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Published: 2023-02-23 07:41:30 ET
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EX-99.1 2 exhibit_99-1.htm EXHIBIT 99.1
Exhibit 99.1

NICE Reports Strong Finish to 2022 With 26% Cloud Revenue Growth for the Fourth Quarter


 •
Full-year cloud revenue growth of 27% at constant currency

•
Full-year total revenue growth of 14% at constant currency, exceeding high end of guidance range

•
Non-GAAP full year earnings per share growth of 17%, exceeding high end of guidance range

Hoboken, New Jersey, February 23, 2023 - NICE (NASDAQ: NICE) today announced results for the fourth quarter and full year ended December 31, 2022, as compared to the corresponding period of the previous year.

Fourth Quarter 2022 Financial Highlights

GAAP
Non-GAAP
Total revenue was $568.6 million and increased 10%
Total revenue was $568.6 million and increased 10% ($575.8 million in constant currency, up 12%)
Cloud revenue was $358.9 million and increased 26%
Cloud revenue was $358.9 million and increased 26% ($361.4 million in constant currency, up 27%)
Cloud gross margin was 64.5% compared to 60.7% last year
Cloud gross margin was 70.5% compared to 68.2% last year
Total gross margin was 68.2% compared to 67.9% last year
Total gross margin was 72.6% compared to 73.0% last year
Operating income was $87.8 million and increased 35%
Operating income was $162.8 million and increased 12%
Operating margin was 15.4% compared to 12.6% last year
Operating margin was 28.6%, compared to 28.2% last year
Diluted EPS was $1.07 and increased 41%
Diluted EPS was $2.04 and increased 18%
Operating cash flow increased 57% to $176.7 million
  

Full Year 2022 Financial Highlights

GAAP
Non-GAAP
Total revenue was $2,181.3 million, and increased 14%
Total revenue was $2,181.3 million, and increased 13% ($2,204.1 million in constant currency, up 14%)
Cloud revenue was $1,295.3 million and increased 27%
Cloud revenue was $1,295.3 million and increased 27% ($1,303.0 million in constant currency, up 27%)
Cloud gross margin was 63.5% compared to 59.7% last year
Cloud gross margin was 70.0% compared to 67.7% last year
Total gross margin was 68.7% compared to 67.5% last year
Total gross margin was 73.1% compared to 72.6% last year
Operating income was $335.2 million and increased 27%
Operating income was $625.1 million and increased 15%
Operating margin was 15.4% compared to 13.7% last year
Operating margin was 28.7%, compared to 28.2% last year
Diluted EPS was $4.00 and increased 34%
Diluted EPS was $7.62 versus and increased 17%
Operating cash flow increased 4% to $479.7 million
  

“2022 was another landmark year for NICE capped off by strong fourth quarter results as we exceeded the high end of our guidance range with full-year total revenue growth of 14% at constant currency, as well as full-year earnings per share growth of 17%. These excellent results, together with further growth in profitability, strong free cash flow and a rock-solid balance sheet, provides us the industry-leading financial position to continue to grow our business, increase profitability and further expand our competitive lead in our markets,” said Barak Eilam, CEO, NICE.

Mr. Eilam continued, “We are in a winning competitive position operationally, innovatively, and financially, and this provides us significant opportunities ahead to capture a large and expanding market. These opportunities include cloud expansion in a vastly underpenetrated enterprise market, accelerating demand for a complete platform as the market standard, the rise of AI, and a favorable competitive landscape.”

GAAP Financial Highlights for the Fourth Quarter and Full Year Ended December 31:

Revenues: Fourth quarter 2022 total revenues increased 10% to $568.6 million compared to $515.5 million for the fourth quarter of 2021.
Full year 2022 total revenues increased 14% to $2,181.3 million compared to $1,921.2 million for the full year 2021.

Gross Profit: Fourth quarter 2022 gross profit was $387.6 million compared to $350.2 million for the fourth quarter of 2021. Fourth quarter 2022 gross margin was 68.2% compared to 67.9% for the fourth quarter of 2021.
Full year 2022 gross profit was $1,497.6 million compared to $1,296.7 million for the full year 2021. Full year 2022 gross margin was 68.7% compared to 67.5% for the full year 2021.

Operating Income: Fourth quarter 2022 operating income was $87.8 million compared to $65.1 million for the fourth quarter of 2021. Fourth quarter 2022 operating margin was 15.4% compared to 12.6% for the fourth quarter of 2021.
Full year 2022 operating income was $335.2 million compared to $263.9 million for the full year 2021. Full year 2022 operating margin was 15.4% compared to 13.7% for the full year 2021.

Net Income: Fourth quarter 2022 net income was $71.2 million compared to $51.2 million for the fourth quarter of 2021. Fourth quarter 2022 net income margin was 12.5% compared to 9.9% for the fourth quarter of 2021.
Full year 2022 net income was $265.9 million compared to $199.2 million for the full year 2021. Full year 2022 net income margin was 12.2% compared to 10.4% for the full year 2021.

Fully Diluted Earnings Per Share: Fully diluted earnings per share for the fourth quarter of 2022 increased 41% to $1.07 compared to $0.76 in the fourth quarter of 2021.
Fully diluted earnings per share for the full year 2022 increased 34% to $4.00 compared to $2.98 for the full year 2021.

Operating Cash Flow and Cash Balance: Fourth quarter 2022 operating cash flow was $176.7 million and full year 2022 operating cash flow was $479.7 million.
In the fourth quarter 2022, $24.5 million was used for share repurchases and for the full year 2022, $144.9 million were used for share repurchases.
As of December 31, 2022, total cash and cash equivalents, and short-term investments were $1,571.5 million. Our debt, net of a hedge instrument, was $542.4 million, resulting in net cash and investments of $1,029.1 million.
 
Non-GAAP Financial Highlights for the Fourth Quarter and Full Year Ended December 31:
 
Revenues: Fourth quarter 2022 total revenues increased 10% to $568.6 million (up 12% in constant currency to $575.8 million) compared to $515.5 million for the fourth quarter of 2021.
Full year 2022 total revenues increased 13% to $2,181.3 million (up 14% in constant currency to $2,204.1 million) compared to $1,925.7 million for the full year 2021.

Gross Profit: Fourth quarter 2022 Non-GAAP gross profit increased to $412.6 million compared to $376.4 million for the fourth quarter of 2021. Fourth quarter 2022 Non-GAAP gross margin was 72.6% compared to 73.0% for the fourth quarter of 2021.
Full year 2022 gross profit was $1,594.6 million compared to $1,397.6 million for the full year 2021. Full year 2022 gross margin was 73.1% compared to 72.6% for the full year 2021.

Operating Income: Fourth quarter 2022 Non-GAAP operating income increased to $162.8 million compared to $145.6 million for the fourth quarter of 2021. Fourth quarter 2022 Non-GAAP operating margin was 28.6% compared to 28.2% for the fourth quarter of 2021.
Full year 2022 operating income was $625.1 million compared to $543.9 million for the full year 2021. Full year 2022 operating margin was 28.7% compared to 28.2% for the full year 2021.

Net Income: Fourth quarter 2022 Non-GAAP net income increased to $135.3 million compared to $116.7 million for the fourth quarter of 2021. Fourth quarter 2022 Non-GAAP net income margin totaled 23.8% compared to 22.6% for the fourth quarter of 2021.
Full year 2022 net income was $506.8 million compared to $436.3 million for the full year 2021. Full year 2022 net income margin was 23.2% compared to 22.7% for the full year 2021.

Fully Diluted Earnings Per Share: Fourth quarter 2022 Non-GAAP fully diluted earnings per share increased 18% to $2.04 compared to $1.73 for the fourth quarter of 2021.
Fully diluted earnings per share for the full year 2022 increased 17% to $7.62 compared to $6.52 for the full year 2021.

First Quarter and Full Year 2023 Guidance:
 
The Company plans to fully execute the $250 million share repurchase program announced last quarter in its entirety by the end of 2023.
 
With year-over-year cloud revenue growth expected to be in a range of 22% to 25% for the full year 2023, the Company is providing the following total revenue and EPS guidance:
 
First Quarter 2023:
First quarter 2023 Non-GAAP total revenues are expected to be in a range of $559 million to $569 million, representing 7% growth year over year at the midpoint.

First quarter 2023 Non-GAAP fully diluted earnings per share are expected to be in a range of $1.92 to $2.02, representing 9% growth year over year at the midpoint.

Full Year 2023:
Full year 2023 Non-GAAP total revenues are expected to be in a range of $2,345 million to $2,365 million, representing 8% growth at the midpoint compared to full year 2022.

Full year 2023 Non-GAAP fully diluted earnings per share are expected to be in a range of $8.28 to $8.48, representing 10% growth at the midpoint compared to full year 2022.

Quarterly Results Conference Call

NICE management will host its earnings conference call today February 23, 2023, at 8:30 AM ET, 13:30 GMT, 15:30 Israel, to discuss the results and the company's outlook. To participate in the call, please dial into the following numbers: United States 1-877-407-4018 or +1-201-689-8471, United Kingdom 0-800-756-3429, Israel 1-809-406-247.
The call will be webcast live on the Company’s website at https://www.nice.com/investor-relations/upcoming-event.

Explanation of Non-GAAP measures
Non-GAAP financial measures are included in this press release. Non-GAAP financial measures consist of GAAP financial measures adjusted to exclude share-based compensation, amortization of acquired intangible assets, acquisition related expenses, amortization of discount on debt and loss from extinguishment of debt and the tax effect of the Non-GAAP adjustments. FASB issued an accounting update, ASU2021-08, Business Combinations, in the fourth quarter of 2021.  The amendments in ASU 2021-08 require acquiring entities to apply Topic 606 to recognize and measure contract assets and contract liabilities in a business combination. Before this guidance and through December 31, 2020, business combination accounting rules required recognizing a legal performance obligation related to a revenue arrangement of an acquired entity as a liability. The amount assigned to such liability was based on its fair value at the date of acquisition. Effective January 1, 2021, the Company early adopted the new guidance retroactively to the start of the year. The Company has applied the new guidance retrospectively to all business combinations for which the acquisition date occurred on or after January 1, 2021, and therefore comparative financials for periods during 2021 have been adjusted accordingly to recognize the full amount of revenue associated with acquisitions.
The Company believes that these Non-GAAP financial measures, used in conjunction with the corresponding GAAP measures, provide investors with useful supplemental information about the financial performance of our business. We believe Non-GAAP financial measures are useful to investors as a measure of the ongoing performance of our business. Our management regularly uses our supplemental Non-GAAP financial measures internally to understand, manage and evaluate our business and to make financial, strategic and operating decisions. These Non-GAAP measures are among the primary factors management uses in planning for and forecasting future periods. Our Non-GAAP financial measures are not meant to be considered in isolation or as a substitute for comparable GAAP measures and should be read only in conjunction with our consolidated financial statements prepared in accordance with GAAP. These Non-GAAP financial measures may differ materially from the Non-GAAP financial measures used by other companies. Reconciliation between results on a GAAP and Non-GAAP basis is provided in a table immediately following the Consolidated Statements of Income. The Company provides guidance only on a Non-GAAP basis. A reconciliation of guidance from a GAAP to Non-GAAP basis is not available due to the unpredictability and uncertainty associated with future events that would be reported in GAAP results and would require adjustments between GAAP and Non-GAAP financial measures, including the impact of future possible business acquisitions. Accordingly, a reconciliation of the guidance based on Non-GAAP financial measures to corresponding GAAP financial measures for future periods is not available without unreasonable effort.

Explanation of Constant Currency
NICE presents constant currency information to provide a framework for assessing how our underlying businesses performed excluding the effect of foreign currency rate fluctuations. To present this information, current results for transactions in currencies other than United States dollars are converted into United States dollars using the average exchange rates from the comparative period rather than the actual exchange rates in effect during the current period.
Future expected results for transactions in currencies other than United States dollars are converted into United States dollars using the exchange rates in effect in the last month of the reporting period. NICE has provided this financial information to aid investors in better understanding our performance. These constant currency financial measures presented in this release should not be considered as a substitute for, or superior to, the measures of financial performance prepared in accordance with GAAP.

About NICE
NICE (Nasdaq: NICE) is the worldwide leading provider of both cloud and on-premises enterprise software solutions that empower organizations to make smarter decisions based on advanced analytics of structured and unstructured data. NICE helps organizations of all sizes deliver better customer service, ensure compliance, combat fraud and safeguard citizens. Over 25,000 organizations in more than 150 countries, including over 85 of the Fortune 100 companies, are using NICE solutions. www.nice.com.

Investor Relations Contact
Marty Cohen, +1 551 256 5354, ir@nice.com, ET
Omri Arens, +972 3 763-0127, ir@nice.com, CET

Media Contact
Chris Irwin-Dudek, +1 (551) 256-5140, Chris.Irwin-Dudek@nice.com          

Trademark Note: NICE and the NICE logo are trademarks or registered trademarks of NICE. All other marks are trademarks of their respective owners. For a full list of NICE' marks, please see: http://www.nice.com/nice-trademarks.

Forward-Looking Statements
This press release contains forward-looking statements as that term is defined in the Private Securities Litigation Reform Act of 1995. In some cases, forward-looking statements may be identified by words such as “believe,” “expect,” “seek,” “may,” “will,” “intend,” “should,” “project,” “anticipate,” “plan,” and similar expressions. Forward-looking statements are based on the current beliefs, expectations and assumptions of the Company’s management regarding the future of the Company’s business, future plans and strategies, projections, anticipated events and trends, the economy and other future conditions. Examples of forward-looking statements include guidance regarding the Company’s revenue and earnings and the growth of our cloud, analytics and artificial intelligence business.
 
Forward looking statements are inherently subject to significant economic, competitive and other uncertainties and contingencies, many of which are beyond the control of management. The Company cautions that these statements are not guarantees of future performance, and investors should not place undue reliance on them. There are or will be important known and unknown factors and uncertainties that could cause actual results to differ materially from those expressed or implied in the forward-looking statements.  These factors, include, but are not limited to, risks associated with changes in economic and business conditions, competition, successful execution of the Company’s growth strategy, success and growth of the Company’s cloud Software-as-a-Service business, difficulties in making additional acquisitions or effectively integrating acquired operations, products, technologies and personnel, the Company’s dependency on third-party cloud computing platform providers, hosting facilities and service partners, rapidly changing technology, cyber security attacks or other security breaches against the Company, privacy concerns and legislation impacting the Company’s business, changes in currency exchange rates and interest rates, the effects of additional tax liabilities resulting from our global operations, the effect of unexpected events or geo-political conditions, such as the COVID-19 pandemic, that may disrupt our business and the global economy and various other factors and uncertainties discussed in our filings with the U.S. Securities and Exchange Commission (the “SEC”).
 
You are encouraged to carefully review the section entitled “Risk Factors” in our latest Annual Report on Form 20-F and our other filings with the SEC for additional information regarding these and other factors and uncertainties that could affect our future performance. The forward-looking statements contained in this press release speak only as of the date hereof, and the Company undertakes no obligation to update or revise them, whether as a result of new information, future developments or otherwise, except as required by law.
 
###
 
NICE LTD. AND SUBSIDIARIES
        
CONDENSED CONSOLIDATED BALANCE SHEETS
        
U.S. dollars in thousands
        

   
December 31,
    
December 31,
  
   
2022
    
2021
  
   
Unaudited
    
Audited
  
             
ASSETS
            
             
CURRENT ASSETS:
            
Cash and cash equivalents
  
$
529,596
    
$
378,656
  
Short-term investments
    
1,041,943
      
1,046,095
  
Trade receivables
    
515,730
      
395,583
  
Debt hedge option
    
122,323
      
292,940
  
Prepaid expenses and other current assets
    
206,372
      
184,604
  
                 
Total current assets
    
2,415,964
      
2,297,878
  
                 
LONG-TERM ASSETS:
                
Property and equipment, net
    
159,284
      
145,654
  
Deferred tax assets
    
119,821
      
55,246
  
Other intangible assets, net
    
209,605
      
295,378
  
Operating lease right-of-use assets
    
102,893
      
85,055
  
Goodwill
    
1,617,118
      
1,606,756
  
Prepaid expenses and other long-term assets
    
231,496
      
224,445
  
                 
Total long-term assets
    
2,440,217
      
2,412,534
  
                 
TOTAL ASSETS
  
$
4,856,181
    
$
4,710,412
  
                 
LIABILITIES AND SHAREHOLDERS' EQUITY
                
                 
CURRENT LIABILITIES:
                
Trade payables
  
$
56,019
    
$
36,121
  
Deferred revenues and advances from customers
    
338,930
      
330,459
  
Current maturities of operating leases
    
13,525
      
19,514
  
Debt
    
209,292
      
395,946
  
Accrued expenses and other liabilities
    
526,527
      
487,547
  
                 
Total current liabilities
    
1,144,293
      
1,269,587
  
                 
LONG-TERM LIABILITIES:
                
Deferred revenues and advances from customers
    
57,211
      
66,606
  
Operating leases
    
99,261
      
81,185
  
Deferred tax liabilities
    
6,024
      
7,429
  
Debt
    
455,382
      
429,267
  
Other long-term liabilities
    
38,587
      
18,379
  
                 
Total long-term liabilities
    
656,465
      
602,866
  
                 
SHAREHOLDERS' EQUITY
                
Nice Ltd's equity
    
3,042,085
      
2,825,085
  
Non-controlling interests
    
13,338
      
12,874
  
                 
Total shareholders' equity
    
3,055,423
      
2,837,959
  
                 
TOTAL LIABILITIES AND SHAREHOLDERS' EQUITY
  
$
4,856,181
    
$
4,710,412
  


NICE LTD. AND SUBSIDIARIES
              
CONSOLIDATED STATEMENTS OF INCOME
              
U.S. dollars in thousands (except per share amounts)
              

   
Quarter ended
    
Year to date
  
   
December 31,
    
December 31,
  
   
2022
    
2021
    
2022
    
2021
  
   
Unaudited
    
Audited
    
Unaudited
    
Audited
  
                         
Revenue:
                        
Cloud
  
$
358,850
    
$
285,201
    
$
1,295,323
    
$
1,018,624
  
Services
    
161,208
      
166,376
      
650,116
      
660,083
  
Product
    
48,502
      
63,896
      
235,855
      
242,443
  
Total revenue
    
568,560
      
515,473
      
2,181,294
      
1,921,150
  
                                 
Cost of revenue:
                                
Cloud
    
127,309
      
112,127
      
472,805
      
410,671
  
Services
    
46,339
      
47,341
      
183,938
      
191,137
  
Product
    
7,332
      
5,777
      
26,945
      
22,648
  
Total cost of revenue
    
180,980
      
165,245
      
683,688
      
624,456
  
                                 
Gross profit
    
387,580
      
350,228
      
1,497,606
      
1,296,694
  
                                 
Operating expenses:
                                
Research and development, net
    
81,964
      
75,332
      
306,073
      
271,187
  
Selling and marketing
    
148,198
      
149,662
      
609,833
      
536,192
  
General and administrative
    
69,594
      
60,167
      
246,527
      
225,406
  
Total operating expenses
    
299,756
      
285,161
      
1,162,433
      
1,032,785
  
                                 
Operating income
    
87,824
      
65,067
      
335,173
      
263,909
  
                                 
Financial and other expense (income), net
    
(9,127
)
    
7,696
      
(10,159
)
    
23,290
  
                                 
Income before tax
    
96,951
      
57,371
      
345,332
      
240,619
  
Taxes on income
    
25,765
      
6,210
      
79,387
      
41,396
  
Net income
  
$
71,186
    
$
51,161
    
$
265,945
    
$
199,223
  
                                 
Earnings per share:
                                
Basic
  
$
1.11
    
$
0.81
    
$
4.17
    
$
3.15
  
Diluted
  
$
1.07
    
$
0.76
    
$
4.00
    
$
2.98
  
                                 
Weighted average shares outstanding:
                                
Basic
    
63,961
      
63,382
      
63,790
      
63,189
  
Diluted
    
66,285
      
67,245
      
66,465
      
66,896
  


NICE LTD. AND SUBSIDIARIES
              
CONSOLIDATED CASH FLOW STATEMENTS
              
U.S. dollars in thousands
              

   
Quarter ended
    
Year to date
  
   
December 31,
    
December 31,
  
   
2022
    
2021
    
2022
    
2021
  
   
Unaudited
    
Audited
    
Unaudited
    
Audited
  
                         
Operating Activities
                        
                         
Net income
  
$
71,186
    
$
51,161
    
$
265,945
    
$
199,223
  
Adjustments to reconcile net income to net cash provided by operating activities
                                
Depreciation and amortization
    
47,469
      
47,350
      
176,546
      
184,092
  
Stock based compensation
    
49,015
      
49,968
      
182,704
      
153,030
  
Amortization of premium and discount and accrued interest on marketable securities
    
1,160
      
1,855
      
8,322
      
11,867
  
Deferred taxes, net
    
(33,236
)
    
(9,114
)
    
(56,862
)
    
(39,316
)
Changes in operating assets and liabilities:
                                
Trade Receivables
    
(41,290
)
    
(40,149
)
    
(126,925
)
    
(85,778
)
Prepaid expenses and other assets
    
6,983
      
(43,405
)
    
(33,290
)
    
(79,624
)
Trade payables
    
18,280
      
9,254
      
19,923
      
(389
)
Accrued expenses and other liabilities
    
47,041
      
41,578
      
36,758
      
64,179
  
Operating lease right-of-use assets
    
3,579
      
2,758
      
20,393
      
15,075
  
Deferred revenues
    
8,749
      
(2,276
)
    
6,417
      
30,770
  
Operating lease liabilities
    
(3,703
)
    
(3,206
)
    
(26,191
)
    
(18,011
)
Amortization of discount on debt
    
1,151
      
2,946
      
4,582
      
14,469
  
Loss in respect of debt extinguishment
    
-
      
5,893
      
1,206
      
13,969
  
Other
    
322
      
(1,955
)
    
187
      
(1,740
)
  Net cash provided by operating activities
    
176,706
      
112,658
      
479,715
      
461,816
  
                                 
Investing Activities
                                
                                 
Purchase of property and equipment
    
(10,941
)
    
(3,658
)
    
(31,893
)
    
(24,771
)
Purchase of Investments
    
(30,840
)
    
(40,233
)
    
(396,297
)
    
(322,129
)
Proceeds from Investments
    
33,156
      
44,681
      
355,560
      
270,645
  
Capitalization of internal use software costs
    
(12,826
)
    
(10,453
)
    
(49,997
)
    
(42,440
)
Other
    
-
      
-
      
276
      
-
  
Payments for business and asset acquisitions, net of cash acquired
    
(30,000
)
    
360
      
(30,000
)
    
(142,804
)
  Net cash used in investing activities
    
(51,451
)
    
(9,303
)
    
(152,351
)
    
(261,499
)
                                 
Financing Activities
                                
                                 
Proceeds from issuance of shares upon exercise of options
    
529
      
942
      
953
      
4,426
  
Purchase of treasury shares
    
(24,543
)
    
(24,272
)
    
(144,944
)
    
(73,180
)
Dividends paid to noncontrolling interest
    
-
      
(953
)
    
(376
)
    
(1,754
)
Purchase of subsidiaries shares from non-controlling interest
    
-
      
(14,000
)
    
-
      
(14,000
)
Repayment of debt
    
(4
)
    
(83,993
)
    
(20,132
)
    
(177,308
)
 Net cash used in financing activities
    
(24,018
)
    
(122,276
)
    
(164,499
)
    
(261,816
)
                                 
Effect of exchange rates on cash and cash equivalents
    
3,877
      
(119
)
    
(8,425
)
    
(2,112
)
                                 
Net change in cash, cash equivalents and restricted cash
    
105,114
      
(19,040
)
    
154,440
      
(63,611
)
Cash, cash equivalents and restricted cash, beginning of period
  
$
427,982
    
$
397,696
    
$
378,656
    
$
442,267
  
                                 
Cash, cash equivalents and restricted cash, end of period
  
$
533,096
    
$
378,656
    
$
533,096
    
$
378,656
  


NICE LTD. AND SUBSIDIARIES
              
RECONCILIATION OF GAAP TO NON-GAAP RESULTS
              
U.S. dollars in thousands (except per share amounts)
              

   
Quarter ended
    
Year to date
  
   
December 31,
    
December 31,
  
   
2022
    
2021
    
2022
    
2021
  
GAAP revenues
  
$
568,560
    
$
515,473
    
$
2,181,294
    
$
1,921,150
  
Valuation adjustment on acquired deferred cloud revenue
    
-
      
-
      
-
      
4,372
  
Valuation adjustment on acquired deferred services revenue
    
-
      
-
      
-
      
175
  
Non-GAAP revenues
  
$
568,560
    
$
515,473
    
$
2,181,294
    
$
1,925,697
  
                                 
GAAP cost of revenue
  
$
180,980
    
$
165,245
    
$
683,688
    
$
624,456
  
Amortization of acquired intangible assets on cost of cloud
    
(18,940
)
    
(18,796
)
    
(74,791
)
    
(72,015
)
Amortization of acquired intangible assets on cost of services
    
-
      
(669
)
    
(377
)
    
(4,228
)
Amortization of acquired intangible assets on cost of product
    
(241
)
    
(277
)
    
(1,017
)
    
(1,130
)
Valuation adjustment on acquired deferred cost of cloud
    
13
      
21
      
54
      
97
  
Cost of cloud revenue adjustment (1)
    
(2,451
)
    
(2,661
)
    
(8,840
)
    
(7,949
)
Cost of services revenue adjustment (1)
    
(3,233
)
    
(3,597
)
    
(11,497
)
    
(10,513
)
Cost of product revenue adjustment (1)
    
(147
)
    
(185
)
    
(548
)
    
(595
)
Non-GAAP cost of revenue
  
$
155,981
    
$
139,081
    
$
586,672
    
$
528,123
  
                                 
GAAP gross profit
  
$
387,580
    
$
350,228
    
$
1,497,606
    
$
1,296,694
  
Gross profit adjustments
    
24,999
      
26,164
      
97,016
      
100,880
  
Non-GAAP gross profit
  
$
412,579
    
$
376,392
    
$
1,594,622
    
$
1,397,574
  
                                 
GAAP operating expenses
  
$
299,756
    
$
285,161
    
$
1,162,433
    
$
1,032,785
  
Research and development (1)
    
(9,736
)
    
(9,980
)
    
(33,561
)
    
(25,221
)
Sales and marketing (1)
    
(13,993
)
    
(14,495
)
    
(57,114
)
    
(42,021
)
General and administrative (1)
    
(20,549
)
    
(19,403
)
    
(73,540
)
    
(70,776
)
Amortization of acquired intangible assets
    
(5,748
)
    
(10,538
)
    
(28,901
)
    
(41,308
)
Valuation adjustment on acquired deferred commission
    
43
      
54
      
196
      
215
  
Non-GAAP operating expenses
  
$
249,773
    
$
230,799
    
$
969,513
    
$
853,674
  
                                 
GAAP financial and other expense (income), net
  
$
(9,127
)
  
$
7,696
    
$
(10,159
)
  
$
23,290
  
Amortization of discount on debt and loss from extinguishment of debt
    
(1,151
)
    
(8,874
)
    
(5,788
)
    
(28,279
)
Non-GAAP financial and other income, net
  
$
(10,278
)
  
$
(1,178
)
  
$
(15,947
)
  
$
(4,989
)
                                 
                                 
GAAP taxes on income
  
$
25,765
    
$
6,210
    
$
79,387
    
$
41,396
  
Tax adjustments re non-GAAP adjustments
    
12,037
      
23,898
      
54,897
      
71,157
  
Non-GAAP taxes on income
  
$
37,802
    
$
30,108
    
$
134,284
    
$
112,553
  
                                 
GAAP net income
  
$
71,186
    
$
51,161
    
$
265,945
    
$
199,223
  
Valuation adjustment on acquired deferred revenue
    
-
      
-
      
-
      
4,547
  
Valuation adjustment on acquired deferred cost of cloud revenue
    
(13
)
    
(21
)
    
(54
)
    
(97
)
Amortization of acquired intangible assets
    
24,929
      
30,280
      
105,086
      
118,681
  
Valuation adjustment on acquired deferred commission
    
(43
)
    
(54
)
    
(196
)
    
(215
)
Share-based compensation (1)
    
50,061
      
50,321
      
185,052
      
154,213
  
Acquisition related expenses (2)
    
48
      
-
      
48
      
2,862
  
Amortization of discount on debt and loss from extinguishment of debt
    
1,151
      
8,874
      
5,788
      
28,279
  
Tax adjustments re non-GAAP adjustments
    
(12,037
)
    
(23,898
)
    
(54,897
)
    
(71,157
)
Non-GAAP net income
  
$
135,282
    
$
116,663
    
$
506,772
    
$
436,336
  
                                 
GAAP diluted earnings per share
  
$
1.07
    
$
0.76
    
$
4.00
    
$
2.98
  
                                 
Non-GAAP diluted earnings per share
  
$
2.04
    
$
1.73
    
$
7.62
    
$
6.52
  
                                 
Shares used in computing GAAP diluted earnings per share
    
66,285
      
67,245
      
66,465
      
66,896
  
                                 
Shares used in computing non-GAAP diluted earnings per share
    
66,285
      
67,245
      
66,465
      
66,896
  


NICE LTD. AND SUBSIDIARIES
              
RECONCILIATION OF GAAP TO NON-GAAP RESULTS (continued)
              
U.S. dollars in thousands
              

(1)
Share-based Compensation

     
Quarter ended
    
Year to date
  
     
December 31,
    
December 31,
  
     
2022
    
2021
    
2022
    
2021
  
                           
 
Cost of cloud revenue
  
$
2,451
    
$
2,661
    
$
8,840
    
$
7,949
  
 
Cost of services revenue
    
3,233
      
3,597
      
11,497
      
10,513
  
 
Cost of product revenue
    
147
      
185
      
548
      
595
  
 
Research and development
    
9,736
      
9,980
      
33,561
      
25,221
  
 
Sales and marketing
    
13,993
      
14,495
      
57,114
      
42,021
  
 
General and administrative
    
20,501
      
19,403
      
73,492
      
67,914
  
     
$
50,061
    
$
50,321
    
$
185,052
    
$
154,213
  

(2)
Acquisition related expenses

     
Quarter ended
    
Year to date
  
     
December 31,
    
December 31,
  
     
2022
    
2021
    
2022
    
2021
  
                           
 
Research and development
    
-
      
-
      
-
      
-
  
 
Sales and marketing
    
-
      
-
      
-
      
-
  
 
General and administrative
    
48
      
-
      
48
      
2,862
  
       
48
      
-
      
48
      
2,862