U.S. SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(D) OF THE
SECURITIES EXCHANGE ACT OF 1934
Date of report (Date of earliest event reported): May 3, 2004
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eSPEED, INC.
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(Exact Name of Registrant as Specified in Its Charter)
Delaware 0-28191 13-4063515
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(State or Other Jurisdiction (Commission (I.R.S. Employer
of Incorporation) File Number) Identification No.)
135 East 57th Street, New York, New York 10022
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(Address of Principal Executive Offices) (Zip Code)
(212) 938-5000
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(Registrant's Telephone Number, Including Area Code)
Not applicable
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(Former Name or Address, if Changed Since Last Report)
ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS
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(c) Exhibits.
See Exhibit Index attached to this Current Report on Form 8-K.
ITEM 12. RESULTS OF OPERATIONS AND FINANCIAL CONDITION
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On May 3, 2004, eSpeed, Inc. (the "Registrant") issued a press release
announcing its preliminary operating statistics for the quarter ended March 31,
2004. A copy of the press release is furnished as Exhibit 99.1 to this Current
Report on Form 8-K.
In accordance with the procedural guidance in SEC Release No. 33-8216, the
information in this Current Report on Form 8-K and the Exhibit attached to this
Current Report on Form 8-K are being furnished under Item 12 of Form 8-K. The
information shall not be deemed "filed" for purposes of Section 18 of the
Securities Exchange Act of 1934 (the "Exchange Act") or otherwise subject to the
liabilities of that section, nor shall it be deemed incorporated by reference in
any filing under the Securities Act of 1933 or the Exchange Act, except as
expressly set forth by specific reference in such filing.
In the press release, the Registrant uses non-GAAP financial measures of
revenues, income before income tax provision, net income and earnings per share
to supplement its consolidated financial statements presented in accordance with
generally accepted accounting principles, or GAAP, and to better reflect its
quarter-over-quarter and comparative first quarter operating performance. The
Registrant also provides a computation of free cash flows. These non-GAAP
financial measures do not replace the presentation of GAAP financial results but
are provided to enhance overall understanding of the Registrant's current
financial performance and prospects for the future. Specifically, the
Registrant's management believes that the non-GAAP financial results provide
useful information to both management and investors regarding certain additional
financial and business trends relating to its financial condition and results
from operations. In addition, management uses these measures for reviewing the
Registrant's financial results and evaluating its financial performance.
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, the
Registrant has duly caused this report on Form 8-K to be signed on its behalf by
the undersigned hereunto duly authorized.
eSpeed, Inc.
Date: May 3, 2004 By: /s/ Howard W. Lutnick
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Howard W. Lutnick
Chairman, Chief Executive Officer
and President
EXHIBIT INDEX
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Exhibit
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99.1 Press release of eSpeed, Inc. dated May 3, 2004 containing
preliminary operating statistics for the quarter ended March 31, 2004.