UNITED STATES
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

July 29, 2010
Date of report (Date of earliest event reported)

IMAX Corporation

(Exact Name of Registrant as Specified in Its Charter)

Canada (State or Other Jurisdiction of Incorporation)		0-24216 (Commission File Number)		98-0140269 (I.R.S. Employer Identification Number)

2525 Speakman Drive, Mississauga, Ontario, Canada, L5K 1B1
              (Address of Principal Executive Offices)             (Postal Code)

(905) 403-6500
(Registrant’s Telephone Number, Including Area Code)

N/A
(Former Name or Former Address, if Changed Since Last Report)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

o		Written communication pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o		Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o		Pre-commencement communication pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o		Pre-commencement communication pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

Item 2.02   Results of Operations and Financial Condition

     On July 29, 2010, IMAX Corporation (the “Company”) issued a press release announcing the Company’s financial and operating results for the quarter ended June 30, 2010. A copy of the press release is attached as Exhibit 99.1.

     The information in this current report on Form 8-K, including the Exhibit attached hereto, shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934 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, except as shall be expressly set forth by specific reference in such filing.

Item 9.01   Financial Statements and Exhibits

(d)   Exhibits

Exhibit No.		Description
99.1		Press Release, dated July 29, 2010, furnished pursuant to Item 2.02.

SIGNATURES

     Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

Exhibit 99.1

IMAX CORPORATION
2525 Speakman Drive
Mississauga, Ontario, Canada L5K 1B1
Tel: (905) 403-6500 Fax: (905) 403-6450
www.imax.com

IMAX Chief Executive Officer Richard L. Gelfond. “The level of signings activity we have seen during the first half of the year from all around the world is giving us increased visibility into our business and positioning us for commercial network expansion of approximately 26% in 2010. We believe our signings momentum combined with the recurring revenue nature of our model will serve as a catalyst for EBITDA growth.”

Mr. Gelfond continued, “In addition, as a result of new signings announcements to date, our continued discussions with exhibitors throughout the world and significant exhibition industry expansion in emerging markets such as China, we believe the worldwide market opportunity for IMAX^® theatres is potentially closer to 1,200 to 1,250 instead of our previous outlook of 1,000 worldwide theatres.”

Second Quarter Segment Results

Second quarter IMAX systems revenue increased 108% to $17.3 million from $8.3 million the second quarter of 2009. The Company installed and recognized revenue on six full, new theatre systems with an average value of $1.6 million in the second quarter of 2010, compared to three with an average value of $1.4 million in the second quarter of 2009. The Company also installed 11 digital system upgrades in the second quarter of 2010 compared to two in the same year-ago period.

For the second quarter of 2010, total film revenue increased 28% to $20.7 million, compared to $16.1 million in the second quarter of 2009. Production and IMAX DMR^® revenues increased 20% to $14.5 million, compared to $12.1 million in the year ago period. Second quarter DMR revenues were driven by a broader film slate in 2010 versus the same quarter in 2009, including Iron Man 2, the Company’s first Marvel title, and Toy Story 3, its first title from Disney’s Pixar, as well as by the increased number of IMAX theatres in operation as compared to a year ago.

Gross box office from DMR titles increased 36% to $114.6 million in the second quarter of 2010, compared to $84.3 million in the second quarter of 2009. The per screen average for IMAX DMR titles in the second quarter was $487,400 ($390,300 domestic, $612,700 international) versus $410,400 ($413,400 domestic, $359,900 international) in the second quarter of 2009. For title by title detail, please see the end of this press release. Third quarter gross box office to date is $41.8 million, compared to $29.8 million during the same period last year. For the entire third quarter of 2009, IMAX DMR gross box office totaled $57.6 million.

“We delivered solid gross box office results in the second quarter and are pleased with the initial start to the third quarter, which is being driven by Inception, the international releases of Toy Story 3 and Shrek, and the Chinese blockbuster, Aftershock,” Mr. Gelfond stated. “The growth of our theatre network and success of Hollywood films released in the IMAX theater network continues to attract Hollywood studios, as best evidenced by our multi-picture deals signed in the quarter with Warner Bros. and Disney, and we are pleased to have launched Aftershock in greater China, an important milestone for our Company as our brand becomes more global in nature. The increased visibility into our film slate is an added impetus for commercial theatre operators to add IMAX theatres to their multiplexes in locations around the world.”

Revenue from joint revenue sharing arrangements increased 18% to $8.5 million in the second quarter of 2010, compared to $7.2 million in the prior year period, reflecting an increase in the number of joint revenue sharing theatres in operation as well as higher year-over-year gross box office per screen averages. In the second quarter of 2010, the Company installed a total of four full, new theatre systems under joint revenue sharing arrangements, compared to 22 such installations, and two digital upgrades, in the second quarter of 2009. As of June 30, 2010, a total of 126 theatres under joint revenue sharing arrangements were in operation, compared to 91 joint revenue sharing theatres as of June 30, 2009. Joint revenue sharing theatres generated gross box office per screen averages of approximately $382,000 for the quarter, a 12% increase compared to $342,000 last year’s period.

Second quarter 2010 gross margin increased to $27.0 million from $20.7 million in the second quarter of 2009. As a percentage of sales, higher year-over-year joint revenue share and sales-type lease gross margins were offset by lower DMR margins primarily due to additional costs, including costs associated with the exhibition of eight titles throughout the IMAX network in the second quarter as compared to four titles in last year’s comparable period.

Second quarter 2010 selling, general and administrative expense was $11.1 million, compared to $12.3 million in the second quarter of 2009. Selling, general and administrative expense, excluding variable stock compensation, in the

second quarter of 2010 was $16.0 million compared to $8.6 million on the same basis in the second quarter of 2009. Selling, general and administrative expense was higher in the second quarter due in part to: a $3.4 million variance from foreign exchange resulting from a $0.9 million loss at the end of the second quarter in comparison to a foreign exchange gain of $2.5 million last year; a $0.7 million increase in professional fees, which includes work relating to new strategic business initiatives and a $0.6 million increase in travel-related costs commensurate with the higher level of theatre system deals signed to date.

Theatre System Backlog

As of June 30, 2010, the Company’s backlog consisted of 187 theatre systems, compared to 171 theatre systems in backlog as of June 30, 2009. Included in the 2010 and 2009 system backlog totals were 70 and 67 theatres, respectively, under joint revenue sharing arrangements and 117 and 104 theatres, respectively, under sales and sales-type lease arrangements. As of June 30, 2010, 190 digital systems were in operation, compared to 102 as of June 30, 2009.

System Installation Outlook

Based on current backlog, the Company’s current expectation is to install 6 to 8 new sales-type lease systems and 15 to 20 joint revenue sharing systems during the third quarter of 2010. Four of these joint revenue sharing systems have already opened in July. For the fourth quarter of 2010, the Company’s current expectation is to install 12 to 15 new sales-type lease systems and 16 to 20 joint revenue sharing systems.

For the full year of 2010, the Company now expects to install between 68 and 82 systems, including 40 to 49 joint revenue sharing theatres and 28 to 33 new sales and sales-type lease systems (excluding upgrades), representing a 25% increase in previous annual installation guidance, which implies year-over-year commercial multiplex network growth of approximately 26%.

The Company also noted that, to date, it has announced eight DMR titles for release in 2011, compared to four DMR titles announced for release in 2010 at the same point last year. The Company remains in active negotiations with virtually every studio regarding future titles.

Conference Call

The Company will host a conference call today at 8:30 AM ET to discuss its second quarter 2010 financial results. To access the call via phone, interested parties should dial (866) 321-6651 approximately 10 minutes before it begins. International callers should dial (416) 642-5212. A recording of the call will be available by dialing (888) 203-1112 or (647) 436-0148. The code for both the live call and the replay is 2996741. The Company will also host a webcast of the conference call, which can be accessed on www.imax.com by clicking on ‘Investor Relations.’

About IMAX Corporation

IMAX Corporation is one of the world’s leading entertainment technology companies, specializing in immersive motion picture technologies. The worldwide IMAX network is among the most important and successful theatrical distribution platforms for major event Hollywood films around the globe, with IMAX theatres delivering the world’s best cinematic presentations using proprietary IMAX, IMAX^® 3D, and IMAX DMR technology. IMAX DMR is the Company’s groundbreaking digital re-mastering technology that allows it to digitally transform virtually any conventional motion picture into the unparalleled image and sound quality of The IMAX Experience. The IMAX brand is recognized throughout the world for extraordinary and immersive entertainment experiences for consumers. As of June 30, 2010, there were 447 IMAX theatres (325 commercial, 122 institutional) operating in 47 countries.

IMAX^®, IMAX^® 3D, IMAX DMR^®, Experience It In IMAX^®, An IMAX 3D Experience^® and The IMAX Experience^® are trademarks of IMAX Corporation. More information about the Company can be found at www.imax.com. You may also connect with IMAX on Facebook (www.facebook.com/imax), Twitter (www.twitter.com/imax) and YouTube (www.youtube.com/imaxmovies).

This press release contains forward looking statements that are based on management’s assumptions and existing information and involve certain risks and uncertainties which could cause actual results to differ materially from future results expressed or implied by such forward looking statements. Important factors that could affect these statements include, but are not limited to, general economic, market or business conditions, including the length and severity of the current economic downturn, the opportunities that may be presented to and pursued by the Company, the performance of IMAX DMR films, conditions in the in-home and out-of home entertainment industries, the signing of

theatre system agreements, changes and developments in the commercial exhibition industry, the failure to convert theatre system backlog into revenue, new business initiatives, investments and operations in foreign jurisdictions, foreign currency fluctuations and the Company’s prior restatements and the related litigation and ongoing inquiries by the SEC and the OSC. These factors and other risks and uncertainties are discussed in the Company’s most recent Annual Report on Form 10-K and most recent Quarterly Reports on Form 10-Q.

For additional information please contact:

Media:		Investors:
IMAX Corporation, New York		IMAX Corporation, New York
Sarah Gormley		Heather Anthony
212-821-0155		212-821-0121
sgormley@imax.com		hanthony@imax.com
Entertainment Media:		Business Media:
Principal Communications Group, Los Angeles		Sloane & Company, New York
Melissa Zuckerman/Paul Pflug		Whit Clay
323-658-1555		212-446-1864
melissa@pcommgroup.com		wclay@sloanepr.com
paul@pcommgroup.com

Additional Information

Adjusted Net Income

Adjusted net income in second quarter 2010 and second quarter 2009 excludes the impact of the changes in value of the Company’s variable stock compensation. The second quarter of 2010 included a $4.9 million benefit to SG&A resulting primarily from the decreased value of the Company’s variable stock compensation at the end of the period (primarily driven by the $3.39 decrease in the Company’s stock price over the course of the second quarter, which impacts variable stock compensation), as compared to a $3.8 million charge from variable stock compensation in the second quarter of 2009. For a reconciliation of reported net income to adjusted results and the definition of adjusted EBITDA as defined by the Company’s credit facility, please see the tables at the end of this press release.

Gross Box Office from DMR

The primary drivers of gross box office in the second quarter were Disney’s Toy Story 3: An IMAX 3D Experience^®, Marvel Entertainment, Paramount Pictures’ Iron Man 2: An IMAX Experience and DreamWorks Animation’s How to Train Your Dragon: An IMAX 3D Experience. Toy Story 3 has generated approximately $26.5 million in worldwide box office to date ($21.2 million of which was captured in the second quarter), for a domestic per screen average of $101,700 and international per screen average of $100,800. Iron Man 2 has generated approximately $25.3 million of worldwide box office to date ($25.1 million of which was captured in the second quarter of 2010), for a domestic per screen average of $97,200, and the international per screen average was $98,500. How to Train Your Dragon has generated approximately $31.1 million in worldwide box office to date ($22.9 million of which was captured in the second quarter), for a domestic per screen average of $117,100 and international per screen average of $113,200. DreamWorks Animation’s Shrek Forever After: An IMAX 3D Experience has generated approximately $23.2 million in worldwide box office to date ($18.1 million of which was captured in the second quarter), for a domestic per screen average of $71,800 and international per screen average of $116,900. On June 30th, Summit Entertainment’s The Twilight Saga: Eclipse: An IMAX Experience was released day-and-date to IMAX theatres and has generated approximately $12.5 million in worldwide box office to date ($3.2 million of which was captured in the second quarter) for a per screen average of approximately $60,800 to date.

2010 Film Slate

Turning to the 2010 film slate, on July 16^th Warner Bros. Pictures’ released Inception: The IMAX Experience. On July 22^nd, the Company released its first Non-American DMR title, Aftershock, to IMAX theatres in China and Hong Kong. On August 27^th, James Cameron and Twentieth Century Fox’s Avatar: An IMAX 3D Experience with an additional eight minutes of never before seen footage will be re-released to IMAX theatres for a limited two-week run. The remainder of the Company's announced 2010 film slate to date includes Sony Pictures’ Resident Evil: Afterlife: An IMAX 3D Experience (September 10^th); Warner Bros. Pictures’ Legends of the Guardian: The Owls of Ga’hoole: An IMAX 3D Experience (September 24^th); DreamWorks Animation’s Megamind: An IMAX 3D Experience (November 5^th); Warner Bros. Pictures’ Harry Potter and the Deathly Hallows: Part I: An IMAX 3D Experience (November 24^th); and Walt Disney Pictures’ Tron Legacy: An IMAX 3D Experience (December 17^th).

2011 Film Slate

To date, IMAX has announced eight DMR titles to be released in 2011, including Tron Legacy: An IMAX 3D Experience (continued from 2010), The Green Hornet: An IMAX 3D Experience (January 2011), Mars Needs Moms: An IMAX 3D Experience (March 2011), Sucker Punch: An IMAX 3D Experience (March 2011), Pirates of the Caribbean: On Stranger Tides: An IMAX 3D Experience (May 2011), Cars 2: An IMAX 3D Experience (June 2011), Harry Potter and the Deathly Hallows: Part II: An IMAX 3D Experience (July 2011), Happy Feet 2: An IMAX 3D Experience (November 2011). The Company remains in active negotiations with virtually every studio regarding future titles.

IMAX CORPORATION
CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS
In accordance with United States Generally Accepted Accounting Principles
(In thousands of U.S. dollars, except per share amounts)
(Unaudited)

		Three Months								Six Months
		Ended June 30,								Ended June 30,
		2010				2009				2010				2009
Revenues
Equipment and product sales		$	16,363			$	7,138			$	27,994			$	20,497
Services			28,792				24,164				69,023				38,466
Rentals			9,352				7,999				29,203				11,246
Finance income			1,091				1,061				2,161				2,073
Other			—				—				—				1,216
			55,598				40,362				128,381				73,498
Costs and expenses applicable to revenues
Equipment and product sales			8,019				3,825				16,153				11,067
Services			18,210				12,688				32,177				21,964
Rentals			2,329				3,166				4,712				5,332
Other			—				—				—				245
			28,558				19,679				53,042				38,608
Gross margin			27,040				20,683				75,339				34,890
Selling, general and administrative expenses (including share-based compensation recovery of $3.8 million and $5.6 million expense for the three and six months ended June 30, 2010, respectively (2009 - $4.2 million and $4.6 million, respectively))			11,133				12,258				30,662				23,162
Research and development			1,219				1,185				2,462				1,732
Amortization of intangibles			115				136				245				281
Receivable provisions, net of recoveries			353				480				366				990
Income from operations			14,220				6,624				41,604				8,725
Interest income			13				5				297				26
Interest expense			(535	)			(4,071	)			(1,187	)			(8,498	)
Gain on repurchase of Senior Notes due December 2010			—				444				—				444
Income from continuing operations before income taxes			13,698				3,002				40,714				697
Provision for income taxes			(396	)			(282	)			(831	)			(541	)
Income from continuing operations			13,302				2,720				39,883				156
Loss from discontinued operations			—				(159	)			—				(236	)
Net Income (loss)		$	13,302			$	2,561			$	39,883			$	(80	)
Net income per share — Basic:
Net income per share from continuing operations		$	0.21			$	0.06			$	0.63			$	—
Net income per share from discontinued operations			—				—				—				—
		$	0.21			$	0.06			$	0.63			$	—
Net income per share — Diluted:
Net income per share from continuing operations — diluted		$	0.20			$	0.05			$	0.60			$	—
Net income per share from discontinued operations — diluted			—				—				—				—
		$	0.20			$	0.05			$	0.60			$	—
Weighted average number of shares outstanding (000’s):
Basic			63,565				46,493				63,310				45,094
Fully Diluted			66,988				47,966				66,495				45,094
Additional Disclosure:
Depreciation and amortization(1)		$	10,696				9,062			$	5,538				5,080

IMAX CORPORATION
CONDENSED CONSOLIDATED BALANCE SHEETS
In accordance with United States Generally Accepted Accounting Principles
(in thousands of U.S. dollars)

		As at				As at
		June 30,				December 31,
		2010				2009
		(unaudited)
Assets
Cash and cash equivalents		$	37,008			$	20,081
Accounts receivable, net of allowance for doubtful accounts of $2,577 (December 31, 2009 — $2,770)			40,281				37,652
Financing receivables			63,235				62,585
Inventories			11,880				10,271
Prepaid expenses			5,333				2,609
Film assets			3,384				3,218
Property, plant and equipment			59,015				54,820
Other assets			11,015				15,140
Goodwill			39,027				39,027
Other intangible assets			2,212				2,142
Total assets		$	272,390			$	247,545
Liabilities
Bank indebtedness		$	24,792			$	50,000
Accounts payable			18,407				16,803
Accrued liabilities			76,247				77,853
Deferred revenue			61,849				57,879
Total liabilities		$	181,295			$	202,535
Shareholders’ equity
Capital stock, common shares — no par value. Authorized — unlimited number. Issued and outstanding — 63,670,180 (December 31, 2009 — 62,831,974)		$	286,792			$	280,048
Other equity			6,223				6,044
Deficit			(202,105	)			(241,988	)
Accumulated other comprehensive income			185				906
Total shareholders’ equity			91,095				45,010
Total liabilities and shareholders’ equity		$	272,390			$	247,545

IMAX CORPORATION
CONDENSED CONSOLIDATED STATEMENTS OF CASH FLOWS
In accordance with United States Generally Accepted Accounting Principles
(In thousands of U.S. dollars)
(Unaudited)

		Six Months
		Ended June 30,
		2010				2009
Cash provided by (used in):
Operating Activities
Net income (loss)		$	39,883			$	(80	)
Net loss from discontinued operations			—				236
Items not involving cash:
Depreciation and amortization			10,696				9,062
Write-downs, net of recoveries			578				1,623
Change in deferred income taxes			—				121
Stock and other non-cash compensation			6,050				5,441
Foreign currency exchange (gain) loss			729				(751	)
Gain on repurchase of Senior Notes due December 2010			—				(444	)
Change in cash surrender value of life insurance			47				(36	)
Investment in film assets			(5,725	)			(4,990	)
Changes in other non-cash operating assets and liabilities			(12,335	)			(8,040	)
Net cash provided by operating activities from discontinued operations			—				(155	)
Net cash provided by operating activities			39,923				1,987
Investing Activities
Purchase of property, plant and equipment			(2,808	)			(506	)
Investment in joint revenue sharing equipment			(2,325	)			(12,747	)
Investment in joint venture			(667	)			—
Cash surrender value of life insurance			3,179				—
Acquisition of other assets			(39	)			(374	)
Acquisition of other intangible assets			(298	)			(190	)
Net cash used in investing activities			(2,958	)			(13,817	)
Financing Activities
Repayment of bank indebtedness			(25,208	)			—
Repurchase of Senior Notes Due December 2010			—				(43,367	)
Common shares issued — public offerings, net of offering expenses paid			—				76,755
Shelf registration fees paid			—				(38	)
Common shares issued — stock options exercised			5,057				969
Net cash (used in) provided by financing activities			(20,151	)			34,319
Effects of exchange rate changes on cash			113				(506	)
Increase in cash and cash equivalents during the period			16,927				21,983
Cash and cash equivalents, beginning of period			20,081				27,017
Cash and cash equivalents, end of period		$	37,008			$	49,000

IMAX CORPORATION
SELECTED FINANCIAL DATA
In accordance with United States Generally Accepted Accounting Principles
(in thousands of U.S. dollars)

The Company has eight reportable segments identified by category of product sold or service provided: IMAX systems; theater system maintenance; joint revenue sharing arrangements; film production and IMAX DMR; film distribution; film post-production; theater operations; and other. The IMAX systems segment designs, manufactures, sells or leases IMAX theater projection system equipment. The theater system maintenance segment maintains IMAX theater projection system equipment in the IMAX theater network. The joint revenue sharing arrangements segment provides IMAX theater projection system equipment to an exhibitor in exchange for a share of the box-office and concessions revenue. The film production and IMAX DMR segment produces films and performs film re-mastering services. The film distribution segment distributes films for which the Company has distribution rights. The film post-production segment provides film post-production and film print services. The theater operations segment owns and operates certain IMAX theaters. The other segment includes camera rentals and other miscellaneous items.

		Three Months								Six Months
		Ended June 30,								Ended June 30,
		2010				2009				2010				2009
Revenue
IMAX systems		$	17,329			$	8,339			$	28,282			$	24,792
Theater system maintenance			5,102				4,433				10,068				8,793
Joint revenue sharing arrangements			8,494				7,193				27,430				9,100
Films
Production and IMAX DMR			14,540				12,135				37,992				15,836
Distribution			3,870				3,494				7,142				6,736
Post-production			2,326				515				4,918				1,387
Theater operations			2,954				3,586				8,903				5,714
Other			983				667				3,646				1,140
Total		$	55,598			$	40,362			$	128,381			$	73,498
Gross margins
IMAX systems(1)		$	9,918			$	4,535			$	14,418				13,430
Theater system maintenance			2,051				2,319				4,360				4,631
Joint revenue sharing arrangements(1)			6,501				4,635				23,313				4,980
Films
Production and IMAX DMR(1)			6,823				7,914				26,324				9,684
Distribution(1)			719				654				1,461				989
Post-production			837				55				2,891				695
Theater operations			152				534				1,810				501
Other			39				37				762				(20	)
Total		$	27,040			$	20,683			$	75,339			$	34,890

IMAX CORPORATION
OTHER INFORMATION
(in thousands of U.S. dollars)

NON-GAAP FINANCIAL MEASURES

In addition to the results prepared in accordance with United States Generally Accepted Accounting Principles (“U.S. GAAP”) provided in this release, the Company has presented adjusted EBITDA as defined by its Credit Facility and adjusted earnings per share. The Company evaluates the operating performance of its business based on financial measures such as revenue, adjusted EBITDA as defined by its Credit Facility and adjusted earning per share. The Company uses these measures to assess operating results and performance of its segments, perform analytical comparisons, identify strategies to improve performance and allocate resources to various business segments. The Company believes adjusted EBITDA and adjusted earnings per share are relevant to investors because it allows them to analyze the operating performance of each segment using the same metric management uses and will help to facilitate comparisons of its past and present performance. The Company excludes variable stock compensation from the calculation of adjusted earnings per share due to its volatility from period to period which is primarily driven by the increase or decrease in the Company’s stock price over a given period which is difficult to predict. Because adjusted EBITDA and adjusted earnings per share are non-GAAP measures, they should be considered in addition to, but not as a substitute for, operating income, net income, cash flows provided by operating activities and other measures of financial performance reported in accordance with U.S. GAAP.

Credit Facility Requirements:

The Credit Facility provides that so long as the term loan remains outstanding, the Company will be required to maintain: (i) a ratio of funded debt (as defined in the Credit Agreement) to EBITDA (as defined in the Credit Agreement) of not more than 2:1 through December 31, 2010, and (ii) a ratio of funded debt to EBITDA of not more than 1.75:1 thereafter. If the Company repays the term loan in full, it will remain subject to such ratio requirements only if Excess Availability (as defined in the Credit Agreement) is less than $10.0 million or Cash and Excess Availability (as defined in the Credit Agreement) is less than $15.0 million. The ratio of funded debt to EBITDA was 0.27:1 at June 30, 2010, where Funded Debt (as defined in the Credit Agreement) is the sum of all obligations evidenced by notes, bonds, debentures or similar instruments and was $40.0 million. EBITDA is calculated as follows:

		3 months
		ended				12 months ended
		June 30, 2010				June 30, 2010(1)
Net earnings (loss)		$	13,302			$	44,984
Add (subtract):
Provision for income taxes			396				564
Interest expense net of interest income			522				6,165
Depreciation and amortization including film asset amortization			5,453				19,987
Write-downs net of recoveries including asset impairments and receivable provisions			469				1,408
Stock and other non-cash compensation			(3,529	)			19,792
Other, net			(269	)			(242	)
		$	16,344			$	92,658

Adjusted Diluted Earnings Per Share Calculation:

		Q2 2010				Q2 2009				YTD 2010				YTD 2010
Net earnings (loss)		$	13,303			$	2,562			$	39,883			$	(80	)
Add:
Variable stock compensation			(4,899	)			3,674				3,848				3,738
Adjusted net earnings (loss)		$	8,404			$	6,236			$	43,731			$	3,658
Diluted shares outstanding			66,988				47,966				66,495				45,094
Adjusted earnings per share		$	0.13			$	0.13			$	0.66			$	0.08