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Acacia Research Corporation Reports First Quarter 2025 Financial Results

May 08, 2025 --

Acacia Research Corporation (Nasdaq: ACTG) (“Acacia” or the “Company”), which acquires and operates businesses across the industrial, energy and technology sectors, today reported financial results for the three months ended March 31, 2025. The Company also posted its first quarter 2025 earnings presentation on its website at www.acaciaresearch.com under Events & Presentations.

Martin (“MJ”) D. McNulty, Jr., Chief Executive Officer, stated, “Acacia had a very strong start to the year, generating first quarter revenue of $124.4 million and Total Company Adjusted EBITDA of $50.7 million. These results were driven by $69.9 million in revenue from our Intellectual Property operations primarily relating to our WiFi-6 portfolio, the first full quarter of performance from Deflecto, and continued execution at Benchmark and Printronix. Against the backdrop of macro-economic uncertainty, we continued to execute our strategy of building businesses with stable cash flow generation and scalability and believe the combination of our existing businesses and strong balance sheet will ensure Acacia continues to deliver long-term shareholder value. Including the net proceeds from the Intellectual Property settlement recorded in the first quarter, and received after quarter end, current cash, cash equivalents and equity securities is approximately $338.2 million, or $3.52 per share. Our strong cash position provides us with substantial dry powder to grow our business and positions us well to opportunistically pursue accretive investment opportunities that may become available.”

First Quarter 2025 Highlights

  • Total revenue of $124.4 million for the quarter, up 412% compared to $24.3 million for the prior-year quarter, primarily driven by $69.9 million in license fee revenue from our Intellectual Property Operations, $18.3 million in revenue from Energy Operations, which is the largest Energy Operations quarterly revenue under Acacia ownership, and $28.5 million in revenue from our first full quarter of Manufacturing Operations.
  • GAAP Net Income of $24.3 million, or $0.25 GAAP Diluted EPS, for the three months ended March 31, 2025.
  • Adjusted Net Income of $33.1 million, or $0.34 Adjusted Diluted EPS, for the three months ended March 31, 2025.
  • Operated Segment Adjusted EBITDA of $54.7 million for the three months ended March 31, 2025.
  • Total Company Adjusted EBITDA of $50.7 million for the three months ended March 31, 2025.
  • Including the net proceeds received from our Intellectual Property Operations after quarter end, cash, cash equivalents, and equity securities is approximately $338.2 million, or $3.52 per share.

____________________

1 Adjusted Net Income (Loss), Adjusted Diluted Earnings Per Share (EPS), Total Company Adjusted EBITDA and Operated Segment Adjusted EBITDA are non-GAAP financial measures. See below for reconciliations of Adjusted Net Income (Loss), Adjusted Diluted EPS, and Total Company Adjusted EBITDA to their most directly comparable GAAP financial measure. For the definition of these measures and a reconciliation of the components of Operated Segment Adjusted EBITDA to their most directly comparable GAAP financial measures, see the accompanying supplemental information section.

Revenue

The following table provides a breakdown of the Company’s total revenue for the three months ended March 31, 2025 and March 31, 2024. For the purposes of financial reporting, Acacia's operations are broken out as follows: Energy Operations (Benchmark), Industrial Operations (Printronix), Manufacturing Operations (Deflecto), and Intellectual Property Operations (Acacia Research Group).

 

 

Three Months Ended March 31,

 

 

2025

 

2024

 

 

(In thousands, unaudited)

Energy Operations

 

$

18,306

 

$

1,856

Industrial Operations

 

 

7,676

 

 

8,841

Manufacturing Operations

 

 

28,535

 

 

Intellectual Property Operations

 

 

69,905

 

 

13,623

Total Revenues

 

$

124,422

 

$

24,320

Adjusted EBITDA

The following table provides a reconciliation of consolidated Net Income (Loss), the most directly comparable GAAP measure, to Total Company Adjusted EBITDA for the three months ended March 31, 2025 and March 31,2024.

 

 

Three Months Ended March 31,

 

 

2025

 

2024

 

 

(In thousands, unaudited)

GAAP Net Income (Loss)

 

$

24,287

 

 

$

(186

)

Net (Income) Loss Attributable to Noncontrolling Interests

 

 

(759

)

 

 

(3

)

Income Tax Expense (Benefit)

 

 

6,081

 

 

 

(1,109

)

Interest Expense

 

 

2,451

 

 

 

326

 

Interest (Income) and Other, Net

 

 

(1,793

)

 

 

(5,095

)

(Gain) Loss on Foreign Currency Exchange

 

 

(155

)

 

 

68

 

Net Realized and Unrealized (Gain) Loss on Derivatives

 

 

5,021

 

 

 

(171

)

Net Realized and Unrealized (Gain) Loss on Investments

 

 

3,172

 

 

 

(2,160

)

Non-recurring Legacy Legal Expense

 

 

 

 

 

6,243

 

GAAP Operating Income (Loss)

 

$

38,305

 

 

$

(2,087

)

Depreciation, Depletion & Amortization

 

 

10,610

 

 

 

4,568

 

Stock-Based Compensation

 

 

922

 

 

 

858

 

Realized Hedge Gain (Loss)

 

 

(43

)

 

 

800

 

Transaction-Related Costs

 

 

554

 

 

 

 

Legacy Matter Costs

 

 

8

 

 

 

2,193

 

Severance Costs

 

 

343

 

 

 

 

Total Company Adjusted EBITDA

 

$

50,699

 

 

$

6,332

 

The following table provides the Adjusted EBITDA for each of the Company’s operating segments for the three months ended March 31, 2025 and March 31, 2024.

 

 

Three Months Ended March 31,

 

 

2025

 

2024

 

 

(In thousands, unaudited)

Energy Operations Adjusted EBITDA2

 

$

7,936

 

 

$

1,378

 

Industrial Operations Adjusted EBITDA2

 

 

1,021

 

 

 

1,897

 

Manufacturing Operations Adjusted EBITDA2

 

 

2,439

 

 

 

 

Operated Segment Adjusted EBITDA (excluding Intellectual Property Operations)

 

$

11,396

 

 

$

3,275

 

Intellectual Property Operations Adjusted EBITDA2

 

 

43,265

 

 

 

7,160

 

Operated Segment Adjusted EBITDA

 

$

54,661

 

 

$

10,435

 

Parent Costs2

 

 

(3,962

)

 

 

(4,103

)

Total Company Adjusted EBITDA

 

$

50,699

 

 

$

6,332

 

Adjusted Net Income and Adjusted Diluted EPS

The following table provides a reconciliation of Net Income (Loss), the most directly comparable GAAP measure, to Adjusted Net Income (Loss) and Adjusted Diluted EPS for the three months ended March 31, 2025 and March 31, 2024.

 

 

Three Months Ended March 31,

 

 

2025

 

2024

GAAP Net Income (Loss)

 

$

24,287

 

 

$

(186

)

Non-recurring Legacy Legal Expense

 

 

 

 

 

6,243

 

Legacy Matter Costs3

 

 

258

 

 

 

2,193

 

Stock-Based Compensation

 

 

922

 

 

 

858

 

Transaction-Related Costs

 

 

554

 

 

 

 

Severance Costs

 

 

343

 

 

 

 

Amortization of Acquired Intangibles

 

 

907

 

 

 

433

 

Unrealized Loss (Gain) on Securities

 

 

4,777

 

 

 

26,701

 

Unrealized Loss (Gain) on Hedges

 

 

3,661

 

 

 

317

 

Tax Effect of Adjustments

 

 

(2,629

)

 

 

(8,100

)

Adjusted Net Income (Loss)

 

$

33,080

 

 

$

28,459

 

 

 

 

 

 

GAAP Diluted EPS

 

$

0.25

 

 

$

 

GAAP weighted average diluted shares

 

 

96,981,413

 

 

 

99,745,905

 

Adjusted Diluted EPS

 

$

0.34

 

 

$

0.28

 

Adjusted diluted weighted average shares

 

 

96,981,413

 

 

 

100,390,881

 

____________________

2 Energy Operations Adjusted EBITDA, Industrial Operations Adjusted EBITDA, Manufacturing Operations Adjusted EBITDA, Intellectual Property Operations Adjusted EBITDA, and Parent Costs are non-GAAP financial measures. For the definitions of these measures and reconciliations of these measures to the most directly comparable GAAP financial measures, see the accompanying supplemental information section.

3 Legacy Matter Costs for the three months ended March 31, 2025 includes $250,000 related to a one-time legacy tax matter at Printronix that has been settled, which amount is included within Interest Income and Other, Net in Acacia's condensed consolidated statement of operations

Free Cash Flow4

The following table provides a reconciliation of Free Cash Flow (FCF) for the three months ended March 31, 2025. 

 

Three Months Ended March 31, 2025

 

Energy
Operations

 

Industrial
Operations

 

Manufacturing
Operations

 

Intellectual
Property
Operations

 

Parent Costs

 

Consolidated
Total

 

(In thousands, unaudited)

Net Cash from Operating Activities (GAAP)

$

              5,452

 

 

$

              2,530

 

 

$

              1,016

 

 

$

            (2,266

)

 

$

            (4,307

)

 

$

              2,425

 

Less: Capital Expenditures

 

              (1,872

)

 

 

                     (5

)

 

 

                 (213

)

 

 

                    —

 

 

 

                    —

 

 

 

              (2,090

)

Free Cash Flow (Non-GAAP)

$

              3,580

 

 

$

              2,525

 

 

$

                 803

 

 

$

            (2,266

)

 

$

            (4,307

)

 

$

                 335

 

____________________

4 Free Cash Flow (FCF) is a non-GAAP financial measure. For a definition of this measure, see the accompanying supplemental information section.

Balance Sheet and Capital Structure

  • Cash, cash equivalents, and equity investments measured at fair value totaled $290.0 million at March 31, 2025 compared to $297.0 million at December 31, 2024. The decrease in cash was primarily due to $1.9 million of capital expenditures at Benchmark, $0.2 million of capital expenditures at Deflecto, $5.0 million of debt repayment on the Benchmark revolving credit facility, and $0.6 million of principal repayment on the Deflecto Term Loan, offset by $1.2 million of working capital benefit from the Deflecto transaction, $1.9 million of net proceeds from the purchase and sale of equity securities and cash provided by operating activities from our business segments.
  • Equity securities without readily determinable fair value totaled $5.8 million at March 31, 2025, unchanged from December 31, 2024.
  • Investment securities representing equity method investments totaled $19.9 million at March 31, 2025 (net of noncontrolling interests), unchanged from December 31, 2024. Acacia owns 64% of MalinJ1, which results in a 26% indirect ownership stake in Viamet Pharmaceuticals, Inc. for Acacia.
  • The Parent company’s total indebtedness was zero at March 31, 2025. On a consolidated basis, Acacia’s total indebtedness was $108.4 million, consisting of $61.5 million in non-recourse debt at Benchmark and $46.9 million in non-recourse debt at Deflecto as of March 31, 2025.

Book Value as of March 31, 2025

At March 31, 2025, Acacia’s book value (which includes noncontrolling interests) was $577.3 million and there were 96.2 million shares of common stock outstanding, for a book value per share of $6.00. This value is impacted by one-time expenses and other adjustments detailed in the above reconciliation from GAAP Net Income (Loss) to Adjusted Net Income (Loss).

Investor Conference Call

The Company will host a conference call today, May 8, 2025 at 8:00 a.m. Eastern Time (5:00 a.m. Pacific Time). To access the live call, please dial 877-545-0523 (U.S. and Canada) or 973-528-0016 (international) and if requested, reference the access code “476097.” The conference call will also be simultaneously webcast at https://www.webcaster4.com/Webcast/Page/2371/52358 and on the investor relations section of the Company’s website at http://www.acaciaresearch.com under Events & Presentations. Following the conclusion of the live call, a replay of the webcast will be available on the Company's website for at least 30 days.

About the Company

Acacia (Nasdaq: ACTG) is a publicly traded company that is focused on acquiring and operating attractive businesses across the mature technology, energy and industrial/manufacturing sectors where it believes it can leverage its expertise, significant capital base, and deep industry relationships to drive value. Acacia evaluates opportunities based on the attractiveness of the underlying cash flows, without regard to a specific investment horizon. Acacia operates its businesses based on three key principles of people, process and performance and has built a management team with demonstrated expertise in research, transactions and execution, and operations and management. Additional information about Acacia and its subsidiaries is available at www.acaciaresearch.com.

Safe Harbor Statement

This news release contains forward-looking statements within the meaning of the “safe harbor” provisions of the Private Securities Litigation Reform Act of 1995. These statements are based upon the Company’s current expectations and speak only as of the date hereof. All statements other than statements of historical fact are forward-looking statements and include statements related to estimates and projections with respect to, among other things, the Company’s anticipated financial condition, operating performance, the value of the Company’s assets, general economic and market conditions and other future circumstances and events. This news release attempts to identify forward-looking statements by using words such as “anticipate,” “believe,” “continue,” “could,” “estimate,” “expect,” “forecast,” “future,” “guidance,” “intend,” “may,” “outlook,” “plan,” “potential,” “predict,” “project,” “seek,” “should,” “target” and “will,” and similar words and expressions; however, the absence of these words does not mean that the statements are not forward-looking. While the Company believes its assumptions concerning future events are reasonable, a number of factors could cause actual results to differ materially and adversely from those expressed or implied in any forward-looking statements, including, but not limited to: the Company’s ability to successfully identify, diligence, complete, and integrate strategic acquisitions of businesses, divisions, and/or assets, the performance of the Company’s businesses, divisions, and/or assets, disruptions or uncertainty caused by an ability to retain or changes to the employees or management teams of the Company’s businesses, changes to the Company’s relationship and arrangements with Starboard Value LP, any inability of the Company’s operating businesses to execute on their business and, with respect to Benchmark, hedging strategy, risks related to price and other fluctuations in the oil and gas market, inflationary pressures, supply chain disruptions or labor shortages, the impact of tariffs and trade policy, non-performance by third parties of contractual or legal obligations, changes in the Company’s credit ratings or the credit ratings of the Company’s businesses, security threats, including cybersecurity threats and disruptions to the Company’s business and operations from breaches of information technology systems, or breaches of information technology systems, facilities and infrastructure of third parties with which the Company transacts business, oil or natural gas production becoming uneconomic, causing write downs or adversely affecting Benchmark’s ability to borrow, Benchmark’s ability to replace reserves and efficiently develop current reserves, risks, operational hazards, unforeseen interruptions and other difficulties involved in the production of oil and natural gas, the impact of any seismic events, environmental liability risk, regulatory changes related to the oil and gas industry, the ability to successfully develop licensing programs and attract new business, changes in demand for current and future intellectual property rights, legislative, regulatory and competitive developments addressing licensing and enforcement of patents and/or intellectual property in general, the decrease in demand for Printronix' products, changes in safety, health, environmental, tax and other regulations, requirements or initiatives, hazards such as weather conditions, a health pandemic (similar to COVID-19), acts of war or terrorist acts and the government or military response thereto, general economic conditions, and the success of the Company’s investments. For further discussions of risks and uncertainties, you should refer to the Company’s filings with the Securities and Exchange Commission, including the “Risk Factors” section of the Company’s most recent Annual Report on Form 10-K and any subsequent Quarterly Reports on Form 10-Q. In addition, actual results may differ materially as a result of additional risks and uncertainties of which the Company is currently unaware or which the Company does not currently view as material. Except as otherwise required by applicable law, the Company undertakes no obligation to revise or update publicly any forward-looking statements for any reason.

ACACIA RESEARCH CORPORATION

UNAUDITED CONDENSED CONSOLIDATED BALANCE SHEETS

(In thousands, except share and per share data)

 

 

March 31, 2025

 

December 31, 2024

 

 

 

 

ASSETS

 

 

 

Current assets:

 

 

 

Cash and cash equivalents

$

271,964

 

 

$

273,880

 

Equity securities

 

18,064

 

 

 

23,135

 

Equity securities without readily determinable fair value

 

5,816

 

 

 

5,816

 

Equity method investments

 

30,934

 

 

 

30,934

 

Accounts receivable, net

 

95,725

 

 

 

26,909

 

Inventories

 

26,264

 

 

 

27,485

 

Prepaid expenses and other current assets

 

15,866

 

 

 

31,987

 

Total current assets

 

464,633

 

 

 

420,146

 

 

 

 

 

Property, plant and equipment, net

 

23,354

 

 

 

23,865

 

Oil and natural gas properties, net

 

189,104

 

 

 

191,680

 

Goodwill

 

25,566

 

 

 

29,339

 

Other intangible assets, net

 

67,739

 

 

 

55,429

 

Operating lease, right-of-use assets

 

8,001

 

 

 

9,287

 

Deferred income tax assets, net

 

17,231

 

 

 

20,233

 

Other non-current assets

 

5,978

 

 

 

6,415

 

Total assets

$

801,606

 

 

$

756,394

 

 

 

 

 

LIABILITIES AND STOCKHOLDERS' EQUITY

 

 

 

Current liabilities:

 

 

 

Accounts payable

$

12,457

 

 

$

12,074

 

Accrued expenses and other current liabilities

 

24,084

 

 

 

20,575

 

Accrued compensation

 

6,879

 

 

 

6,277

 

Current asset retirement obligation

 

1,565

 

 

 

1,546

 

Royalties and contingent legal fees payable

 

26,699

 

 

 

5,448

 

Deferred revenue

 

1,403

 

 

 

1,319

 

Current portion of long-term debt, net

 

2,400

 

 

 

2,400

 

Total current liabilities

 

75,487

 

 

 

49,639

 

 

 

 

 

Asset retirement obligation

 

31,401

 

 

 

31,070

 

Long-term lease liabilities

 

5,872

 

 

 

6,778

 

Deferred income tax liabilities, net

 

2,697

 

 

 

2,609

 

Revolving credit facility

 

61,500

 

 

 

66,500

 

Term loan and revolving credit facility

 

44,488

 

 

 

45,088

 

Other long-term liabilities

 

2,901

 

 

 

2,091

 

Total liabilities

 

224,346

 

 

 

203,775

 

 

 

 

 

Commitments and contingencies

 

 

 

 

 

 

 

 

 

 

 

Stockholders' equity:

 

 

 

Preferred stock, par value $0.001 per share; 10,000,000 shares authorized; no shares issued or outstanding

 

 

 

 

 

Common stock, par value $0.001 per share; 300,000,000 shares authorized; 96,171,702 and 96,048,999 shares issued and outstanding as of March 31, 2025 and 2024, respectively

 

96

 

 

 

96

 

Treasury stock, at cost, 20,542,064 and 20,542,064 shares as of March 31, 2025 and 2024, respectively

 

(118,542

)

 

 

(118,542

)

Accumulated other comprehensive income

 

(518

)

 

 

(1,180

)

Additional paid-in capital

 

910,688

 

 

 

910,237

 

Accumulated deficit

 

(251,499

)

 

 

(275,786

)

Total Acacia Research Corporation stockholders' equity

 

540,225

 

 

 

514,825

 

 

 

 

 

Noncontrolling interests

 

37,035

 

 

 

37,794

 

 

 

 

 

Total stockholders' equity

 

577,260

 

 

 

552,619

 

 

 

 

 

Total liabilities and stockholders' equity

$

801,606

 

 

$

756,394

 

 

ACACIA RESEARCH CORPORATION

UNAUDITED CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS

AND COMPREHENSIVE INCOME (LOSS)

(In thousands, except share and per share data)

 

 

Three Months Ended March 31,

 

2025

 

2024

 

 

 

 

Revenues:

 

 

 

Intellectual property operations

$

69,905

 

 

$

13,623

 

Industrial operations

 

7,676

 

 

 

8,841

 

Energy operations

 

18,306

 

 

 

1,856

 

Manufacturing operations

 

28,535

 

 

 

 

Total revenues

 

124,422

 

 

 

24,320

 

 

 

 

 

Costs and expenses:

 

 

 

Cost of revenues - intellectual property operations

 

27,912

 

 

 

7,001

 

Cost of revenues - industrial operations

 

4,064

 

 

 

4,049

 

Cost of production - energy operations

 

12,698

 

 

 

1,315

 

Cost of revenues - manufacturing operations

 

20,811

 

 

 

 

Sales and marketing expenses - industrial and manufacturing operations

 

3,312

 

 

 

1,555

 

General and administrative expenses

 

17,320

 

 

 

12,487

 

Total costs and expenses

 

86,117

 

 

 

26,407

 

Operating income (loss)

 

38,305

 

 

 

(2,087

)

 

 

 

 

Other (expense) income:

 

 

 

Equity securities investments:

 

 

 

Change in fair value of equity securities

 

(4,777

)

 

 

(26,701

)

Gain on sale of equity securities

 

1,605

 

 

 

28,861

 

Net realized and unrealized (loss) gain

 

(3,172

)

 

 

2,160

 

Non-recurring legacy legal expense

 

 

 

 

(6,243

)

Loss on derivatives - energy operations

 

(5,021

)

 

 

171

 

Gain (loss) on foreign currency exchange

 

155

 

 

 

(68

)

Interest expense

 

(2,451

)

 

 

(326

)

Interest income and other, net

 

1,793

 

 

 

5,095

 

Total other (expense) income

 

(8,696

)

 

 

789

 

 

 

 

 

Income (loss) before income taxes

 

29,609

 

 

 

(1,298

)

 

 

 

 

Income tax (expense) benefit

 

(6,081

)

 

 

1,109

 

 

 

 

 

Net income (loss) including noncontrolling interests in subsidiaries

 

23,528

 

 

 

(189

)

 

 

 

 

Net loss (income) attributable to noncontrolling interests in subsidiaries

 

759

 

 

 

3

 

 

 

 

 

Net income (loss) attributable to Acacia Research Corporation

$

24,287

 

 

$

(186

)

 

 

 

 

Income (loss) per share:

 

 

 

Net income (loss) attributable to common stockholders - Basic

$

24,287

 

 

$

(186

)

Weighted average number of shares outstanding - Basic

 

96,018,047

 

 

 

99,745,905

 

Basic net income per common share

$

0.25

 

 

$

 

Net income (loss) attributable to common stockholders - Diluted

$

24,287

 

 

$

(186

)

Weighted average number of shares outstanding - Diluted

 

96,981,413

 

 

 

99,745,905

 

Diluted net income per common share

$

0.25

 

 

$

 

 

 

 

 

Other comprehensive income (loss):

 

 

 

Foreign currency translation

$

662

 

 

$

 

Total other comprehensive income, net

 

662

 

 

 

 

Total comprehensive income (loss)

 

24,190

 

 

 

(189

)

Comprehensive loss (income) attributable to noncontrolling interests

 

759

 

 

 

3

 

Comprehensive income (loss) attributable to Acacia Research Corporation

 

24,949

 

 

 

(186

)

 

ACACIA RESEARCH CORPORATION - SUPPLEMENTAL INFORMATION
NON-GAAP FINANCIAL MEASURE

This earnings release includes Adjusted EBITDA on a consolidated basis and for each of the Company’s segments. Total Company Adjusted EBITDA, Operated Segment Adjusted EBITDA and Adjusted EBITDA and Free Cash Flow (FCF) for each of the Company’s segments are supplemental non-GAAP financial measures used by management and external users of the Company’s consolidated financial statements. This earnings release also includes the Company’s Adjusted Net Income (Loss) and Adjusted Diluted Earnings Per Share (EPS), which are non-GAAP financial measures. GAAP refers to generally accepted accounting principles in the United States. A non-GAAP financial measure is a numerical measure of historical or future performance, financial position or cash flow that includes or excludes amounts that are excluded or included, respectively, in the most directly comparable measure calculated and presented in accordance with GAAP in the Company’s financial statements.

Total Company Adjusted EBITDA is defined as net income / (loss) before net income / (loss) attributable to noncontrolling interests, income tax (benefit) / expense, interest expense, interest income and other, net, loss / (gain) on foreign currency exchange, net realized and unrealized (gain) / loss on derivatives, net realized and unrealized loss / (gain) on investments, non-recurring legacy legal expenses, depreciation, depletion and amortization, stock-based compensation, realized hedge gain / (loss), transaction-related costs, and costs related to the legacy items. Operated Segment Adjusted EBITDA is the aggregate of Energy Operations Adjusted EBITDA, Manufacturing Operations Adjusted EBITDA, Industrial Operations Adjusted EBITDA, and Intellectual Property Operations Adjusted EBITDA. See below for the definition of each of those measures. The Company is providing Total Company Adjusted EBITDA and Operated Segment Adjusted EBITDA, non-GAAP financial measures, because management believes these metrics provide investors with useful supplemental information in comparing the operating results across reporting periods by excluding items that are not considered indicative of core operating performance. These measures are not intended to replace the presentation of financial results in accordance with GAAP and may be different from or otherwise inconsistent with similar non-GAAP financial measures used by other companies. The presentation of these non-GAAP financial measures supplements other metrics the Company uses to internally evaluate its subsidiary businesses and facilitate the comparison of past and present operating performance. These measures should not be considered in isolation or as a substitute for measures calculated and presented in accordance with GAAP.

Energy Operations

Energy Operations Adjusted EBITDA is defined as operating income / (loss) for Acacia’s Energy Operations before depreciation, depletion and amortization expense and transaction-related costs, and including realized hedge gain / (loss). The Company is providing its Energy Operations Adjusted EBITDA, a non-GAAP financial measure, because the metric provides investors with useful supplemental information in comparing the operating results across reporting periods by excluding items that are not considered indicative of core operating performance.

Industrial Operations

Industrial Operations Adjusted EBITDA is defined as operating income / (loss) for Acacia’s Industrial Operations before amortization of acquired intangibles and depreciation and amortization expense. The Company is providing its Industrial Operations Adjusted EBITDA, a non-GAAP financial measure, because the metric provides investors with useful supplemental information in comparing the operating results across reporting periods by excluding items that are not considered indicative of core operating performance.

Intellectual Property Operations

Intellectual Property Operations Adjusted EBITDA is defined as operating income / (loss) for Acacia’s Intellectual Property Operations before patent amortization, depreciation and amortization expense and stock-based compensation. The Company is providing Intellectual Property Operations Adjusted EBITDA, a non-GAAP financial measure, because the metric provides investors with useful supplemental information in comparing the operating results across reporting periods by excluding items that are not considered indicative of core operating performance.

Manufacturing Operations

Manufacturing Operations Adjusted EBITDA is defined as operating income / loss for Acacia’s Manufacturing Operations before amortization of acquired intangibles, depreciation and amortization expense, and transaction-related costs. The Company is providing its Manufacturing Operations Adjusted EBITDA, a non-GAAP financial measure, because the metric provides investors with useful supplemental information in comparing the operating results across reporting periods by excluding items that are not considered indicative of core operating performance.

Parent Costs are defined as operating income / (loss) attributable to Parent before depreciation and amortization expense, stock-based compensation, transaction-related costs, and costs related to certain legacy matters attributable to the Parent organization. The Company is providing Parent Costs, a non-GAAP financial measure, because it believes it gives investors a clear picture of normalized Parent-level expenses.

Free Cash Flow is defined as net cash provided by (used in) operating activities, less net purchases of property and equipment, oil and gas properties, and patent acquisitions (“Capital Expenditures”). The Company is providing Free Cash Flow, a non-GAAP financial measure, because it believes free cash flow gives investors a good sense of how much cash flows are available to be used for de-levering, making acquisitions, repurchasing shares or similar uses of cash.

Adjusted Net Income (Loss)

Adjusted Net Income (Loss) is defined as Acacia’s GAAP Net Income (Loss) excluding costs related to certain legacy matters, stock-based compensation, transaction-related costs, amortization of acquired intangibles, any unrealized (gain) / loss on securities, any unrealized (gain) / loss on hedges, and any (gain) / loss on non-cash derivatives and taking into account the tax effect(s) of those adjustments. The Company is providing Adjusted Net Income (Loss), a non-GAAP financial measure, because the metric provides investors with useful supplemental information in comparing the operating results across reporting periods by excluding items that are not considered indicative of core operating performance.

Adjusted Diluted Earnings Per Share (EPS)

Adjusted Diluted EPS is defined as Adjusted Net Income (Loss) divided by the Company’s weighted average diluted share count as of the relative period end date. The Company is providing its Adjusted Diluted EPS, a non-GAAP financial measure, because the metric provides investors with useful supplemental information in comparing the operating results across reporting periods by excluding items that are not considered indicative of core operating performance.

The following tables reconcile Operating Income (Loss), the most directly comparable GAAP financial measure, to Adjusted EBITDA for each of the Company’s operating segments and for Parent Costs for the three months ended March 31, 2025 and March 31, 2024.

 

Three Months Ended March 31, 2025

Adjusted EBITDA

Energy

Operations

 

Industrial

Operations

 

Manufacturing

Operations

 

Intellectual

Property

Operations

 

Parent

Costs

 

Consolidated

Total

 

(In thousands, unaudited)

GAAP Operating Income (Loss)

$

4,001

 

 

$

302

 

$

271

 

$

38,508

 

$

(4,777

)

 

$

38,305

 

Depreciation, Depletion & Amortization

 

3,978

 

 

 

552

 

 

1,545

 

 

4,520

 

 

15

 

 

 

10,610

 

Stock-Based Compensation

 

 

 

 

 

 

 

 

237

 

 

685

 

 

 

922

 

Realized Hedge Gain (Loss)

 

(43

)

 

 

 

 

 

 

 

 

 

 

 

(43

)

Transaction-Related Costs

 

 

 

 

 

 

447

 

 

 

107

 

 

 

554

 

Legacy Matter Costs

 

 

 

 

 

 

 

 

 

 

8

 

 

 

8

 

Severance Costs

 

 

 

 

167

 

 

176

 

 

 

 

 

 

 

343

 

Adjusted EBITDA

$

7,936

 

 

$

1,021

 

$

2,439

 

$

43,265

 

$

(3,962

)

 

$

50,699

 

Parent Interest Income

 

 

 

 

 

 

 

 

$

2,422

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Three Months Ended March 31, 2024

Adjusted EBITDA

Energy

Operations

 

Industrial

Operations

 

Manufacturing

Operations

 

Intellectual

Property

Operations

 

Parent

Costs

 

Consolidated

Total

 

(In thousands, unaudited)

GAAP Operating Income (Loss)

$

156

 

 

$

1,212

 

$

 

$

3,282

 

$

(6,737

)

 

$

(2,087

)

Depreciation, Depletion & Amortization

 

422

 

 

 

685

 

 

 

 

3,435

 

 

26

 

 

 

4,568

 

Stock-Based Compensation

 

 

 

 

 

 

 

 

443

 

 

415

 

 

 

858

 

Realized Hedge Gain (Loss)

 

800

 

 

 

 

 

 

 

 

 

 

 

 

800

 

Transaction-Related Costs

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Legacy Matter Costs

 

 

 

 

 

 

 

 

 

 

2,193

 

 

 

2,193

 

Severance Costs

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Adjusted EBITDA

$

1,378

 

 

$

1,897

 

$

 

$

7,160

 

$

(4,103

)

 

$

6,332

 

Parent Interest Income

 

 

 

 

 

 

 

 

$

5,079

 

 

 

 

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