EXHIBIT 99.2
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION
| | | | | | | | |
In re: | | | ) | | | Case No. 05-12802 RGM |
| | | | | ) | | | |
XYBERNAUT SOLUTIONS, INC. | | | ) | | | |
| | | | | ) | | | Chapter 11 |
| | Debtor. | | | ) | | | |
| | | | | ) | | | |
| | |
MONTHLY OPERATING REPORT | | Calendar MonthAug 1, 2005 toAug 31, 2005 |
FINANCIAL BACKGROUND INFORMATION
1. ACCOUNTING BASIS: Casho Accrualþ
2. PREPARER: State the names address, telephone number and position of the person(s) who actually compiled the information contained in this report.
Ed Maddox, President XSI, 11591 Greenwich Point Road, Reston Va 20194
Vincent Mencher, Temporary Accounting Support, Acsys, Inc. 12120 Sunset Hills Road, Reston, Va 20190
Elizabeth Norton, Temporary Accounting Support, Acsys, Inc. 12120 Sunset Hills Road, Reston, Va 20190
3. NUMBER OF EMPLOYEES paid during this period:20
4. Have there been any CHANGES IN THE NATURE OF YOUR BUSINESS since the last reporting period? Yeso Noþ. If yes, explain below:
5. Are all BUSINESS LICENSES current? Yesþ Noo Not Applicableo
6. PRE-PETITION ACCOUNTS RECEIVABLE:
| | | | |
Beginning Balance | | $ | 537,612.60 | |
| | | |
Collected this Period | | $ | 339,586.39 | |
| | | |
Ending Balance | | $ | 198,026.21 | |
| | | |
7. POST -PETITION ACCOUNTS RECEIVABLE:
| | | | |
0-30 Days: $423,593.65 | | 31-60 Days: $15,000.00 | | Over 60 Days: $0.00 |
If there are anypost-petition Accounts Receivable over 60 days provide Schedule AR giving a listing of such accounts and explain the delinquencies.
NONE
8. POST –PETITION ACCOUNTS PAYABLE:
| | | | |
0-30 Days: $47,744.69 | | 31-60 Days: $40,733.95 | | Over 60 Days: $0.00 |
If there are anypost-petition Accounts Payable over 30 days, provide Schedule AP giving a listing of such accounts and explain the delinquencies.
| | | | | | | | |
PAYEE | | AMOUNT | | | COMMENT | |
8618 Westwood Center Drive | | $ | 10,828.86 | | | Lease will be automatically rejected. |
Dennis Dyer | | $ | 11,274.14 | | | Delay caused by oversight, reduced accounting staff - paid on 9/13 |
PM Expressions | | $ | 11,520.00 | | | Delay caused by oversight, reduced accounting staff - paid on 9/13 |
Primus | | $ | 53.64 | | | Delay caused by oversight, reduced accounting staff - paid on 9/13 |
Southwestern Bell | | $ | 110.01 | | | Delay caused by oversight, reduced accounting staff - paid on 9/13 |
Doug Werner | | $ | 17,776.16 | | | Delay caused by oversight, reduced accounting staff - paid on 9/13 |
9. TAXES. Are all taxes being paid to the proper taxing authorities when due? Yeso Noþ. On the attached IRS Form 6123 report all tax deposits made with any financial institution for federal employment taxes. Be sure the form is complete and signed by an authorized employee of the receiving institution or taxing authority. Attach to this report a completed Form 6123 for each deposit made during the reporting period. Also attach copies of the monthly sales tax report, payroll tax report and unemployment tax report with evidence of payment ofboth federal and state taxes.
All taxes are paid by Xybernaut Corporation, Xybernaut Solutions, Inc’s parent company who is co-filing on this case. Xybernaut Corporation’s operations report will address the company’s current tax status.
10. ESCROW ACCOUNTS. Are you utilizing your tax account only for deposit and payment of payroll and sales taxes? Yesþ Noo If no, explain:
11. Are all BOOKS AND RECORDS of the debtor(s) being maintained monthly and are all current? Yesþ Noo Explain:The books and records are being maintained — however due to a complete turnover in our accounting staff, and the current use of temporary replacements, we have not yet closed our August books. It is anticipated that it will take until the end of September to close and reconcile the August figures. The figures in this report reflect the most current trial balance for August.
12. INSURANCE EXPIRATION STATEMENT. Policy expiration dates are:
| | | | | | |
Type | | Policy # | | Policy Dates |
Auto | | | 93256759 | | | 3/31/05-3/31/06 |
Fire | | | | | | |
General Liability | | | 35392595 | | | 3/31/05-3/31/06 |
Excess/Umbrella Liability | | | 79781303 | | | 3/31/05-3/31/06 |
Workers Comp | | | 71714215 | | | 3/31/05-03/31/06 |
Errors & Omissions | | | 35392595 | | | 3/31/05-3/31/06 |
13. ACTIONS OF DEBTOR. During the last month, did the debtor:
(A) Fail to defend or not oppose any action seeking to dispossess the debtor from control or custody of any asset of the estate? Yeso Noþ Explain:
(B) Maintain such stock inventory, raw materials, insurance, employees and other resources as are necessary to preserve and maintain the going concern value of the assets of the debtor? Yesþ Noo Explain:
14. TRANSFER OR SALE OF PROPERTY. Did the debtor or any person with control over any of the debtor’s assets transfer, convey or abandon any of the debtor’s assets to another party during the period of this report other than as set forth herein (including sales by creditors)?
Yeso Noþ Explain:
15. PAYMENT TO SECURED CREDITORS during reporting period: (Attach additional sheets if necessary)
| | | | | | | | |
| | Frequency of | | Amount | | Next | | Post-Petition |
| | Payments per | | of Each | | Payment | | Pmts. No Made |
Creditor | | Contract (mo. Qtr) | | Payments | | Due | | No. Amt. |
NONE | | | | | | | | |
16. PAYMENTS TO PROFESSIONALS (Attorneys, Accountants, Real Estate Agents, Auctioneers, Appraisers, etc., during reporting period: (Attach additional sheets, if necessary):
| | | | |
Professional | | Service | | Amount |
NONE | | | | |
17. QUARTERLY U.S. TRUSTEE FEES paid during reporting period:$ 0.00
18. VERIFICATION: I declare under penalty of perjury that the information contained in this monthly operating report (including attached schedules) is true and correct to the best of my knowledge, information and belief.
| | | | |
Dated:September 20, 2005 | | DEBTOR-IN-POSSESSION |
| | | | |
Name/Title: | | /s/Edward P. Maddox, President | | Xybernaut Solutions, Inc. |
| | | | |
Address: 11591 Greenwich Pt. Rd | | 12701 Fair Lakes Circle, Suite 160, |
| | Reston, Va 20194 | | Fairfax, Va 22033 |
| | | | Phone: 703-654-3595 |
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION
| | | | | | |
In re: | | | ) ) | | | Case No. 05-12802 RGM |
XYBERNAUT SOLUTIONS, INC. | | | ) | | | |
| | | ) | | | Chapter 11 |
| | | ) | | | |
Debtor. | | | ) | | | |
Cash Disbursements Summary Report
Calendar Month Ending August 31, 2005
| | | | | | | | |
Total Disbursements from Operating Account | | (See Note 1) | | | 447,147.19 | |
| | | | | | | | |
Total Disbursements from Payroll Account | | (See Note 2) | | | 158,942.06 | |
| | | | | | | | |
Total Disbursements from Tax Escrow Account | | (See Note 3) | | | - N/ A - | |
| | | | | | | | |
Total Disbursements from any other Account | | (See Note 4) | | | - N/ A - | |
| | | | | | | | |
Grand Total Disbursements from all Accounts | | | | | | | 606,089.25 | |
Note 1 — Include in this amount all checks written, wire transfers made from, or any other withdrawal from the general operating account. Exclude only transfers to the debtor-in-possession payroll account, the debtor-in-possession account tax escrow account or other debtor in possession account where the disbursements will be listed on this report.
Note 2 — Include in this amount all checks written, wire transfers made from, or any other withdrawal from the payroll account. Exclude only transfers to the debtor-in-possession operating account, the debtor- in-possession tax escrow account or other debtor-in-possession account where the disbursements will be listed on this report.
Note 3 — Include in this amount all checks written, wire transfers made from, or any other withdrawal from the tax escrow account. Exclude only, transfers to the debtor-in-possession operating account, the debtor-in-possession payroll account or other debtor-in-possession account where the disbursements will be listed on this report.
Note 4 — Include in this amount any other disbursements made by the debtor including (but not limited to) cash paid from a petty cash fund or cash register, amounts paid from any other debtor-in-possession account, and amounts paid from the accounts of others on the debtors behalf (for example disbursements made from a law firm’s escrow account as a result of a sale of property.)
ATTACH A COPY OF THE MOST RECENT MONTHLY BANK STATEMENT FOR EACH DEBTOR- IN-POSSESSION ACCOUNT.
In re:Xybernaut Solutions, Inc. Case Number:05-12802
BALANCE SHEET
As of August 31, 2005
| | | | | | | | |
Current Assets | | | | | | | | |
Cash | | $ | 251,425.91 | | | | | |
Pre-Petition Accounts Receivable | | | 198,026.21 | | | | | |
Post-Petition Accounts Receivable | | | 438,593.65 | | | | | |
Receivables from Officers | | | — | | | | | |
Employees, Affiliates | | | | | | | | |
Note Receivables | | | — | | | | | |
Inventory | | | — | | | | | |
Other Current Assets: | | | | | | | | |
Due to / From Xybernaut | | | 423,799.16 | | | | | |
Unbilled Accounts Receivable | | | 372,769.34 | | | | | |
Prepaid Other | | | 21,141.01 | | | | | |
Accounts Receivalbe Other XSI | | | 337.00 | | | | | |
Employee Advances | | | (287.00 | ) | | | | |
Total Current Assets | | | | | | | 1,705,808.28 | |
| | | | | | | | |
Fixed Assets | | | | | | | | |
Land | | $ | — | | | | | |
Buildings | | | — | | | | | |
Equipment, Furniture & Fixtures | | | 425,790.48 | | | | | |
Less Accumulated Depreciation | | | (341,878.93 | ) | | | | |
Total Fixed Assets | | | | | | | 83,911.55 | |
| | | | | | | | |
Other Assets | | | | | | | | |
Retainage | | | 22,738.00 | | | | | |
Deposits | | | 6,750.10 | | | | | |
Total Other Assets | | | | | | | 29,488.10 | |
| | | | | | | | |
Total Assets | | | | | | | 1,819,207.93 | |
| | | | | | | | |
Post-Petition Liabilities | | | | | | | | |
Accounts Payable | | | 88,478.64 | | | | | |
Salaries Payable | | | 71,809.20 | | | | | |
Commissions Payable | | | 332.64 | | | | | |
Accrued Vacation | | | 74,035.76 | | | | | |
Accrued Rent & Storage | | | 16,236.13 | | | | | |
Taxes Payable | | | 207.66 | | | | | |
Accrued Interest | | | | | | | | |
Deferred Revenue | | | 139,015.01 | | | | | |
Total Post-Petition Liabilities | | | | | | | 390,115.04 | |
| | | | | | | | |
Pre-Petition Liabilities | | | | | | | | |
Priority Claims | | | 21,888.15 | | | | | |
Secured Debts | | | 0.00 | | | | | |
Unsecured Debtor | | | 26,523.99 | | | | | |
Total Pre-Petition Liabilities | | | 48,412.14 | | | | | |
| | | | | | | | |
Owners Equity (Deficit) | | | | | | | | |
Capital Stock or Owner Investment | | | 15,849.68 | | | | | |
Paid In Capital Surplus | | | 605,059.88 | | | | | |
| | | | | | | | |
Retained Earnings (Deficit) | | | | | | | | |
Pre-Petition | | | 762,123.22 | | | | | |
Post-Petition | | | 2,352.03 | | | | | |
Total Owners Equity | | | | | | | 1,380,680.75 | |
| | | | | | | | |
Total Liabilities and Owner’s Equity | | | | | | | 1,819,207.93 | |
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION
| | | | | | |
In re: | | | ) | | | Case No. 05-12802 RGM |
| | | ) | | | |
XYBERNAUT SOLUTIONS, INC. | | | ) | | | |
| | | ) | | | Chapter 11 |
Debtor. | | | ) | | | |
MONTHLY OPERATING REPORT
INCOME STATEMENT
(Business Debtor, Accrual Basis)
Calendar Month August 1 to August 31, 2005
(All figures refer topost-petitiontransactions)
| | | | | | | | |
| | This Month | | | Year to Date | |
(A) Total Sales/Income (A) | | | 258,738.75 | | | | 258,738.75 | |
Cost of Sales | | | | | | | | |
Beginning Inventory | | | — | | | | — | |
Purchases of Inventory | | | — | | | | — | |
Less Ending Inventory | | | — | | | | — | |
Direct Labor (Gross Salaries) | | | 62,972.11 | | | | 62,972.11 | |
Purchased Services | | | 47,201.54 | | | | 47,201.54 | |
| | | | | | | | |
(B) Total Cost of Sales (B) | | | 110,173.65 | | | | 110,173.65 | |
| | | | | | | | |
(C) Gross Profit (C= A-B) | | | 148,565.10 | | | | 148,565.10 | |
| | | | | | | | |
Operating Expenses | | | | | | | | |
| | | | | | | | |
Officers Salaries (Gross) | | | 15,416.68 | | | | 15,416.68 | |
Other Employee Salaries (Gross) | | | 28,108.26 | | | | 28,108.26 | |
Taxes (Payroll: Employer’s Share) | | | 9,925.81 | | | | 9,925.81 | |
Employee Benefits (Insurance, Pension, Plan, etc. Employer’s Share) | | | 32,256.06 | | | | 32,256.06 | |
Advertising | | | — | | | | — | |
Bad Debts | | | — | | | | — | |
Depreciation and Amortization | | | 5,670.15 | | | | 5,670.15 | |
Entertainment | | | — | | | | — | |
Insurance (Real Estate) | | | — | | | | — | |
Insurance (Other) | | | 182.01 | | | | 182.01 | |
Interest (Mortgage, Loans, etc.) | | | — | | | | — | |
Leases (other than Rent) | | | — | | | | — | |
Outside Services & Contractors | | | 11,984.71 | | | | 11,984.71 | |
Professional Fees (Attorney, Accountant) | | | — | | | | — | |
Rent and leases | | | 8,629.10 | | | | 8,629.10 | |
Repairs and Maintenance | | | — | | | | — | |
Supplies | | | 642.94 | | | | 642.94 | |
Taxes (Real Property) | | | — | | | | — | |
Taxes (Other) | | | — | | | | — | |
Telephone | | | 1,438.41 | | | | 1,438.41 | |
Travel | | | 6,269.17 | | | | 6,269.17 | |
Utilities | | | — | | | | | |
U.S. Trustees Quarterly Fee | | | | | | | | |
Case Number 05-12802 Period Ending Income Statement Page 2
| | | | | | | | |
| | This Month | | | Year to Date | |
Other Operating Expenses | | | | | | | | |
Overnight Delivery | | | 523.27 | | | | 523.27 | |
Bank Fees | | | 338.26 | | | | 338.26 | |
_______________________________ | | | | | | | | |
_______________________________ | | | | | | | | |
| | | | | | | | |
(D) Total Operating Expenses (D) | | | 118,751.34 | | | | 121,384.83 | |
| | | | | | | | |
(E) Profit/Loss from operations (E= C-D) | | | 29,813.76 | | | | 27,180.27 | |
| | | | | | | | |
Other Income (Expenses) | | | | | | | | |
| | | | | | | | |
Interest Income | | | | | | | | |
Interest Expense | | | ( | ) | | | ( | ) |
| | | | | | | | |
________________________ | | | | | | | | |
________________________ | | | | | | | | |
________________________ | | | | | | | | |
________________________ | | | | | | | | |
| | | | | | | | |
Extraordinary Items – In (Out) | | | | | | | | |
| | | | | | | | |
_________________________ | | | | | | | | |
_________________________ | | | | | | | | |
_________________________ | | | | | | | | |
_________________________ | | | | | | | | |
| | | | | | | | |
(F) Total Other Income/Expense & Extraordinary Items (F) | | | — | | | | — | |
| | | | | | | | |
(G) Income Before Taxes (G= E+F) | | | 29,813.76 | | | | 27,180.27 | |
| | | | | | | | |
(H) Income Tax Expense (H) | | | | | | | | |
| | | | | | | | |
(I) Net Income (Loss) (I= G-H) | | | 29,813.76 | | | | 27,180.27 | |
| | |
NOTE: | | Accrual basis reporters must attach Cash Reconciliation Reports or a standard Statement of Sources and Uses of Case to this Report. |
| | |
In re:Xybernaut Solutions, Inc. | | Case Number:05-12802 |
CASH RECONCILIATION REPORT
(Business Debtor, Accrual Basis)
Calendar Month Ending August 31, 2005
(All figures refer to post-petition transactions)
| | | | | | | | |
| | Operating Account | | Totals |
(A) Beginning Cash Balance (A) | | | | | | | 78,791.75 | |
| | | | | | | | |
(B) Net Income, (line (I), Form 9-BA) (B) | | | | | | | 27,180.27 | |
| | | | | | | | |
Add Expenses Not Requiring Cash Depreciation: | | | 4,498.02 | | | | | |
| | | | | | | | |
| | | | | | | | |
| | | | | | | | |
| | | | | | | | |
| | | | | | | | |
(C) Sub-Total (C) | | | | | | | 4,498.02 | |
(D) Cash from Operations (D = B + C) | | | | | | | 31,678.29 | |
Other Sources (Uses) of Cash: | | | | | | | | |
| | | | | | | | |
Sources (Uses) | | | | | | | | |
Decrease (Incr.) – Accounts Receivable | | | 139,534.08 | | | | | |
Decrease (Incr.) – Due to / From Xybernaut, Inc. | | | (32,480.79 | ) | | | | |
Decrease (Incr.) – Prepaid & Other Current Assets | | | 4,715.47 | | | | | |
Decrease (Incr.) – Equipment | | | 1,420.80 | | | | | |
Decrease (Incr.) – Furniture & Fixtures | | | — | | | | | |
Decrease (Incr.) – Software | | | — | | | | | |
Decrease (Incr.) – Payroll Account | | | (2,205.67 | ) | | | | |
Increase (Decr) – Accounts Payable | | | 24,213.62 | | | | | |
Increase (Decr) – Accrued Interest | | | 0.00 | | | | | |
Increase (Decr) – Accrued P/R Taxes | | | | | | | | |
| | | | | | | | |
Increase (Decr) – Accrued Prof. Fees | | | | | | | | |
| | | | | | | | |
Increase (Decr) – Accrued Rent | | | 8,629.10 | | | | | |
Increase (Decr) – Accrued Salaries | | | 2,497.10 | | | | | |
Increase (Decr) – Accrued Commissions | | | (10,013.76 | ) | | | | |
Increase (Decr) – Accrued Vacation | | | 11,947.74 | | | | | |
| | | | | | | | |
Increase (Decr) – Accrued Sales Taxes | | | | | | | | |
| | | | | | | | |
Increase (Decr) – Notes Payable – Banks | | | | | | | | |
Increase (Decr) – Notes Payable – other | | | (17,407.53 | ) | | | | |
| | | | | | | | |
Increase (Decr) – Deferred Revenue | | | | | | | | |
| | | | | | | | |
Increase (Decr) – (Less) Unrecorded bank service charges | | | | | | | | |
| | | | | | | | |
(E) Total other Sources (Uses) of Cash (E) | | | | | | | 130,850.16 | |
| | | | | | | | |
(F) Ending Cash Balance (F= A+D+E) | | | | | | | 241,320.20 | |
| | | | | | | | |
(G) Balance per Bank Statement (G) | | | | | | | 270,585.21 | |
(H) Less Outstanding Checks (H) | | | 29,265.01 | | | | | |
(I) Add Deposits in Transit (I) | | | | | | | | |
| | | | | | | | |
(J) Reconciled Bank Balance {J=(G-H) +I} | | | | | | | 241,320.20 | |
Ending Cash Balance (F) and Reconciled Bank Balance (J) should equal.
| | |
In re:Xybernaut Solutions, Inc. | | Case Number:05-12802 |
CASH RECONCILIATION REPORT
Payroll and Tax Accounts
(Business Debtor, Accrual Basis)
Calendar Month Ending August 31, 2005
(All figures refer to post-petition transactions)
| | | | | | | | |
| | Payroll | | | Tax | |
| | Account | | | Account | |
(A) Beginning Cash Balance (A) | | | | | | | | |
| | | | | | | | |
Cash Receipts: | | | 7,900.04 | | | | | |
| | | | | | | | |
Transfers from Operating Account | | | 156,140.84 | | | | | |
Transfers from Payroll Account | | | | | | | | |
Other — | | | | | | | | |
| | | | | | | | |
(B) Total Cash Receipts (B) | | | 156,140.84 | | | | | |
| | | | | | | | |
(C) Cash Available (C= A+B) | | | 164,040.88 | | | | | |
| | | | | | | | |
Cash Disbursements: | | | | | | | | |
| | | | | | | | |
Gross Payroll for this period $146,747.00 | | | | | | | | |
| | | | | | | | |
Employee Benefits paid | | | | | | | | |
Net Payroll Paid | | | 7,623.84 | | | | | |
Transfers to Tax Account | | | 103,955.21 | | | | | |
| | | | | | | | |
| | | | | | | | |
Taxes deposited or paid during period | | | | | | | | |
Employee’s share of FICA Tax | | | 9,143.26 | | | | | |
Employer’s share of FICA Tax | | | 9,143.26 | | | | | |
Employee’s Federal Income Tax | | | 17,234.00 | | | | | |
Employee’s State Income Tax | | | 5,147.18 | | | | | |
Unemployment Tax | | | 795.21 | | | | | |
Unrecorded Bank Service Charges | | | 0.00 | | | | | |
Other: | | | 893.31 | | | | | |
| | | | | | | | |
(D) Total Disbursements (D) | | | 153,935.27 | | | | | |
| | | | | | | | |
(E) Ending Cash Balance (E= C-D) | | | 10,105.61 | | | | | |
| | | | | | | | |
(F) Balance per Bank Statement (F) | | | 14,010.05 | | | | | |
| | | | | | | | |
(G) Less Outstanding Checks (G) | | | 3,904.44 | | | | | |
| | | | | | | | |
(H) Add Deposits in Transit | | | 0.00 | | | | | |
| | | | | | | | |
(I) Reconciled Bank Balance {I = (F-G) +H] | | | 10,105.61 | | | | | |
Ending Cash Balance (E) and Reconciled Bank Balance (I) should