10-QPeriod: Q3 FY2020

Cloudflare, Inc. Quarterly Report for Q3 Ended Sep 30, 2020

Filed November 10, 2020For Securities:NET

Summary

This 10-Q filing for Cloudflare, Inc. (NET) for the period ending September 29, 2020, primarily focuses on corporate governance, anti-takeover provisions, and the financial implications of its outstanding convertible senior notes. As an emerging growth company, Cloudflare intends to utilize certain exemptions from reporting requirements, though it anticipates losing this status by its 2020 year-end Form 10-K. The company highlights significant anti-takeover defenses, including a dual-class stock structure, a classified board, and exclusive forum provisions for legal disputes, which could limit stockholder influence and discourage potential mergers or acquisitions. A major discussion point is the $575.0 million in aggregate principal amount of convertible senior notes issued in May 2020. The filing details the risks associated with servicing this debt, including potential cash flow shortages, limitations on future borrowing, and the possibility of default if covenants are breached. It also addresses the dilutive effect that conversion of these notes could have on existing stockholders, mitigated partly by capped call transactions, but also notes the risk of counterparty default on these hedging instruments. Investors should note Cloudflare does not intend to pay dividends in the foreseeable future.

Financial Statements
Beta
Revenue$114.16M
Cost of Revenue$27.00M
Gross Profit$87.16M
R&D Expenses$30.90M
Operating Expenses$108.41M
Operating Income-$21.25M
Interest Expense$9.83M
Net Income-$26.47M
EPS (Basic)$-0.09
EPS (Diluted)$-0.09
Shares Outstanding (Basic)301.69M
Shares Outstanding (Diluted)301.69M

Key Highlights

  • 1Cloudflare is an 'emerging growth company' and plans to use related exemptions, but expects to transition to 'large accelerated filer' status by year-end 2020.
  • 2Significant anti-takeover provisions are in place, including a dual-class stock structure, classified board, and exclusive forum clauses, potentially limiting shareholder power and acquisition attractiveness.
  • 3The company issued $575 million in convertible senior notes in May 2020, maturing in May 2025, with a 0.75% interest rate.
  • 4Risks related to the convertible notes include potential cash flow insufficiency for debt servicing, limitations on future financing, and the possibility of default.
  • 5Conversion of the notes could lead to stockholder dilution, although capped call transactions are intended to mitigate this.
  • 6The company faces counterparty risk on its capped call transactions, with potential adverse financial consequences if counterparties default.
  • 7Cloudflare does not currently intend to pay cash dividends and expects to retain future earnings for business expansion.

Frequently Asked Questions

Cloudflare has implemented several anti-takeover measures, including a dual-class stock structure giving founders significant voting influence, a classified board of directors with staggered three-year terms, limitations on director removal and board vacancies, and exclusive forum provisions for legal disputes. These measures are designed to protect the company's long-term strategy but may also discourage hostile takeovers and limit stockholder influence.

The primary risks include the potential inability to generate sufficient cash flow to service the $575 million in notes, which could lead to defaults. There's also a risk of limited flexibility for future debt or equity financing. Furthermore, if the notes are converted and settled with shares, existing stockholders could face dilution, although capped call transactions are in place to mitigate this. The company also faces counterparty risk if the financial institutions involved in these hedging transactions default.

No, Cloudflare does not intend to pay cash dividends on its capital stock in the foreseeable future. The company plans to retain all future earnings to finance the operation and expansion of its business.

Cloudflare is currently an 'emerging growth company' and plans to leverage certain exemptions from reporting requirements. However, based on its market capitalization as of June 30, 2020, the company anticipates losing this status and becoming a 'large accelerated filer' beginning with its annual report for the year ended December 31, 2020.