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The major facility leases are for terms of 5 to 10 years and generally provide renewal options for terms of 3 to 5 additional years.
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Leases for retail space are for terms of 5 to 12 years and often contain multi-year renewal options.
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As of September 28, 2002, the Company’s total future minimum lease payments under noncancelable operating leases were $464 million, of which $209 million related to leases for retail space.
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As of March 29, 2003, total future minimum lease payments related to leases for retail space increased to $305 million.
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Contingencies Beginning on September 27, 2001, three shareholder class action lawsuits were filed in the United States District Court for the Northern District of California against the Company and its Chief Executive Officer.
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These lawsuits are substantially identical, and purport to bring suit on behalf of persons who purchased the Company’s publicly traded common stock between July 19, 2000, and September 28, 2000.
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The complaints allege violations of the 1934 Securities Exchange Act and seek unspecified compensatory damages and other relief.
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The Company believes these claims are without merit and intends to defend them vigorously.
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The Company filed a motion to dismiss on June 4, 2002, which was heard by the Court on September 13, 2002.
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On December 11, 2002, the Court granted the Company’s motion to dismiss for failure to state a cause of action, with leave to plaintiffs to amend their complaint.
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Plaintiffs filed their amended complaint on January 31, 2003, and on March 17, 2003, the Company filed a motion to dismiss the amended complaint.
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A hearing on the Company’s motion is currently scheduled for July 2003.
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The Company is subject to certain other legal proceedings and claims that have arisen in the ordinary course of business and have not been fully adjudicated.
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In the opinion of management, the Company does not have a potential liability related to any current legal proceedings and claims that would have a material adverse effect on its financial condition, liquidity or results of operations.
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However, the results of legal proceedings cannot be predicted with certainty.
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Should the Company fail to prevail in any of these legal matters or should several of these legal matters be resolved against the Company in the same reporting period, the operating results of a particular reporting period could be materially adversely affected.
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The parliament of the European Union has finalized the Waste Electrical and Electronic Equipment Directive (the Directive).
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The Directive makes producers of electrical goods, including personal computers, financially responsible for the collection, recycling, and safe disposal of past and future products.
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The Directive must now be approved and implemented by individual European Union governments by August 13, 2004, while the producers’ financial obligations are scheduled to start August 13, 2005.
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The Company’s potential liability resulting from the Directive related to past sales of its products and expenses associated with future sales of its product may be substantial.
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However, because it is likely that specific laws, regulations, and enforcement policies will vary significantly between individual European member states, it is not currently possible to estimate the Company’s existing liability or future expenses resulting from the Directive.
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As the European Union and its individual member states clarify specific requirements and policies with respect to the Directive, the Company will continue to assess its potential financial impact.
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Similar legislation may be enacted in other geographies, including federal and state legislation in the United States, the cumulative impact of which could be significant.
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Note 9 - Segment Information and Geographic Data The Company manages its business primarily on a geographic basis.
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The Company’s reportable operating segments are comprised of the Americas, Europe, Japan, and Retail.
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The Americas segment includes both North and South America, except for the activities of the Company’s Retail segment.
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The Europe segment includes European countries as well as the Middle East and Africa.
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The Japan segment includes only Japan.
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The Retail segment operates Apple-owned retail stores in the United States.
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Other operating segments include Asia-Pacific, which includes Australia and Asia except for Japan, and the Company’s subsidiary, FileMaker, Inc. Each reportable geographic operating segment provides similar hardware and software products and similar services, and the accounting policies of the various segments are the ...
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The Company evaluates the performance of its operating segments based on net sales.
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The Retail segment’s performance is also evaluated based on operating income.
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Net sales for geographic segments are based on the location of the customers.
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Operating income for each segment includes revenue from third parties, cost of sales, and operating expenses directly attributable to the segment.
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Operating income for each segment excludes other income and expense and certain expenses that are managed outside the operating segments.
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Costs excluded from segment operating income include various corporate expenses, manufacturing costs not included in standard costs, income taxes, and various nonrecurring charges.
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Corporate expenses include research and development, corporate marketing expenses, and other separately managed general and administrative expenses including certain corporate expenses associated with support of the Retail segment.
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The Company does not include intercompany transfers between segments for management reporting purposes.
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Segment assets exclude corporate assets.
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Corporate assets include cash, short-term and long-term investments, manufacturing facilities, miscellaneous corporate infrastructure, goodwill and other acquired intangible assets, and retail store construction-in-progress that is not subject to depreciation.
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Except for the Retail segment, capital expenditures for long-lived assets are not reported to management by segment.
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Capital expenditures by the Retail segment were $30 million and $24 million during the first six months of 2003 and during the second quarter of 2003, respectively.
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Operating income for all segments, except Retail, includes cost of sales at standard cost.
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Certain manufacturing expenses and related adjustments not included in segment cost of sales, including variances between standard and actual manufacturing costs and the mark-up above standard cost for product supplied to the Retail segment, are included in corporate expenses.
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To assess the operating performance of the Retail segment several significant items are included in its results for internal management reporting that are not included in results of the Company’s other segments.
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First, cost of sales for the Retail segment includes a mark-up above the Company’s standard cost to approximate the price normally charged to the Company’s resellers operating retail stores in the United States.
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For the second quarter of 2003 and the second quarter of 2002, this resulted in the recognition of additional cost of sales above standard cost by the Retail segment and an offsetting benefit to corporate expenses of approximately $23 million and $21 million, respectively.
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For the first six months of 2003 and the first six months of 2002, this resulted in the recognition of additional cost of sales above standard cost by the Retail segment and an offsetting benefit to corporate expenses of approximately $46 million and $30 million, respectively.
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Second, the Retail segment includes in its net sales proceeds from sales of the Company’s extended warranty and support contracts and also recognizes related cost of sales based on the amount such contracts are normally sold to the Company’s resellers operating retail stores in the United States.
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This treatment is consistent with how the Company’s major resellers account for the sales and cost of the Company’s extended warranty and support contracts.
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Because the Company has not yet earned the revenue or incurred the costs associated with the sale of these contracts, an offset to these amounts is recognized in the Americas segment’s net sales and cost of sales.
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For the second quarter of 2003, this resulted in the recognition of additional net sales and cost of sales by the Retail segment, with corresponding offsets in the Americas segment, of $6.3 million and $4.3 million, respectively.
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For the second quarter of 2002, the net sales and cost of sales recognized by the Retail segment for sales of extended warranty and support contracts were $1.9 million and $1.4 million, respectively.
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For the first six months of 2003, this resulted in the recognition of additional net sales and cost of sales by the Retail segment, with corresponding offsets in the Americas segment, of $12.2 million and $8.5 million, respectively.
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This compares to similar adjustments to net sales and cost of sales during the first six months of 2002 of $3.0 million and $2.1 million, respectively.
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Third, a portion of the operating expenses associated with certain high profile retail stores is allocated from the Retail segment to corporate marketing expense.
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Allocation of these expenses reflects the unique nature of these stores which, given their larger size and extraordinary design elements, function as vehicles for general corporate marketing, corporate sales and marketing events, and brand awareness.
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Allocated operating costs are those in excess of operating costs incurred by one of the Company’s more typical retail locations.
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Stores were open in two such high profile locations in New York and Los Angeles as of March 29, 2003, both of which were opened in fiscal 2002.
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Expenses allocated to corporate marketing resulting from the operations of these two stores were $1.1 million in the second quarter of 2003 and $2.2 million for the six-months ended March 29, 2003.
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These costs were not significant during the first half of 2002.
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Summary information by operating segment follows (in millions): (a) Other Segments consists of Asia-Pacific and FileMaker.
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Certain amounts in 2002 fiscal periods related to recent acquisitions and Internet services have been reclassified from Other Segments to the Americas segment to conform to the 2003 presentation.
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A reconciliation of the Company’s segment operating income to the consolidated financial statements follows (in millions): Note 10 - Earnings Per Share Basic earnings per common share is computed by dividing income available to common shareholders by the weighted-average number of shares of common stock outstanding dur...
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Diluted earnings per common share is computed by dividing income available to common shareholders by the weighted-average number of shares of common stock outstanding during the period increased to include the number of additional shares of common stock that would have been outstanding if the dilutive potential shares ...
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The dilutive effect of outstanding options and restricted stock is reflected in diluted earnings per share by application of the treasury stock method.
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The following table sets forth the computation of basic and diluted earnings (loss) per share (in thousands, except net income and per share amounts): Options to purchase approximately 74 and 44 million shares of common stock that were outstanding at March 29, 2003 and March 30, 2002, respectively, were not included in...
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Additionally, 5 million shares of restricted stock were not included in the computation of diluted earnings per share for the second quarter of 2003 because their effect would have been antidilutive.
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Note 11 - Related Party Transactions and Certain Other Transactions In March 2002, the Company entered into a Reimbursement Agreement with its Chief Executive Officer, Mr. Steven P. Jobs, for the reimbursement of expenses incurred by Mr. Jobs in the operation of his private plane when used for Apple business.
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The Reimbursement Agreement is effective for expenses incurred by Mr. Jobs for Apple business purposes since he took delivery of the plane in May 2001.
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The Company recognized a total of $77,000 in expenses pursuant to this reimbursement agreement during the second quarter of 2003, and $161,000 in expenses for the six-months ended March 29, 2003.
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For fiscal 2002, the Company recognized a total of $1,168,000 in expenses pursuant to this reimbursement agreement related to expenses incurred by Mr. Jobs during 2001 and 2002.
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Mr. Jerome York, a member of the Board of Directors of the Company, is a member of an investment group that purchased MicroWarehouse, Inc. (“MicroWarehouse”) in January 2000.
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He also serves as its Chairman, President and Chief Executive Officer.
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MicroWarehouse is a multi-billion dollar specialty catalogue and online retailer and direct marketer of computer products, including products made by the Company, through its MacWarehouse catalogue.
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MicroWarehouse accounted for 2.8% and 3.0% of the Company’s net sales for the three and six-month periods ended March 29, 2003, respectively, and 3.3% of the Company’s net sales in fiscal 2002.
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Trade receivables from MicroWarehouse were $20.2 million and $20.9 million as of March 29, 2003, and September 28, 2002, respectively.
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Sales to MicroWarehouse and related trade receivables are generally subject to the same terms and conditions as those with the Company’s other resellers.
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In addition, the Company purchases miscellaneous equipment and supplies from MicroWarehouse.
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Total purchases amounted to approximately $385,000 and $1.2 million for the three and six-month periods ended March 29, 2003, respectively, and $2.9 million in fiscal 2002.
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Item 2.
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Management’s Discussion and Analysis of Financial Condition and Results of Operations This section and other parts of this Form 10-Q contain forward-looking statements that involve risks and uncertainties.
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The Company’s actual results may differ significantly from the results discussed in the forward-looking statements.
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Factors that might cause such differences include, but are not limited to, those discussed in the subsection entitled “Factors That May Affect Future Results and Financial Condition” below.
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The following discussion should be read in conjunction with the 2002 Form 10-K and the condensed consolidated financial statements and notes thereto included elsewhere in this Form 10-Q.
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All information is based on the Company’s fiscal calendar.
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Available Information Beginning in fiscal 2003, the Company’s Annual Report on Form 10-K, Quarterly Reports on Form 10-Q, Current Reports on Form 8-K, and amendments to reports filed pursuant to Sections 13(a) and 15(d) of the Securities Exchange Act of 1934, as amended, are available on our website at www.apple.com/in...
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The contents of this website are not incorporated into this filing.
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Further, our reference to the URL for this website is intended to be an inactive textual reference only.
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Critical Accounting Policies The preparation of financial statements and related disclosures in conformity with U.S. generally accepted accounting principles and the Company’s discussion and analysis of its financial condition and results of operations requires the Company’s management to make judgments, assumptions, a...
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Note 1 of the Notes to Consolidated Financial Statements in the Company’s 2002 Form 10-K describes the significant accounting policies and methods used in the preparation of the Company’s consolidated financial statements.
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Management bases its estimates on historical experience and on various other assumptions that it believes to be reasonable under the circumstances, the results of which form the basis for making judgments about the carrying values of assets and liabilities.
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Actual results may differ from these estimates.
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Management believes the Company’s critical accounting policies are those related to revenue recognition, allowance for doubtful accounts, inventory valuation and exposures related to inventory purchase commitments, valuation of long-lived assets including acquired intangibles, and valuation of non-current debt and equi...
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Management believes these policies to be critical because they are both important to the portrayal of the Company’s financial condition and results, and they require management to make judgments and estimates about matters that are inherently uncertain.
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Additional information about these critical accounting policies may by found in the Company’s 2002 Form 10-K in Item 7, “Management’s Discussion and Analysis of Financial Condition and Results of Operations,” under the heading “Critical Accounting Policies.” Accounting for Stock-Based Compensation The Company currently...
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The Company has elected to follow APB No.
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25 because, as discussed in Note 1 of the Notes to Condensed Consolidated Financial Statements provided in this Form 10-Q, the alternative fair value accounting provided for under SFAS No.
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123, Accounting for Stock-Based Compensation, requires use of option valuation models that were not developed for use in valuing employee stock options and employee stock purchase plan shares.
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Under APB Opinion No.
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