ServiceNow Settles Patent Cases With BMC, HPE For $270 Million

By | April 14, 2016

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Workflow software developer ServiceNow ( NOW ) lightened its wallet by $270 million, then lightened its stock price Thursday. ServiceNow stock stumbled 3% after the bell in the stock market today before recovering. It was down a fraction, above 63, in afternoon trading Thursday, 30% off its record high of 91.28, set Dec. 4. ServiceNow went public in December 2012 at 18. Investors seemed none too pleased with the size of ServiceNow’s disclosure to the Securities and Exchange Commission, filed after Wednesday’s close, to settle patent infringement litigation with BMC Software and Hewlett Packard Enterprise ( HPE ). ServiceNow had disclosed in early March that at least some settlement was imminent . Hewlett Packard Enterprise stock was down more than 1% Thursday afternoon. ServiceNow rivals SAP ( SAP ) and Salesforce.com ( CRM ) were both up a fraction, with SAP just 2% off recent highs and Salesforce 8% off an all-time high 81.24 set March 31. ServiceNow, which delivers its software via the cloud, said that it is taking the $270 million charge in its first quarter, which it’s slated to report Wednesday after the market close. “The settlement terms are rather significant, at over one-third of ServiceNow’s net cash balance as of Dec. 31, 2015, but still represent less than one year’s free cash flow (management has guided for $325 million of free cash flow in 2016), and both management and investors should welcome having these lawsuits in the rearview mirror,” said William Blair analyst Justin Furby in a research note Thursday. He said, “The company should benefit from the removal of ongoing legal fees that have been included in non-GAAP expenses.” Furby said that he won’t be changing his Q1 estimates for ServiceNow but will look for “additional detail” on Wednesday. ServiceNow Q1 Expected To Show Earnings Growth Analysts polled by Thomson Reuters expected ServiceNow to report earnings per share minus items of seven cents, up from a penny in the year-earlier quarter. Revenue is expected to rise 42% to $301 million. With revenue rising 47% for 2015, the company topped $1 billion in sales for the first time last year, contributing to its three-year 60% sales growth rate. RBC Capital Management analyst Matthew Hedberg estimated that the settlement would cost $1.50 per share off ServiceNow’s presettlement cash balance of $7 per share. Hedberg, who still rates ServiceNow a “top pick,” said in a Thursday research note, “There could be slight upside to forward margin expectations given an early resolution, as management likely planned for a longer trial and additional expenses.” He noted “no future royalty payments” from the settlements. “Overall, we are glad to put this issue to bed and believe focus can now return fully to execution, which had been less than ideal in 2015,” he said. Despite its fast growth, ServiceNow experienced growing pains in 2015, so analysts will look for clues that might firm up expectations for 2016. For the year, Wall Street expects EPS of 60 cents minus items on sales of $1.36 billion, up from 40 cents on $1 billion in 2015. After meeting with ServiceNow CFO Mike Scarpelli Feb. 2, Evercore ISI analyst Kirk Materne said in a research note that the company is going to remain in the penalty box until investors feel more comfortable about the 2016 forecast. He pointed out that ServiceNow had missed its own annual contract value target in 2015 due to “elevated sales turnover” and a pause in hiring in Q2. Sales staff hiring ramped up late last year, but billings guidance of 33% to 34% growth for 2016 “assumes very little/no sales productivity improvement and modest growth expectations for EMEA (Europe, Middle East and Africa) as the new regional sales head ramps up,” Materne warned. Still, he had a buy rating and 83 price target on ServiceNow stock, seeing growth in its market and in adoption rates for its platform. The company now averages seven custom apps per customer, up from 5.6 a year ago, Materne pointed out. Scalper1 News

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