04:40:11 EDT Tue 23 Apr 2024
Enter Symbol
or Name
USA
CA



Wi-LAN Inc
Symbol WIN
Shares Issued 121,540,562
Close 2013-03-05 C$ 4.31
Market Cap C$ 523,839,822
Recent Sedar Documents

ORIGINAL: WiLAN Reports Fourth Quarter and Fiscal Year 2012 Financial Results

2013-03-06 06:42 ET - News Release

OTTAWA, CANADA -- (MARKET WIRE) -- 03/06/13

Company generates adjusted earnings of $41.8 million or 47 percent of revenue

Annual dividend increased 14 percent to CDN $0.16 per share

Wi-LAN Inc. ("WiLAN" or the "Company") (TSX:WIN)(NASDAQ:WILN) today announced financial results for the fourth quarter and fiscal year 2012 ended December 31, 2012. All financial information in this press release is reported in U.S. dollars, unless otherwise indicated.

Fourth Quarter 2012 Highlights


--  Revenues of $21.2 million, exceeding our guidance of $20.7 million. 
--  Adjusted earnings(i) of $7.0 million, or 6 cents per share. 
--  Initiated litigation against Alcatel-Lucent, Apple, Ericsson, HTC, LG,
    Research In Motion, Sierra Wireless and Toshiba. 
--  Increased the quarterly dividend to CDN $0.04 per common share. 

Fiscal Year 2012 Highlights


--  Revenues of $88.0 million. 
--  Adjusted earnings(i) of $41.8 million, or 34 cents per share. 
--  GAAP earnings, including $31.1 million in expenses related to the 6
    percent extendible convertible unsecured subordinated debentures
    ("Debenture") financing, amounted to a loss of $14.5 million, or 12
    cents per share on a basic level, as compared to GAAP earnings of $31.8
    million, or 26 cents per share on a basic level, in the same period last
    year. 
--  Acquired patent portfolios from Siemens AG and Alvarion Ltd. 
--  Signed licensing partnerships with two patent owners, including SENSIO
    Technologies, bringing total number of partners signed to eight. 
--  Generated $34.0 million in cash from operations. 
--  Returned $30.3 million to shareholders in dividend and share buyback
    payments. 
--  Held cash and cash equivalents and short-term investments of $176.9
    million at December 31, 2012. 

"Our efforts and accomplishments in 2012 advanced key strategies that we believe will drive WiLAN's future growth," said Jim Skippen, President & CEO. "The sustainable growth of our business demands a disciplined licensing strategy and one that focuses on reaching the right agreements for the Company over the long-term. We reached agreements with eight companies in 2012 that are expected to generate significant future revenues."

Added Skippen, "As part of our overall strategy, we are focused on increasing the number of portfolios that we can license. In 2012, WiLAN acquired valuable portfolios from technology leaders Siemens AG and Alvarion Ltd. and continued generating patents through our own research efforts. Our Gladios partnership efforts secured their first license agreement for partner 01Communique, and our roster of Gladios partners has now increased to 12."

"Our solid balance sheet with over $176 million in cash and our positive cash flow with adjusted earnings of over $41 million or 47 percent of revenues in 2012, gives us a strong financial foundation upon which to continue building our business. WiLAN's financial strength enabled the Company to return over $14 million to shareholders in dividend payments in 2012 and gave the board the confidence to increase the Company's annual dividend by over 14 percent to $0.16 in 2013," said Skippen.

Eligible Dividend

The Board of Directors has declared an eligible dividend of CDN $0.04 per common share to be paid on April 5, 2013 to shareholders of record on March 22, 2013.

Fourth Quarter and Fiscal Year 2012 Revenue Review

In the three month period ended December 31, 2012, WiLAN generated revenues of $21.2 million, as compared to $24.2 million in the three month period ended December 31, 2011. In the 12 month period ended December 31, 2012, WiLAN generated revenues of $88.0 million, as compared to $105.8 million in the 12 month period ended December 31, 2011. The decrease in revenue compared to the prior year periods is primarily attributable to the timing of fixed payment amounts as a result of the significant license agreements signed during the first quarter of 2011, some of which required payments that were one-time in nature and some of which had more significant upfront payments.

For the 12 month period ended December 31, 2012, the top 10 licensees accounted for 83 percent of revenues, whereas the top 10 accounted for 77 percent of revenues in the 12 month period ended December 31, 2011.

Fourth Quarter and Fiscal Year 2012 Operating Expense Review

Cost of revenue is comprised of patent licensing expenses which includes royalty obligations, cost of patents sold through brokerage activities, employee related costs and other costs incurred in conducting license negotiations as well as litigation and amortization expense related to acquired patents. Litigation and amortization expense is not necessarily variable with revenues. Patent licensing expenses is predominately employee related costs and therefore is not directly variable with revenues. We also include, as a cost of revenue, any costs related to sourcing new patent portfolios or developing new strategic partnerships.

In the three month period ended December 31, 2012, cost of revenue totaled $16.6 million as compared to $38.0 million in the three month period ended December 31, 2011. For the 12 month period ended December 31, 2012, cost of revenues totaled $55.5 million as compared to $72.5 million in the same period last year. The decrease in expenses is primarily attributable to a decrease in the success fee partially offset by an increase in litigation expenses and amortization expense as a result of patent acquisitions completed during fiscal 2011 and 2012.


                   Three months   Three months                              
                          ended          ended     Year ended     Year ended
                   December 31,   December 31,   December 31,   December 31,
                           2012           2011           2012           2011
                 -----------------------------------------------------------
                 -----------------------------------------------------------
                                                                            
Licensing        $        1,028 $          861 $        4,205 $        4,610
Litigation                                                                  
 expense                  8,772          2,605         25,564         17,478
Litigation                                                                  
 expense -                                                                  
 success fee                  -         27,986              -         27,986
Amortization of                                                             
 patents                  6,531          6,287         24,794         21,645
Stock-based                                                                 
 compensation               256            254            940            748
                 -----------------------------------------------------------
                 $       16,587 $       37,993 $       55,503 $       72,467
                 -----------------------------------------------------------

For the three months ended December 31, 2012, litigation expenses amounted to $8.8 million compared to $2.6 million for the same period last year. For the 12 months ended December 31, 2012, litigation expenses amounted to $25.6 million compared to $17.5 million for the same period last year. The increase in litigation expenses over the prior year periods is partially attributable to an increased level of effort in ongoing patent infringement litigations including preparations for two Markman Hearings that are scheduled to take place in March 2013 and April 2013, respectively, and preparations for a trial that is scheduled to begin in April 2013.

Marketing, general and administration ("MG&A") expenses represent the cost of corporate services including facilities, executive management, finance, corporate legal, human resources, office administration, marketing and communications, information technology and all costs associated with being a public company. In the fourth quarter ended December 31, 2012, MG&A expenses amounted to $3.1 million as compared to $10.2 million in the fourth quarter ended December 31, 2011. For the fiscal year ended December 31, 2012, MG&A totaled $12.9 million as compared to $20.3 million in the same period last year. The decrease in spending for the 12 months ended December 31, 2012 is primarily attributable to a decrease in incentive and commission costs partially offset by an increase in staff costs.


                   Three months   Three months                              
                          ended          ended     Year ended     Year ended
                   December 31,   December 31,   December 31,   December 31,
                           2012           2011           2012           2011
                 -----------------------------------------------------------
                 -----------------------------------------------------------
                                                                            
Marketing,                                                                  
 general and                                                                
 administration                                                             
 costs           $        2,209 $        2,321 $        9,565 $        8,362
Commission costs              -              -              -          1,631
Incentive buy-out             -          7,104              -          7,102
Asset write-off                                                             
 related to                                                                 
 restructuring                -              -            209              -
Depreciation                114            132            489            456
Stock-based                                                                 
 compensation               744            669          2,595          2,743
                 -----------------------------------------------------------
                 $        3,067 $       10,226 $       12,858 $       20,294
                 -----------------------------------------------------------

Fourth Quarter and Fiscal Year 2012 Earnings Review

In the fourth quarter ended December 31, 2012, WiLAN generated adjusted earnings of $7.0 million or 6 cents per share as compared to $17.8 million, or 14 cents per share, in the comparative period. In the fiscal year ended December 31, 2012, WiLAN generated adjusted earnings of $41.8 million or 34 cents per share as compared to $71.5 million, or 58 cents per share, in the comparative period. The decrease in adjusted earnings between the reporting periods is primarily attributable to lower revenues and higher investment in litigation.

The Company's GAAP earnings amounted to a loss of $2.1 million, or 2 cents per share on a basic level, in the three month period ended December 31, 2012, as compared to a GAAP loss of $5.6 million, or 5 cents per share on a basic level, in the same period last year.

In the 12 month period ended December 31, 2012, the Company generated a GAAP loss of $14.5 million, or 12 cents per share on a basic level. This included $31.1 million in expenses related to the Debenture of which $25.5 million was non-cash expense.

In the 12 month period ended December 31, 2011, the Company generated GAAP earnings of $31.8 million, or 26 cents per share on a basic level. This included Debenture financing costs which, after amortization of accretion of debt discount, a non-cash expense of $41.7 million, extinguishment of the conversion feature, a non-cash gain, of $66.7 million and amortization of financing costs, consisting of commissions and professional service fees of $4.2 million, amounted to a net gain of $20.7 million.

Fourth Quarter and Fiscal Year 2012 Balance Sheet and Cash Flow Review

At December 31, 2012, the Company's net cash, comprised of cash and cash equivalents and short-term investments, totaled $176.9 million, representing a decrease of $256.8 million from the net cash position at December 31, 2011. The decrease is primarily attributable to the retirement of the Debenture, the acquisition of patents and other intangibles totaling $25.4 million, the returning of $30.3 million to shareholders in dividend and share buyback payments, partially offset by $34.0 million in cash generated from operations. The Company's cash equivalents and short-term investments include T-bills, term deposits and GICs.

During the fourth quarter ended December 31, 2012, the Company generated $17.2 million of cash from operations and returned $4.2 million to shareholders in dividend payments.

First Quarter 2013 Financial Guidance

For the first quarter 2013 ending March 31, 2013, the Company expects revenue to be at least $18.1 million. This revenue guidance does not include the potential impact of any new agreements that may be signed during the balance of the first quarter of 2013 or the potential impact of any royalties identified in audits conducted by the Company. Operating expenses for the first quarter are expected to be in the range of $18.7 million to $20.4 million of which $13.0 million to $14.4 million is expected to be litigation expense. For the first quarter of 2013, and assuming no additional agreements are signed, adjusted earnings are expected to be between a loss of $2.2 million and breakeven.

The above statements are forward-looking and actual results may differ materially. The "Forward-looking Information" section at the end of this press release provides information on various risks and uncertainties that the Company faces. Additional information identifying risks and uncertainties relating to the Company's business are discussed in greater detail in the "Risk Factors" section of WiLAN's AIF for the 2011 fiscal year dated March 9, 2012 (copies of which may be obtained at www.sedar.com or www.sec.gov). Financial guidance is provided to assist investors and other interested parties in understanding WiLAN's performance. The reader is cautioned that using this information for any other purpose may be inappropriate.

The Company's revenues result primarily from the licensing of intellectual property which, by its very nature, is directly affected by the timing of the closure of license agreements, the nature and extent of specific licenses including actual rates, product sales by licensees which can be subject to seasonality as well as overall market demands and the timeliness of the receipt of licensee royalty reports. In addition, certain revenues may be of a one-time nature.

The above guidance for the three month period ended March 31, 2013 reflects our current business indicators and expectations and is subject to fluctuations in foreign currency exchange rates. Due to their nature, certain income and expense items, such as significant settlements from companies involved in current enforcement actions, brokerage opportunities, new significant litigation or defense actions that could arise during the quarter, losses on asset impairments or realized foreign exchange losses cannot be accurately forecast. Accordingly, we exclude forecasts of such items from our guidance. Actual revenues reported may exceed the guidance provided due to the receipt of royalty reports, signing of new license agreements and completion of licensee audits, all after the guidance is provided.

WiLAN's imperative is to negotiate the best possible license as measured over the long-term and accordingly, the timing of actual license signings may vary from that forecasted. Actual results may vary materially from the guidance provided as a consequence of the above noted factors.

Conference Call Information - March 6, 2013 - 10:00 AM ET

WiLAN will conduct a conference call to discuss its financial results today at 10:00 AM Eastern Time (ET). WiLAN CEO, Jim Skippen and CFO, Shaun McEwan will be on the call.

Calling Information

A live audio webcast will be available at http://www.investorcalendar.com/IC/CEPage.asp?ID=170537


--  To access the call from Canada and U.S., dial 1.877.407.0782 (Toll Free)
--  To access the call from other locations, dial 1.201.689.8567
    (International) 

Replay Information

The call will be available at http://www.investorcalendar.com/IC/CEPage.asp?ID=170537 and accessible by telephone until 11:59 PM ET on May 8, 2013.


--  Replay Number (Toll Free): 1.877.660.6853 
--  Replay Number (International): 1.201.612.7415 
--  Replay passcode (Conference ID #): 408442 

About WiLAN

WiLAN, founded in 1992, is a leading technology innovation and licensing company. WiLAN has licensed its intellectual property to over 260 companies worldwide. Inventions in our portfolio have been licensed by companies that manufacture or sell a wide range of communication and consumer electronics products including 3G and 4G handsets, Wi-Fi-enabled laptops, Wi-Fi and broadband routers, xDSL infrastructure equipment, cellular base stations and digital television receivers. WiLAN has a large and growing portfolio of more than 3,000 issued or pending patents. For more information: www.wilan.com.

Note

((i)) WiLAN follows GAAP in preparing its interim and annual financial statements. Adjusted Earnings are earnings from continuing operations before stock-based compensation expense, depreciation and amortization expense, interest expense, unrealized foreign exchange gains or losses, provision for income taxes and certain other non-cash, one-time, or non-recurring charges.

Forward-looking Information

This news release contains forward-looking statements and forward-looking information within the meaning of the U.S. Private Securities Litigation Reform Act of 1995 and other United States and Canadian securities laws. The phrases "will drive", "we can", "to secure", "to continue", "Company expects", "to be", "potential impact", "may be", "may differ", "are expected", "is expected", "may exceed", "can be", "may vary" and similar terms and phrases are intended to identify these forward-looking statements. Forward-looking statements and forward-looking information are based on estimates and assumptions made by WiLAN in light of its experience and its perception of historical trends, current conditions and expected future developments, as well as other factors that WiLAN believes are appropriate in the circumstances. Many factors could cause WiLAN's actual performance or achievements to differ materially from those expressed or implied by the forward-looking statements or forward-looking information. Such factors include, without limitation, the risks described in WiLAN's March 9, 2012 annual information form for the year ended December 31, 2011 (the "AIF"). Copies of the AIF may be obtained at www.sedar.com or www.sec.gov. WiLAN recommends that readers review and consider all of these risk factors and notes that readers should not place undue reliance on any of WiLAN's forward-looking statements. WiLAN has no intention and undertakes no obligation to update or revise any forward-looking statements or forward-looking information, whether as a result of new information, future events or otherwise, except as required by law.

All trademarks and brands mentioned in this release are the property of their respective owners.


                                                                            
                                                                            
                                                                            
                                                                            
                                                                            
Wi-LAN Inc.                                                                 
Consolidated Statements of Operations                                       
(in thousands of United States dollars, except share and per share amounts) 
                                                                            
                                                                            
                  Three months   Three months         Twelve         Twelve 
                         ended          ended   months ended   months ended 
                  December 31,   December 31,   December 31,   December 31, 
                          2012           2011           2012           2011 
                ------------------------------------------------------------
                ------------------------------------------------------------
                                                                            
Revenue                                                                     
  Royalties      $      21,183  $      24,224  $      87,960  $     104,813 
  Brokerage                  -              -              -            996 
                ------------------------------------------------------------
  Total Revenue  $      21,183  $      24,224  $      87,960  $     105,809 
                                                                            
Operating                                                                   
 expenses                                                                   
  Cost of                                                                   
   revenue              16,587         37,993         55,503         72,467 
  Research and                                                              
   development           2,263          2,523          8,887          7,792 
  Marketing,                                                                
   general and                                                              
   administratio                                                            
   n                     3,067         10,226         12,858         20,294 
  Realized                                                                  
   foreign                                                                  
   exchange                                                                 
   (gain) loss             114           (656)            22         (1,958)
  Unrealized                                                                
   foreign                                                                  
   exchange                                                                 
   (gain) loss             247         (6,833)        (5,213)         2,997 
  Transaction                                                               
   costs                     -          1,799              -          3,044 
  Restructuring                                                             
   charges                   -              -            418              - 
                ------------------------------------------------------------
  Total                                                                     
   operating                                                                
   expenses             22,278         45,052         72,475        104,636 
                ------------------------------------------------------------
Earnings from                                                               
 operations             (1,095)       (20,828)        15,485          1,173 
  Investment                                                                
   income                  212          2,626          1,277          5,654 
  Interest                                                                  
   expense                (121)        (3,410)        (1,247)        (4,218)
  Debenture                                                                 
   financing,                                                               
   net                       -         16,403        (31,138)        20,747 
                ------------------------------------------------------------
Earnings (loss)                                                             
 before income                                                              
 taxes                  (1,004)        (5,209)       (15,623)        23,356 
                                                                            
                                                                            
Provision for                                                               
 (recovery of)                                                              
 income tax                                                                 
 expense                                                                    
  Current                  420            643          3,480          3,275 
  Deferred                 695           (234)        (4,583)       (11,716)
                ------------------------------------------------------------
                         1,115            409         (1,103)        (8,441)
                ------------------------------------------------------------
Net earnings                                                                
 (loss)                 (2,119)        (5,618)       (14,520)        31,797 
                                                                            
Other                                                                       
 comprehensive                                                              
 income                                                                     
  Cumulative                                                                
   translation                                                              
   adjustment                -              -              -         (9,830)
                ------------------------------------------------------------
Comprehensive                                                               
 income (loss)   $      (2,119) $      (5,618) $     (14,520) $      21,967 
                ------------------------------------------------------------
                ------------------------------------------------------------
                                                                            
                                                                            
Earnings (loss)                                                             
 per share                                                                  
  Basic          $       (0.02) $       (0.05) $       (0.12) $        0.26 
  Diluted        $       (0.02) $       (0.05) $       (0.12) $        0.25 
                                                                            
                                                                            
Weighted average                                                            
 number of                                                                  
 common shares                                                              
  Basic            121,429,318    123,581,452    121,451,967    122,741,326 
  Diluted          121,429,318    123,581,452    121,451,967    124,999,644 
                ------------------------------------------------------------
                ------------------------------------------------------------
                                                                            
                                                                            
                                                                            
Wi-LAN Inc.                                                                 
Consolidated Balance Sheets                                                 
(in thousands of United States dollars)                                     
                                                                            
As at                                 December 31, 2012   December 31, 2011 
                                    ----------------------------------------
                                    ----------------------------------------
Current assets                                                              
  Cash and cash equivalents          $          175,246  $          432,186 
  Short-term investments                          1,617               1,524 
  Accounts receivable                             1,139               2,153 
  Prepaid expenses and deposits                     314                 290 
  Deferred financing costs                            -               1,716 
                                    ----------------------------------------
                                                178,316             437,869 
                                                                            
                                                                            
Loan receivable                                     911                   - 
Furniture and equipment, net                      1,272               1,769 
Patents and other intangibles, net              116,846             118,645 
Deferred tax asset                               20,817              18,086 
Goodwill                                         12,623              12,623 
                                    ----------------------------------------
                                     $          330,785  $          588,992 
                                    ----------------------------------------
                                    ----------------------------------------
                                                                            
                                                                            
Current liabilities                                                         
  Accounts payable and accrued                                              
   liabilities                       $           22,406  $           22,169 
  Due to related party                                -               7,102 
  Current portion of patent finance                                         
   obligation                                     2,547               2,458 
  Deferred tax liability                              -               1,851 
  Debentures                                          -             203,855 
                                    ----------------------------------------
                                                 24,953             237,435 
                                                                            
                                                                            
Patent finance obligation                         2,670               5,189 
Success fee obligation                           10,900              15,212 
                                    ----------------------------------------
                                                 38,523             257,836 
                                    ----------------------------------------
                                                                            
                                                                            
Commitments and contingencies                                               
                                                                            
                                                                            
Shareholders' equity                                                        
  Capital stock                                 431,067             436,606 
  Additional paid-in capital                     11,074              14,061 
  Accumulated other comprehensive                                           
   income                                        16,225              16,225 
  Deficit                                      (166,104)           (135,736)
                                    ----------------------------------------
                                                292,262             331,156 
                                    ----------------------------------------
                                     $          330,785  $          588,992 
                                    ----------------------------------------
                                    ----------------------------------------
                                                                            
                                                                            
                                                                            
Wi-LAN Inc.                                                                 
Consolidated Statements of Cash Flow                                        
(in thousands of United States dollars)                                     
                                                                            
                                                                            
                            Three         Three        Twelve        Twelve 
                           months        months        months        months 
                            ended         ended         ended         ended 
                         December      December      December      December 
                         31, 2012      31, 2011      31, 2012      31, 2011 
                    --------------------------------------------------------
                    --------------------------------------------------------
Cash generated from                                                         
 (used in)                                                                  
Operations                                                                  
Net earnings (loss)  $     (2,119) $     (5,618) $    (14,520) $     31,797 
  Non-cash items                                                            
    Stock-based                                                             
     compensation             939         1,183         3,894         4,228 
    Depreciation and                                                        
     amortization           6,734         6,516        25,693        22,785 
    Extinguishment                                                          
     of conversion                                                          
     feature                    -       (58,149)            -       (66,679)
    Foreign exchange                                                        
     loss                   7,780           (54)        7,910         5,796 
    Deferred                                                                
     financing costs            -           546         1,746         4,195 
    Accretion of                                                            
     debt discount              -        41,200        25,175        41,737 
    Discount on loan                                                        
     receivable               121             -           121             - 
    Disposal of                                                             
     patents                 (209)            -             -           704 
    Deferred income                                                         
     tax recovery             695          (234)       (4,583)      (11,716)
    Accrued interest                                                        
     (income)                                                               
     expense                  (32)        3,410           (32)        4,218 
    Long term                                                               
     portion of                                                             
     success fee                -        15,212             -        15,212 
                    --------------------------------------------------------
                           13,909         4,012        45,404        52,277 
  Change in non-cash                                                        
   working capital                                                          
   balances                                                                 
    Accounts                                                                
     receivable             1,517         5,478         1,014            85 
    Prepaid expenses                                                        
     and deposits             255           212          (475)          (77)
    Payments                                                                
     associated with                                                        
     success fee                                                            
     obligation            (1,331)            -       (12,685)            - 
    Accounts payable                                                        
     and accrued                                                            
     liabilities            2,845        14,102         7,831        15,785 
    Due to related                                                          
     party                      -             -        (7,102)            - 
                    --------------------------------------------------------
Cash generated from                                                         
 operations                17,195        23,804        33,987        68,070 
                    --------------------------------------------------------
Financing                                                                   
  Proceeds on sale                                                          
   of common shares,                                                        
   net                          -            45             -        71,992 
  Dividends paid           (4,234)       (3,113)      (14,617)      (10,668)
  Proceeds from                                                             
   issuance                                                                 
   (repayment) of                                                           
   convertible                                                              
   debentures                   -         6,184      (233,247)      226,749 
  Debentures                                                                
   repurchased under                                                        
   normal course                                                            
   issuer bid                   -        (1,535)            -        (1,535)
  Common shares                                                             
   repurchased under                                                        
   normal course                                                            
   issuer bid                   -        (2,871)      (15,729)       (2,871)
  Common shares                                                             
   issued for cash                                                          
   on the exercise                                                          
   of options                 516           385         3,078         6,086 
  Common shares                                                             
   issued for cash                                                          
   from Employee                                                            
   Share Purchase                                                           
   Plan                       115            95           231           182 
                    --------------------------------------------------------
Cash (used in)                                                              
 generated from                                                             
 financing                 (3,603)         (810)     (260,284)      289,935 
                    --------------------------------------------------------
Investing                                                                   
  Sale (purchase) of                                                        
   short-term                                                               
   investments                  -         7,301           (93)       25,473 
  Loan receivable          (1,000)            -        (1,000)            - 
  Internally                                                                
   restricted cash              -       220,565             -             - 
  Purchase of                                                               
   furniture and                                                            
   equipment                  (34)         (293)         (403)       (1,907)
  Purchase of                                                               
   patents and other                                                        
   intangibles             (1,085)       (9,699)      (25,425)      (19,753)
                    --------------------------------------------------------
Cash (used in)                                                              
 generated from                                                             
 investing                 (2,119)      217,874       (26,921)        3,813 
                    --------------------------------------------------------
Foreign exchange                                                            
 gain (loss) on cash                                                        
 held in foreign                                                            
 currency                  (7,780)        3,144        (3,722)      (12,268)
                    --------------------------------------------------------
                                                                            
                                                                            
Net cash and cash                                                           
 equivalents (used                                                          
 in) generated in                                                           
 the period                 3,693       244,012      (256,940)      349,550 
Cash and cash                                                               
 equivalents,                                                               
 beginning of period      171,553       188,173       432,186        82,636 
                    --------------------------------------------------------
Cash and cash                                                               
 equivalents, end of                                                        
 period              $    175,246  $    432,185  $    175,246  $    432,186 
                    --------------------------------------------------------
                    --------------------------------------------------------
                                                                            
                                                                            
                                                                            
Wi-LAN Inc.                                                                 
Reconciliation of GAAP Net Earnings to Adjusted Earnings                    
(in thousands of United States dollars, except share and per share amounts) 
                                                                            
                  Three months   Three months                               
                         ended          ended     Year ended     Year ended 
                  December 31,   December 31,   December 31,   December 31, 
                          2012           2011           2012           2011 
                ------------------------------------------------------------
                ------------------------------------------------------------
                                                                            
Net earnings                                                                
 (loss) under                                                               
 GAAP            $      (2,119) $      (5,618) $     (14,520) $      31,797 
                                                                            
Adjusted for:                                                               
  Unrealized                                                                
   foreign                                                                  
   exchange loss           247         (6,833)        (5,213)         2,997 
  Depreciation                                                              
   and                                                                      
   amortization          6,734          6,516         25,693         22,785 
  Stock based                                                               
   compensation            939          1,182          3,894          4,228 
  Restructuring                                                             
   charges                   -           (285)           418              - 
  Incentive buy-                                                            
   out                       -          7,102              -          7,102 
  Success fee                -         27,986              -         27,986 
  Other                      -            285              -            285 
  Asset write-                                                              
   off related                                                              
   to                                                                       
   restructuring             -              -            209              - 
  Interest                                                                  
   expense                 121          3,410          1,247          4,218 
  Transaction                                                               
   costs                     -          1,799              -          3,044 
  Investment                                                                
   income                    -         (1,660)             -         (3,733)
  Debenture                                                                 
   financing,                                                               
   net                       -        (16,403)        31,138        (20,747)
  Provision for                                                             
   (recovery of)                                                            
   income tax                                                               
   expense               1,115            409         (1,103)        (8,441)
                ------------------------------  ----------------------------
Adjusted                                                                    
 earnings        $       7,037  $      17,890  $      41,763  $      71,521 
                ---------------  -------------  ----------------------------
                                                                            
                                                                            
                                                                            
Adjusted                                                                    
 earnings per                                                               
 basic share     $        0.06  $        0.14  $        0.34  $        0.58 
                                                                            
Weighted average                                                            
 number of                                                                  
 common shares                                                              
  Basic            121,429,318    123,581,452    121,451,967    122,741,326 
  Diluted          121,429,318    123,581,452    121,451,967    124,999,644 
                ------------------------------------------------------------
                ------------------------------------------------------------

Contacts:
Shaun McEwan
Chief Financial Officer
O: 613-688-4898
C: 613-697-7159
smcewan@wilan.com
www.wilan.com

Tyler Burns
Director, Investor Relations
613-688-4330
C: 613-697-0367
tburns@wilan.com

© 2024 Canjex Publishing Ltd. All rights reserved.