1. Non-GAAP disclosures generally 1-Cannot disclose a misleading
prohibited by Regulation G Rule Non-GAAP measure
100b (1 of 3)
2. Non-GAAP disclosures generally 2-Contains an untrue statement of a ma-
prohibited by Regulation G Rule terial fact
100b (2 of 3)
3. Non-GAAP disclosures generally 3-Omits to state a material fact that is
prohibited by Regulation G Rule necessary to make the Non-GAAP mea-
100b (3 of 3) sure not misleading
4. Prohibitions in item 2.02 of Form 1-Material missatatements or omissions
8-K (1 of 2) that would make the presentation of the
non-GAAP measure misleading
5. Prohibitions in item 2.02 of Form 2-Presenting per-share measures of liq-
8-K (2 of 2) uidity
6. When does Reg G Apply? Whenever a registrant, or person acting
on its behalf, publicly dislcoses or releas-
es material information that includes a
Non-GAAP financial measure, whether
furnished or filed with the SEC or publicly
disclosed or released in another manner
7. CDI Examples of Misleading 1-Non-GAAP performance measures
Non-GAAP Measures that violate excluding normal, recurring cash oper-
Reg G (1 of 10) ating expenses required to operate the
registrant's business
8. CDI Examples of Misleading 2-Presented inconsistently between pe-
Non-GAAP Measures that violate riods. Adjusts for a particular charge or
Reg G (2 of 10) gain in the current period and for which
other, similar charges or gains were not
also adjusted in prior periods
9. CDI Examples of Misleading 3-Excludes non-recurring charges, but
Non-GAAP Measures that violate not non-recurring gains
Reg G (3 of 10)
, Non-GAAP Financial Measures
10. CDI Examples of Misleading 4-Changes the recognition and mea-
Non-GAAP Measures that violate surement principles required to be ap-
Reg G (4 of 10) plied in accordance with GAAP
11. CDI Examples of Misleading 5-Change the pattern of recognition,
Non-GAAP Measures that violate such as changing timing of revenue
Reg G (5 of 10) recognition from over time to as billed
12. CDI Examples of Misleading 6-Presenting items on a gross basis as
Non-GAAP Measures that violate principal rather than net as an agent,
Reg G (6 of 10) or vice versa (applies to revenue and to
expenses)
13. CDI Examples of Misleading 7-Presenting revenue on a cash basis vs
Non-GAAP Measures that violate an accrual basis
Reg G (7 of 10)
14. CDI Examples of Misleading 8-Not clearly labeling the measure as
Non-GAAP Measures that violate Non-GAAP or labels misleadingly close
Reg G (8 of 10) to GAAP labels (net revenues, Gross
Profit, etc)
15. CDI Examples of Misleading 9-A Non-GAAP measure could be so
Non-GAAP Measures that violate misleading that no amount of disclosure
Reg G (9 of 10) could make it not misleading
16. What does the SEC view as recur- Occurs repeatedly or occasionally, in-
ring cluding at irregular intervals
17. What part of S-K 10(e) applies Item 10(e)(1)(i)
to Item 2.02 of Form 8-K if FUR-
NISHED
18. Item 10(e)(1)(i) requirements for A-presentation, with equal or greater
8-K Item 2.02 Furnished with SEC prominence, of the most directly com-
or any SEC Filings (A of D) parable financial measure or measures
calculated and presented in accordance
with GAAP
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