03.10.2007 12:30:00
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Nu Horizons Electronics Corp. to Restate Financial Statements for Prior Year Taxes
Nu Horizons Electronics Corp. (Nasdaq/NM: NUHC) today announced that the
Audit Committee of its Board of Directors, together with management, has
concluded that the Company’s annual and
quarterly financial statements for the fiscal years 2002 through 2007,
as well as the first quarter of fiscal 2008 ended May 31, 2007 should no
longer be relied upon and that a restatement of some or all of those
financial statements will be required. The restatement is due to a
material understatement of its provision for income taxes for prior
periods and the related U.S. income tax obligations. The Audit Committee
has informed the Company’s independent
registered public accounting firm of its conclusion with respect to this
matter.
The understatement primarily relates to the Company's foreign
operations. The Company has not finally determined the impact on the
Company’s provision for income taxes on its
financial statements in any affected period. It appears, however, that
the aggregate cumulative effect on the Company's earnings for the
six-year period is approximately $5.0 million, including estimated
interest and penalties. The Company also estimates that approximately
$2.5 million in previously-deferred tax liabilities, interest and
penalties will be accelerated to the current period, resulting in an
aggregate tax obligation of approximately $7.5 million. The Company
cannot predict when its tax liability will be finally determined.
The errors were discovered in connection with the development of the
Company's current year tax provision and the preparation of analyses
related to Financial Accounting Standards Board Interpretation No. 48
(FIN 48), "Accounting for Uncertainty in Income Tax –
an Interpretation of FASB Statement No. 109". After being informed of
these errors, the Audit Committee retained a third-party accounting firm
to review the Company's tax provisions for prior years and late
yesterday the Audit Committee concluded that the errors discovered are
material. Based on its preliminary investigation, the Company believes
that the misstatements relate only to taxes and the calculation of
minority interests in its foreign subsidiaries; however the Company
cannot predict whether additional matters will be identified in
connection with the ongoing inquiry of the Audit Committee and its
advisors. The Company also believes that, as a result of these
circumstances, it has one or more material weaknesses in its internal
control over financial reporting.
The Company is working with its lenders to seek waivers under its debt
agreements due to its failure to comply with certain terms of those
agreements as a result of these matters. The Company has no reason to
believe such waivers will not be provided.
In addition, the Company will delay the release of its second quarter
results, as well as the filing of its quarterly report on Form 10-Q
beyond the prescribed due date of October 10, 2007 and the subsequent
extension to October 15, 2007 that is permitted under rules of the
Securities and Exchange Commission.
About Nu Horizons Electronics Corp.
Nu Horizons Electronics Corp. is a leading global distributor of
advanced technology semiconductor, display, illumination and system
solutions to a wide variety of commercial original equipment
manufacturers (OEMs) and Electronic Manufacturing Services providers
(EMS). With sales facilities in 51 locations across North America,
Europe and Asia and regional logistics centers throughout the globe, Nu
Horizons partners with a limited number of best-in-class suppliers to
provide in-depth product development, custom logistics and life-cycle
support to its customers. Information on Nu Horizons and its services is
available at http://www.nuhorizons.com Cautionary Statement Regarding Forward-Looking Statements
Except for historical information contained herein, the matters set
forth in this news release are forward looking statements. When used in
this press release, words such as "anticipate,” "believe,” "estimate,” "expect,” "intend”
and similar expressions, as they relate to Nu Horizons or its
management, identify forward-looking statements. Such forward-looking
statements are based on the current beliefs of Nu Horizons’
management, as well as assumptions made by and information currently
available to its management. Forward-looking statements involve certain
risks and uncertainties that could cause actual results to differ from
those in the forward looking-statements. Potential risks and
uncertainties include such factors as the level of business and consumer
spending for electronic products, the amount of sales of the Company’s
products, the competitive environment within the electronics industry,
the ability of the Company to continue to expand its operations, the
level of costs incurred in connection with the Company’s
expansion efforts, the financial strength of the Company’s
customers and suppliers, risks arising from potential material
weaknesses in the Company’s control
environment, potential adverse effects to the Company's financial
condition, results of operations or prospects as a result of the
restatement of some or all of the prior period financial statements,
risks associated with the Company’s inability
to satisfy covenants under its credit facility or to obtain waivers of
compliance with those covenants or waivers of defaults under its debt
agreements, potential adverse effects if the Company is required to
recognize other adverse tax- or accounting-related developments and
risks relating to litigation or regulatory inquiries associated with the
restatement of prior period financial statements or other related
matters. Investors are also directed to consider other risks and
uncertainties discussed in documents filed by the Company with the
Securities and Exchange Commission. Such statements reflect the
Company's current view with respect to the future and are subject to
these and other risks, uncertainties and assumptions relating to Nu
Horizons’ financial condition, results of
operations, growth strategy and liquidity. The Company does not
undertake any obligation to update its forward-looking statements.
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