# NVE Corp: Form 10-Q for the period ended Jun 30, 2010

- Company: [NVE Corp](/companies/nvec.md) (CIK 724910)
- Form: 10-Q
- Filed: 2010-07-21
- Accepted by EDGAR: Jul 21, 2010, 20:12 ET
- Period: 2010-06-30
- Accession: 0000724910-10-000016
- Inline XBRL: no
- Main document: https://www.sec.gov/Archives/edgar/data/724910/000072491010000016/q1q11.htm
- All documents and exhibits: https://www.sec.gov/Archives/edgar/data/724910/000072491010000016/

## Management's discussion and analysis

As filed, 8,454 characters.

### Forward-looking statements

Some of the statements made in this Report or in the documents incorporated by reference in this Report and in other materials filed or to be filed by us with the Securities and Exchange Commission (“SEC”) as well as information included in verbal or written statements made by us constitute forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. These statements are subject to the safe harbor provisions of the reform act. Forward-looking statements may be identified by the use of the terminology such as may, will, expect, anticipate, intend, believe, estimate, should, or continue, or the negatives of these terms or other variations on these words or comparable terminology. To the extent that this Report contains forward-looking statements regarding the financial condition, operating results, business prospects or any other aspect of NVE, you should be aware that our actual financial condition, operating results and business performance may differ materially from that projected or estimated by us in the forward-looking statements. We have attempted to identify, in context, some of the factors that we currently believe may cause actual future experience and results to differ from their current expectations. These differences may be caused by a variety of factors, including but not limited to risks associated with competition, progress in research and development activities by us and others, decreased sales, failure of suppliers to meet our requirements, inability to meet customer technical requirements, inability to consummate license agreements, ineligibility for SBIR awards, inability to renew agreements with large customers, risks of losses on our marketable securities, and other specific risks that may be alluded to in this Report or in the documents incorporated by reference in this Report.

Further information regarding our risks and uncertainties are contained in Part I, Item 1A “Risk Factors” of our Annual Report on Form 10-K for the year ended March 31, 2010, as updated in Part II, Item 1A of this Quarterly Report on Form 10-Q.

### General

NVE Corporation, referred to as NVE, we, us, or our, develops and sells devices that use spintronics, a nanotechnology that relies on electron spin rather than electron charge to acquire, store and transmit information. We manufacture high-performance spintronic products including sensors and couplers that are used to acquire and transmit data. We have also licensed our spintronic magnetoresistive random access memory technology, commonly known as MRAM.

### Critical accounting policies

A description of our critical accounting policies is provided in Management’s Discussion and Analysis of Financial Condition and Results of Operations in our Annual Report on Form 10-K for the year ended March 31, 2010. At June 30, 2010 our critical accounting policies and estimates continued to include research and development contract percentage of completion estimation, inventory valuation, allowance for doubtful accounts estimation, and deferred tax assets estimation.

### Quarter ended June 30, 2010 compared to quarter ended June 30, 2009

The table shown below summarizes the percentage of revenue and quarter-to-quarter changes for various items:

*Revenue*

| 2010 | Percentage of Revenue Quarter Ended June 30 | 2009 | Quarter- to-Quarter Change |
| --- | ---: | ---: | ---: |
| Product sales | 85.5% | 81.0% | 11.9% |
| Contract research and development | 14.5% | 19.0% | (19.5)% |
| Total revenue | 100.0% | 100.0% | 6.0% |
| Cost of sales | 28.7% | 27.7% | 9.7% |
| Gross profit | 71.3% | 72.3% | 4.5% |
| Expenses |  |  |  |
| Selling, general, and administrative | 8.7% | 9.3% | (1.2)% |
| Research and development | 4.7% | 3.9% | 27.8% |
| Total expenses | 13.4% | 13.2% | 7.4% |
| Income from operations | 57.9% | 59.1% | 3.8% |
| Interest and other income | 6.6% | 5.4% | 28.6% |
| Income before taxes | 64.5% | 64.5% | 5.9% |
| Provision for income taxes | 21.7% | 21.5% | 6.7% |
| Net income | 42.8% | 43.0% | 5.5% |

Total revenue for the quarter ended June 30, 2010 (the first quarter of fiscal 2011) increased 6% to $7,241,294 compared to $6,834,532 for the quarter ended June 30, 2009 (the first quarter of fiscal 2010). The increase was due to a 12% increase in product sales, partially offset by a 20% decrease in contract research and development revenue.

The increase in product sales from the prior-year quarter was due to the addition of new customers and increased purchase volume by existing customers.

The decrease in research and development revenue was due to the completion of certain contracts and contract activities. Contract research and development activities can fluctuate for a number of reasons, some of which are beyond our control, and there can be no assurance of additional or follow-on contracts for expired or completed contracts.

Gross profit margin decreased to 71% of revenue for the first quarter of fiscal 2011 compared to 72% for the first quarter of fiscal 2010, due to a less favorable product sales mix.

Total expenses increased 7% for the first quarter of fiscal 2011 compared to the first quarter of fiscal 2010 due to a 28% increase in research and development expense. The increase in research and development expense was due to a decrease in contract research and development activities, which caused resources to be reallocated to expensed research and development activities, and increased product development activities. Research and development expense can fluctuate significantly depending on staffing, project requirements, and contract research and development activities.

Interest income increased 29% to $475,730 for the first quarter of fiscal 2011 compared to $370,025 for the first quarter of fiscal 2010. The increase was due to an increase in interest-bearing marketable securities.

The provision for income taxes was $1,570,074 for the first quarter of fiscal 2011 compared to $1,471,158 for the first quarter of fiscal 2010. The effective tax rate was 34% of income before taxes for the first quarter of fiscal 2011 compared to 33% for the prior-year quarter due to a higher Federal effective tax rate. Our effective tax rate can fluctuate due to a number of factors, some of which are outside our control.

The 6% increase in net income in the first quarter of fiscal 2011 compared to the prior-year quarter was primarily due to increased product sales and increased interest income.

### Liquidity and capital resources

At June 30, 2010 we had $54,675,483 in cash plus short-term and long-term marketable securities compared to $49,543,766 at March 31, 2010. Our entire portfolio of short-term and long-term marketable securities is classified as available for sale. The increase in cash plus marketable securities in the first quarter of fiscal 2011 was primarily due to $5,424,535 in net cash provided by operating activities partially offset by a $230,864 net decrease in the market value of our marketable securities due to market-price changes including a downgrade in the credit rating of a security. Further information regarding risks related to our marketable securities are contained in Part II, Item 1A “Risk Factors” of this Quarterly Report on Form 10-Q.

Accounts receivable decreased by $1,042,793 at June 30, 2010 compared to March 31, 2010 due to the timing of payments by our customers and higher revenue late in fiscal 2010 compared to late in the quarter ended June 30, 2010.

Income taxes payable increased $1,543,822 because we had no estimated income tax payments due in the quarter ended June 30, 2010.

We had no deferred revenue as of June 30, 2010 compared to $20,833 at March 31, 2010. Deferred revenue at March 31, 2010 was due to a nonrefundable payment of $250,000 by Avago to us under the terms of Amendment No. 2 to an agreement between us and Agilent. We recognized revenue from the payment over the term of Amendment No. 2, which was effective as of June 27, 2007 and ended June 27, 2010.

Purchases of fixed assets were $61,953 during the quarter, primarily for production equipment. We currently expect such purchases to be at a significantly higher quarterly rate during the balance of the fiscal year ending March 31, 2011 because we plan to expand our production capacity.

We currently believe our working capital is adequate for our needs at least for the next 12 months.

## Market risk

As filed, 1,032 characters.

The primary objective of our investment activities is to preserve principal while at the same time maximizing after-tax yields without significantly increasing risk. To achieve this objective, we maintain our portfolio of cash equivalents and marketable securities in a variety of securities including government agency obligations, municipal obligations, corporate obligations, and money market funds. Short-term and long-term marketable securities are generally classified as available-for-sale and consequently are recorded on the balance sheet at fair value with unrealized gains or losses reported as a separate component of accumulated other comprehensive income, net of estimated tax. Marketable securities as of June 30, 2010 had remaining maturities between seven weeks and 57 months. Our short-term and long-term marketable securities had a fair market value of $53,021,190 at June 30, 2010, representing approximately 85% of our total assets. We have not used derivative financial instruments in our investment portfolio.

## Controls and procedures

As filed, 1,280 characters.

Management, with the participation of the Chief Executive Officer and Chief Financial Officer, has performed an evaluation of our disclosure controls and procedures (as defined in Rules 13a-15(e) and 15d-15(e) of the Securities Exchange Act of 1934 (Exchange Act)) as of the end of the period covered by this report. This evaluation included consideration of the controls, processes and procedures that are designed to ensure that information required to be disclosed by us in the reports we file under the Exchange Act is recorded, processed, summarized and reported within the time periods specified in the SEC’s rules and forms and that such information is accumulated and communicated to our management, including our Chief Executive Officer and Chief Financial Officer, as appropriate to allow timely decisions regarding required disclosure. Based on such evaluation, our Chief Executive Officer and Chief Financial Officer concluded that, as of the end of the period covered by this report, our disclosure controls and procedures were effective.

During the quarter ended June 30, 2010, there was no change in our internal control over financial reporting that materially affected, or is reasonably likely to materially affect, our internal control over financial reporting.

## Risk factors

As filed, 2,774 characters.

There have been no material changes from the risk factors disclosed in our Annual Report on Form 10-K for the fiscal year ended March 31, 2010, except the risk factors titled “We may lose revenue if we are unable to renew agreements with large customers” and “We could incur losses on our marketable securities” are replaced in their entirety by the following:

### We may lose revenue if we are unable to renew agreements with large customers.

Our Supplier Partnering Agreement with St. Jude Medical, as amended, expires December 31, 2010; our agreement with Avago Technologies, Inc., as amended, expires June 27, 2013; our and our Phonak AG Supply Agreement expires May 1, 2012. We have executed a letter of intent including a provision to extended the term of our Agreement with Phonak through March 31, 2015. We cannot predict if any of these agreements will be renewed, or if renewed, under what terms. Although it is possible we could continue to sell products to these customers without formal agreements, an inability to agree on mutually acceptable terms or the loss of any of these large customers could have a significant adverse impact on our revenue and our profitability.

This risk factor is being updated because we executed an amendment extending the term of our agreement with Avago and a letter of intent including a provision to extended the term of our agreement with Phonak.

### We could incur losses on our marketable securities.

At June 30, 2010, we held $53,021,190 in short-term and long-term marketable securities, representing approximately 85% of our total assets. For the fiscal year ended March 31, 2011 we earned $1,617,880 in interest, virtually all of which was from those securities. During the past two fiscal years a number of the securities we hold were downgraded by Moody’s or Standard and Poor’s indicating a possible increase in default risk. The credit crisis may have caused or contributed to many of these downgrades. Conditions and circumstances beyond our control or ability to anticipate can cause downgrades and increases in default risk. For example, in fiscal 2011 guaranteed global notes issued by BP Capital Markets plc that we hold were downgraded due to the impact of BP’s Macondo subsea well oil spill on BP’s financial profile. Downgrades of any of our marketable securities are possible at any time for reasons beyond our control. Additionally, the assignment of a high credit rating does not preclude the risk of default on any marketable security. We could incur losses on our marketable securities, which could have a material adverse impact on our financial condition, income, or cash flows.

This risk factor is being updated because of the impact of BP’s Macondo subsea well oil spill on BP’s financial profile.

Filed Jul 21, 2010.
Source: SEC EDGAR, the filing index for accession 0000724910-10-000016. Last ingested by Listed: Oct 24, 2026, 14:55 ET. No prices; not investment advice.