From: JDN  Read Replies (1) | Respond to of 10786
 
Dear Jeffrey: With Easter approaching, I hope that you dont intend to post the ENTIRE New Testament. (gg) JDN



To: Jeffrey S. Mitchell who wrote (5606)4/10/1998 7:29:00 PM
From: Pancho Villa  Respond to of 10786
 
JSM: Quick pass at ALYD's 10K: Contract for services. it was nice
to see ALYD disclose their service contract from in the 10K

The following are extremelly favorable terms to ALYD. I find it
surprissing people are signing up but they are! I would not sign
such contract but there are people out there who are willing to sign
on the dotted line! key highlights of portions extremely favorable
to ALYD:

1.0 SCOPE: This document describes the remediation Services Alydaar will provide
for Company using the windowing technique in order to attempt to render the
Company's Software Year 2000 compliant. Except as set forth in any Work Order,
Remediation Services do not include remediation of production JCL, programming
of external date routines for data ordering, database analysis and conversion
activity or bridging for date variables associated with database calls. In
addition, this document contains the packaging responsibilities for the
Company's Software.

").
2.2 Compiler Requirements. Company shall forward the written or
electronic results of its compilation, including the compiler settings,
of the Company's Software to Alydaar at the time Company sends the
Company's Software to Alydaar for Services. If the Company fails to
forward the written results of the compilation and settings, Alydaar
will perform the compilation and forward Alydaar's compilation results
and settings in writing to the Company for confirmation ("Compilation
Notice"). If the Company fails to confirm their agreement with
Alydaar's compilation results and settings in writing to Alydaar within
ten (10) days of the Compilation Notice: (a) Alydaar will perform the
Services on the Company's Software and in relation to Remediation
Services, return the Company's Software to Company compiled as set
forth in the Compilation Notice; (b) Company hereby waives any claim
that Alydaar did not perform the Service correctly as a result of
Alydaar's compilation of the Company's Software; and (c) Company
acknowledges that Alydaar shall have no liability for failures related
to Alydaar's compilation of the Company's Software.

6. DELIVERY, TESTING AND WAIVER. This Section 6 shall only apply in relation to
Remediation Services provided by Alydaar. Alydaar will deliver the Company's
Software to Company in accordance with the schedule and other requirements set
forth in the applicable Work Order. Following receipt of the Company's
Software, the Company shall have thirty (30) days ("Test Period") (a) to verify
that the Company's Software performs materially in accordance with all
specifications set forth in the applicable Work Order, and (b) to notify
Alydaar in writing of any failure to perform materially in accordance with su
specifications (such failure being referred to herein as a "Non-Compliance").
Upon Alydaar's timely receipt of a notice of Non-Compliance, Alydaar shall work
diligently to correct such Non-Compliance at no charge to the Company, provided
that Company did not cause such Non-Compliance. In the event Alydaar has
received a notice of NonCompliance before the end of the Test Period, the Test
Period shall continue on a day-by- day basis until each item of Non-Compliance
has been corrected by Alydaar and Company has had the longer of the remainder
of the Test Period, fourteen (14) days or some other mutually agreeable time
period to test such corrected item of Non-Compliance so noted. Should the
Company not provide Alydaar with written notice of NonCompliance during the
Test Period or within the time frames set forth above for corrected
Non-Compliance, the Test Period shall be deemed to be completed and the Company
shall be barred from asserting any claim or defense of any nature against
Alydaar, including but not limited to claims for reimbursement of payments made
by the Company and defenses to a claim by Alydaar for payments due from the
Company.

EXHIBIT C FEES AND PAYMENTS
1. Remediation Services. The fees and payments set forth in this Section are for
the Remediation Services. A "Line of Code" is defined as a segment of
non-comment code delineated by carriage returns (blank lines and comments are
not counted for inventory or pricing purposes). The payment schedule for such
remediated Company Software shall be as follows:
Sixtypercent (60%) of the total billable amount for remediating a Logical
Working Unit ("LWU") of Company's Software is due upon Alydaar's receipt of
such LWU.
Thirty percent (30%) of the total billable amount for remediating a LWU is due
upon delivery of the remediated LWU to Company.
Ten percent (10%) of the total billable amount for remediating a LWU is due
upon the earlier of: (a) the end of the Test Period in accordance with
Section 6 of the Agreement for such LWU; or (b) thirty (30) days following
delivery of the remediated LWU to Company.
PRICING TO BE DETERMINED
2. Audit Services: The fees and payment set forth in this Section are for the
Audit Services. The fees for Audit Services are based on the Lines of Code
received by Alydaar and invoiced 80% upon delivery of the Company's Software to
Alydaar and 20% upon return of the Final Audit Report to Company.

Pancho



To: Jeffrey S. Mitchell who wrote (5606)4/10/1998 7:43:00 PM
From: Pancho Villa  Read Replies (2) | Respond to of 10786
 
ALYD 10K: revenue recognition. If I were long, the following change
in accounting for revenues would raise a red flag:

e. Revenue recognition
During 1997, the Company reported revenues from contracts on the
percentage-of- completion method for financial reporting purposes, in accordance
with The American Institute of Certified Public Accountants Statement of
Position (SOP) 97-2, "Software Revenue Recognition". Revenues under these
contracts are recognized based on the proportion of contract costs incurred to
total estimated contract costs. Contract costs include all direct labor related
to contract performance. Provisions for estimated losses on uncompleted
contracts are made in the period in which such losses are determined.
Prior to January 1, 1997, the Company used the accrual method of
accounting, wherein revenue was recognized when the contract tasks were
completed and accepted by the customers.
This change had no effect on prior years, and accordingly, pro forma
results for prior years are not applicable.

I would be more comfortable with the former method.

The Balance sheet shows a significant increase in accounts
receivables. is this a result of a significant portion of the
contracts becoming effective in the last quarter of 97?

ALYDAAR SOFTWARE CORPORATION AND SUBSIDIARY
CONSOLIDATED BALANCE SHEETS<CAPTION>
December 31,
ASSETS 1997 1996
------ -------------- ---------
<S> <C> <C> <C> <C> <C> <C>CURRENT ASSETS:
Cash $ 1,526,924 $ 379,382
Accounts receivable, net allowance for doubtful
accounts of $115,000 and $0, respectively 5,150,617 187,500
Costs and estimated earnings in
excess of billings 1,297,986 -
Prepaid expenses 249,801 6,903
Other receivable (Note 3) 435,000 490,000
Deferred tax asset (Note 11) 600,000 -
Loan to stockholder 51,256 51,256
-------------- -------------
Total current assets 9,311,584 1,115,041
PROPERTY AND EQUIPMENT, net (Note 4) 2,919,077 1,694,029
GOODWILL, net of accumulated amortization
of $223,800 (Note 2) 6,494,783 -
OTHER ASSETS 141,030 60,222
-------------- -------------
$ 18,866,474 $ 2,869,292
============== =============
LIABILITIES AND STOCKHOLDERS' EQUITYCURRENT LIABILITIES:
Accounts payable $ 1,005,923 $ 2,028,566
Accrued sales commissions 205,000 -
Accrued payroll 145,000 17,400
Other current liabilities 451,638 138,469
Billings in excess of costs and estimated
earnings on contracts in progress 49,497 150,000
Current portion of capital lease obligations 21,869 -
Loans payable, stockholders (Note 5) 966,700 507,530
-------------- -------------
Total current liabilities 2,845,627 2,841,965
-------------- -------------
CAPITAL LEASE OBLIGATION 101,230 -
-------------- ------------
COMMITMENTS AND CONTINGENCIES (Note 9)STOCKHOLDERS' EQUITY: (Notes 2, 5 and 6)
Common stock, $0.001 par value, 20,000,000 shares
authorized; 17,808,728 and 13,983,282 shares issued 17,809 13,983
Additional paid-in capital 30,113,284 6,311,079
Deficit (14,094,107) (6,296,940)
Foreign currency translation adjustment (26,924) -
-------------- ------------
16,010,062 28,122
Less: treasury stock, at cost (445) (795)
receivable from warrant exercise (90,000) -
-------------- ------------
Total stockholders' equity 15,919,617 27,327
-------------- -------------
$ 18,866,474 $ 2,869,292
============== =============
</TABLE>

From the tight payment schedule shown in their contract (see my
previous post). They should have been capable of getting quite a bit
more cash from their clients. This is not what the statement of
cash flows indicates. cash flows are extremelly poor. Hopefully they will show a significant improvement in Q1 98.

-
1997 1996 1995
---------------- -------------- --------
<S> <C> <C> <C> <C> <C> <C>
CASH FLOWS FROM OPERATING ACTIVITIES:
Net loss $ (7,797,167 $ (5,132,845 $ (580,148)
---------------- -------------- -------------
Adjustments to reconcile net loss to net cash
used in operating activities:
Stock based compensation 330,500 252,810 -
Allowance for doubtful accounts 115,000 - -
Depreciation and amortization 837,897 349,655 23,203
Deferred tax benefit (600,000) - -
(Increase) decrease in assets:
Accounts receivable (4,963,962) (37,500) 91,650
Costs and estimated earnings
in excess of billings (1,297,986) - -
Prepaid expenses (66,719) (2,760) (4,143)
(Increase) decrease in liabilities:
Accounts payable (1,202,354) 1,986,654 19,161
Accrued sales commissions 205,000 - -
Accrued payroll 127,600 7,702 4,557
Other current liabilities 191,494 (59,274) 176,254
Billings in excess of costs
and estimated earnings (170,495) - -
---------------- -------------- -----------
Total adjustments (6,494,025) 2,497,287 310,682
---------------- -------------- ------------
Net cash used in operating activities (14,291,192) (2,635,558) (269,466)
---------------- -------------- ------------
CASH FLOWS FROM INVESTING ACTIVITIES:
Purchase of equipment (1,664,080) (1,988,666) (33,821)
Increase in other assets (80,808) (52,516) (4,896)
Net cash received from acquisition of subsidiary 1,450 - -
Decrease in other receivables 55,000 - -
Loans receivable (300,000) - -
---------------- -------------- -----------
Net cash used in investing activities (1,988,438) (2,041,182) (38,717)
---------------- -------------- ------------
CASH FLOWS FROM FINANCING ACTIVITIES:
Proceeds from issuances of stock 16,985,201 4,537,500 353,380
Advances to stockholders - (10,183) (40,893)
Loans from stockholders 1,363,150 503,370 -
Repayments of stockholders' loans (900,000) - (20)
Repayments of capital lease obligations (21,179) - -
---------------- -------------- -----------
Net cash provided by financing activities 17,427,172 5,030,687 312,467
---------------- -------------- ------------
NET INCREASE IN CASH 1,147,542 353,947 4,284
CASH AND CASH EQUIVALENTS,
beginning of year 379,382 25,435 21,151
---------------- -------------- ------------
CASH AND CASH EQUIVALENTS, end of year $ 1,526,924 $ 379,382 $ 25,435
================ ============== ============

Pancho

More later have to go have dinner now.