SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 10-KSB
(Mark One)
[X] Annual Report Pursuant to Section 13 or 15(d) of the Securities
Exchange Act of 1934 For the Fiscal Year Ended December 31, 2003
or
[ ] Transition Report Pursuant to Section 13 or 15(d) of the Securities
Exchange Act of 1934 For the Transition Period From _______________ to
________________.
Commission file number 000-25727
IKONICS CORPORATION
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(Exact name of registrant as specified in its charter)
Minnesota 41-0730027
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(State or other jurisdiction of (I.R.S. employer
incorporation or organization) identification no.)
4832 Grand Avenue
Duluth, Minnesota 55807
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(Address of principal executive offices) (Zip code)
Registrant's telephone number, including area code: (218) 628-2217
Securities registered under Section 12(b) of the Act: None
Securities registered under Section 12(g) of the Act: Common Stock, par
value $.10 per share
Check whether the issuer (1) filed all reports required to be filed by
Section 13 or 15(d) of the Exchange Act during the past 12 months (or for such
shorter period that the registrant was required to file such reports), and (2)
has been subject to such filing requirements for the past 90 days. Yes [X] No
[ ]
Check if disclosure of delinquent filers pursuant to Item 405 of
Regulation S-B is not contained in this form, and no disclosure will be
contained, to the best of registrant's knowledge, in definitive proxy or
information statements incorporated by reference in Part III of this Form 10-KSB
or any amendment to this Form 10-KSB. [ ]
The issuer's revenues for its most recent fiscal year were: $12,105,127
The aggregate market value of the voting stock held by non-affiliates
of the registrant as of February 27, 2004 was $7,137,064.40, based on the
closing price for the issuer's Common Stock on such date as reported on the
Nasdaq SmallCap Market. For purposes of determining this number, all officers
and directors of the issuer are considered to be affiliates of the issuer, as
well as individual stockholders holding more than 10% of the issuer's
outstanding Common Stock. This number is provided only for the purpose of this
report on Form 10-KSB and does not represent an admission by either the issuer
or any such person as to the status of such person.
State the number of shares outstanding of each of the issuer's classes
of common equity, as of the latest practical date: Common Stock, $.10 par value
- - 1,251,454 issued and outstanding as of February 27, 2004.
Transitional Small Business Disclosure Format (check one): Yes [ ] No
[X]
This Annual Report on Form 10-KSB contains forward-looking statements
within the meaning of the safe harbor provisions of Section 21E of the
Securities Exchange Act of 1934, as amended, relating to future events or the
future financial performance of the Company. Forward-looking statements are only
predictions or statements of intention subject to risks and uncertainties and
actual events or results could differ materially from those projected. Factors
that could cause actual results to differ include the risks, uncertainties and
other matters set forth below under the caption "Factors that May Affect Future
Results" and the matters set forth under the captions "Business" and
"Management's Discussion and Analysis of Financial Condition and Results of
Operations," as well as those discussed elsewhere in this Annual Report on Form
10-KSB.
DOCUMENTS INCORPORATED BY REFERENCE
Portions of the Company's definitive proxy statement for its 2004
Annual Meeting of Shareholders are incorporated by reference in Part III.
PART I
ITEM 1. BUSINESS
GENERAL
IKONICS Corporation ("IKONICS" or the "Company") was incorporated in
Minnesota as Chroma-Glo, Inc. in 1952 and changed its name to The Chromaline
Corporation in 1982. In December 2002, the Company changed its name to IKONICS
Corporation. The Company develops, manufactures and sells light sensitive liquid
coatings ("emulsions") and films, as well as ink jet receptive films for
commercial and industrial applications in the United States and abroad. The
Company also markets ancillary chemicals, equipment and other consumables to
provide a full line of products and services to its customers. The Company's
products serve the screen printing and abrasive etching markets. The screen
printing products represent the Company's largest product line. These products
are used by screen printers to create stencil images. These images produce basic
designs for fabric decoration and product identification, as well as complex
designs for compact discs and electronic circuits. The abrasive etching products
are used by consumers to create architectural glass, art pieces and awards and
in various industrial applications. The Company also sells a line of ink jet
receptive films used for the creation of photopositives and photonegatives. Over
90% of the Company's products are consumables.
PRODUCTS
IKONICS' core technology is the use of photochemicals to create and
transfer images. This technology is similar to photographic film technology
except that the Company uses organic polymers or natural protein rather than
silver to make the product photo-reactive ("light sensitive"). The products
IKONICS targets at the screen printing industry are light sensitive films and
light sensitive emulsions used by customers to create an image on a printing
screen; the equivalent of a printing plate in other types of printing processes.
In the abrasive etching market, the Company's products are also films and
emulsions. These products are used to create a stencil by decorators of glass
and other hard surfaces, including crystal, marble, metals, wood, stone and
plastics. The stencil is applied directly to the article to be decorated by the
sand blasting process through a self-adhesive feature or with a separate
adhesive. The open areas of the stencil permit the sand blast grit to erode the
surface while the closed areas of the stencil repel the sand blast grit,
protecting areas of the surface being decorated.
All of IKONICS' light sensitive products are sensitive to ultraviolet
radiation. The Company uses different chemicals to create sensitivity to light,
including a molecule which it developed internally and patented.
DISTRIBUTION
The Company currently has approximately 140 domestic and international
distributors. IKONICS sells its products through non-exclusive distributors in
competitive markets, such as the United States, Canada, Mexico and Europe. The
Company has exclusive distribution arrangements in markets such as South and
Central America, Australia, South Africa, Canada, India and other Asian
countries. The Company also sells its products through direct sales to certain
end users who do not require the services of a distributor or dealer to service
their account. In addition, IKONICS markets and sells its products through
magazine advertising, trade shows and the internet.
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IKONICS has a diverse customer base both domestically and abroad and
does not depend on one or a few customers for a material portion of its
revenues.
QUALITY CONTROL IN MANUFACTURING
In March 1994, IKONICS became the first firm in northern Minnesota to
receive ISO 9001 certification. ISO 9000 is a series of worldwide standards
issued by the International Organization for Standardization that provide a
framework for quality assurance. ISO 9001 is the most comprehensive standard of
the ISO 9000 series. The Company was recertified in 1997, 1999 and 2002.
IKONICS' quality function goal is to train all employees properly in both their
work and in the importance of their work. Internal records of quality-related
graphs and tables are reviewed regularly and discussions are held among
management and employees regarding how improvements might be realized. The
Company has rigorous materials selection procedures and also uses environmental
testing and screen print equipment tailored to fit customers' needs.
RESEARCH AND DEVELOPMENT/INTELLECTUAL PROPERTY
IKONICS spent 5.2% of sales ($632,000) on research and development in
2003 and 6.0% ($706,000) in 2002. In its research program, IKONICS has developed
unique light sensitive molecules which have received two U.S. patents. These
patents expire in 2011 and 2014, respectively. In addition, the Company holds a
number of other patents related to its photopolymer chemistry that expire
between 2003 and 2023. The Company also has six United States patent
applications pending. There can be no assurance that any patent granted to the
Company will provide adequate protection to the Company's intellectual property.
Within IKONICS, steps are taken to protect the Company's trade secrets,
including physical security, confidentiality and non-competition agreements with
employees and confidentiality agreements with vendors. In its product
development program, IKONICS is fully equipped to simulate customer uses of its
products. The Company's facilities include a walk-in environmental chamber which
simulates customer uses and storage conditions of IKONICS products for different
climatic zones.
In addition to its patents, the Company has various trademarks
including the "Chromaline," "PhotoBrasive" and "Nichols" trademarks.
RAW MATERIALS
The primary raw materials used by IKONICS in its production are
photopolymers, polyester films, polyvinylacetates, polyvinylalcohols and water.
The Company purchases raw materials from a variety of domestic and foreign
sources with no one supplier being material to the Company. The purchasing staff
at the Company's headquarters leads in the identification of both domestic and
foreign sources for raw materials and negotiates price and terms for all
domestic and foreign markets. IKONICS' involvement in foreign markets has given
it the opportunity to become a global buyer of raw materials at lower overall
cost than it had previously enjoyed. The Company has a number of suppliers and
no one supplier is essential to the Company's operations. To date, there have
been no significant shortages of raw materials and alternative sources are
available. The Company believes it has good supplier relations.
COMPETITION
The Company competes in its markets based on product development
capability, quality, reliability, availability, technical support and price. The
screen printing market is much larger than the decorative sand blasting market,
however, the abrasive etching market is currently experiencing faster growth.
IKONICS has two primary competitors in its screen printing film business, both
of which are foreign-owned entities. They are larger than IKONICS and possess
greater resources than the Company in many areas. The Company has numerous
competitors in the market for screen print emulsions many of whom are larger
than IKONICS and possess greater resources. The market for the Company's
abrasive etching products has one significant competitor. IKONICS considers
itself to the leader in this market.
3
GOVERNMENT REGULATION
The Company is subject to a variety of federal, state and local
industrial laws and regulations, including those relating to the discharge of
material into the environment and protection of the environment. The
governmental authorities primarily responsible for regulating the Company's
environmental compliance are the Environmental Protection Agency, the Minnesota
Pollution Control Agency and the Western Lake Superior Sanitary District.
Failure to comply with the laws promulgated by these authorities may result in
monetary sanctions, liability for environmental clean-up and other equitable
remedies. To maintain compliance, the Company may make occasional changes in its
waste generation and disposal procedures.
These laws and regulations have not had a material effect upon the
capital expenditures or competitive position of the Company. The Company
believes that it complies in all material respects with the various federal,
state and local regulations that apply to its current operations. Failure to
comply with these regulations could have a negative impact on the Company's
operations and capital expenditures and such negative impact could be
significant.
EMPLOYEES
As of February 6, 2004, the Company had approximately 70 full-time
employees, 66 of whom are located at the Company's headquarters in Duluth,
Minnesota and four of whom are outside technical sales representatives in
various locations around the United States. None of the Company's employees are
subject to a collective bargaining agreement and the Company believes that its
employee relations are good.
4
ITEM 2. PROPERTY
The Company primarily conducts its operations in Duluth, Minnesota. The
administrative, sales, research and development, quality and manufacturing
activities are housed in a 60,000 square-foot, four-story building, including a
basement level. The building is approximately seventy years old and has been
maintained in good condition. Shipping and distribution for the Company operates
from a 5,625 square-foot warehouse adjacent to the existing plant building that
was constructed in 1997. These facilities are owned by the Company with no
existing liens or leases. The Company also leases warehouse space at two
locations in Superior, Wisconsin.
ITEM 3. LEGAL PROCEEDINGS
None.
ITEM 4. SUBMISSION OF MATTERS TO A VOTE OF SECURITY HOLDERS
No matters were submitted to a vote of security holders by the
registrant during the fourth quarter of the fiscal year covered by this report.
5
PART II
ITEM 5. MARKET FOR COMMON EQUITY AND RELATED STOCKHOLDER MATTERS
The Company's Common Stock is traded on the Nasdaq SmallCap Market
under the symbol IKNX. The following table sets forth, for the fiscal quarters
indicated, the high and low bid prices for the Company's Common Stock as
reported on both markets for the periods indicated. The quotations reflect
inter-dealer prices without retail mark-up, mark-down or commission, and may not
represent actual transactions.
HIGH LOW
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FISCAL YEAR ENDED DECEMBER 31, 2003:
First Quarter............................................................ $6.25 $3.05
Second Quarter........................................................... 5.78 3.90
Third Quarter............................................................ 6.25 4.92
Fourth Quarter........................................................... 8.34 5.55
FISCAL YEAR ENDED DECEMBER 31, 2002:
First Quarter............................................................ $3.25 $2.95
Second Quarter........................................................... 3.27 3.00
Third Quarter............................................................ 3.49 2.85
Fourth Quarter........................................................... 5.10 3.25
As of February 27, 2004, the Company had approximately 580 shareholders
of record. The Company has never declared or paid any dividends on its Common
Stock.
ITEM 6. MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS
OF OPERATIONS
The following management discussion and analysis focuses on those
factors that had a material effect on the Company's financial results of
operations and financial condition during 2003 and 2002 and should be read in
connection with the Company's audited financial statements and notes thereto for
the years ended December 31, 2003 and 2002.
FACTORS THAT MAY AFFECT FUTURE RESULTS
Certain statements made in this Annual Report on Form 10-KSB, including
those summarized below, are forward-looking statements within the meaning of the
safe harbor provisions of Section 21E of the Securities Exchange Act of 1934, as
amended, that involve risks and uncertainties, and actual results may differ.
Factors that could cause actual results to differ include those identified
below.
- The Company's belief that the quality of its receivables is
high and that strong internal controls are in place to
maintain proper collections--This belief may be impacted by
domestic economic conditions, by economic, political,
regulatory or social conditions in foreign markets, or by the
failure of the Company to properly implement or maintain
internal controls.
- The belief that the Company's current financial resources,
cash generated from operations and the Company's capacity for
debt and/or equity financing will be sufficient to fund
current and anticipated business operations and capital
expenditures. The belief that the Company's low debt levels
and available line of credit make it unlikely that a decrease
in product demand would impair the Company's ability to fund
operations--Changes in anticipated operating results, credit
availability, equity market conditions or the Company's debt
levels may further enhance or inhibit the Company's ability to
maintain or raise appropriate levels of cash.
- The Company's expectation that capital expenditures will be
funded with cash generated from operating activities--This
expectation may be affected by changes in the Company's
anticipated capital expenditure requirements resulting from
unforeseen required maintenance or repairs. The funding of
6
planned or unforeseen expenditures may also be affected by
changes in anticipated operating results resulting from
decreased sales or increased operating expenses.
- The Company's belief that its vulnerability to foreign
currency fluctuations and general economic conditions in
foreign countries is not significant--This belief may be
impacted by economic, political and social conditions in
foreign markets and changes in regulatory and competitive
conditions or a change in the amount or geographic focus of
the Company's international sales.
- The Company's plans to continue to invest in research and
development efforts, expedite internal product development and
invest in technological alliances, as well as the expected
focus and results of such investments--These plans and
expectations may be impacted by general market conditions,
unanticipated changes in expenses or sales, delays in the
development of new products, technological advances, the
ability to find suitable and willing technology partners or
other changes in competitive or market conditions.
- The Company's efforts to grow its international
business--These efforts may be impacted by economic, political
and social conditions in current and anticipated foreign
markets, regulatory conditions in such markets, unanticipated
changes in expenses or sales, changes in competitive
conditions or other barriers to entry or expansion.
- The Company's belief as to future activities that may be
undertaken to expand the Company's business--Actual activities
undertaken may be impacted by general market conditions,
competitive conditions in the Company's industry,
unanticipated changes in the Company's financial position or
the inability to identify attractive acquisition targets or
other business opportunities.
CRITICAL ACCOUNTING POLICIES
The Company prepares the financial statements in conformity with
accounting principles generally accepted in the United States of America.
Therefore, the Company is required to make certain estimates, judgments and
assumptions that the Company believes are reasonable based upon the information
available. These estimates and assumptions affect the reported amounts of assets
and liabilities at the date of the financial statements and the reported amounts
of revenues and expenses during the periods presented. The accounting policies,
which IKONICS believes are the most critical to aid in fully understanding and
evaluating its reported financial results, include the following:
Accounts Receivable. The Company performs ongoing credit evaluations of
its customers and adjusts credit limits based upon payment history and the
customer's current credit worthiness, as determined by review of the current
credit information. The Company continuously monitors collections and payments
from its customers and maintains a provision for estimated credit losses based
upon historical experience and any specific customer collection issues that have
been identified. While such credit losses have historically been within
expectations and the provisions established, the Company cannot guarantee that
it will continue to experience the same collection history that has occurred in
the past. The general payment terms are net 30-45 days for domestic customers
and net 60-90 days for foreign customers.
Inventory. Inventories are valued at the lower rate of cost or market
value using the last in, first out (LIFO) method. The Company monitors its
inventory for obsolescence and records reductions in cost when required.
Deferred Tax Assets. At December 31, 2003, the Company had
approximately $194,000 of deferred tax assets. The deferred tax assets result
primarily due to timing differences in intangible assets and property and
equipment. The Company has recorded a $46,000 valuation allowance to reserve for
items that will more likely than not be realized. The Company has determined
that it is more likely than not that the remaining deferred tax assets will be
realized and that an additional valuation allowance for such assets is not
currently required.
Revenue Recognition - The Company recognizes revenue on products when
title passes, which is usually upon shipment. Freight billed to customers is
included in sales. Shipping costs are included in cost of goods sold.
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RESULTS OF OPERATIONS
YEAR ENDED DECEMBER 31, 2003 COMPARED TO YEAR ENDED DECEMBER 31, 2002
Sales. The Company's net sales increased 2.6% to $12.1 million in 2003,
compared to net sales of $11.8 million in 2002. Sales in the United States
increased 1.8% to $8.2 million in 2003, from $8.0 million in 2002. Sales in the
United States slightly increased as a result of an improvement in the general
economic climate. International sales increased 4.3% to $3.9 million from $3.8
million in 2002.
Cost of Goods Sold. Cost of goods sold was $6.6 million, or 54.5% of
sales, in 2003 and $6.8 million, or 57.7% of sales, in 2002. The decrease in
cost of goods sold reflects an improved product mix across all geographic areas
and lower costs for some raw materials. The Company also ended sales to certain
marginally profitable customers at the beginning of 2003.
Selling, General and Administrative Expenses. Selling, general and
administrative expenses increased to $4.2 million, or 34.5% of sales, in 2003
from $3.8 million, or 32.5% of sales, in 2002. The increase reflects a
contingent liability for unpaid state sales tax, higher sales and marketing
expenses, including costs to set up a training facility in Singapore, and bad
debt expense.
Research and Development Expenses. Research and development expenses
were $632,000, or 5.2% of sales, in 2003 compared to $706,000, or 6.0% of sales,
in 2002. The reduction was due to lower patent legal fees, lower travel expenses
and lower production trial costs.
Loss on Investment. The Company wrote down the value of its investment
in Apprise Technologies ("Apprise") by $75,000 during the second quarter of
2003. This write down occurred because the latest issuance price per share of
Apprise was below the value carried on the Company's books.
Interest Income. Interest income increased to $16,000 in 2003, compared
to $13,000 for 2002. The higher interest income is due to the growing amount of
invested funds. Interest is earned primarily from government obligation revenue
bonds of various municipalities and school districts.
Income Taxes. Income taxes were $129,000, or an effective rate of
20.3%, for 2003 compared to $101,000, or an effective rate of 21.9%, for 2002.
The lower effective tax rate during 2003 relates to an increase in tax benefits
of the extraterritorial income exclusion on foreign sales.
LIQUIDITY AND CAPITAL RESOURCES
The Company has financed its operations principally with funds
generated from operations. These funds have been sufficient to cover the
Company's normal operating expenditures, annual capital requirements, and
research and development expenditures.
Cash and cash equivalents were $1,508,000 and $384,000 at December 31,
2003 and December 31, 2002, respectively. The Company generated $1,401,000 in
cash from operating activities during 2003 compared to the generation of
$249,000 in cash from operating activities during the same period in 2002. Cash
provided by operating activities is primarily the result of net income adjusted
for non-cash depreciation, amortization, loss on investment, provision for
doubtful accounts, and certain changes in working capital components.
During 2003, trade receivables increased by $7,000, net of the
allowance for doubtful accounts. The increase in receivables was driven by
moderately higher sales. The Company believes that the quality of its
receivables is high and that strong internal controls are in place to maintain
proper collections. Inventory levels increased by $35,000, reflecting higher raw
material levels. Accounts payable decreased by $52,000, reflecting timing of
payments to suppliers. Accrued expenses increased by $207,000 due to probable
future sales tax payments and the timing of payroll.
The Company used $277,000 and $336,000 in cash for investing activities
during 2003 and 2002, respectively. During 2003, the Company spent $245,000 on
the following: plant equipment upgrades to improve efficiency and reduce
operating costs, additions to the Company's business software, improvements to
the
8
Company's trade show booths and construction costs on the leased training
facility in Singapore. The Company also incurred $60,000 in patent application
costs that it records as an asset and amortizes upon successful completion of
the application process. During 2002, the Company purchased $250,000 in capital
equipment and business software and spent $123,000 on patent application costs
and on a license for technology applicable to its abrasive etching business.
During 2003 the Company purchased $84,000 in marketable securities and sold
$106,000 in marketable securities.
During 2002, the Company repurchased 23,500 shares of its outstanding
Common Stock for $72,000.
A bank line of credit exists providing for borrowings of up to
$1,250,000. Outstanding debt under this line of credit is collateralized by
accounts receivable and inventory and bears interest at 2.25 percentage points
over the 30-day LIBOR rate. The Company did not utilize this line of credit
during the year and there was no debt outstanding under this line as of December
31, 2003. The Company made a $150,000 draw on this line of credit on June 20,
2002, primarily to cover a royalty payment to Aicello. The Company repaid this
draw within a short period of time, utilizing cash from operations.
The Company believes that current financial resources, its line of
credit, cash generated from operations and the Company's capacity for debt
and/or equity financing will be sufficient to fund current and anticipated
business operations. The Company also believes that its low debt levels and
available line of credit make it unlikely that a decrease in demand for the
Company's products would impair the Company's ability to fund operations.
CAPITAL EXPENDITURES
The Company spent $245,000 on capital expenditures during 2003. This
spending included plant equipment upgrades to improve efficiency and safety,
additions to the Company's business software, vehicles, improvements to the
Company's trade show booths and construction costs on the leased training
facility in Singapore.
Commitments for capital expenditures include ongoing manufacturing
equipment upgrades, development equipment to modernize the capabilities and
processes of IKONICS' laboratory, and research and development to improve
measurement and quality control processes. These commitments are expected to be
funded with cash generated from operating activities.
INTERNATIONAL ACTIVITY
The Company markets its products to over 80 countries in North America,
Europe, Latin America, Asia and other parts of the world. Foreign sales were
approximately 32% of total sales during 2003 and 2002. Foreign sales in 2003
reflected higher sales to China and a decrease in sales to India. Fluctuations
of certain foreign currencies have not significantly impacted the Company's
operations because the Company's foreign sales are not concentrated in any one
region of the world. The Company believes its vulnerability to uncertainties due
to foreign currency fluctuations and general economic conditions in foreign
countries is not significant.
Substantially all of the Company's foreign transactions are negotiated,
invoiced and paid in U.S. dollars. A portion of the Company's foreign sales are
invoiced and paid in Eurodollars. IKONICS has not implemented a hedging strategy
to reduce the risk of foreign currency translation exposures, which management
does not believe to be significant based on the scope and geographic diversity
of the Company's foreign operations as of December 31, 2003.
FUTURE OUTLOOK
IKONICS has invested on average over 6% of its sales dollars for the
past several years in research and development. The Company plans to maintain
its efforts in this area and expedite internal product development as well as
form technological alliances with outside experts to ensure commercialization of
new product opportunities.
9
In addition to its traditional emphasis on domestic markets, the
Company will continue efforts to grow its business internationally by attempting
to develop new markets and expanding market share where it has already
established a presence.
Other future activities undertaken to expand the Company's business may
include acquisitions, building expansion and additions, equipment additions, new
product development and marketing opportunities.
RECENT ACCOUNTING PRONOUNCEMENTS
In April 2003, the FASB issued SFAS No. 149, "Amendment of Statement
133 on Derivative Instruments and Hedging Activities" (FAS 149). FAS 149 amends
and clarifies financial accounting and reporting for derivative instruments
including certain derivative instruments embedded in other contracts and for
hedging activities under FAS 133. FAS 149 is effective for contracts entered
into or modified after June 30, 2003 and for hedging relationships designated
after June 30, 2003. The adoption of this statement did not have a material
impact on the Company's financial statements.
In May 2003, the FASB issued SFAS No. 150, "Accounting for Certain
Financial Instruments with Characteristics of both Liabilities and Equity" (FAS
150). FAS 150 clarifies the accounting for certain financial instruments and
characteristics of both liabilities and equity and requires that those
instruments be classified as liabilities in statements of financial position.
Previously, many of these financial instruments were classified as equity. FAS
150 is effective for all financial instruments entered into or modified after
May 31, 2003 and is otherwise effective at the beginning of the first interim
period after June 15, 2003. The adoption of this statement did not have a
material impact on the Company's financial statements.
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ITEM 7. FINANCIAL STATEMENTS
INDEPENDENT AUDITOR'S REPORT
Stockholders and Board of Directors
IKONICS Corporation
Duluth, Minnesota
We have audited the accompanying balance sheets of IKONICS Corporation as of
December 31, 2003 and 2002, and the related statements of operations,
stockholders' equity and cash flows for the years then ended. These financial
statements are the responsibility of the Company's management. Our
responsibility is to express an opinion on these financial statements based on
our audits.
We conducted our audits in accordance with auditing standards generally accepted
in the United States of America. Those standards require that we plan and
perform the audit to obtain reasonable assurance about whether the financial
statements are free of material misstatement. An audit includes examining, on a
test basis, evidence supporting the amounts and disclosures in the financial
statements. An audit also includes assessing the accounting principles used and
significant estimates made by management, as well as evaluating the overall
financial statement presentation. We believe that our audits provide a
reasonable basis for our opinion.
In our opinion, the financial statements referred to above present fairly, in
all material respects, the financial position of IKONICS Corporation as of
December 31, 2003 and 2002, and the results of its operations and its cash flows
for the years then ended in conformity with accounting principles generally
accepted in the United States of America.
/s/ McGladrey & Pullen, LLP
Duluth, Minnesota
February 6, 2004
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IKONICS CORPORATION
BALANCE SHEETS
DECEMBER 31, 2003 AND 2002
2003 2002
ASSETS
Current Assets:
Cash and cash equivalents $1,507,794 $ 384,107
Marketable securities 221,907 246,094
Trade receivables, less allowance for doubtful accounts of $100,000 1,859,480 1,933,769
in 2003 and 2002
Inventories (Note 1) 1,807,233 1,771,905
Prepaid expenses and other assets 73,260 89,937
Income tax refund receivable 0 122,469
Deferred taxes (Note 3) 128,000 82,000
---------- ----------
Total current assets 5,597,674 4,630,281
PROPERTY, PLANT, AND EQUIPMENT, at cost:
Land and building 1,406,377 1,355,588
Machinery and equipment 2,337,166 2,231,478
Office equipment 1,185,098 1,144,564
Vehicles 191,628 167,102
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5,120,269 4,898,732
Less accumulated depreciation 4,010,110 3,694,105
---------- ----------
1,110,159 1,204,627
INTANGIBLE ASSETS, less accumulated amortization of $85,154 in
2003 and $60,966 in 2002 (Note 4) 308,017 271,751
DEFERRED TAXES (Note 3) 66,000 118,000
OTHER ASSETS (Note 1) 112,834 187,500
---------- ----------
$7,194,684 $6,412,159
========== ==========
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LIABILITIES AND STOCKHOLDERS' EQUITY
CURRENT LIABILITIES:
Accounts payable $ 264,744 $ 317,229
Accrued compensation 227,318 204,624
Other accrued expenses 207,506 23,643
Income taxes payable 126,766 0
----------- -----------
Total current liabilities 826,334 545,496
STOCKHOLDERS' EQUITY:
Preferred stock, par value $.10 per share; authorized 250,000 shares;
issued none
Common stock, par value $.10 per share; authorized 4,750,000 shares;
issued and outstanding 1,248,127 shares-2003 and 2002 124,813 124,813
Additional paid-in capital 1,269,489 1,269,489
Retained earnings 4,987,311 4,483,895
Accumulated other comprehensive loss (13,263) (11,534)
----------- -----------
Total stockholders' equity 6,368,350 5,866,663
----------- -----------
$ 7,194,684 $ 6,412,159
=========== ===========
See notes to financial statements.
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IKONICS CORPORATION
STATEMENTS OF OPERATIONS
YEARS ENDED DECEMBER 31, 2003 AND 2002
2003 2002
NET SALES $ 12,105,127 $ 11,797,279
COSTS AND EXPENSES:
Cost of goods sold 6,601,263 6,808,130
Selling, general and administrative 4,181,486 3,835,097
Research and development 631,658 706,343
------------ ------------
11,414,407 11,349,570
------------ ------------
INCOME FROM OPERATIONS 690,720 447,709
LOSS ON INVESTMENT (74,666) 0
INTEREST INCOME 16,362 13,108
------------ ------------
INCOME BEFORE INCOME TAXES 632,416 460,817
FEDERAL AND STATE INCOME TAXES (Note 3) 129,000 101,000
------------ ------------
NET INCOME $ 503,416 $ 359,817
============ ============
EARNINGS PER SHARE:
Basic $ 0.40 $ 0.29
============ ============
Diluted $ 0.40 $ 0.29
============ ============
WEIGHTED AVERAGE COMMON SHARES
ASSUMED OUTSTANDING:
Basic 1,248,127 1,252,020
============ ============
Diluted 1,263,404 1,252,809
============ ============
See notes to financial statements.
14
IKONICS CORPORATION
STATEMENTS OF STOCKHOLDERS' EQUITY
YEARS ENDED DECEMBER 31, 2003 AND 2002
ACCUMULATED
OTHER
ADDITIONAL COMPREHENSIVE
COMMON STOCK PAID-IN RETAINED INCOME TOTAL
SHARES AMOUNT CAPITAL EARNINGS (LOSS) EQUITY
-----------------------------------------------------------------------------
BALANCE AT DECEMBER 31, 2001 1,271,627 $ 127,163 $ 1,293,460 $ 4,170,246 $ (10,829) $ 5,580,040
Net income 359,817 359,817
Unrealized loss on available-for-sale investments (705) (705)
-----------
Total comprehensive income 359,112
Purchase and retirement of 23,500 shares
of common stock (23,500) (2,350) (23,971) (46,168) (72,489)
--------- ---------- ------------ ------------ ---------- -----------
BALANCE AT DECEMBER 31, 2002 1,248,127 124,813 1,269,489 4,483,895 (11,534) 5,866,663
Net income 503,416 503,416
Unrealized loss on available-for-sale investments (1,729) (1,729)
-----------
Total comprehensive income 501,687
--------- ---------- ------------ ------------ ---------- -----------
BALANCE AT DECEMBER 31, 2003 1,248,127 $ 124,813 $ 1,269,489 $ 4,987,311 $ (13,263) $ 6,368,350
========= ========== ============ ============ ========== ===========
See notes to financial statements.
15
IKONICS CORPORATION
STATEMENTS OF CASH FLOWS
YEARS ENDED DECEMBER 31, 2003 AND 2002
2003 2002
CASH FLOWS FROM OPERATING ACTIVITIES:
Net income $ 503,416 $ 359,817
Adjustments to reconcile net income to net cash provided by
operating activities:
Depreciation 339,041 314,364
Amortization 24,188 18,178
Gain on sale of property and equipment (5,500) (13,116)
Loss on investment 74,666 0
Provision for doubtful accounts 81,254 60,183
Deferred income taxes 6,000 81,000
Changes in working capital components:
(Increase) decrease in:
Trade receivables (6,965) (520,970)
Inventories (35,328) (166,235)
Prepaid expenses and other assets 16,677 28,241
Income taxes refund receivable 122,469 10,561
(Decrease) increase in:
Accounts payable (52,485) 19,673
Accrued expenses 206,557 57,421
Income taxes payable 126,766 0
----------- -----------
Net cash provided by operating activities 1,400,756 249,117
CASH FLOWS FROM INVESTING ACTIVITIES:
Purchase of property and equipment (244,573) (250,366)
Proceeds on sale of property and equipment 5,500 47,250
Purchase of intangibles (60,454) (123,439)
Purchases of marketable securities (83,980) (9,645)
Proceeds from sale of marketable securities 106,438 0
----------- -----------
Net cash used in investing activities (277,069) (336,200)
CASH FLOWS FROM FINANCING ACTIVITIES:
Repurchase of company stock 0 (72,489)
----------- -----------
NET INCREASE (DECREASE) IN CASH AND CASH EQUIVALENTS 1,123,687 (159,572)
CASH AND CASH EQUIVALENTS AT BEGINNING OF YEAR 384,107 543,679
----------- -----------
CASH AND CASH EQUIVALENTS AT END OF YEAR $ 1,507,794 $ 384,107
=========== ===========
SUPPLEMENTAL DISCLOSURE OF CASH FLOW INFORMATION -
Cash paid (refunded) for income taxes $ (126,514) $ (5,472)
=========== ===========
Cash paid for interest $ 0 $ 503
=========== ===========
See notes to financial statements.
16
IKONICS CORPORATION
NOTES TO FINANCIAL STATEMENTS
YEARS ENDED DECEMBER 31, 2003 AND 2002
1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Description of Business - IKONICS Corporation (the Company) develops
and manufactures high-quality photochemical imaging systems for sale
primarily to a wide range of printers and decorators of surfaces.
Customers' applications include textiles, billboards, electronics,
glassware, fine china, and many other industrial and commercial
applications. The Company's principal markets are throughout the United
States. In addition, the Company sells to Western Europe, Latin
America, Asia, and other parts of the world. The Company extends credit
to its customers, all on an unsecured basis, on terms that it
establishes for individual customers.
Fifty-three percent and forty-four percent, respectively, of the
Company's accounts receivable at December 31, 2003 and 2002 are due
from foreign customers. The foreign receivables are composed primarily
of open credit arrangements with terms ranging from 45 to 90 days. No
receivable from a single customer exceeded 10% of total receivables at
December 31, 2003 or December 31, 2002. No single customer represented
greater than 10% of total revenue in 2003. One customer accounted for
17.6% of total receivables at December 31, 2002.
A summary of the Company's significant accounting policies follows:
Cash Equivalents - The Company considers all highly liquid debt
instruments purchased with a maturity of three months or less to be
cash equivalents. Cash equivalents consist of putable variable rate
municipal bonds backed by a letter of credit and money market funds in
which carrying value of both instruments approximates market value
because of the short maturity of these instruments.
Marketable Securities - Marketable securities are classified as
available-for-sale securities and consist primarily of municipal
revenue bonds that will be held for indefinite periods of time,
including securities that may be sold in response to changes in market
interest or prepayment rates, needs for liquidity, or changes in the
availability or yield of alternative investments. These securities are
carried at fair market value with changes in fair value recorded in
comprehensive income.
The majority of these municipal bonds have been in a continuous loss
position for over 12 months. The fair value of municipal bonds that
have been in continuous loss for 12 months or more at December 31, 2003
is $116,840 with unrealized losses of $13,022. The fair value of
municipal bonds that have been in continuous loss for less than 12
months at December 31, 2003 is $56,920 with unrealized losses of
$1,337. The unrealized losses are generally due to changes in interest
rates, and as such, are considered to be temporary, by the Company.
Trade Receivables - Trade receivables are carried at original invoice
amount less an estimate made for doubtful receivables based on a review
of all outstanding amounts on an on-going basis. Management determines
the allowance for doubtful accounts by regularly evaluating individual
customer receivables and considering a customer's financial condition,
credit history, and current economic conditions. Trade receivables are
written off when deemed uncollectible. Recoveries of trade receivables
previously written off are recorded when received. Accounts are
considered past due if payment is not received according to agreed-upon
terms.
17
Inventories - Inventories are stated at the lower of cost or market
using the last-in, first-out (LIFO) method. If the first-in, first-out
cost method had been used, inventories would have been approximately
$264,000 and $224,000 higher than reported at December 31, 2003 and
2002, respectively. The major components of inventories are as follows:
2003 2002
Raw materials $ 928,949 $ 735,006
Work-in-progress 231,269 257,813
Finished goods 911,419 1,003,342
Reduction to LIFO cost (264,404) (224,256)
------------- -------------
Total inventories $ 1,807,233 $ 1,771,905
============= =============
Depreciation - Depreciation of property and equipment is computed using
the straight-line method over the following estimated useful lives:
Years
Building 15-40
Machinery and equipment 5-10
Office equipment 5-10
Vehicles 3
Intangibles Assets - Intangible assets consist primarily of patents,
licenses and covenants not to compete arising from business
combinations. Intangible assets are amortized on a straight-line basis
over their estimated useful lives or terms of their agreement.
Other Assets - Other assets consist of a $112,834 equity investment in
Apprise Technologies, Inc. This investment is accounted for on the cost
method. During the second quarter of 2003, the Company wrote down the
value of its investment in Apprise Technologies, Inc. by $74,666. The
latest issuance price for shares of Apprise was below the value carried
on the Company's books. One of the Company's directors is the CEO of
Apprise Technologies, Inc.
Impairment of Long-Lived Assets - Management periodically reviews the
carrying value of long-term assets for potential impairment by
comparing the carrying value of these assets to the estimated
undiscounted future cash flows expected to result from the use of these
assets. Should the sum of the related, expected future net cash flows
be less than the carrying value, an impairment loss would be measured.
An impairment loss would be measured by the amount by which the
carrying value of the asset exceeds the fair value of the asset with
fair value being determined using discounted cash flows. To date,
management has determined that no impairment of these assets exists.
Revenue Recognition - The Company recognizes revenue on products when
title passes, which is usually upon shipment. Freight billed to
customers is included in sales. Shipping costs are included in cost of
goods sold.
Deferred Taxes - Deferred taxes are provided on a liability method
whereby deferred tax assets are recognized for deductible temporary
differences. Operating loss and tax credit carryforwards and deferred
tax liabilities are recognized for taxable temporary differences.
Temporary differences are the differences between the reported amounts
of assets and liabilities and their tax bases. Deferred tax assets are
reduced by a valuation allowance when, in the opinion of management, it
is more likely than not that some portion or all of the deferred tax
assets will not be realized. Deferred tax assets and liabilities are
adjusted for the effects of changes in tax laws and rates on the date
of enactment.
18
Comprehensive Income - The Company's comprehensive income consists of
net income and unrealized gains and losses on marketable securities,
net of taxes.
Earnings Per Common Share (EPS) - Basic EPS is calculated using net
income divided by the weighted average of common shares outstanding
during the year. Diluted EPS is similar to Basic except that the
weighted average of common shares outstanding is increased to include
the number of additional common shares that would have been outstanding
if the dilutive potential common shares, such as options, had been
issued.
Shares used in the calculation of diluted EPS are summarized below:
2003 2002
Weighted average common shares outstanding 1,248,127 1,252,020
Dilutive effect of stock options 15,277 789
--------- ---------
Weighted average common and common equivalent shares outstanding 1,263,404 1,252,809
========= =========
Options to purchase 168,108 and 150,029 shares of common stock were
outstanding as of the years ended December 31, 2003 and 2002,
respectively.
Employee Stock Plan - The Company has a stock-based compensation plan,
which is described more fully in Note 7. The Company accounts for this
plan under the recognition and measurement principles of APB Opinion
No. 25, Accounting for Stock Issued to Employees, and related
interpretations. Accordingly, no stock-based employee compensation cost
has been recognized, as all options granted under the plan had an
exercise price equal to the market value of the underlying common stock
on the date of grant. The following table illustrates the effect on net
income and earnings per share had compensation cost been determined
based on the grant date fair values of awards (the method described in
FASB Statement No. 123, Accounting for Stock-Based Compensation):
Years Ended December 31,
--------------------------------
2003 2002
Net income:
As reported $ 503,416 $ 359,817
Deduct total stock-based employee compensation expense determined
under fair value based method for all awards 79,377 110,365
----------- -----------
Pro forma $ 424,039 $ 249,452
----------- -----------
Basic earnings per share:
As reported $ 0.40 $ 0.29
Pro forma $ 0.34 $ 0.20
Diluted earnings per share:
As reported $ 0.40 $ 0.29
Pro forma $ 0.34 $ 0.20
Use of Estimates - The preparation of the financial statements in
conformity with accounting principles generally accepted in the United
States of America requires management to make estimates and assumptions
that affect the reported amounts of assets and liabilities and
disclosure of contingent assets and liabilities at the date of the
financial statements and the reported amounts of revenues and expenses
during the reporting period. Actual results could differ from those
estimates.
19
Foreign Operations - The Company markets in Europe, Latin America,
Asia, and other parts of the world. Foreign sales approximated 32%
total sales in 2003 and 2002.
Line of Credit - The Company has a $1,250,000 bank line of credit that
provides for working capital financing. This line of credit is subject
to annual renewal on each May 1, is collateralized by trade receivables
and inventory, and bears interest at 2.25% points over 30-day LIBOR.
There was no outstanding balance at December 31, 2003 and 2002.
Accounting Pronouncements - In April 2003, the FASB issued SFAS No.
149, "Amendment of Statement 133 on Derivative Instruments and Hedging
Activities" (FAS 149). FAS 149 amends and clarifies financial
accounting and reporting for derivative instruments including certain
derivative instruments embedded in other contracts and for hedging
activities under FAS 133. FAS 149 is effective for contracts entered
into or modified after June 30, 2003 and for hedging relationships
designated after June 30, 2003. The adoption of this statement did not
have a material impact on the Company's financial statements.
In May 2003, the FASB issued SFAS No. 150, "Accounting for Certain
Financial Instruments with Characteristics of both Liabilities and
Equity" (FAS 150). FAS 150 clarifies the accounting for certain
financial instruments and characteristics of both liabilities and
equity and requires that those instruments be classified as liabilities
in statements of financial position. Previously, many of these
financial instruments were classified as equity. FAS 150 is effective
for all financial instruments entered into or modified after May 31,
2003 and is otherwise effective at the beginning of the first interim
period after June 15, 2003. The adoption of this statement did not have
a material impact on the Company's financial statements.
2. STOCKHOLDERS' EQUITY
During the year ended December 31, 2002, the Company repurchased 23,500
shares of its common stock for $72,489, which shares now constitute
authorized but unissued shares. The Company did not repurchase any
shares during the year ended December 31, 2003.
20
3. INCOME TAXES
Income tax expense for the years ended December 31, 2003 and 2002
consists of the following:
2003 2002
Current:
Federal $ 100,000 $ 10,000
State 23,000 10,000
----------- -----------
123,000 20,000
Deferred 6,000 81,000
----------- -----------
$ 129,000 $ 101,000
=========== ===========
The expected provision for income taxes, computed by applying the U.S.
federal income tax rate of 35% to income before taxes, is reconciled to
income tax expense as follows:
2003 2002
Expected provision for federal income taxes $ 221,200 $ 161,200
State income taxes, net of federal benefit 13,700 10,100
Extraterritorial income exclusion (127,800) (78,800)
Meals and entertainment 10,200 13,600
Tax-exempt interest (3,500) (3,900)
R&D Credit (7,600) (9,000)
Apprise valuation allowance 28,000 0
Other (5,200) 7,800
----------- -----------
$ 129,000 $ 101,000
=========== ===========
Deferred tax assets consist of the following as of December 31, 2003
and 2002:
2003 2002
Property and equipment and other assets $ 35,000 $ 61,000
Accrued vacation 16,000 27,000
Other accrued expenses 57,000 0
Inventories 36,000 12,000
Allowance for doubtful accounts 36,000 36,000
Allowance for sales returns 7,000 7,000
Intangible assets 31,000 57,000
Capital loss carryforward 46,000 20,000
----------- -----------
264,000 220,000
Less valuation allowance (46,000) (20,000)
----------- -----------
218,000 200,000
Deferred tax liabilities:
Prepaid expenses 24,000 0
----------- -----------
$ 194,000 $ 200,000
=========== ===========
The components giving rise to the net deferred tax assets described
above have been included in the accompanying balance sheet as of
December 31, 2003 and 2002 as follows:
Current assets $ 128,000 $ 82,000
Noncurrent assets 66,000 118,000
----------- -----------
$ 194,000 $ 200,000
=========== ===========
The noncurrent deferred tax assets are net of the valuation allowance.
The Company increased its valuation allowance by $26,000 during 2003
because of the additional capital loss carryforward which may not be
utilized.
21
4. INTANGIBLE ASSETS
Intangible assets consist primarily of patents, licenses and covenants
not to compete arising from business combinations. Intangible assets
are amortized on a straight-line basis over their estimated useful
lives or terms of their agreement.
Intangible assets at December 31, 2003 and 2002 consist of the
following:
December 31, 2003 December 31, 2002
----------------- -----------------
Gross Carrying Accumulated Gross Carrying Accumulated
Amount Amortization Amount Amortization
Amortized intangible assets:
Patents $193,171 $(51,197) $132,717 $(41,800)
Licenses 100,000 (10,625) 100,000 (2,500)
Non-compete agreement 100,000 (23,332) 100,000 (16,666)
-------- -------- -------- --------
$393,171 $(85,154) $332,717 $(60,966)
======== ======== ======== ========
Net intangible assets as December 31, 2003 and 2002 are $308,017 and
$271,751, respectively.
2003 2002
---- ----
Aggregate amortization expense:
For the year ended December 31 $ 24,188 $ 18,178
Estimated amortization expense:
For the year ended December 31, 2004 $ 28,400
For the year ended December 31, 2005 28,400
For the year ended December 31, 2006 28,400
For the year ended December 31, 2007 28,400
For the year ended December 31, 2008 28,400
In connection with the license agreements, the Company has agreed to
pay royalties ranging from 3% to 5% on the future sales of products
subject to the agreements.
5. PENSION PLAN
The Company has established a salary deferral plan under Section 401(k)
of the Internal Revenue Code. The plan allows eligible employees to
defer up to 15% of their compensation. Such deferrals accumulate on a
tax-deferred basis until the employee withdraws the funds. The Company
contributes 5% of each eligible employee's compensation. Total pension
expense for the years ended December 31, 2003 and 2002 was
approximately $138,000 and $145,000, respectively.
6. GEOGRAPHIC INFORMATION
The Company manages and operates its business on the basis of one
reportable segment. See Note 1 for a brief description of the Company's
business. As of December 31, 2003, the Company had operations
established in various countries throughout the world. The Company is
exposed to the risk of changes in social, political, and economic
conditions inherent in foreign operations, and the Company's results of
operations are affected by fluctuations in foreign currency exchange
rates. No single foreign country accounted for more than 10% of the
Company's net sales for 2003 and 2002. Net sales by geographic area are
presented by attributing revenues from external customers on the basis
of where the products are sold.
22
2003 2002
Net sales by geographic area:
United States $ 8,190,798 $ 8,045,967
International 3,914,329 3,751,312
-------------- ---------------
$ 12,105,127 $ 11,797,279
============== ===============
7. STOCK OPTIONS
During 1995, the Company adopted a stock incentive plan for the
issuance of up to 38,500 shares of common stock. In 1999, the Company
increased the number of shares reserved for issuance under this plan to
203,500 shares. The plan provides for granting eligible participants
stock options or other stock awards, as described by the plan, at
option prices ranging from 85% to 110% of fair market value at date of
grant. Options granted expire up to seven years after the date of
grant. Such options generally become exercisable over a one- to
three-year period.
2003 2002
Dividend yield 0.0% 0.0%
Expected volatility 73.5% 72.5%
Expected life of option five years five years
Risk-free interest rate 3.0% 4.4%
Fair value of each option on grant date $ 2.61 $ 2.00
23
A summary of the status of the Company's stock option plan as of
December 31, 2003 and 2002 and changes during the years ending on those
dates is presented below:
2003 2002
----------------------- ---------------------
Weighted Weighted
Average Average
Exercise Exercise
Shares Price Shares Price
Outstanding at beginning of year 150,029 $5.93 142.920 $6.20
Granted 33,579 4.30 26,079 3.17
Exercised 0 0
Expired and forfeited (15,500) 5.74 (18,970) 4.14
------- -------
Outstanding at end of year 168,108 5.50 150,029 5.93
======= =======
The following table summarizes information about stock options
outstanding at December 31, 2003:
Options Outstanding Options Exercisable
-------------------------------- ----------------------------
Weighted-
Number Average Weighted- Number Weighted-
Range of Outstanding at Remaining Average Exercisable at Average
Exercise December 31, Contractual Exercise December 31, Exercise
Price 2003 Life Price 2003 Price
$3.00 - 3.99 23,579 3.42 $3.18 15,355 $3.21
4.00 - 4.99 65,204 3.00 4.40 42,279 4.48
5.00 - 5.99 16,975 3.00 5.08 9,141 5.10
6.00 - 6.99 26,000 1.32 6.56 26,000 6.56
7.00 - 7.99 5,000 1.32 7.22 5,000 7.22
8.00 - 8.99 18,150 2.32 8.18 18,150 8.18
9.00 - 9.99 13,200 1.80 9.15 13,200 9.15
------- -------
168,108 3.36 5.50 129,125 5.90
======= =======
8. CONCENTRATION OF CREDIT RISK
The Company maintains its cash balances primarily in one financial
institution. As of December 31, 2003, the balance exceeded the Federal
Deposit Insurance Corporation coverage. The Company reduces its
exposure to credit risk by maintaining such balances with financial
institutions that have high credit ratings.
Accounts receivable are financial instruments that also expose the
Company to concentration of credit risk. The large number of customers
comprising the Company's customer base and their dispersion across
different geographic areas limits such exposure. In addition, the
Company routinely assesses the financial strength of its customers and
maintains an allowance for doubtful accounts that management believes
will adequately provide for credit losses.
Concentration of credit risk with respect to trade receivables is not
significant. No one customer accounts for more than 10% of total
receivables as of December 31, 2003.
9. LEASE COMMITMENTS
As of December 31, 2003, the Company was obligated under non-cancelable
operating lease agreements for certain equipment and a building. Future
minimum lease payments for non-cancelable operating leases with initial
or remaining terms in excess of one year are as follows:
24
2004 $41,028
2005 $20,012
2006 $ 3,261
The Company also leases buildings on a month-to-month basis. Total
rental expense for all equipment and building operating leases was
$54,729 in 2003 and $77,040 in 2002.
10. CONTINGENCIES
The Company has entered into licensing agreements which require it to
make royalty payments on sales of certain products. Royalty payments
range from 3% to 5% of net sales on these products. The Company
incurred $107,444 of expense under these agreements during 2003, as
compared to $119,792 during 2002.
The Company has identified the probable under payment of sales tax.
Accordingly, the Company accrued $160,000 for the future payment of the
unpaid sales taxes.
25
ITEM 8. CHANGES IN AND DISAGREEMENTS WITH ACCOUNTANTS ON ACCOUNTING AND
FINANCIAL DISCLOSURE
Not applicable.
ITEM 8A. CONTROLS AND PROCEDURES
As of the end of the period covered by this report, the Company
conducted an evaluation, under the supervision and with the participation of the
principal executive officer and principal financial officer, of the Company's
disclosure control and procedures (as defined in Rule 13a-15(e) and 15d-15(e)
under the Securities Exchange Act of 1934 (the "Exchange Act")). Based on this
evaluation, the principal executive officer and principal financial officer
concluded that the Company's disclosure controls and procedures are effective to
ensure that information required to be disclosed by the Company in reports that
it files or submits under the Exchange Act is recorded, processed, summarized
and reported within the time periods specified in SEC rules and forms.
There was no change in the Company's internal control over financial
reporting identified in connection with the evaluation required by Rule
13a-15(d) and Rule 15d-15(d) of the Exchange Act that occurred during the period
covered by this report and that has materially affected, or is reasonable likely
to materially affect, the Company's internal control over financial reporting.
PART III
ITEM 9. DIRECTORS AND EXECUTIVE OFFICERS OF THE REGISTRANT
The information included in the Company's definitive proxy statement
for the 2004 Annual Meeting of Shareholders under the captions "Election of
Directors," "Executive Officers" and "Section 16(a) Beneficial Ownership
Reporting Compliance" is incorporated by reference. The following information
completes the Company's response to this Item 9.
The Company has adopted a code of ethics that applies to the Company's
Chief Executive Officer, Chief Financial Officer, Controller and other employees
performing similar functions. This code of ethics is filed as Exhibit 14 to this
report. The Company intends to saisfy the disclosure requirement under Item 10
of Form 8-K regarding an amendment to, or a waiver from, this code of ethics by
posting such information on its Web site which is located at www.ikonics.com.
ITEM 10. EXECUTIVE COMPENSATION
The information included in the Company's definitive proxy statement
for the 2004 Annual Meeting of Shareholders under the captions "Election of
Directors -- Director Compensation," "Summary Compensation Table," "Option
Grants in Last Fiscal Year," "Aggregate Option Exercises in Last Fiscal Year and
Fiscal Year-End Option Values" and "Employment Contracts; Termination of
Employment and Change-In-Control Arrangements" is incorporated by reference.
ITEM 11. SECURITY OWNERSHIP OF CERTAIN BENEFICIAL OWNERS AND MANAGEMENT AND
RELATED STOCKHOLDER MATTERS
The information included in the Company's definitive proxy statement
for the 2004 Annual Meeting of Shareholders under the captions "Security
Ownership of Principal Shareholders and Management" and "Equity Compensation
Plan Information is incorporated by reference in response to this Item 11.
ITEM 12. CERTAIN RELATIONSHIPS AND RELATED TRANSACTIONS
The information included in the Company's definitive proxy statement
for the 2004 Annual Meeting of Shareholders under the caption "Certain
Relationships and Related Transactions" is incorporated by reference.
26
ITEM 13. EXHIBITS, AND REPORTS ON FORM 8-K
(a) The following exhibits are filed as part of this Annual Report
on Form 10-KSB for the fiscal year ended December 31, 2003:
Exhibit Description
------- -----------
3.1 Restated Articles of Incorporation of Company, as amended.
(Incorporated by reference to the like numbered Exhibit to the
Company's Registration Statement on Form 10-SB filed with the
Commission on April 7, 1999 (Registration No. 000-25727).)
3.2 By-Laws of the Company, as amended. (Incorporated by reference to the
like numbered Exhibit to the Company's Registration Statement on Form
10-SB filed with the Commission on April 7, 1999 (Registration No.
000-25727).)
4 Specimen of Common Stock Certificate. (Incorporated by reference to the
like numbered Exhibit to Amendment No. 1 to the Company's Registration
Statement on Form 10-SB filed with the Commission on May 26, 1999
(Registration No. 000-25727).)
10.1 IKONICS Corporation 1995 Stock Incentive Plan, as amended.
(Incorporated by reference to the like numbered Exhibit to the
Company's Registration Statement on Form 10-SB filed with the
Commission on April 7, 1999 (Registration No. 000-25727).)
10.5 Revolving Credit Agreement dated April 30, 1999 between the Company and
M&I Bank. (Incorporated by reference to the like numbered Exhibit to
Amendment No. 1 to the Company's Registration Statement on Form 10-SB
filed with the Commission on May 26, 1999 (Registration No.
000-25727).)
14 Code of Ethics.
23 Consent of McGladrey & Pullen LLP.
24 Powers of Attorney.
31.1 Rule 13a-14(a)/15d-14(a) Certifications of CEO.
31.2 Rule 13a-14(a)/15d-14(a) Certifications of CFO.
32 Section 1350 Certifications.
(b) Reports on Form 8-K:
The following reports on Form 8-K were filed during the quarter ended
December 31, 2003:
On November 4, 2003, the Company filed a Current Report on Form 8-K
including a press release announcing the Company's financial results for the
three and nine months ended September 30, 2003.
ITEM 14. PRINCIPAL ACCOUNT FEES AND SERVICES
The information included in the Company's definitive proxy statement
for the 2004 Annual Meeting of Shareholders under the caption "Audit and
Non-Audit Fees" is incorporated by reference.
27
SIGNATURES
Pursuant to the requirements of Section 13 or 15(d) of the Securities
Exchange Act of 1934, the registrant has duly caused this report to be signed on
its behalf by the undersigned, thereunto duly authorized on March 29, 2004.
IKONICS CORPORATION
By /s/ William C. Ulland
------------------------------------------
William C. Ulland, Chairman, Chief
Executive Officer and President
Pursuant to the requirements of the Securities Exchange Act of 1934,
this report has been signed below by the following persons on behalf of the
registrant and in the capacities indicated on March 29, 2004.
/s/ William C. Ulland
- ----------------------------------------------------
William C. Ulland, Chairman, Chief Executive Officer
and President
(Principal Executive Officer)
/s/ Jon Gerlach
- --------------------------------------------
Jon Gerlach, Chief Financial Officer
and Vice President of Finance
(Principal Financial and Accounting Officer)
Charles H. Andresen* Director
Rondi Erickson* Director
H. Leigh Severance* Director
Gerald W. Simonson* Director
David O. Harris* Director
- ----------
* William C. Ulland, by signing his name hereto, does hereby sign this
document on behalf of each of the above named Directors of the
registrant pursuant to powers of attorney duly executed by such
persons.
/s/ William C. Ulland
-----------------------------------------
William C. Ulland, Attorney-in-Fact
28
INDEX TO EXHIBITS
Exhibit Description Page
- ------- ----------- ----
3.1 Restated Articles of Incorporation of Company, as amended................. Incorporated by Reference
3.2 By-Laws of the Company, as amended........................................ Incorporated by Reference
4 Specimen of Common Stock Certificate...................................... Incorporated by Reference
10.1 IKONICS Corporation 1995 Stock Incentive Plan, as amended................. Incorporated by Reference
10.5 Revolving Credit Agreement dated April 30, 1999
between the Company and M&I Bank.......................................... Incorporated by Reference
14 Code of Ethics............................................................ Filed Electronically
23 Consent of McGladrey & Pullen LLP........................................ Filed Electronically
24 Powers of Attorney........................................................ Filed Electronically
31.1 Rule 13a-14(a)/15d-14(a) Certifications of CEO............................ Filed Electronically
31.2 Rule 13a-14(a)/15d-14(a) Certifications of CFO............................ Filed Electronically
32 Section 1350 Certifications............................................... Filed Electronically