Archive for August, 2010

Benihana Inc., operator of the nation’s largest chain of Japanese theme and sushi restaurants, today reported total restaurant sales and comparable restaurant sales for the first four weeks (July 19 – August 15, 2010) of the second fiscal quarter 2011 compared to the same four-week period for the second fiscal quarter 2010 (July 20 – August 16, 2009). These results demonstrate continued positive momentum resulting from the company’s implementation of its renewal program.

Total restaurant sales increased 4.2% to $25.2 million from $24.2 million, while Company-wide comparable restaurant sales increased 4.3%, representing the 6th consecutive period with comparable restaurant sales increases. By concept, comparable restaurant sales increased 7.3% at Benihana teppanyaki, while the impact of macro-economic weakness caused decreases of 1.2% at RA Sushi and 0.6% at Haru. There were a total of 388 store-operating weeks during the first four weeks of the second fiscal quarter 2011 compared to a total of 393 store-operating weeks during the first four weeks of the second fiscal quarter 2010.

Richard C. Stockinger, Chief Executive Officer and President, said, “We are pleased with the traffic gains (up 9.7%) at Benihana teppanyaki, which drove our sales momentum during the four-week period. Our renewal program continues to result in visits by both new and lapsed guests to our flagship brand. Our Chef’s Table email database, which since its introduction in April 2009 has grown to approximately 1.2 million subscribers, and our Chef’s Special promotions during the period, featuring ‘shrimp and chicken for 2’ for $35 and ‘hibachi steak for 2’ for $37, also proved effective in encouraging guests to enjoy our Benihana teppanyaki restaurants. While renewed softness in the overall economy led to a sequential slowdown at RA Sushi and Haru from the first fiscal quarter, we are encouraged that both brands were off only marginally from year-ago sales levels.”

Today, the Board of Directors for Brinker International, Inc. (NYSE: EAT) declared a quarterly dividend of $0.14 per share on the common stock of the company.

The dividend will be paid on September 30, 2010 to shareholders of record as of September 10, 2010.

At the end of the fourth quarter of fiscal 2010, Brinker International either owned, operated or franchised 1,550 restaurants under the names Chili’s® Grill & Bar (1,505 restaurants) and Maggiano’s Little Italy® (45 restaurants). Brinker also holds a minority interest in Romano’s Macaroni Grill®.

The statements contained in this release that are not historical facts are forward-looking statements. These forward-looking statements involve risks and uncertainties and, consequently, could be affected by general business and economic conditions, the impact of competition, the impact of acquisitions and divestitures and other strategic transactions, the seasonality of the company’s business, adverse weather conditions, future commodity prices, fuel and utility costs and availability, terrorists acts, consumer perception of food safety, changes in consumer taste and behavior, health epidemics or pandemics, changes in demographic trends, availability of employees, unfavorable publicity, the company’s ability to meet its growth plan, acts of God, governmental regulations, and inflation.

Krispy Kreme Doughnuts, Inc. (NYSE: KKD) plans to release its financial results for the second quarter of fiscal 2011 on Thursday, September 2, 2010, shortly after the market closes.  The Company plans to host a conference call to review the results and management’s outlook for the balance of fiscal 2011 at 4:30 p.m. (ET) that day.

A live webcast of the conference call will be available at www.KrispyKreme.com.  The conference call also can be accessed over the phone by dialing (888) 215-6918 or, for international callers, by dialing (913) 312-0934.  To access an archived audio replay of the call, dial (888) 203-1112, or (719) 457-0820 for international callers; the passcode is 5687421.  The audio replay will be available through September 9, 2010. A transcript of the conference call will also be available at the Company website.

About Krispy Kreme

Krispy Kreme is a leading branded specialty retailer and wholesaler of premium-quality sweet treats, including its signature Original Glazed(R) doughnut.  Headquartered in Winston-Salem, N.C., the Company has offered the highest-quality doughnuts and great-tasting coffee since it was founded in 1937.  Today, Krispy Kreme can be found in over 600 locations around the world.  Visit us at www.KrispyKreme.com.

McDonald’s Corporation announced today that it has placed Renminbi (RMB)-denominated bonds in a private placement to institutional and professional investors in Hong Kong.  The aggregate principal amount of the bonds is RMB 200 million.  The bonds will accrue interest at a rate of 3.00% per annum and mature in three years.

The funds will provide working capital to support the growth of McDonald’s in China, including the opening of new restaurants.

Timothy Fenton, President of McDonald’s APMEA (Asia/Pacific, Middle East and Africa) said that this announcement is another sign of the company’s confidence in its long-term growth opportunities for China.  ”We are pleased and honored that McDonald’s is set to become the first issuer of RMB-denominated bonds by a multinational company,” said Fenton.  ”China is the fastest-growing market for McDonald’s worldwide in terms of new restaurant openings.”  

Commenting on McDonald’s operations in China, Kenneth Chan, CEO of McDonald’s China, said, “We are excited and confident about our continued business growth in China.”  McDonald’s plans to continue investing in China by opening new restaurants, reimaging existing restaurants and rolling out convenience initiatives. This year, McDonald’s plans to open between 150-175 restaurants in China.

McDonald’s has opened more than 1,100 stores in Mainland China since the first restaurant opened on October 8, 1990 in Shenzhen.  Today, McDonald’s has more than 60,000 employees in China.

Ark Restaurants Corp. has reported financial results for the third quarter and nine month periods ended July 3, 2010.

Total revenues for the three month period ended July 3, 2010 were $35.2 million versus $31.1 million in the same period last year. Total revenues for the nine month period ended July 3, 2010 were $85.9 million versus $81.7 million in the same period last year.

EBITDA, as adjusted for non-cash stock option expense and non-controlling interests, for the three month period ended July 3, 2010 was $5,242,000 versus $3,552,000 during the same three month period last year. EBITDA, as adjusted for non-cash stock option expense and non-controlling interests, for the nine month period ended July 3, 2010 was $5,429,000 versus $5,150,000 during the same nine month period last year.

For the three months ended July 3, 2010, the Company’s net income was $2,916,000, or $0.84 per share ($0.83 per diluted share), compared to $1,597,000, or $0.46 per share ($0.46 per diluted share), for the same period last year. For the nine months ended July 3, 2010, the Company’s net income was $1,521,000, or $0.44 per share ($0.43 per diluted share), compared to $1,733,000, or $0.50 per share ($0.50 per diluted share), for the same period last year.

Company-wide same store sales increased 9% for the three month period ended July 3, 2010 compared to the same three month period last year and increased 1.1% for the nine month period ended July 3, 2010 compared to the same nine month period last year.

As of July 3, 2010, the Company had cash, cash equivalents and short term investments totaling $9,130,000 and no long-term debt.

Ark Restaurants owns and operates 20 restaurants and bars, 31 fast food concepts and catering operations. Seven restaurants are located in New York City, four are located in Washington, D.C., five are located in Las Vegas, Nevada, two are located in Atlantic City, New Jersey, one is located at the Foxwoods Resort Casino in Ledyard, Connecticut and one is located in Boston, Massachusetts. The Las Vegas operations include three restaurants within the New York-New York Hotel & Casino Resort and operation of the hotel’s room service, banquet facilities, employee dining room and nine food court concepts; one bar within the Venetian Casino Resort as well as three food court concepts and one restaurant within the Planet Hollywood Resort and Casino. In Atlantic City, New Jersey, the Company operates a restaurant and a bar in the Resorts Atlantic City Hotel and Casino. The operations at the Foxwoods Resort Casino include one fast food concept and six fast food concepts at the MGM Grand Casino. In Boston, Massachusetts, the Company operates a restaurant in the Faneuil Hall Marketplace. The Florida operations under management include five fast food facilities in Tampa, Florida and seven fast food facilities in Hollywood, Florida, each at a Hard Rock Hotel and Casino operated by the Seminole Indian Tribe at these locations.

Except for historical information, this news release contains forward-looking statements, which involve unknown risks, and uncertainties that may cause the Company’s actual results or outcomes to be materially different from those anticipated and discussed herein. Important factors that might cause such differences are discussed in the Company’s filings with the Securities and Exchange Commission. The Company disclaims any intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.

                           
                           
ARK RESTAURANTS CORP.                          
Consolidated Condensed Statements of Income  
For the 13 week and 39 week periods ended July 3, 2010 and June 27, 2009  
(In Thousands, Except per share amounts)                          
                           
      13 weeks ended     13 weeks ended     39 weeks ended     39 weeks ended  
                           
      July 3,     June 27,     July 3,     June 27,  
      2010     2009     2010     2009  
                           
TOTAL REVENUES     $ 35,162       $ 31,123       $ 85,852       $ 81,672    
                           
COST AND EXPENSES:                          
                           
Food and beverage cost of sales       8,988         7,945         21,991         20,743    
Payroll expenses       10,015         9,577         27,792         26,619    
Occupancy expenses       4,263         4,134         12,332         12,367    
Other operating costs and expenses       4,396         3,871         11,691         11,014    
General and administrative expenses       2,207         2,195         7,278         6,833    
Depreciation and amortization       972         917         2,892         2,687    
                           
Total costs and expenses       30,841         28,639         83,976         80,263    
                           
OPERATING INCOME       4,321         2,484         1,876         1,409    
                           
OTHER (INCOME) EXPENSE:                          
                           
Interest (income) expense, net       3         (45 )       (52 )       (250 )  
Other (income) expense, net       51         (117 )       45         (503 )  
Total other (income) expense, net       54         (162 )       (7 )       (753 )  
                           
Income before provision for income taxes       4,267         2,646         1,883         2,162    
                           
Provision for income taxes       1,206         961         610         702    
                           
NET INCOME       3,061         1,685         1,273         1,460    
                           
Net (income) loss attributable to non-controlling interests       (145 )       (88 )       248         273    
                           
NET INCOME ATTRIBUTABLE TO ARK RESTAURANTS CORP.     $ 2,916       $ 1,597       $ 1,521       $ 1,733    
                           
                           
Net income per share of Ark Restaurants Corp. common stock                          
Basic     $ 0.84       $ 0.46       $ 0.44       $ 0.50    
Diluted     $ 0.83       $ 0.46       $ 0.43       $ 0.50    
                           
WEIGHTED AVERAGE NUMBER OF COMMON SHARES-BASIC       3,490         3,490         3,490         3,495    
                           
WEIGHTED AVERAGE NUMBER OF COMMON SHARES-DILUTED       3,513         3,490         3,515         3,495    
                           
EBITDA Reconciliation:                          
Pre tax income     $ 4,267       $ 2,646       $ 1,883       $ 2,162    
Depreciation and amortization       972         917         2,892         2,687    
Interest       3         (45 )       (52 )       (250 )  
EBITDA (a)     $ 5,242       $ 3,518       $ 4,723       $ 4,599    
                           
EBITDA adjusted for non-cash stock option expense                          
and non-controlling interests:                          
EBITDA (as defined) (a)     $ 5,242       $ 3,518       $ 4,723       $ 4,599    
Net (income) loss attributable to non-controlling interests       (145 )       (88 )       248         273    
Non-cash stock option expense       145         122         458         278    
EBITDA, as adjusted     $ 5,242       $ 3,552       $ 5,429       $ 5,150    
                                           
(a)   EBITDA is defined as earnings before interest, taxes, depreciation and amortization and cumulative effect of changes in accounting principle. Although EBITDA is not a measure of performance or liquidity calculated in accordance with generally accepted accounting principles (GAAP), the Company believes the use of this non-GAAP financial measure enhances an overall understanding of the Company’s past financial performance as well as providing useful information to the investor because of its historical use by the Company as both a performance measure and measure of liquidity, and the use of EBITDA by virtually all companies in the restaurant sector as a measure of both performance and liquidity. However, investors should not consider this measure in isolation or as a substitute for net income (loss), operating income (loss), cash flows from operating activities or any other measure for determining the Company’s operating performance or liquidity that is calculated in accordance with GAAP, as it may not necessarily be comparable to similarly titled measures employed by other companies. A reconciliation of EBITDA to the most comparable GAAP financial measure, pre-tax income (loss), is included above.

J. Alexander’s Corporation (NASDAQ: JAX) today reported operating results for the second quarter and first half of fiscal 2010 ended July 4, 2010.

A summary of the second quarter of 2010 compared to the second quarter of 2009 follows:

  • Net sales increased 4.7% to $36,336,000 from $34,710,000.
  • Average weekly same store sales per restaurant advanced 4.7%.
  • The loss before income taxes was $357,000 compared to a loss before income taxes of $1,431,000 in the second quarter of 2009.
  • An income tax benefit of $383,000 was recorded for the second quarter of 2010 compared to a benefit of $635,000 in the second quarter of 2009.
  • Net income was $26,000 compared to a net loss of $796,000 in the second quarter of 2009, and the diluted earnings per share were $.00 compared to a loss per share of $.12 in the second quarter of 2009.

Commenting on results for the second quarter of 2010, Lonnie J. Stout II, Chairman, President and CEO, said, “We are pleased with the continued upward trend in same store sales which was responsible for much of the improvement in our performance. Our sales gains were somewhat ahead of our expectations and were broad-based with most of our restaurants posting increases. We are encouraged with these results, but very mindful that we still have a way to go before returning to our pre-recession sales and profit levels.”

For the second quarter of 2010, J. Alexander’s Corporation recorded average weekly same store sales per restaurant of $84,700, up from $80,900 in the corresponding quarter a year earlier. The Company’s average weekly sales per restaurant for the second period of 2010 were $84,800, an increase from $80,900 achieved in the second quarter of 2009. Same store sales calculations are based on 32 restaurants open for more than 18 months.

J. Alexander’s Corporation reported an increase of 2.6% in average guest counts on a same store sales basis from the comparable period of 2009. The average guest check, including alcoholic beverage sales for the quarter, rose 2.2% to approximately $25.00. The effect of menu price increases for the quarter just ended was approximately 1.3% compared to the same period a year earlier.

“In a still uncertain economy, we believe our sales performance and increases in guest counts indicate that our guests continue to appreciate the quality and service J. Alexander’s offers,” Stout observed.

The Company’s increases in same store sales contributed to lower labor and related costs and other restaurant operating expenses as percentages of net sales during the second quarter of the current year. Total labor and related costs decreased from 35.5% of net sales to 34.5% of net sales. Other restaurant operating expenses decreased to 22.5% of net sales from 23.5% of net sales. Depreciation and amortization of restaurant property and equipment decreased to 4.1% of net sales for the second quarter of 2010 from 4.8% for the second quarter of 2009 because asset impairment charges recorded at the end of 2009 significantly lowered the depreciable basis for the assets of two restaurants and because of the increase in same store sales.

Cost of sales for the second quarter of 2010 increased to 32.4% of net sales from 31.2% of net sales in the corresponding quarter of the previous year.

“Our cost of sales climbed in the second quarter of 2010 largely due to higher prices paid by the Company for beef and certain other food commodities,” Stout pointed out. “This took our cost of sales above our targeted level and we are implementing some very modest menu price increases to offset some of these higher food costs.”

For the second quarter of 2010, J. Alexander’s Corporation’s restaurant operating margins (net sales minus total restaurant operating expenses divided by net sales) increased to 6.6% from 5.1% in the same period of 2009.

General and administrative expenses for the second quarter of 2010 decreased by approximately $450,000, or 16.5%, largely due to charges included in the second quarter of 2009 related to litigation pending at that time. Stout added that the Company had done a good job of managing other general and administrative expenses as well and that expenses were down versus the prior year quarter in most categories.

For the first six months of 2010, J. Alexander’s Corporation recorded net sales of $75,061,000, up from $72,775,000 reported in the first two quarters of 2009. The Company recorded net income of $823,000, or $.14 per diluted share, compared to a net loss of $344,000, or $.05 per share, posted in the comparable two periods of 2009.

J. Alexander’s Corporation had average weekly same store sales per restaurant of $88,000 in the first six months of 2010, up 3.2% from $85,300 recorded in the first two quarters of 2009. The Company’s average weekly sales per restaurant for the first two periods of 2010 were $87,500, up 3.2% from $84,800 reported in the corresponding period of 2009.

The Company’s average guest counts for the first six months of 2010 increased 1.9% on a same store basis from the comparable six months of 2009. The average guest check, including alcoholic beverage sales, increased 1.5% to $25.13. The effect of menu price increases for the first two quarters of 2010 was approximately 0.9% compared to the same period of the prior year.

Total cost of sales for the first six months of 2010 was 31.9%, up from 31.3% in the comparable six month period of 2009. Restaurant labor and related costs for the first two quarters of the current year decreased to 33.8% of net sales from 34.4% of net sales in the same two periods of 2009, and other restaurant operating expenses decreased to 22.1% of net sales for the first half of 2010 compared to 22.8% for the first half of 2009. For the first six months of 2010, J. Alexander’s Corporation had restaurant operating margins of 8.1%, up from 6.9% in the first two quarters of 2009.

Stout said that the outlook for the balance of the year is generally favorable, but with questions remaining about the strength of the recovery and consumer confidence.

“We are seeing signs of recovery in the upscale segment of the restaurant industry. Our goal is to make sure we have our fair share of the business.

“Our outlook is considerably brighter than at this point a year ago. We enter the final half of 2010 with a very positive pace of sales momentum. We are confident in our ability to continue to improve the performance of our restaurants even in a fragile economic recovery.”

J. Alexander’s Corporation operates 33 J. Alexander’s restaurant in thirteen states: Alabama, Arizona, Colorado, Florida, Georgia, Illinois, Kansas, Kentucky, Louisiana, Michigan, Ohio, Tennessee and Texas. The Company’s menu features a wide selection of American classics, including steaks, prime rib of beef and fresh seafood, as well as a large assortment of interesting salads, sandwiches and desserts. J. Alexander’s also has a full-service bar that features an outstanding selection of wines by the glass and bottle.

J. Alexander’s Corporation is headquartered in Nashville, Tennessee.

This press release contains forward-looking statements that involve risks and uncertainties. Actual results, performance or developments could differ materially from those expressed or implied by those forward-looking statements as a result of known or unknown risks, uncertainties and other factors. These risks, uncertainties and factors include the Company’s ability to maintain satisfactory guest count levels and maintain or increase sales and operating margins in its restaurants under weak economic conditions, which may continue indefinitely and which could worsen, potentially resulting in additional asset impairment charges and/or restaurant closures and charges associated therewith; fluctuations in the Company’s operating results which could affect compliance with its debt covenants and ability to borrow funds; conditions in the U.S. credit markets and the availability of bank financing on acceptable terms; changes in business or economic conditions, including rising food costs and product shortages as well as mandated increases in the minimum wage the Company is required to pay; the effect of higher gasoline prices or commodity prices, unemployment and other economic factors on consumer demand; availability of qualified employees; increased cost of utilities, insurance and other restaurant operating expenses; potential fluctuations of quarterly operating results due to seasonality and other factors; the effect of hurricanes and other weather disturbances which are beyond the control of the Company; the number and timing of new restaurant openings and the Company’s ability to operate them profitably; competition within the casual dining industry, which is very intense; competition by the Company’s new restaurants with its existing restaurants in the same vicinity; changes in consumer spending, consumer tastes, and consumer attitudes toward nutrition and health; the potential impact of mandated food content labeling and disclosure legislation; expenses incurred if the Company is the subject of claims or litigation or increased governmental regulation; the impact associated with recently passed federal health care reform legislation, including the operating costs necessary to comply with applicable health care benefit requirements; changes in accounting standards, which may affect the Company’s reported results of operations; and expenses the Company may incur in order to comply with changing corporate governance and public disclosure requirements of the Securities and Exchange Commission and The NASDAQ Stock Market. These as well as other factors are discussed in detail in the Company’s filings made with the Securities and Exchange Commission and other communications.

 
J. Alexander’s Corporation and Subsidiaries
Consolidated Statements of Operations
(Unaudited in thousands, except per share amounts)
                     
    Quarter Ended     Six Months Ended  
    July 4   June 28     July 4   June 28  
    2010   2009     2010   2009  
                             
Net sales   $ 36,336   $ 34,710     $ 75,061   $ 72,775  
Costs and expenses:                            
Cost of sales     11,774     10,836       23,975     22,789  
Restaurant labor and related costs     12,518     12,313       25,351     25,049  
Depreciation and amortization of restaurant property and equipment     1,493     1,657       3,019     3,325  
Other operating expenses     8,163     8,149       16,619     16,598  
Total restaurant operating expenses     33,948     32,955       68,964     67,761  
General and administrative expenses     2,278     2,729       4,439     5,077  
Operating income (loss)     110     (974 )     1,658     (63 )
Other income (expense):                            
Interest expense     (482 )   (477 )     (967 )   (956 )
Other, net     15     20       33     35  
Total other expense     (467 )   (457 )     (934 )   (921 )
Income (loss) before income taxes     (357 )   (1,431 )     724     (984 )
Income tax benefit     383     635       99     640  
Net income (loss)   $ 26   $ (796 )   $ 823   $ (344 )
                               
Earnings (loss) per share:                              
Basic earnings (loss) per share   $ -   $ (.12 )   $ .14   $ (.05 )
Diluted earnings (loss) per share   $ -   $ (.12 )   $ .14   $ (.05 )
                         
Weighted average number of shares:                        
Basic earnings (loss) per share     5,951     6,417     5,949   6,586  
Diluted earnings (loss) per share     6,013     6,417     5,989   6,586  
                         
                         
                         
J. Alexander’s Corporation and Subsidiaries
Consolidated Statements of Operations
Percentages of Net Sales (Unaudited)
                             
    Quarter Ended     Six Months Ended  
    July 4       June 28     July 4       June 28  
    2010       2009     2010       2009  
                             
Net sales   100.0  %     100.0  %   100.0  %     100.0  %
Costs and expenses:                            
Cost of sales   32.4       31.2     31.9       31.3  
Restaurant labor and related costs   34.5       35.5     33.8       34.4  
Depreciation and amortization of restaurant property and equipment   4.1       4.8     4.0       4.6  
Other operating expenses   22.5       23.5     22.1       22.8  
Total restaurant operating expenses   93.4       94.9     91.9       93.1  
General and administrative expenses   6.3       7.9     5.9       7.0  
Operating income (loss)   0.3       (2.8 )   2.2       (0.1 )
Other income (expense):                            
Interest expense   (1.3 )     (1.4 )   (1.3 )     (1.3 )
Other, net   -       -     -       -  
Total other expense   (1.3 )     (1.3 )   (1.2 )     (1.3 )
Income (loss) before income taxes   (1.0 )     (4.1 )   1.0       (1.4 )
Income tax benefit   1.1       1.8     0.1       0.9  
Net income (loss)   0.1 %     (2.3 )%   1.1 %     (0.5 )%
                             
Note: Certain percentage totals do not sum due to rounding.
                             
Average Weekly Sales Information:                            
                             
Average weekly sales per restaurant   $ 84,800       $ 80,900     $ 87,500       $ 84,800  
Percent change   4.8%             3.2%          
                             
Same store weekly sales per restaurant (1)   $ 84,700       $ 80,900     $ 88,000       $ 85,300  
Percent change   4.7%             3.2%          
                             
                             
(1) Includes the 32 restaurants open for more than 18 months.
 
 
 
J. Alexander’s Corporation and Subsidiaries
Condensed Consolidated Balance Sheets
(Unaudited in thousands)
             
    July 4     January 3
    2010     2010
ASSETS                  
                   
Current assets                  
Cash and cash equivalents   $   5,499     $   5,613
Other current assets       5,597         6,202
Total current assets       11,096         11,815
                   
Other assets       1,691         1,601
Property and equipment, net       75,988         77,914
Deferred income taxes       152         152
Deferred charges, net       603         659
    $   89,530     $   92,141
                   
LIABILITIES AND STOCKHOLDERS’ EQUITY                  
                   
Current liabilities   $   13,912     $   15,194
Long-term debt and capital lease obligations       19,008         21,796
Other long-term liabilities       10,285         9,903
Stockholders’ equity       46,325         45,248
    $   89,530     $   92,141
           
           
 

Sbarro, Inc. has announced results of operations for the second quarter and six months ended June 27, 2010. The Company’s detailed results are included in its Quarterly Report on Form 10-Q, which was filed with the SEC on August 11, 2010.

Second Quarter Financial Results

Revenues were $76.1 million for the quarter ended June 27, 2010 as compared to revenues of $80.1 million for the quarter ended June 28, 2009. The decrease in sales is due to a decrease in comparable-unit sales of $4.5 million or 6.2% in our QSR restaurants and lost sales from stores strategically closed of $1.4 million, partially offset by sales generated by new stores opened, remodeled or relocated in 2010 and 2009 of $1.9 million. Domestic franchise restaurants performed better than company-owned restaurants with a comparable-unit sales decline of 0.9%, mainly due to shifts in the university semesters as compared to the prior year. The decrease in company-owned and domestic franchise comparable-unit sales primarily reflects continued reduced consumer spending throughout the United States as a result of the current economic environment. Without consideration for foreign currency fluctuations, international franchise comparable-unit sales increased 4.1%. The valuation of the U.S. Dollar relative to foreign currencies added an additional 3.9% increase in international franchise comparable-unit sales.

EBITDA, as calculated in accordance with the terms of the Company’s bank credit agreements, was $6.3 million for the quarter ended June 27, 2010 as compared to $8.2 million for the quarter ended June 28, 2009. The decline was primarily the result of the decline in company-owned comparable-unit sales and an increase in commodity costs during the quarter, specifically cheese, partially offset by payroll and other cost savings initiatives.

As discussed in Exhibit A, EBITDA is a non-GAAP financial measure that management believes is an important metric for us to report to our investors, as we consider it a helpful additional indicator of our ability to meet future debt obligations and to comply with certain covenants in our borrowing agreements which are tied to this metric. Exhibit A includes a reconciliation of EBITDA to net loss, which is the most directly comparable financial measure under United States Generally Accepted Accounting Principles (“GAAP”). Exhibit A also identifies adjustments to EBITDA that are provided for under the Company’s bank credit agreements.

Year to Date Financial Results

Revenues were $155.1 million for the six months ended June 27, 2010 as compared to revenues of $159.7 million for the six months ended June 28, 2009. The decrease in sales is due to a decrease in comparable-unit sales of $5.4 million or 3.7% in our QSR restaurants and lost sales from stores strategically closed of $3.6 million, partially offset by sales generated by new stores opened, remodeled or relocated in 2010 and 2009 of $3.9 million. Domestic franchise comparable-unit sales declined 3.0%. The decrease in company-owned and domestic franchise comparable-unit sales primarily reflects continued reduced consumer spending throughout the United States as a result of the current economic environment. Without consideration for foreign currency fluctuations, international franchise comparable-unit sales increased 5.8%. The valuation of the U.S. Dollar relative to foreign currencies added an additional 7.0% increase in international franchise comparable-unit sales.

EBITDA, as calculated in accordance with the terms of the Company’s bank credit agreements, was $14.3 million for the six months ended June 27, 2010 as compared to $17.3 million for the six months ended June 28, 2009. The decline was primarily the result of the decline in company-owned comparable-unit sales and an increase in commodity costs, specifically cheese, partially offset by cost savings initiatives.

The Company was in compliance with all covenants as calculated in accordance with the terms of the Company’s bank credit agreement at June 27, 2010.

Nicholas McGrane, Interim President and Chief Executive Officer of Sbarro, Inc. commented, “Our results for the second quarter of 2010 continued to be impacted by the general economic slowdown still present in our operating environment. We are focusing on top line performance to strengthen results in the months ahead while continuing to balance our cost control initiatives.”

Conference Call Scheduled

Sbarro, Inc. will host a conference call on August 19, 2010 at 9:30 AM Eastern Time to discuss results of operations for the second quarter and six months ended June 27, 2010. There are two ways to participate in the conference call-via conference call or webcast. Domestic callers may dial in at 1-877-941-8601. International callers may dial in at 1-480-629-9810. Request to be connected to the Sbarro, Inc. Q2 Fiscal 2010 Earnings Conference Call, confirmation number 4349740. Callers should dial in five to ten minutes before the scheduled start time. You may also access the conference call via webcast by visiting Sbarro Inc.’s website (http://www.sbarro.com), selecting Investors, and going to Investor Presentations.

An archived copy of the call will be available for one week to replay beginning at 12:30 PM (ET) on August 19, 2010. Domestic callers may dial 1-877-870-5176 and International callers may dial 1-858-384-5517. The replay PIN number is 4349740. An archived copy of the call will also be available by accessing Sbarro, Inc.’s homepage.

About the Company

Based in Melville, New York, we are the world’s leading Italian quick service restaurant concept and the largest shopping mall-focused restaurant concept in the world. We have more than 1,000 restaurants in 41 countries. Sbarro restaurants feature a menu of popular Italian food, including pizza, a selection of pasta dishes and other hot and cold Italian entrees, salads, sandwiches, drinks and desserts. Additional information is available at http://www.sbarro.com.

Forward-Looking Statement Disclosure

This press release contains “forward-looking statements,” as such term is used in the Securities Exchange Act of 1934, as amended. Forward-looking statements include statements about non-historical matters and often are identified by the words “anticipate,” “believe,” “estimate,” “expect,” “intend,” “plan,” “project,” “target,” “can,” “could,” “may,” “should,” “will,” “would” and similar expressions. These forward-looking statements include statements about anticipated future store openings and growth and involve known and unknown risks, uncertainties and other factors that may cause the actual results, performance, achievements or transactions of Sbarro and its affiliates to be materially different from any future results, performance, achievements or transactions expressed or implied by such forward-looking statements. Factors that could cause or contribute to such differences include: (1) general economic, inflation, national security, weather and business conditions; (2) decrease in mall traffic, and other events arising from the downturn in the economy; (3) the availability of suitable restaurant sites in appropriate regional shopping malls and other locations on reasonable rental terms; (4) changes in consumer tastes; (5) changes in population and traffic patterns, including the effects that military action and terrorism or other events may have on the willingness of consumers to frequent malls, airports or downtown areas which are the predominant areas in which our restaurants are located; (6) our ability to continue to attract franchisees; (7) the success of our present, and any future, joint ventures and other expansion opportunities; (8) changes in commodity and commodity related prices (particularly cheese and flour), beverage and paper products; (9) our ability to pass along cost increases to our customers; (10) increases in the Federal minimum wage; (11) the continuity of services of members of our senior management team; (12) our ability to attract and retain competent restaurant and executive managerial personnel; (13) competition; (14) the level of, and our ability to comply with, government regulations; (15) our ability to generate sufficient cash flow to make interest payments under our borrowing agreements; (16) our ability to comply with financial covenants and ratios and the effects the restrictions imposed by those financial covenants and ratios may have on our ability to operate our business; (17) our ability to repurchase and/or repay amounts under our borrowing agreements to the extent required in the event of certain circumstances as defined in our borrowing agreements; and (18) other factors discussed in our filings with the Securities and Exchange Commission. The Company undertakes no obligation to update or revise any forward- looking statements, whether as a result of new information, future events or otherwise. The Company assumes no obligation to update or supplement forward-looking statements that become untrue because of subsequent events.

[Financial schedules to follow]

SBARRO, INC. AND SUBSIDIARIES
CONSOLIDATED STATEMENTS OF OPERATIONS
(UNAUDITED)
(in thousands)
         
    For The Three Months   For The Three Months
    Ended June 27,   Ended June 28,
    2010   2009
         
Revenues:        
Restaurant sales   $ 72,964     $ 76,659  
Franchise related income     3,132       3,475  
Total revenues     76,096       80,134  
         
Costs and expenses:        
Cost of food and paper products     15,323       15,631  
Payroll and other employee benefits     20,590       21,548  
Other operating costs     30,989       29,730  
Other income, net     (941 )     (844 )
Depreciation and amortization     3,719       4,266  
General and administrative     7,729       7,424  
Goodwill and other intangible asset impairment     15,700       -  
Asset impairment, restaurant closings/remodels     1,118       1,117  
Total costs and expenses, net     94,227       78,872  
         
Operating (loss) income     (18,131 )     1,262  
         
Other (expense) income:        
Interest expense     (7,657 )     (7,492 )
Interest income     1       1  
Net other expense     (7,656 )     (7,491 )
Loss before income taxes and equity investments     (25,787 )     (6,229 )
Income tax (benefit) expense     (6,192 )     168  
Loss before equity investments     (19,595 )     (6,397 )
Loss from equity investments     (58 )     (53 )
Net loss     (19,653 )     (6,450 )
Less: Net loss (income) attributable to                
noncontrolling interests     824       (19 )
Net loss attributable to Sbarro, Inc.   $ (18,829 )   $ (6,469 )

 

SBARRO, INC. AND SUBSIDIARIES
CONSOLIDATED STATEMENTS OF OPERATIONS
(UNAUDITED)
(in thousands)
         
    For The Six Months   For The Six Months
    Ended June 27,   Ended June 28,
    2010   2009
         
Revenues:        
Restaurant sales   $ 148,191     $ 152,942  
Franchise related income     6,889       6,774  
Total revenues     155,080       159,716  
         
Costs and expenses:        
Cost of food and paper products     30,646       31,129  
Payroll and other employee benefits     41,848       42,787  
Other operating costs     61,001       59,574  
Other income, net     (1,787 )     (2,020 )
Depreciation and amortization     7,093       8,467  
General and administrative     15,329       15,826  
Goodwill and other intangible asset impairment     15,700       -  
Asset impairment, restaurant closings/remodels     1,118       1,996  
Total costs and expenses, net     170,948       157,759  
         
Operating (loss) income     (15,868 )     1,957  
         
Other (expense) income:        
Interest expense     (15,106 )     (13,333 )
Write-off of deferred financing costs     -       (423 )
Interest income     1       33  
Net other expense     (15,105 )     (13,723 )
Loss before income taxes and equity investments     (30,973 )     (11,766 )
Income tax (benefit) expense     (6,080 )     272  
Loss before equity investments     (24,893 )     (12,038 )
Loss from equity investments     (120 )     (108 )
Net loss     (25,013 )     (12,146 )
Less: Net loss (income) attributable to                
noncontrolling interests     987       (33 )
Net loss attributable to Sbarro, Inc.   $ (24,026 )   $ (12,179 )

 

Exhibit A
Sbarro, Inc.
EBITDA Reconciliation
Quarters and Years to Date Ended June 27, 2010 and June 28, 2009
(unaudited)
 
EBITDA represents earnings before interest income, interest expense, taxes, depreciation and amortization. EBITDA, as calculated under the Company’s bank credit agreements, includes certain additional adjustments, as set forth in the reconciliation that follows. EBITDA is a non-GAAP financial measure and should not be considered in isolation from, or as a substitute for, net income, cash flow from operations or other cash flow statement data prepared in accordance with United States generally accepted accounting principles (“GAAP”) or as a measure of a company’s profitability or liquidity. Rather, we believe that EBITDA provides relevant and useful information for analysts of, and investors in, our Senior Notes due 2015 (“Senior Notes”), and our lenders as EBITDA is one of the measures used in calculating our compliance with certain financial ratios in the indenture governing our Senior Notes and in determining compliance with certain financial covenants under the Company’s bank credit agreements.

Our calculation of EBITDA may not be comparable to a similarly titled measure reported by other companies, since all companies do not calculate this non-GAAP measure in the same manner. Our EBITDA calculations are not intended to represent cash provided by (used in) operating activities since they do not include interest and taxes and changes in operating assets and liabilities, nor are they intended to represent a net increase in cash since they do not include cash provided by (used in) investing and financing activities. The calculation of EBITDA under our bank credit agreements and under the indenture governing our Senior Notes may differ, because of differences in the definitions contained in those two documents. We provide a calculation of EBITDA under our bank credit agreements because we are required to satisfy a quarterly financial measurement that uses EBITDA as a compliance metric. Our indenture does not include a similar quarterly compliance covenant.

The following tables reconcile net loss attributable to Sbarro, Inc. for the following periods in 2010 and 2009, respectively, to EBITDA as defined in the Company’s bank credit agreements for the same periods. We believe that net loss is the most directly comparable GAAP financial measure to EBITDA. All amounts below are in thousands.

    Three Months Ended   Three Months Ended
    June 27, 2010   June 28, 2009
         
Net loss attributable to Sbarro, Inc.   ($18,829 )   ($6,469 )
Interest Expense   7,657     7,492  
Interest Income   (1 )   (1 )
Income Tax Expense   (6,192 )   168  
Depreciation and Amortization   3,719     4,266  
EBITDA attributable to Sbarro, Inc.   ($13,646 )   $5,456  
         
Goodwill and other intangible asset impairment   15,700     -  
         
EBITDA attributable to Sbarro, Inc. exclusive of goodwill and other intangible asset impairment   $2,054     $5,456  
         
Adjustments:        
Non-cash charges (1)   1,326     1,205  
Management fees and related expenses (2)   297     248  
Restructuring related expenses, store closing costs and severance (3)   1,481     1,084  
Preopening, joint venture operations and taxes in lieu of income tax   1,158     227  
Bank Credit Agreement EBITDA   $6,316     $8,220  

 

    Six Months Ended   Six Months Ended
    June 27, 2010   June 28, 2009
         
Net loss attributable to Sbarro, Inc.   ($24,026 )   ($12,179 )
Interest Expense   15,106     13,333  
Interest Income   (1 )   (33 )
Income Tax Expense   (6,080 )   272  
Depreciation and Amortization   7,093     8,467  
EBITDA attributable to Sbarro, Inc.   ($7,908 )   $9,860  
         
Goodwill and other intangible asset impairment   15,700     -  
         
EBITDA attributable to Sbarro, Inc. exclusive of goodwill and other intangible asset impairment   $7,792     $9,860  
         
Adjustments:        
Non-cash charges (1)   1,816     2,820  
Management fees and related expenses (2)   595     957  
Restructuring related expenses, store closing costs and severance (3)   2,016     2,989  
Preopening, joint venture operations and taxes in lieu of income tax   2,122     722  
Bank Credit Agreement EBITDA   $14,341     $17,348  
     
     
(1)   Expenses relating to non-cash charges including deferred rent and asset impairments.
     
(2)   Financial advisory, accounting, legal and other similar advisory and consulting fees relating to the credit facility amendment and 2nd lien transaction in 2009 and accrued management fees and expenses.
     
(3)   Restructuring related expenses, severance or the discontinuance of any portion of operations, employees and/or management and operating losses of closed stores.

O’Charley’s Inc. (Nasdaq: CHUX) today reported operating results for the 12-week period ended July 11, 2010, and filed its Form 10-Q for the second quarter of 2010.

Financial and Operating Highlights

  • Revenue for the second quarter of fiscal 2010 decreased by 5.9 percent to $194.1 million from $206.2 million in the second quarter of fiscal 2009. Second quarter same-store sales at O’Charley’s company-operated restaurants declined by 7.9 percent, on a 5.7 percent decline in guest counts and a 2.4 percent decline in average check. Same-store sales at Ninety Nine declined by 0.5 percent, as a 0.4 percent increase in guest counts was offset by a 0.9 percent decline in average check. Same store sales at Stoney River Legendary Steaks declined by 0.7 percent, as a 7.8 percent increase in guest counts was offset by an 8.0 percent decline in average check.
  • Restaurant-level margins, which the Company defines as restaurant sales less cost of food and beverage, payroll and benefits costs, and restaurant operating costs, decreased to 14.1 percent of restaurant sales from 16.4 percent in the prior year quarter, with year-over-year margin improvement at Stoney River offset by margin declines at O’Charley’s and Ninety Nine.
  • General and administrative expenses for the quarter were $10.2 million, or 5.3 percent of revenue, and included severance and other charges of $2.4 million, or 1.2 percent of revenues relating to organizational changes in the quarter. General and administrative expenses in the prior year quarter were $8.1 million, or 3.9 percent of revenues.
  • Including the severance charges, loss from operations in the quarter was $0.5 million, or 0.3 percent of revenues, compared to income from operations of $5.2 million, or 2.5 percent of revenues in the prior year quarter. Results for the prior year quarter included impairment charges of $1.5 million. Adjusted EBITDA in the quarter was $12.4 million, or 6.4 percent of revenues, compared to $18.9 million, or 9.2 percent of revenues in the prior year quarter. Adjusted EBITDA is a non-GAAP supplemental financial measure that the Company believes may be useful for understanding its financial performance. A reconciliation of adjusted EBITDA to income from operations is provided later in this release.
  • Results for the quarter include interest expense of $2.9 million, and an income tax benefit of $0.9 million, resulting in a net loss attributable to common shareholders of $2.5 million, or $0.12 per diluted share. In comparison, net earnings available to common shareholders in the prior year quarter were $2.8 million, or $0.13 per diluted share.
  • Capital investment during the quarter was $4.7 million, compared to $4.5 million in the prior year quarter. At quarter end, the Company had a cash balance of $25.9 million, and had no drawings on its revolving line of credit.

“Although the economic environment continues to be challenging for casual dining companies, two of our three concepts, Ninety Nine and Stoney River, experienced a positive shift in momentum in the second quarter,” said Philip J. Hickey, Jr., chairman of the board of directors and interim chief executive officer of O’Charley’s Inc. “Ninety Nine outperformed its relevant Knapp-Track averages in the quarter, and had its first quarter of positive guest count growth in more than four years. Our guests continue to respond favorably to our ‘Nine Real-Sized Entrees for $9.99’ offering, and we hope to continue this momentum at Ninety Nine in the second half of the year. It appears that the repositioning of the Stoney River concept continues to show progress. Same store sales were better than the trends of the past three years, guest counts have been positive in the high single digits for three consecutive quarters, and restaurant operating margin in the quarter improved by 530 basis points compared to the prior year quarter.

“While we were disappointed with the second quarter financial performance of the O’Charley’s concept, we believe that enhanced focus on innovative food offerings, service improvements and value will lead to a shift in sales trends later this year. We believe that improving guest counts is the first step toward improving the sales and profitability of the concept. In this regard, we recently re-introduced ‘2 Meals for $14.99’ featuring our proven favorites combined with value-priced appetizer, beverage, and full-meal offerings. As we announced last week, David Head will be joining us soon as President and Chief Executive Officer and a member of our Board of Directors. I look forward to working closely with David to continue our pursuit of positive momentum.”

Outlook for the Third Quarter of 2010

Given the current uncertainty in the general economic outlook and the outlook for consumer spending, the Company does not believe that it has sufficient visibility to offer a projection of its full-year 2010 financial performance. For the third quarter of 2010, the Company is forecasting total revenue of between $186 million and $192 million, and a loss from operations of between $1 million and $4 million. The Company projects adjusted EBITDA of between $7 million and $10 million in the third quarter, based upon estimated depreciation and amortization expense of approximately $10 million, and estimated stock compensation expense of approximately $1 million.

Investor Conference Call and Web Simulcast

O’Charley’s Inc. will conduct a conference call on its 2010 second quarter results on August 12, 2010, at 11:00 a.m. Eastern. The number to call for this interactive teleconference is (877) 941-8631, and the confirmation passcode is 4343186. Please dial in 10 minutes prior to the beginning of the call. A replay of the conference call will be available through August 26, 2010, by dialing (800) 406-7325 and entering passcode 4343186.

The live broadcast of O’Charley’s conference call will be available online: http://phx.corporate-ir.net/phoenix.zhtml?p=irol-eventDetails&c=82565&eventID=3270686

If you are unable to participate during the live Webcast, the call will be archived on the Company’s Web site at www.ocharleysinc.com, as well as www.streetevents.com and www.earnings.com, and be available through August 26, 2010.

About O’Charley’s Inc.

O’Charley’s Inc., headquartered in Nashville, Tenn., is a multi-concept restaurant company that operates or franchises a total of 367 restaurants under three brands: O’Charley’s, Ninety Nine Restaurant, and Stoney River Legendary Steaks. The O’Charley’s concept includes 243 restaurants in 19 states in the Southeast and Midwest, including 234 company-operated O’Charley’s restaurants, and 9 restaurants operated by franchisees. The menu, with an emphasis on fresh preparation, features several specialty items, such as hand-cut and aged USDA choice steaks, a variety of seafood and chicken, freshly baked yeast rolls, fresh salads with special-recipe salad dressings and signature caramel pie. The company operates Ninety Nine restaurants in 113 locations throughout New England and the Mid-Atlantic states. Ninety Nine has earned a strong reputation as a friendly, comfortable place to gather and enjoy great American food and drink at a terrific price. The menu features a wide selection of appetizers, salads, sandwiches, burgers, entrees and desserts. The company operates 11 Stoney River Legendary Steaks restaurants in six states in the East, Southeast and Midwest. The steakhouse concept appeals to both upscale casual-dining and fine-dining guests by offering high-quality food and attentive customer service typical of high-end steakhouses, but at more moderate prices.

Forward Looking Statement

The forward looking statements in this press release and statements made by or on behalf of the Company relating hereto, including those containing words like “forecast,” “expect,” “project,” “believe,” “may,” “could,” “anticipate,” and “estimate,” are subject to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. These forward-looking statements may be affected by certain risks and uncertainties, including, but not limited to, the continued deterioration in the United States economy and the related adverse effect on our sales of decreases in consumer spending; the Company’s ability to comply with the terms and conditions of its financing agreements; the Company’s ability to maintain or increase operating margins and same-store sales at its restaurants; the effect that increases in food, labor, energy, interest costs and other expenses have on our results; the effect of increased competition; the Company’s ability to sell closed restaurants and other surplus assets; and the other risks described in the Company’s filings with the Securities and Exchange Commission. In light of the significant uncertainties inherent in the forward-looking statements included herein, you should not regard the inclusion of such information as a representation by us that our objectives, plans and projected results of operations will be achieved and the Company’s actual results could differ materially from such forward-looking statements. The Company does not undertake any obligation to publicly release any revisions to the forward-looking statements contained herein to reflect events and circumstances occurring after the date hereof or to reflect the occurrence of unanticipated events.

 
O’Charley’s Inc. and Subsidiaries
Consolidated Statements of Operations (unaudited)
12 Weeks Ended July 11, 2010 and July 12, 2009
                         
All percentages shown as a percentage of total revenue unless indicated otherwise
                         
            2010   2009
            (in thousands, except per share data)
Revenues:                    
  Restaurant sales     $ 193,848   99.9%   $ 206,028   99.9%
  Franchise and other revenue     239   0.1%     189   0.1%
              194,087   100.0%     206,217   100.0%
Costs and Expenses:                  
  Cost of food and beverage     57,595   29.7%     59,796   29.0%
  Payroll and benefits       68,531   35.4%     72,480   35.2%
  Restaurant operating costs     40,313   20.8%     39,949   19.4%
  Cost of restaurant sales (1), excluding                    
  depreciation and amortization shown below     166,439   85.9%     172,225   83.6%
                         
  Advertising and marketing expenses     7,922   4.1%     8,107   3.9%
  General and administrative expenses     10,190   5.3%     8,075   3.9%
  Depreciation and amortization     9,942   5.1%     10,956   5.3%
  Impairment and disposal charges, net     126   0.1%     1,543   0.7%
  Pre-opening costs       0   0.0%     80   0.0%
              194,619   100.3%     200,986   97.5%
                         
(Loss) Income from Operations     (532)   -0.3%     5,231   2.5%
                         
Other Expense:                    
  Interest expense, net       2,874   1.5%     2,741   1.3%
  Other, net         (1)   0.0%     (82)   0.0%
              2,873   1.5%     2,659   1.3%
                         
(Loss) Earnings before Income Taxes     (3,405)   -1.8%     2,572   1.2%
                         
Income Tax Benefit       (882)   -0.5%     (322)   -0.2%
                         
Net (Loss) Earnings     $ (2,523)   -1.3%   $ 2,894   1.4%
                         
Net (Loss) Attributable/Earnings Available to Common                    
Shareholders   $ (2,523)   -1.3%   $ 2,822   1.4%
                         
Basic (loss) earnings per common share:                
  Net (Loss)/Earnings     $ (0.12)       $ 0.14    
  Weighted Average Common Shares Outstanding     21,230         20,883    
                         
Diluted (loss) earnings per common share:                
  Net (Loss)/Earnings     $ (0.12)       $ 0.13    
  Weighted Average Common Shares Outstanding     21,230         21,378    
                         
(1) Percentages calculated as a percentage of restaurant sales.
                 
O’Charley’s Inc. and Subsidiaries
Consolidated Statements of Operations (unaudited)
28 Weeks Ended July 11, 2010 and July 12, 2009
                           
All percentages shown as a percentage of total revenue unless indicated otherwise
                           
              2010   2009
              (in thousands, except per share data)
Revenues:                      
  Restaurant sales       $ 465,001   99.9%   $ 497,392   99.9%
  Franchise and other revenue       572   0.1%     483   0.1%
                465,573   100.0%     497,875   100.0%
Costs and Expenses:                    
  Cost of food and beverage       137,149   29.5%     144,820   29.1%
  Payroll and benefits         163,289   35.1%     171,803   34.5%
  Restaurant operating costs       95,140   20.5%     96,537   19.4%
  Cost of restaurant sales (1), excluding                    
  depreciation and amortization shown below     395,578   85.1%     413,160   83.1%
                           
  Advertising and marketing expenses       19,689   4.2%     18,558   3.7%
  General and administrative expenses       21,139   4.5%     20,783   4.2%
  Depreciation and amortization       23,566   5.1%     25,978   5.2%
  Impairment and disposal charges, net     5,678   1.2%     1,836   0.4%
  Pre-opening costs         7   0.0%     345   0.1%
                465,657   100.0%     480,660   96.5%
                           
(Loss) Income from Operations       (84)   0.0%     17,215   3.5%
                           
Other Expense (Income):                    
  Interest expense, net         6,918   1.5%     6,784   1.4%
  Other, net           1   0.0%     (72)   0.0%
                6,919   1.5%     6,712   1.3%
                           
(Loss) Income before Income Taxes       (7,003)   -1.5%     10,503   2.1%
                           
Income Tax (Benefit) Expense       (135)   0.0%     468   0.1%
                           
Net (Loss) Earnings       $ (6,868)   -1.5%   $ 10,035   2.0%
                           
Net (Loss) Attributable/Earnings Available to Common                    
Shareholders   $ (6,868)   -1.5%   $ 9,746   2.0%
                           
Basic (loss) earnings per common share:                
  Net (Loss)/Earnings       $ (0.32)       $ 0.47    
  Weighted Average Common Shares Outstanding     21,136         20,721    
                           
Diluted (loss) earnings per common share:                
  Net (Loss)/Earnings       $ (0.32)       $ 0.47    
  Weighted Average Common Shares Outstanding     21,136         20,933    
                           
(1) Percentages calculated as a percentage of restaurant sales
 
O’Charley’s Inc.
Condensed Consolidated Balance Sheets (unaudited)
At July 11, 2010 and December 27, 2009
                   
                   
                   
                2010     2009
              (in thousands)
                   
Cash           $ 25,855   $ 21,880
                   
Other current assets         31,337     34,174
                   
Property and equipment, net         345,557     366,850
                   
Trade names and other intangible assets       25,946     25,946
                   
Other assets           13,844     13,405
                   
Total assets         $ 442,539   $ 462,255
                   
                   
Current portion of long-term debt and capital leases   $ 1,996   $ 1,979
                   
Other current liabilities         68,557     71,019
                   
Long-term debt, net of current portion       117,548     128,121
                   
Capitalized lease obligations         820     1,798
                   
Other liabilities           49,012     50,219
                   
Shareholders’ equity         204,606     209,119
                   
Total liabilities and shareholders’ equity   $ 442,539   $ 462,255
                   
O’Charley’s Inc. and Subsidiaries
Financial and Other Information (unaudited)
12 and 28 Weeks Ended July 11, 2010 and July 12, 2009
All percentages shown as percentage of restaurant sales
                     
        Quarter   Year to Date
O’Charley’s Concept: (1)     2010   2009   2010   2009
  Number of restaurants open   (1) 234   233   234   233
  Average check per guest   (1) $ 12.68   $ 12.98   $ 12.54   $ 13.10
  Average weekly sales per restaurant   (1) $ 43,640   $ 47,284   $ 45,424   $ 48,898
                     
  Restaurant sales (millions)     $ 122.3   $ 133.6   $ 297.6   $ 322.2
                     
  Costs and expenses:                  
  Cost of food and beverage     29.5%   28.8%   29.4%   28.9%
  Payroll and benefits     35.5%   35.0%   34.9%   34.2%
  Restaurant operating costs (2)     20.4%   19.0%   19.8%   18.5%
                     
  Cost of restaurant sales     85.4%   82.8%   84.1%   81.6%
                     
Ninety Nine Concept:                  
  Number of restaurants open at quarter end     113   116   113   116
  Average check per guest     $ 14.49   $ 14.61   $ 14.55   $ 14.80
  Average weekly sales per restaurant     $ 47,355   $ 47,016   $ 47,077   $ 48,438
                     
  Restaurant sales (millions)     $ 64.2   $ 65.4   $ 149.5   $ 157.2
                     
  Costs and expenses:                  
  Cost of food and beverage     29.4%   28.6%   28.9%   28.7%
  Payroll and benefits     36.0%   35.9%   36.5%   35.7%
  Restaurant operating costs (2)     21.4%   20.0%   21.9%   20.9%
                     
  Cost of restaurant sales     86.8%   84.5%   87.3%   85.3%
                     
Stoney River Concept:                  
  Number of restaurants open at quarter end     11   10   11   10
  Average check per guest     $ 36.13   $ 40.19   $ 36.94   $ 42.98
  Average weekly sales per restaurant     $ 55,720   $ 55,174   $ 58,162   $ 59,549
                     
  Restaurant sales (millions)     $ 7.4   $ 7.0   $ 17.9   $ 18.0
                     
  Costs and expenses:                  
  Cost of food and beverage     36.3%   36.6%   35.7%   36.8%
  Payroll and benefits     27.3%   31.5%   26.6%   30.0%
  Restaurant operating costs (2)     21.0%   21.8%   20.6%   21.8%
                     
  Cost of restaurant sales     84.6%   89.9%   82.9%   88.6%
                     
(1) Excludes franchised restaurants and 2009 excludes restaurants operated by joint venture partners.
(2) Includes rent: 100% of the Ninety Nine restaurant locations are leased (land or land and building) as compared
to 58% for O’Charley’s and 73% for Stoney River.
                   
O’Charley’s Inc. and Subsidiaries
Calculation of Adjusted EBITDA (unaudited) (1)
A Non-GAAP Financial Measure
12 and 28 Weeks Ended July 11, 2010 and July 12, 2009
                                 
              Quarter   Year to Date
              2010   2009   2010     2009
(Loss) Income from Operations       $ (532)   $ 5,231   $ (84)   $ 17,215
 
Add:                        
Depreciation and amortization       9,942   10,956   23,566     25,978
                             
Impairment and disposal charges, net (2)     126   1,543   5,678     1,836
                             
Stock-based compensation expense (3)     777   1,033   2,211     2,371
                             
Severance, recruiting and relocation expense (4)   2,395   25   2,395     290
                             
Changes in deferred compensation balances (5)   (280)   125   -     39
Adjusted EBITDA       $ 12,428   $ 18,913   $ 33,766   $ 47,729
Notes:
(1)       We present Adjusted EBITDA as a supplemental measure which we believe is indicative of our ongoing performance. We define Adjusted EBITDA as (Loss) Income from Operations plus (i) depreciation and amortization, (ii) impairment and disposal charges, net, (iii) stock-based compensation expense, (iv) severance, recruiting and relocation costs for management changes and (v) changes in deferred compensation balances. You are encouraged to evaluate these adjustments and the reasons we consider them appropriate for supplemental analysis. In evaluating Adjusted EBITDA, you should be aware that in the future we may incur expenses that are the same as or similar to some of the adjustments in this presentation. Our presentation of Adjusted EBITDA should not be construed as an inference that our future results will be unaffected by unusual or non-recurring items.
           
          We present Adjusted EBITDA because we believe it assists investors and analysts in comparing our performance across reporting periods on a consistent basis by excluding items that we do not believe are indicative of our core operating performance. Also, our credit agreement uses measures similar to Adjusted EBITDA to measure our compliance with certain covenants.
           
(2)       Long-lived assets are tested for impairment whenever events or changes in circumstances indicate that the carrying amount of an asset may not be recoverable. Charges include the non-cash write-down of assets to their estimated recovery value as well as certain cash expenses related to the holding and disposition of assets no longer in service and, in fiscal 2009, various costs associated with restructuring our supply chain.
           
(3)       Includes charges relating to the discount on the Company’s Employee Stock Purchase Plan and stock- based compensation plans.
           
(4)       Cash and non-cash charges relating to significant organization changes. Charges in the 12 and 28 weeks ended July 11, 2010, relate primarily to the severance associated with the resignation of the Company’s former CEO and other operational changes. Charges in the 28 weeks ended July 12, 2009 related primarily to the retirement of the Company’s former CEO and the recruitment of a new CEO. These charges are reflected in general and administrative expenses in our unaudited consolidated statements of operations.
(5)       The Company sponsors a deferred compensation plan for certain management employees, which is fully funded with a “Rabbi Trust.”  Changes in the value of the employee’s self-directed balances are reported in compensation expense, with an offsetting amount in interest expense, net.

Wendy’s/Arby’s Group, Inc. (NYSE: WEN), the third largest quick-service restaurant company in the United States, today reported results for the second quarter ended July 4, 2010.

Roland Smith, President and Chief Executive Officer of Wendy’s/Arby’s Group, said: “We achieved 3.2% growth in adjusted EBITDA1 in the second quarter, primarily due to the continued expansion of Wendy’s® company-operated restaurant margin and by significantly reducing G&A expense. We generated this growth despite ongoing challenges in the U.S. economy, particularly the high unemployment rate. We continue to invest in our long-term growth opportunities including Wendy’s breakfast program, remodeling restaurants at both Arby’s® and Wendy’s, and international development.”

Consolidated Second Quarter 2010 Summary

  • Adjusted EBITDA was $120.9 million, excluding pre-tax integration-related costs totaling $0.9 million, and increased 3.2% as compared to second quarter 2009 of $117.2 million, excluding pre-tax integration-related costs of $7.3 million.
  • Consolidated revenues were $877.0 million as compared to second quarter 2009 revenues of $912.7 million.
  • Net income was $10.7 million, or $0.03 per share, including net after-tax special charges of $15.2 million, or $0.03 per share. Second quarter 2009 net income was $14.9 million, or $0.03 per share, including after-tax special charges of $12.4 million, or $0.03 per share.

Consolidated Year-to-Date 2010 Summary

  • Adjusted EBITDA was $212.9 million, excluding pre-tax integration-related costs and non-recurring charges of $8.7 million, and increased 7.8% as compared to 2009 year-to-date adjusted EBITDA of $197.5 million, excluding pre-tax integration-related costs of $15.1 million.
  • Consolidated revenues were $1.7 billion as compared to year-to-date 2009 revenues of $1.8 billion.
  • Net income was $7.3 million, or $0.02 per share, including net after-tax special charges of $27.3 million, or $0.06 per share as compared to year-to-date 2009 net income of $4.0 million, or $0.01 per share, including after-tax special charges of $27.4 million, or $0.06 per share.

Wendy’s Second Quarter 2010 Brand Summary

For the second quarter 2010, Wendy’s total revenue was $607.4 million compared to revenue of $615.2 million in the second quarter a year ago, a year-over-year decrease of $7.8 million due primarily to the decline in company same-store sales.

  • Wendy’s North America systemwide same-store sales decreased 1.7%.
  • Wendy’s North America company-operated same-store sales decreased 2.9% and Wendy’s North America franchise same-store sales decreased 1.4%.
  • Wendy’s company-operated restaurant margin was 16.4%, compared to 15.9% in the second quarter 2009, an increase of 50 basis points. This year-over-year improvement was offset in part by sales deleveraging as well as unfavorable commodity costs.

“At Wendy’s, we were pleased to expand restaurant margins to 16.4%, despite soft same-store sales and a 90 basis point increase in commodity costs. Second quarter same-store sales were impacted by the weak economic environment and continued aggressive value promotions by QSR competitors,” said Smith. “Looking ahead, we are excited about our new lineup of premium salads, which feature high quality, fresh ingredients and all-natural dressings, as well as other new products in the pipeline.

“Our July North America company-operated same-store sales were soft early in the month as we lapped the successful introduction of Boneless Wings a year ago. Sales improved significantly since the start of national advertising for our new salads on July 19, and we anticipate our third quarter same-store sales will be positive at Wendy’s,” said Smith. “Later this year, we will return to value messaging with new product offerings.”

Arby’s Second Quarter 2010 Brand Summary

For the second quarter 2010, Arby’s total revenue was $269.6 million compared to $297.5 million in the second quarter a year ago, a decrease of $27.9 million, which was primarily due to declines in same-store sales and 18 fewer company-operated restaurants.

  • Arby’s North America systemwide same-store sales decreased 7.4%.
  • Arby’s North America company-operated same-store sales declined 8.8% and North America franchise same-store sales declined 6.7%.
  • Arby’s company-operated restaurant margin was 13.4%, compared to 14.9% in the second quarter 2009. The year-over-year difference was due to sales deleveraging and unfavorable commodity costs, partially offset by advertising costs that were deferred until the second half of the year.

“During the second quarter, we achieved flat comparable transactions versus a year ago, which is very encouraging compared to trends over the past year,” said Smith. “It will take some time to turn same-store sales positive, particularly in this tough economic climate. In July, we enhanced our value proposition with the introduction of our new $1 Junior Deluxe Roast Beef sandwich supported by national media.

“Our July North America company-operated same-store sales were negative, but improved significantly after we started national advertising for our new $1 value menu sandwich on July 19, and we generated positive transactions over the last two weeks of the period. While we anticipate Arby’s same-store sales will remain negative for the quarter, we expect sequential improvement over the previous quarter,” said Smith. “We continue to make progress on our key priorities at Arby’s, under the leadership of our new President Hala Moddelmog, including increasing our media efficiency and advertising effectiveness. We are also revitalizing product innovation, executing on our three-year remodel program, and validating and reintroducing our brand positioning to the consumer.”

Company Updates Financial Outlook

The Company updated its outlook and now anticipates 2010 adjusted EBITDA to decline approximately 3% to 5%, as compared to 2009 adjusted EBITDA of $411.6 million normalized for the effect of the 53rd week (2009 net income was $5.1 million). The revised outlook for adjusted EBITDA excludes the incremental advertising of approximately $8 million to support the expansion of Wendy’s new breakfast program later this year to additional company and franchise markets.

The updated 2010 EBITDA outlook includes the following annual expectations:

  • Flat same-store sales at Wendy’s North America company-operated restaurants.
  • Improvement of 70 to 90 basis points in Wendy’s company-operated restaurant margin excluding the effect of the incremental breakfast advertising and the 53rd week.
  • Negative same-store sales at Arby’s North America company-operated restaurants, but improving on a year-over-year basis.
  • Capital expenditures of approximately $165 million, as expected.

“Our adjusted EBITDA outlook for full-year 2010 reflects lower than anticipated sales at each brand due to the challenging economic environment,” said Smith. “We are reviewing our 2011 outlook and plan to provide an update later this year.”

Company Continues International Expansion in Russia and Eastern Caribbean

The Company recently announced a major restaurant development agreement with Wenrus Restaurant Group Limited for the Russian Federation. The agreement calls for the development of 180 dual-branded Wendy’s and Arby’s restaurants over the next 10 years. The Company also recently announced signing an agreement for the development of 24 Wendy’s restaurants over the next 10 years in Trinidad and Tobago and eight other markets in the Eastern Caribbean.

Since the merger in September 2008, franchisees outside of North America have opened 45 new restaurants and the Company has signed development agreements for more than 400 restaurants over the next 10 years.

“International expansion represents a major long-term growth opportunity for Wendy’s/Arby’s Group and we continue to invest resources to realize this potential,” said Smith. “We’ve made significant development progress over the past year in the Middle East, Singapore, Turkey and Russia, and we anticipate additional development agreements in other international markets.”

Second Quarter 2010 Special Expense Charges

For the second quarter 2010, the Company recorded net pre-tax special charges of approximately $24.6 million ($15.2 million after tax), including integration-related expenses, impairment charges, costs related to refinancing the senior secured credit facility and the related debt repayments, partially offset by income recognized from the collection of the Deerfield Capital Corp. note as the proceeds exceeded the carrying value of the note.

Debt Refinancing

The Company also completed a new $650 million senior secured credit facility in the second quarter 2010, which included a $150 million revolving credit facility and a $500 million term loan. The proceeds from the new term loan were used to repay the outstanding indebtedness under the previously existing senior secured credit facility, the Wendy’s 6.25% senior notes due in 2011, and for expenses related to the new credit facility. The Company recognized a $26.2 million loss on early extinguishment of debt. The new credit facility allowed the Company to take advantage of the favorable credit and interest rate environment and is anticipated to reduce annual interest expense.

Stock Repurchase Program

Since the Board of Directors authorized a stock repurchase program in 2009, the Company has repurchased approximately 52 million shares of common stock for $245 million as of August 6, 2010, at an average price of $4.69 per share. At the close of business on August 6, 2010, the Company had approximately 418 million shares of common stock outstanding. The Company has approximately $80 million authorized and available for additional common stock repurchases as of August 6, 2010. The current common stock repurchase program will remain in effect through January 2, 2011, and will allow the Company to make repurchases as market conditions warrant.

Management to Host Conference Call Today – August 12, 2010

Management will host a conference call with slides to discuss its financial results today (August 12, 2010) at 12:00 p.m. ET. Hosting the call will be Roland Smith, President and Chief Executive Officer; Steve Hare, Chief Financial Officer; and John Barker, Chief Communications Officer.

The conference call can be accessed live over the phone by dialing 877-572-6014 or for international callers by dialing 281-913-8524. A replay will be available two hours after the call and can be accessed by dialing 800-642-1687, or for international callers by dialing 706-645-9291; the conference ID for the replay is 88576117. The replay will be available until midnight ET on Thursday, August 26, 2010.

The conference call and slides will also be webcast live from the investor relations page of the Company’s website at www.wendysarbys.com. The webcast will be archived on the Company’s website at www.wendysarbys.com.

About Wendy’s/Arby’s Group, Inc.

Wendy’s/Arby’s Group, Inc. is the third largest quick-service restaurant company in the United States and includes Wendy’s International, Inc., the franchisor of the Wendy’s restaurant system, and Arby’s Restaurant Group, Inc., the franchisor of the Arby’s restaurant system. The combined restaurant systems include more than 10,000 restaurants in the U.S. and 24 countries and U.S. territories worldwide.

Forward-Looking Statements

This news release contains certain statements that are not historical facts, including, importantly, information concerning possible or assumed future results of operations of Wendy’s/Arby’s Group, Inc. and its subsidiaries (collectively “Wendy’s/Arby’s Group” or the “Company”). Those statements, as well as statements preceded by, followed by, or that include the words “may,” “believes,” “plans,” “expects,” “anticipates,” or the negation thereof, or similar expressions, constitute “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995 (the “Reform Act”). All statements that address future operating, financial or business performance; strategies or expectations; future synergies, efficiencies or overhead savings; anticipated costs or charges; future capitalization; future domestic or international business development; future daypart expansion; and anticipated financial impacts of recent or pending transactions are forward-looking statements within the meaning of the Reform Act. The forward-looking statements are based on our expectations at the time such statements are made, speak only as of the dates they are made and are susceptible to a number of risks, uncertainties and other factors. Our actual results, performance and achievements may differ materially from any future results, performance or achievements expressed or implied by our forward-looking statements. For all of our forward-looking statements, we claim the protection of the safe harbor for forward-looking statements contained in the Reform Act. Many important factors could affect our future results and could cause those results to differ materially from those expressed in, or implied by our forward-looking statements. Such factors, all of which are difficult or impossible to predict accurately, and many of which are beyond our control, include, but are not limited to: (1) changes in the quick-service restaurant industry, such as consumer trends toward value-oriented products and promotions or toward consuming fewer meals away from home; (2) prevailing economic, market and business conditions affecting the Company, including competition from other food service providers, increasing unemployment and decreasing consumer spending; (3) the ability to successfully integrate acquired businesses and to achieve related synergies, cost reductions and operational improvements; (4) cost and availability of capital; (5) cost fluctuations associated with food, supplies, energy, fuel, distribution or labor; (6) the financial condition of our franchisees, with a significant number of Arby’s franchisees and a minimal number of Wendy’s franchisees having experienced declining sales and profitability; (7) conditions beyond the Company’s control such as weather, natural disasters, disease outbreaks, epidemics or pandemics impacting the Company’s customers or food supplies, or acts of war or terrorism; (8) the availability of suitable locations and terms for the development of new restaurants; (9) adoption of new, or changes in, laws, regulations or accounting policies and practices; (10) changes in debt, equity and securities markets; (11) goodwill and long-lived asset impairments; (12) changes in the interest rate environment; and (13) other factors discussed from time to time in the Company’s news releases, public statements and/or filings with the SEC, including those identified in the “Risk Factors” sections of our Annual and Quarterly Reports on Forms 10-K and 10-Q.

All future written and oral forward-looking statements attributable to us or any person acting on our behalf are expressly qualified in their entirety by the cautionary statements contained or referred to above. New risks and uncertainties arise from time to time, and it is impossible for us to predict these events or how they may affect us. We assume no obligation to update any forward-looking statements as a result of new information, future events or developments, except as required by federal securities laws. In addition, it is our policy generally not to make any specific projections as to future earnings, and we do not endorse any projections regarding future performance that may be made by third parties.

Disclosure Regarding Non-GAAP Financial Measures

EBITDA is used by the Company as a performance measure for benchmarking against the Company’s peers and competitors. The Company believes EBITDA is useful to investors because it is frequently used by securities analysts, investors and other interested parties to evaluate companies in the restaurant industry. The Company also uses adjusted EBITDA, which excludes integration-related expenses included within general and administrative expense, expenses for the Strategic Sourcing Group purchasing co-op and facilities relocation and corporate restructuring expenses, as an internal measure of business operating performance. The Company believes adjusted EBITDA provides a meaningful perspective of the underlying operating performance of the Company’s current business. EBITDA and adjusted EBITDA are not recognized terms under U.S. Generally Accepted Accounting Principles (“GAAP”). Because all companies do not calculate EBITDA or similarly titled financial measures in the same way, those measures as used by other companies may not be consistent with the way the Company calculates EBITDA or similarly titled financial measures and should not be considered as alternative measures of operating profit (loss) or net income (loss). Because certain income statement items needed to calculate net income vary significantly, the Company has not provided projections of net income and a reconciliation of projected adjusted EBITDA to net income. The Company’s presentation of EBITDA and adjusted EBITDA is not intended to replace the presentation of the Company’s financial results in accordance with GAAP.

 
Wendy’s/Arby’s Group, Inc. and Subsidiaries
Consolidated Statements of Operations
Second Quarter and Six Month Periods Ended July 4, 2010 and June 28, 2009
 
(In Thousands Except Per Share Amounts)     Second Quarter   Six Months
(Unaudited)       2010       2009       2010       2009  
Revenues:                  
Sales     $ 782,683     $ 816,195     $ 1,530,880     $ 1,589,438  
Franchise revenues       94,338       96,492       183,588       187,233  
        877,021       912,687       1,714,468       1,776,671  
Costs and expenses:                  
Cost of sales       659,084       686,462       1,300,506       1,362,404  
General and administrative       97,512       112,746       207,994       222,624  
Depreciation and amortization       44,944       44,687       91,270       96,349  
Impairment of long-lived assets       2,414       8,700       14,015       15,580  
Facilities relocation and corporate restructuring       -       3,013       -       7,174  
Other operating expense, net       404       572       1,687       2,099  
        804,358       856,180       1,615,472       1,706,230  
Operating profit       72,663       56,507       98,996       70,441  
Interest expense       (34,389 )     (31,065 )     (70,667 )     (53,214 )
Loss on early extinguishment of debt       (26,197 )     -       (26,197 )     -  
Investment income (expense), net       5,049       (2,793 )     5,179       (4,587 )
Other than temporary losses on investments       -       (789 )     -       (3,916 )
Other income (expense), net       1,428       1,581       2,706       (1,016 )
Income before income taxes       18,554       23,441       10,017       7,708  
Provision for income taxes       (7,812 )     (8,549 )     (2,675 )     (3,740 )
Net income     $ 10,742     $ 14,892     $ 7,342     $ 3,968  
                   
                   
Basic and diluted income per share:     $ 0.03     $ 0.03     $ 0.02     $ 0.01  
                   
Number of shares used to calculate basic income per share       425,594       469,614       434,460       469,425  
Number of shares used to calculate diluted income per share       426,567       471,153       435,528       471,499  
      July 4, 2010   January 3, 2010
Balance Sheet Data:     (Unaudited)   (Audited)
Cash and cash equivalents     $ 508,380   $ 591,719
Total assets       4,839,700     4,975,416
Long-term debt       1,556,623     1,500,784
Total equity       2,168,484     2,336,339
   
  Wendy’s/Arby’s Group, Inc. and Subsidiaries
  Calculation and Comparison of EBITDA and a Reconciliation of EBITDA to Net Income
   
  (In Thousands) Second Quarter   Six Months
  (Unaudited)   2010       2009       2010       2009  
  EBITDA $ 120,021     $ 109,894     $ 204,281     $ 182,370  
  Depreciation and amortization   (44,944 )     (44,687 )     (91,270 )     (96,349 )
  Impairment of long-lived assets   (2,414 )     (8,700 )     (14,015 )     (15,580 )
  Operating profit   72,663       56,507       98,996       70,441  
  Interest expense   (34,389 )     (31,065 )     (70,667 )     (53,214 )
  Loss on early extinguishment of debt   (26,197 )     -       (26,197 )     -  
  Investment income (expense), net   5,049       (2,793 )     5,179       (4,587 )
  Other than temporary losses on investments   -       (789 )     -       (3,916 )
  Other income (expense), net   1,428       1,581       2,706       (1,016 )
  Income before income taxes   18,554       23,441       10,017       7,708  
  Provision for income taxes   (7,812 )     (8,549 )     (2,675 )     (3,740 )
  Net income $ 10,742     $ 14,892     $ 7,342     $ 3,968  
 
Reconciliation of EBITDA to Adjusted EBITDA
 
(In Thousands) Second Quarter   Six Months
(Unaudited)   2010       2009     2010       2009
EBITDA $ 120,021     $ 109,894   $ 204,281     $ 182,370
Plus:                          
Integration costs in general and administrative (G&A)   856       4,266     3,750       7,917
SSG purchasing cooperative expense in G&A   -       -     4,900       -
Facilities relocation and corporate restructuring   -       3,013     -       7,174
Adjusted EBITDA $ 120,877     $ 117,173   $ 212,931     $ 197,461
               
Adjusted EBITDA Growth %   3.2 %         7.8 %    
 
Wendy’s/Arby’s Group, Inc. and Subsidiaries
Selected Brand Financial Highlights
 
Wendy’s (Unaudited)     Second Quarter   Six Months
        2010       2009       2010       2009  
North America systemwide same-store sales       -1.7 %     -0.4 %     -0.5 %     0.3 %
                   
Revenues: (In Thousands)                  
Sales     $ 532,411     $ 539,123     $ 1,045,158     $ 1,046,126  
Franchise revenues       75,023       76,055       146,990       147,293  
      $ 607,434     $ 615,178     $ 1,192,148     $ 1,193,419  
                   
Restaurant margin %       16.4 %     15.9 %     15.9 %     13.6 %
               
Restaurant count:     Company-operated   Franchised   Systemwide
Restaurant count at April 4, 2010     1,390   5,150   6,540
Opened     3   14   17
Closed     -   (11)   (11)
(Sold)/Acquired     (2)   2   -
Restaurant count at July 4, 2010     1,391   5,155   6,546
           
Arby’s (Unaudited)     Second Quarter   Six Months
        2010       2009       2010       2009  
North America systemwide same-store sales       -7.4 %     -6.9 %     -9.4 %     -7.5 %
                   
Revenues: (In Thousands)                  
Sales     $ 250,272     $ 277,072     $ 485,722     $ 543,312  
Franchise revenues       19,315       20,437       36,598       39,940  
      $ 269,587     $ 297,509     $ 522,320     $ 583,252  
                   
Restaurant margin %       13.4 %     14.9 %     12.1 %     14.6 %
               
Restaurant count:     Company-operated   Franchised   Systemwide
Restaurant count at April 4, 2010     1,155   2,544   3,699
Opened     -   14   14
Closed     (3)   (25)   (28)
Restaurant count at July 4, 2010     1,152   2,533   3,685
 
Wendy’s/Arby’s Group, Inc. and Subsidiaries
Calculation of EBITDA and a Reconciliation of EBITDA to Net Income
     
(In Thousands)     2009  
(Unaudited)   53 weeks
EBITDA   $ 384,359  
Depreciation and amortization     (190,251 )
Impairment of long-lived assets     (82,132 )
Operating profit     111,976  
Interest expense     (126,708 )
Investment expense, net     (3,008 )
Other than temporary losses on investments     (3,916 )
Other income, net     1,523  
Loss from continuing operations before income taxes     (20,133 )
Benefit from income taxes     23,649  
Income from continuing operations     3,516  
Income from discontinued operations, net of income taxes     1,546  
Net income   $ 5,062  
 
Reconciliation of EBITDA to Adjusted EBITDA (53 weeks) and Normalized (52 weeks) EBITDA
 
(In Thousands)    
(Unaudited)     2009  
EBITDA – 53 weeks   $ 384,359  
Plus:Integration costs in general and administrative (G&A)     16,598  
Wendy’s purchasing co-op start-up costs in G&A     15,500  
Facilities relocation and corporate restructuring     11,024  
Pension withdrawal expense in cost of sales     4,975  
Benefit from vacation policy standardization in G&A     (3,339 )
Benefit from vacation policy standardization in cost of sales     (3,925 )
Adjusted EBITDA – 53 weeks   $ 425,192  
     
Less:    
53rd Week effect on fiscal year EBITDA     (13,600 )
Normalized 52 weeks adjusted EBITDA   $ 411,592  

1 See reconciliation of adjusted EBITDA (earnings before interest, taxes, depreciation and amortization), a non-GAAP measure, to GAAP results detailed on page 7.

EPL Intermediate, Inc. (“El Pollo Loco” or the “Company”), parent company of El Pollo Loco, Inc., today reported results for the 13-week second quarter and 26 weeks ended June 30, 2010.

El Pollo Loco reported total operating revenue for the 13-week period ended June 30, 2010 of $71.2 million, which is a decrease of $1.4 million, or 2.0%, compared to total operating revenue for the 13-week period ended July 1, 2009 of $72.7 million. Total operating revenue includes restaurant sales from company-operated stores and franchise revenue.

The decrease in total operating revenue was primarily attributed to a 4.9% decrease in system-wide same-store sales for the 13-week second quarter of 2010 compared to the 13-week second quarter of 2009. Restaurants enter the comparable restaurant base for same-store sales the first full week after that restaurant’s 15-month anniversary.

Commenting on results for the second quarter of 2010, Stephen E. Carley, president and CEO of El Pollo Loco, Inc. said, “Our sales continue to be negatively impacted by the high rate of unemployment in our core markets and the increased frugality we continue to observe among consumers dining out. We expect the adverse economic conditions to continue through the second half of 2010 and possibly into 2011.”

“Our marketing initiatives during the second quarter included our ‘Free $5.00 Loco Cash Card with the Purchase of Any Family Meal’ promotion which began in mid-March and helped to drive more families into our restaurants. In May, we continued our commitment to bold flavor and flame-grilling with the introduction of two premium flame-grilled chicken sandwiches, our Guacamole Chicken Sandwich and a Jalapeno Chicken Sandwich. Together, these quality whole muscle breast fillet sandwiches exceeded our sales mix expectations.”

Operating income increased $3.1 million, or 74.9%, to $7.2 million for the 13 weeks ended June 30, 2010 from $4.1 million for the same period of 2009. This increase in operating income was mainly due to a decrease in legal settlements of $3.0 million and a decrease in product cost of $1.4 million, which were partially offset by the lower revenue mentioned above and a $1.3 million asset impairment charge for one underperforming restaurant that will continue to operate.

Interest expense, net of interest income, increased $0.8 million, or 10.3%, to $9.2 million for the second quarter of 2010 from $8.4 million for the second quarter of 2009. This increase was mainly due to the May of 2009 issuance of $132.5 million aggregate principal amount of 11¾% senior secured notes.

Despite having a loss for the thirteen weeks ended June 30, 2010, we had an income tax provision of $0.03 million primarily related to the effect of changes in our deferred taxes and the related effect of maintaining a full valuation allowance against certain of our deferred tax assets as of June 30, 2010. For the thirteen weeks ended July 1, 2009, we had an income tax provision of $19.6 million as we recorded a valuation allowance against our deferred tax assets.

As a result of the factors cited above, there was a net loss for the 13 weeks ended June 30, 2010 of $2.0 million compared to a net loss of $24.5 million for the same 13 weeks of 2009.

Total operating revenue for the 26 weeks ended June 30, 2010 was $139.2 million, which was a decrease of $4.1 million, or 2.8%, from total operating revenue for the 26 weeks ended July 1, 2009 of $143.3 million. The decrease was primarily due to a decrease in same-store sales for the system of 5.7% for the 26 weeks ended June 30, 2010 compared to the corresponding period of 2009.

Operating income increased $3.4 million, or 41.7%, to $11.6 million for the 26 weeks ended June 30, 2010 from $8.2 million for the same period of 2009. This increase in operating income was primarily due to a decrease in legal settlements of $2.9 million and a decrease in product cost of $2.6 million, which was partially offset by the lower revenue discussed above.

Despite having a loss for the 26 weeks ended June 30, 2010, we had an income tax provision of $0.8 million, primarily related to the effect of changes in our deferred taxes and the related effect of maintaining a full valuation allowance against certain of our deferred tax assets as of June 30, 2010. For the 26 weeks ended July 1, 2009, we had an income tax provision of $19.5 million as we recorded a valuation allowance against our deferred tax assets.

As a result of the factors noted above, the company had a net loss for the 26 weeks ended June 30, 2010 of $7.7 million compared to a net loss of $25.8 million for the 26 weeks ended July 1, 2009.

Commenting on the remainder of 2010, Carley said, “While the economy continues to pose challenges, we are not standing by waiting for conditions to improve. We are aligning our entire team around our grills as our point of differentiation and sharpening our focus on providing value to our guests while protecting profitability with: new menu items that leverage our flame-grilling expertise; greater choice now that we serve both chicken and steak; our Loco Value Menu; and compelling family meal offers.”

El Pollo Loco’s restaurant count changes for the 13 weeks ended June 30, 2010 are as follows:

    Company   Franchised Stores   Total
At March 31, 2010   171   241   412
Opened   -   1   1
Closed   -   (1)   (1)
At June 30, 2010   171   241   412
             

Addressing the Company’s plans, Mr. Carley said, “As we shared earlier this year, we expect to open fewer restaurants this year than last, due in part to the continued difficulty franchisees are having securing financing in this tough environment and the impact that the challenging economy has had on our franchisees, several of whom have delayed or reduced the number of new restaurants they plan to open. One new franchise restaurant opened in Big Bear, CA during the second quarter of 2010 and one franchise restaurant in Santa Cruz, CA closed during this timeframe. Since the close of the second quarter, one additional new franchise restaurant opened in San Diego, CA.

“We plan to open two company stores later this and expect our franchisees to open one more restaurant before the end of the year. These restaurants will be located in areas where El Pollo Loco already has a presence.”

System-wide Sales

Included above is system-wide same-store sales information. System-wide sales are a financial measure that includes sales at all company-owned stores and franchise-owned stores, as reported by franchisees. Management uses system-wide sales information internally in connection with store development decisions, planning and budgeting analyses. Management believes system-wide sales information is useful in assessing consumer acceptance of the Company’s brand and facilitates an understanding of financial performance as the Company’s franchisees pay royalties and contribute to advertising pools based on a percentage of their sales.

Safe Harbor Statement

This news release may be deemed to contain forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. The Company intends that all such statements be subject to the safe harbor provisions contained in those sections. Forward-looking statements are statements that do not relate solely to historical fact. They include, but are not limited to, statements such as “we expect the adverse economic conditions to continue through the second half of 2010 and possibly into 2011,” “we expect to open fewer restaurants this year than last,” and “we plan to open two company stores later this year and expect our franchisees to open one more restaurant before the end of the year,” and any other statements that may predict, forecast, indicate or imply future results, performance, achievements or events. Forward-looking statements generally contain words such as “believe,” “anticipate,” “expect,” “estimate,” “intend,” “project,” “plan,” “will,” “should,” “may,” “could” or words or phrases of similar meaning. Forward-looking statements reflect management’s current expectations regarding future results, performance, achievements or events that involve risks and uncertainties. Readers are cautioned that these forward-looking statements are only predictions and many important factors, including factors outside of the control of the Company, could cause actual results, performance, achievements or events to differ materially from those discussed in the forward-looking statements. Factors that could cause actual results to differ materially from those expressed or implied by the forward-looking statements include but are not limited to: the adverse impact of economic conditions on our operating results and financial condition, on our ability to comply with the terms and covenants of our debt agreements, and on our ability to pay or to refinance our existing debt or to obtain additional financing; our substantial level of indebtedness; food-borne-illness incidents; negative publicity, whether or not valid; increases in the cost of chicken; our dependence upon frequent deliveries of food and other supplies; our vulnerability to changes in consumer preferences and economic conditions; our sensitivity to events and conditions in the Southern California area, our largest market; our ability to compete successfully with other quick service and fast casual restaurants; our ability to expand into new markets; our reliance on our franchisees, who have also been adversely impacted by the recession; matters relating to labor laws and the adverse impact of related litigation, including wage and hour class actions; our ability to support our franchise system; our ability to renew leases at the end of their term; the impact of applicable federal, state or local government regulations; our ability to protect our name and logo and other proprietary information; litigation we face in connection with our operations; and other risk factors listed from time to time in the Company’s reports filed with the Securities and Exchange Commission. Although the Company believes that the assumptions underlying the forward-looking statements are reasonable, any of the assumptions could prove inaccurate and, therefore, the Company cannot assure the reader that the results, performance, achievements or events contemplated by the forward-looking statements will be realized in the timeframe anticipated or at all. In light of the significant uncertainties inherent in forward-looking statements included herein, the inclusion of such information should not be regarded as a representation by the Company or any other person that the Company’s objectives or plans will be achieved. Accordingly, readers are cautioned not to place undue reliance on such forward-looking statements. The Company undertakes no obligation to publicly update or revise any forward-looking statement, whether as the result of new information, future events or otherwise. The financial information contained in this release should be read in conjunction with the consolidated financial statements and notes thereto included in the Company’s most recent annual report on Form 10-K and subsequent quarterly reports on Form 10-Q, as each may be amended from time to time. Statements about the Company’s past performance are not necessarily indicative of its future results.

About the Company

El Pollo Loco® is the nation’s leading restaurant concept specializing in flame-grilled chicken. Headquartered in Costa Mesa, California, El Pollo Loco, Inc. operates a restaurant system comprised of 171 company-operated and 241 franchised restaurants (as of June 30, 2010) located primarily in California, with additional restaurants in Arizona, Colorado, Connecticut, Georgia, Illinois, Missouri, Nevada, New Jersey, Oregon, Texas, Utah and Virginia. El Pollo Loco’s menu features the Company’s signature citrus-marinated, flame-grilled chicken in individual and family-size meals served with a choice of corn or flour tortillas, freshly-prepared salsas and an assortment of side orders. El Pollo Loco also serves a variety of contemporary, Mexican-inspired entrees featuring the chain’s citrus-marinated, flame-grilled chicken and Carne Asada-style Sirloin steak, including Pollo Bowl® entrees, pollo salads, grilled burritos, tacos, quesadillas and more. For more information about the Company, visit www.elpolloloco.com.

 
Summary Financial Information
 
EPL INTERMEDIATE, INC.
(A Wholly Owned Subsidiary of El Pollo Loco Holdings, Inc.)
 
CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS (UNAUDITED)
(Amounts in thousands)
             
    13 Weeks Ended     26 Weeks Ended  
                         
    July 1,   June 30,   July 1,   June 30,
    2009   2010   2009   2010
OPERATING REVENUE:                        
Restaurant revenue   $ 67,779     $ 66,512     $ 133,704     $ 129,930  
Franchise revenue     4,885       4,723       9,593       9,297  
                                 
Total operating revenue     72,664       71,235       143,297       139,227  
                                 
OPERATING EXPENSES:                                
Product cost     22,199       20,769       43,160       40,546  
Payroll and benefits     18,082       17,378       35,770       34,907  
Depreciation and amortization     2,806       2,612       5,636       5,194  
Other operating expenses     25,437       23,235       50,546       46,986  
                                 
Total operating expenses     68,524       63,994       135,112       127,633  
                                 
OPERATING INCOME     4,140       7,241       8,185       11,594  
                                 
INTEREST EXPENSE—Net     8,382       9,243       14,426       18,475  
                                 
OTHER EXPENSE     646       -       443       -  
                                 
OTHER INCOME     -       -       (452 )     -  
                                 
LOSS BEFORE PROVISION FOR INCOME TAXES     (4,888 )     (2,002 )     (6,232 )     (6,881 )
                                 
PROVISION FOR INCOME TAXES     19,609       29       19,542       773  
                                 
NET LOSS   $ (24,497 )   $ (2,031 )   $ (25,774 )   $ (7,654 )
                                 
         
    13 Weeks Ended   26 Weeks Ended
    July 1,   June 30,   July 1,   June 30,
    2009   2010   2009   2010
                 
Operating Statement Data:                
Restaurant revenue   100.0 %   100.0 %   100.0 %   100.0 %
Product cost   32.8     31.2     32.3     31.2  
Payroll and benefits   26.7     26.1     26.8     26.9  
Depreciation and amortization   4.1     3.9     4.2     4.0  
Other operating expenses   37.5     34.9     37.8     36.2  
Operating income   6.1     10.9     6.1     8.9  
Interest expense-net   12.4     13.9     10.8     14.2  
                 
Other expense   1.0     0.0     0.3     0.0  
Other income   0.0     0.0     (0.3 )   0.0  
                 
Loss before provision for income taxes   (7.2 )   (3.0 )   (4.7 )   (5.3 )
Provision for income taxes   28.9     0.0     14.6     0.6  
Net loss   (36.1 )   (3.1 )   (19.3 )   (5.9 )
                         
Supplementary Operating Statement Data:            
Restaurant other operating expense   23.5     22.9     23.1     23.8  
Franchise expense   1.4     1.4     1.5     1.5  
General and administrative expense (1) (2)   12.6     10.6     13.2     10.9  
Total other operating expenses   37.5     34.9     37.8     36.2  
                         

(1) General and administrative expenses as a percent of total operating revenue for the 13 weeks ended July 1, 2009 was 11.8% and 9.9% for the 13 weeks ended June 30, 2010.

(2) General and administrative expenses as a percent of total operating revenue for the 26 weeks ended July 1, 2009 was 12.3% and 10.1% for the 26 weeks ended June 30, 2010.

EPL Intermediate, Inc. (“El Pollo Loco” or the “Company”), parent company of El Pollo Loco, Inc., today reported results for the 13-week second quarter and 26 weeks ended June 30, 2010.

El Pollo Loco reported total operating revenue for the 13-week period ended June 30, 2010 of $71.2 million, which is a decrease of $1.4 million, or 2.0%, compared to total operating revenue for the 13-week period ended July 1, 2009 of $72.7 million. Total operating revenue includes restaurant sales from company-operated stores and franchise revenue.

The decrease in total operating revenue was primarily attributed to a 4.9% decrease in system-wide same-store sales for the 13-week second quarter of 2010 compared to the 13-week second quarter of 2009. Restaurants enter the comparable restaurant base for same-store sales the first full week after that restaurant’s 15-month anniversary.

Commenting on results for the second quarter of 2010, Stephen E. Carley, president and CEO of El Pollo Loco, Inc. said, “Our sales continue to be negatively impacted by the high rate of unemployment in our core markets and the increased frugality we continue to observe among consumers dining out. We expect the adverse economic conditions to continue through the second half of 2010 and possibly into 2011.”

“Our marketing initiatives during the second quarter included our ‘Free $5.00 Loco Cash Card with the Purchase of Any Family Meal’ promotion which began in mid-March and helped to drive more families into our restaurants. In May, we continued our commitment to bold flavor and flame-grilling with the introduction of two premium flame-grilled chicken sandwiches, our Guacamole Chicken Sandwich and a Jalapeno Chicken Sandwich. Together, these quality whole muscle breast fillet sandwiches exceeded our sales mix expectations.”

Operating income increased $3.1 million, or 74.9%, to $7.2 million for the 13 weeks ended June 30, 2010 from $4.1 million for the same period of 2009. This increase in operating income was mainly due to a decrease in legal settlements of $3.0 million and a decrease in product cost of $1.4 million, which were partially offset by the lower revenue mentioned above and a $1.3 million asset impairment charge for one underperforming restaurant that will continue to operate.

Interest expense, net of interest income, increased $0.8 million, or 10.3%, to $9.2 million for the second quarter of 2010 from $8.4 million for the second quarter of 2009. This increase was mainly due to the May of 2009 issuance of $132.5 million aggregate principal amount of 11¾% senior secured notes.

Despite having a loss for the thirteen weeks ended June 30, 2010, we had an income tax provision of $0.03 million primarily related to the effect of changes in our deferred taxes and the related effect of maintaining a full valuation allowance against certain of our deferred tax assets as of June 30, 2010. For the thirteen weeks ended July 1, 2009, we had an income tax provision of $19.6 million as we recorded a valuation allowance against our deferred tax assets.

As a result of the factors cited above, there was a net loss for the 13 weeks ended June 30, 2010 of $2.0 million compared to a net loss of $24.5 million for the same 13 weeks of 2009.

Total operating revenue for the 26 weeks ended June 30, 2010 was $139.2 million, which was a decrease of $4.1 million, or 2.8%, from total operating revenue for the 26 weeks ended July 1, 2009 of $143.3 million. The decrease was primarily due to a decrease in same-store sales for the system of 5.7% for the 26 weeks ended June 30, 2010 compared to the corresponding period of 2009.

Operating income increased $3.4 million, or 41.7%, to $11.6 million for the 26 weeks ended June 30, 2010 from $8.2 million for the same period of 2009. This increase in operating income was primarily due to a decrease in legal settlements of $2.9 million and a decrease in product cost of $2.6 million, which was partially offset by the lower revenue discussed above.

Despite having a loss for the 26 weeks ended June 30, 2010, we had an income tax provision of $0.8 million, primarily related to the effect of changes in our deferred taxes and the related effect of maintaining a full valuation allowance against certain of our deferred tax assets as of June 30, 2010. For the 26 weeks ended July 1, 2009, we had an income tax provision of $19.5 million as we recorded a valuation allowance against our deferred tax assets.

As a result of the factors noted above, the company had a net loss for the 26 weeks ended June 30, 2010 of $7.7 million compared to a net loss of $25.8 million for the 26 weeks ended July 1, 2009.

Commenting on the remainder of 2010, Carley said, “While the economy continues to pose challenges, we are not standing by waiting for conditions to improve. We are aligning our entire team around our grills as our point of differentiation and sharpening our focus on providing value to our guests while protecting profitability with: new menu items that leverage our flame-grilling expertise; greater choice now that we serve both chicken and steak; our Loco Value Menu; and compelling family meal offers.”

El Pollo Loco’s restaurant count changes for the 13 weeks ended June 30, 2010 are as follows:

    Company   Franchised Stores   Total
At March 31, 2010   171   241   412
Opened   -   1   1
Closed   -   (1)   (1)
At June 30, 2010   171   241   412
             

Addressing the Company’s plans, Mr. Carley said, “As we shared earlier this year, we expect to open fewer restaurants this year than last, due in part to the continued difficulty franchisees are having securing financing in this tough environment and the impact that the challenging economy has had on our franchisees, several of whom have delayed or reduced the number of new restaurants they plan to open. One new franchise restaurant opened in Big Bear, CA during the second quarter of 2010 and one franchise restaurant in Santa Cruz, CA closed during this timeframe. Since the close of the second quarter, one additional new franchise restaurant opened in San Diego, CA.

“We plan to open two company stores later this and expect our franchisees to open one more restaurant before the end of the year. These restaurants will be located in areas where El Pollo Loco already has a presence.”

System-wide Sales

Included above is system-wide same-store sales information. System-wide sales are a financial measure that includes sales at all company-owned stores and franchise-owned stores, as reported by franchisees. Management uses system-wide sales information internally in connection with store development decisions, planning and budgeting analyses. Management believes system-wide sales information is useful in assessing consumer acceptance of the Company’s brand and facilitates an understanding of financial performance as the Company’s franchisees pay royalties and contribute to advertising pools based on a percentage of their sales.

Safe Harbor Statement

This news release may be deemed to contain forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. The Company intends that all such statements be subject to the safe harbor provisions contained in those sections. Forward-looking statements are statements that do not relate solely to historical fact. They include, but are not limited to, statements such as “we expect the adverse economic conditions to continue through the second half of 2010 and possibly into 2011,” “we expect to open fewer restaurants this year than last,” and “we plan to open two company stores later this year and expect our franchisees to open one more restaurant before the end of the year,” and any other statements that may predict, forecast, indicate or imply future results, performance, achievements or events. Forward-looking statements generally contain words such as “believe,” “anticipate,” “expect,” “estimate,” “intend,” “project,” “plan,” “will,” “should,” “may,” “could” or words or phrases of similar meaning. Forward-looking statements reflect management’s current expectations regarding future results, performance, achievements or events that involve risks and uncertainties. Readers are cautioned that these forward-looking statements are only predictions and many important factors, including factors outside of the control of the Company, could cause actual results, performance, achievements or events to differ materially from those discussed in the forward-looking statements. Factors that could cause actual results to differ materially from those expressed or implied by the forward-looking statements include but are not limited to: the adverse impact of economic conditions on our operating results and financial condition, on our ability to comply with the terms and covenants of our debt agreements, and on our ability to pay or to refinance our existing debt or to obtain additional financing; our substantial level of indebtedness; food-borne-illness incidents; negative publicity, whether or not valid; increases in the cost of chicken; our dependence upon frequent deliveries of food and other supplies; our vulnerability to changes in consumer preferences and economic conditions; our sensitivity to events and conditions in the Southern California area, our largest market; our ability to compete successfully with other quick service and fast casual restaurants; our ability to expand into new markets; our reliance on our franchisees, who have also been adversely impacted by the recession; matters relating to labor laws and the adverse impact of related litigation, including wage and hour class actions; our ability to support our franchise system; our ability to renew leases at the end of their term; the impact of applicable federal, state or local government regulations; our ability to protect our name and logo and other proprietary information; litigation we face in connection with our operations; and other risk factors listed from time to time in the Company’s reports filed with the Securities and Exchange Commission. Although the Company believes that the assumptions underlying the forward-looking statements are reasonable, any of the assumptions could prove inaccurate and, therefore, the Company cannot assure the reader that the results, performance, achievements or events contemplated by the forward-looking statements will be realized in the timeframe anticipated or at all. In light of the significant uncertainties inherent in forward-looking statements included herein, the inclusion of such information should not be regarded as a representation by the Company or any other person that the Company’s objectives or plans will be achieved. Accordingly, readers are cautioned not to place undue reliance on such forward-looking statements. The Company undertakes no obligation to publicly update or revise any forward-looking statement, whether as the result of new information, future events or otherwise. The financial information contained in this release should be read in conjunction with the consolidated financial statements and notes thereto included in the Company’s most recent annual report on Form 10-K and subsequent quarterly reports on Form 10-Q, as each may be amended from time to time. Statements about the Company’s past performance are not necessarily indicative of its future results.

About the Company

El Pollo Loco® is the nation’s leading restaurant concept specializing in flame-grilled chicken. Headquartered in Costa Mesa, California, El Pollo Loco, Inc. operates a restaurant system comprised of 171 company-operated and 241 franchised restaurants (as of June 30, 2010) located primarily in California, with additional restaurants in Arizona, Colorado, Connecticut, Georgia, Illinois, Missouri, Nevada, New Jersey, Oregon, Texas, Utah and Virginia. El Pollo Loco’s menu features the Company’s signature citrus-marinated, flame-grilled chicken in individual and family-size meals served with a choice of corn or flour tortillas, freshly-prepared salsas and an assortment of side orders. El Pollo Loco also serves a variety of contemporary, Mexican-inspired entrees featuring the chain’s citrus-marinated, flame-grilled chicken and Carne Asada-style Sirloin steak, including Pollo Bowl® entrees, pollo salads, grilled burritos, tacos, quesadillas and more. For more information about the Company, visit www.elpolloloco.com.

 
Summary Financial Information
 
EPL INTERMEDIATE, INC.
(A Wholly Owned Subsidiary of El Pollo Loco Holdings, Inc.)
 
CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS (UNAUDITED)
(Amounts in thousands)
             
    13 Weeks Ended     26 Weeks Ended  
                         
    July 1,   June 30,   July 1,   June 30,
    2009   2010   2009   2010
OPERATING REVENUE:                        
Restaurant revenue   $ 67,779     $ 66,512     $ 133,704     $ 129,930  
Franchise revenue     4,885       4,723       9,593       9,297  
                                 
Total operating revenue     72,664       71,235       143,297       139,227  
                                 
OPERATING EXPENSES:                                
Product cost     22,199       20,769       43,160       40,546  
Payroll and benefits     18,082       17,378       35,770       34,907  
Depreciation and amortization     2,806       2,612       5,636       5,194  
Other operating expenses     25,437       23,235       50,546       46,986  
                                 
Total operating expenses     68,524       63,994       135,112       127,633  
                                 
OPERATING INCOME     4,140       7,241       8,185       11,594  
                                 
INTEREST EXPENSE—Net     8,382       9,243       14,426       18,475  
                                 
OTHER EXPENSE     646       -       443       -  
                                 
OTHER INCOME     -       -       (452 )     -  
                                 
LOSS BEFORE PROVISION FOR INCOME TAXES     (4,888 )     (2,002 )     (6,232 )     (6,881 )
                                 
PROVISION FOR INCOME TAXES     19,609       29       19,542       773  
                                 
NET LOSS   $ (24,497 )   $ (2,031 )   $ (25,774 )   $ (7,654 )
                                 
         
    13 Weeks Ended   26 Weeks Ended
    July 1,   June 30,   July 1,   June 30,
    2009   2010   2009   2010
                 
Operating Statement Data:                
Restaurant revenue   100.0 %   100.0 %   100.0 %   100.0 %
Product cost   32.8     31.2     32.3     31.2  
Payroll and benefits   26.7     26.1     26.8     26.9  
Depreciation and amortization   4.1     3.9     4.2     4.0  
Other operating expenses   37.5     34.9     37.8     36.2  
Operating income   6.1     10.9     6.1     8.9  
Interest expense-net   12.4     13.9     10.8     14.2  
                 
Other expense   1.0     0.0     0.3     0.0  
Other income   0.0     0.0     (0.3 )   0.0  
                 
Loss before provision for income taxes   (7.2 )   (3.0 )   (4.7 )   (5.3 )
Provision for income taxes   28.9     0.0     14.6     0.6  
Net loss   (36.1 )   (3.1 )   (19.3 )   (5.9 )
                         
Supplementary Operating Statement Data:            
Restaurant other operating expense   23.5     22.9     23.1     23.8  
Franchise expense   1.4     1.4     1.5     1.5  
General and administrative expense (1) (2)   12.6     10.6     13.2     10.9  
Total other operating expenses   37.5     34.9     37.8     36.2  
                         

(1) General and administrative expenses as a percent of total operating revenue for the 13 weeks ended July 1, 2009 was 11.8% and 9.9% for the 13 weeks ended June 30, 2010.

(2) General and administrative expenses as a percent of total operating revenue for the 26 weeks ended July 1, 2009 was 12.3% and 10.1% for the 26 weeks ended June 30, 2010.

Red Robin Gourmet Burgers, Inc., (NASDAQ: RRGB), a casual dining restaurant chain focused on serving an innovative selection of high-quality gourmet burgers in a family-friendly atmosphere, today reported financial results for the 12 weeks ended July 11, 2010.

Financial and Operational Results

Results for the 12 weeks ended July 11, 2010, compared to the 12 weeks ended July 12, 2009, are as follows:

  • Restaurant revenue of $198.0 million was unchanged from the prior year.
  • Company-owned comparable restaurant sales decreased 1.2% and guest counts increased 0.9%.
  • Restaurant-level operating profit decreased 7.0% to $36.2 million.
  • Selling, general and administrative expenses included a $3.3 million investment in the Company’s TV media campaign, which contributed to the improvement in guest counts during the quarter.
  • GAAP diluted earnings per share were $0.28 vs. $0.41 in the fiscal second quarter a year ago.
  • One new company-owned Red Robin® restaurant and two franchised restaurants opened during the fiscal second quarter 2010.

As of the end of the fiscal second quarter 2010, there were 309 company-owned and 134 franchised Red Robin® restaurants.

“We are encouraged by the strengthening of our same store sales and the positive impact that our limited time offer promotions and TV media support are having on our brand awareness and Guest traffic,” said Dennis Mullen, Red Robin Gourmet Burgers, Inc.’s chief executive officer. “Our business trends are benefiting from our Team Members’ hard work and commitment to making connections with our guests and our focus on Red Robin quality, variety and value.”

Fiscal Second Quarter 2010 Results

Comparable restaurant sales decreased 1.2% for company-owned restaurants in the fiscal second quarter of 2010 compared to an 11.5% decrease in the fiscal second quarter of 2009. Results in the quarter were driven by a 0.9% increase in guest counts and a 2.1% decrease in the average guest check, which included the impact of limited time offer (LTO) price promotions in the quarter. Fiscal second quarter 2010 comparable restaurant sales also reflected a sequential improvement from the Company’s comparable restaurant sales decrease of 2.3% reported in the fiscal first quarter of 2010, the decrease of 10.5% reported in the fiscal fourth quarter of 2009 and the decrease of 14.9% reported in the fiscal third quarter of 2009.

Average weekly comparable sales from the 290 company-owned comparable restaurants were $54,549 in the fiscal second quarter of 2010, compared to $56,335 for the 245 company-owned comparable restaurants in the fiscal second quarter of 2009. Average weekly sales for the 19 non-comparable company-owned restaurants were $58,449 in the fiscal second quarter of 2010, compared to $56,053 for the 44 non-comparable restaurants in the fiscal second quarter a year ago. For all company-owned restaurants, average weekly sales were $54,786 from the 3,705 operating weeks in the fiscal second quarter of 2010 compared to $55,973 from the 3,619 operating weeks in the fiscal second quarter of 2009.

In the fiscal second quarter of 2010, the Company’s results were negatively impacted by continued lower restaurant sales in California and Arizona, which have been more heavily impacted by macroeconomic factors. Excluding the impact from the Company’s 72 comparable restaurants in these markets, comparable restaurant sales would have been about 1.5% higher or up approximately 0.3% compared to the fiscal second quarter of 2009. The Company’s comparable guest counts excluding the negative 1.6% impact from its restaurants in California and Arizona would have been a positive 2.5% compared to the fiscal second quarter of 2009. The 72 comparable restaurants in California and Arizona represented 25% of the Company’s total company-owned comparable restaurants in the fiscal second quarter of 2010.

Total company revenues, which include company-owned restaurant sales, franchise royalties and fees and other revenue, increased slightly to $201.3 million in the fiscal second quarter of 2010, from $201.1 million in the fiscal second quarter of 2009. Franchise royalties and fees increased to $3.1 million or 1.4% in the fiscal second quarter of 2010 compared to the same period a year ago.

For the fiscal second quarter of 2010, the Company’s total U.S. franchise restaurant sales of $70.0 million increased slightly from $69.2 million in the prior year period. Comparable sales in the fiscal second quarter of 2010 for franchise restaurants in the U.S. decreased 2.0% and for franchise restaurants in Canada increased 0.8% from the fiscal second quarter of 2009. Average weekly comparable sales for the U.S. franchised restaurants were $50,622 from the 109 comparable restaurants in the fiscal second quarter of 2010, compared to $51,970 from the 100 comparable restaurants in the fiscal second quarter of 2009. Average weekly sales in the fiscal second quarter of 2010 for the Company’s 18 comparable franchise restaurants in Canada were C$54,380 versus C$52,977 in the same period last year. Canadian results are in Canadian dollars.

Selling, general and administrative expenses were $20.0 million in the fiscal second quarter of 2010 and $18.5 million in the fiscal second quarter of 2009, which were 9.9% and 9.2% of total revenue, respectively. Included in the fiscal second quarter of 2010 was a $3.3 million investment in the Company’s television media campaign compared to $1.2 million in the fiscal second quarter of 2009, as well as board of directors and governance-related expenses, offset by lower performance-based bonus expense. Beginning in the fiscal second quarter of 2010, franchisees contributed an additional 1.25% of their revenue to the national cable television advertising fund.

Net interest expense was $1.3 million in the fiscal second quarter of 2010 and $1.6 million in the fiscal second quarter of 2009.

Net income for the fiscal second quarter of 2010 was $4.3 million or $0.28 per diluted share, compared to net income of $6.4 million, or $0.41 per diluted share, in the fiscal second quarter of 2009.

For the fiscal second quarter of 2010, the Company’s effective tax rate was 9.1% compared to an effective tax rate of 23.2% in the fiscal second quarter of 2009. The decrease is primarily due to more favorable general business and tax credits, primarily the FICA Tip Tax Credit, which as a percent of current year income before tax did not change at the same rate as the change in taxable income. The Company anticipates that the effective tax rate for the full fiscal year 2010 will be approximately 13.6%.

Schedule I of this earnings release defines restaurant-level operating profit and reconciles this metric to income from operations and net income for all periods presented. The Company’s restaurant-level operating profit metric is designed to afford management and investors with a basis for considering and comparing restaurant performance. It is not calculated in conformity with generally accepted accounting principles (“GAAP”). It is intended to supplement, rather than replace GAAP results. Restaurant-level operating profit is useful to management and to the Company’s investors because it is widely regarded in the restaurant industry as a useful metric by which to evaluate restaurant-level operating efficiency and performance.

Balance Sheet and Liquidity

On July 11, 2010, the Company held $11.9 million in cash and cash equivalents and had a total outstanding debt balance of $163.9 million, including $108.7 million of borrowings under its $150 million term loan, $46.9 million of borrowings under its $150 million revolving credit facility and $8.3 million outstanding for capital leases. The Company has also issued $6.2 million of outstanding letters of credit under its revolving credit facility. In the fiscal second quarter of 2010, the Company paid down $8.3 million in debt, and since the end of the fiscal second quarter 2010, the Company has made additional debt repayments of $3.9 million on its revolving credit facility.

The Company is subject to a number of customary covenants under its credit agreement, including limitations on additional borrowings, acquisitions, dividend payments, and requirements to maintain certain financial ratios. As of July 11, 2010, the Company was in compliance with all of its debt covenants, and the Company expects to remain in full compliance.

Outlook

The Company’s fiscal third quarter of 2010 is a 12-week quarter. One new company-owned restaurant opened early in the fiscal third quarter and seven new company-owned restaurants are currently under construction. Three new franchised restaurants are currently under construction. During fiscal year 2010, the Company expects to open 11 new company-owned restaurants and franchisees are expected to open four to five new restaurants.

For the fiscal year 2010, which is a 52-week year, the Company expects revenues of $866 million to $873 million and net income of $0.90 to $1.10 per diluted share. These projected results are based upon certain assumptions, including expected full fiscal year 2010 comparable restaurant sales of down 0.5% to up 0.5% compared to the fiscal year 2009. Through August 8, 2010, the first four weeks of the Company’s 12-week fiscal third quarter of 2010, company-owned comparable restaurant sales increased 1.4% and guest counts increased 4.1% from the prior year period, compared to a year-over-year company-owned comparable restaurant sales decrease of 15.3% and guest count decrease of 14.6% in the first four weeks of the fiscal third quarter of 2009. The first four weeks of the fiscal third quarter of 2010 included one week of TV advertising compared to no TV advertising during the first four weeks of the fiscal third quarter of 2009.

The annual financial guidance includes approximately $15.6 million that the Company expects to spend for television advertising to support LTO promotions during fiscal year 2010, compared to $2.5 million that the Company spent on television advertising during fiscal year 2009. The Company’s total marketing expense in fiscal year 2010 is expected to be about $29.3 million compared to $17.2 million spent in fiscal year 2009 and is included in selling, general and administrative expense.

For the remaining two quarters of fiscal year 2010, the Company’s run rate SG&A expense is expected to be between $16.5 and $17.5 million per quarter. Adding to that will be the Company’s portion of TV marketing expense, which is expected to be $3.3 million in the fiscal third quarter of 2010 and $2.3 million in the fiscal fourth quarter of 2010. The SG&A estimates do not include costs for the transition of the CEO position, which are estimated to be between $3.5 and $4.0 million over the balance of the year, with the majority of the expense being incurred in the third quarter.

Based on the Company’s development plans and other infrastructure and maintenance costs, the Company expects fiscal year 2010 capital expenditures to be approximately $35 million to $38 million, which the Company expects to fund entirely out of operating cash flow. The Company also intends to make scheduled payments of $18.7 million required by the term loan portion of its existing credit facility from free cash flow after capital expenditures in fiscal year 2010 and expects to use its remaining free cash flow to make payments on the Company’s revolving credit facility and maintain flexibility to opportunistically repurchase shares of the Company’s common stock.

Other Events

The Company’s board of directors extended its previous authorization for the repurchase of up to $50 million of the Company’s common stock. Stock repurchases may be made from time to time in open market transactions and through privately negotiated transactions through December 31, 2011.

The Company’s board of directors also voted in favor of adopting a shareholder rights plan to protect stockholders from coercive or otherwise unfair takeover tactics. The board determined, with the assistance of its legal and financial advisors, that a shareholder rights plan will afford stockholders appropriate protections and allow the board time to fully execute its fiduciary obligations in a thoughtful and measured manner.

Investor Conference Call and Webcast

Red Robin will host an investor conference call to discuss its fiscal second quarter 2010 results today at 5:00 p.m. ET. The conference call number is (877) 407-0784. To access the webcast, please visit www.redrobin.com and select the “Investors” link from the menu. The financial information that the Company intends to discuss during the conference call is included in this press release and will be available on the “Investors” link of the Company’s website at www.redrobin.com following the conference call.

About Red Robin Gourmet Burgers, Inc. (NASDAQ: RRGB)

Red Robin Gourmet Burgers, Inc. (www.redrobin.com), a casual dining restaurant chain founded in 1969 that operates through its wholly-owned subsidiary, Red Robin International, Inc., serves up wholesome, fun, feel-good experiences in a family-friendly environment. Red Robin® restaurants are famous for serving more than two dozen insanely delicious, high-quality gourmet burgers in a variety of recipes with Bottomless Steak Fries®, as well as salads, soups, appetizers, entrees, desserts, and signature Mad Mixology® Beverages. There are more than 440 Red Robin® restaurants located across the United States and Canada, including company-owned locations and those operating under franchise agreements.

Forward-Looking Statements:

Certain information and statements contained in this press release, including those under the heading “Outlook,” are forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended and Section 21E of the Securities Exchange Act of 1934, as amended. Forward-looking statements include statements regarding our expectations, beliefs, intentions, plans, objectives, goals, strategies, future events or performance and underlying assumptions and other statements which are other than statements of historical facts. These statements may be identified, without limitation, by the use of forward-looking terminology such as “assumptions,” “believe,” “continue,” “expects,” “guidance,” “ongoing,” “projected,” “will” or comparable terms or the negative thereof. All forward-looking statements included in this press release are based on information available to the Company on the date hereof. Such statements speak only as of the date hereof and we undertake no obligation to update any such statement to reflect events or circumstances arising after the date hereof. These statements are based on assumptions believed by us to be reasonable, and involve known and unknown risks and uncertainties that could cause actual results to differ materially from those described in the statements. These risks and uncertainties include, but are not limited to, the following: the downturn in general economic conditions including severe volatility in financial markets, high levels of unemployment and decreasing consumer confidence, resulting in changes in consumer preferences or consumer discretionary spending; the effectiveness of our advertising strategy; potential fluctuation in our quarterly operating results due to economic conditions, seasonality and other factors; changes in availability of capital or credit facility borrowings to us and to our franchisees; the adequacy of cash flows generated by our business to fund operations and growth opportunities; the effect of increased competition in the casual dining market and discounting by competitors; our ability to achieve and manage our planned expansion, including both in new markets and existing markets; changes in the cost and availability of building materials and restaurant supplies; the concentration of our restaurants in the Western United States and the associated disproportionate impact of macroeconomic factors; changes in the availability and costs of food; changes in labor and energy costs and changes in the ability of our vendors to meet our supply requirements; labor shortages, particularly in new markets; the effectiveness of our initiative to normalize new restaurant operations; lack of awareness of our brand in new markets; concentration of less mature restaurants in the comparable restaurant base which impacts profitability; the ability of our franchisees to open and manage new restaurants; health concerns about our food products and food preparation; our ability to protect our intellectual property and proprietary information; the impact of federal, state or local government regulations relating to our team members or the sale of food or alcoholic beverages; our franchisees’ adherence to our practices, policies and procedures; and other risk factors described from time to time in the Company’s 10-Q and 10-K filings with the SEC.

RED ROBIN GOURMET BURGERS, INC.
CONDENSED CONSOLIDATED BALANCE SHEETS
(In thousands, except share amounts)
(Unaudited)
             
        July 11, 2010   December 27,
2009
Assets:        
Current Assets:        
  Cash and cash equivalents   $ 11,923     $ 20,268  
  Accounts receivable, net     5,689       4,703  
  Inventories     14,761       14,526  
  Prepaid expenses and other current assets     6,560       6,203  
  Income tax receivable     1,276       4,713  
  Deferred tax asset     3,080       4,127  
  Restricted current assets—marketing funds     4,718       665  
  Total current assets   $ 48,007     $ 55,205  
             
  Property and equipment, net       424,146       431,536  
  Goodwill       61,769       61,769  
  Intangible assets, net       45,190       47,426  
  Other assets, net       3,489       4,159  
  Total assets     $ 582,601     $ 600,095  
             
Liabilities and Stockholders’ Equity:          
Current Liabilities:          
  Trade accounts payable     $ 10,399     $ 10,891  
  Construction related payables       4,270       3,181  
  Accrued payroll and payroll related liabilities       26,670       26,912  
  Unearned revenue       6,139       15,437  
  Accrued liabilities       22,658       18,818  
  Accrued liabilities—marketing funds       4,718       665  
  Current portion of term loan notes payable       18,739       18,739  
  Current portion of long-term debt and capital lease obligations       819       779  
  Total current liabilities     $ 94,412     $ 95,422  
             
  Deferred rent       32,936       30,996  
  Long-term portion of term loan notes payable       89,899       103,954  
  Other long-term debt and capital lease obligations       54,410       67,862  
  Other non-current liabilities       9,807       13,239  
  Total liabilities     $ 281,464     $ 311,473  
             
Stockholders’ Equity:          
  Common stock; $0.001 par value: 30,000,000 shares authorized; 17,113,300
 and 17,079,267 shares issued; 15,621,020 and 15,586,948 shares outstanding
         
        17       17  
  Preferred stock, $0.001 par value: 3,000,000 shares authorized; no shares
 issued and outstanding
         
        -       -  
  Treasury stock, 1,492,280 shares, at cost       (50,125 )     (50,125 )
  Paid-in capital       170,093       167,637  
  Accumulated other comprehensive loss, net of tax       (438 )     (1,212 )
  Retained earnings       181,590       172,305  
  Total stockholders’ equity       301,137       288,622  
Total liabilities and stockholders’ equity     $ 582,601     $ 600,095  
                   
                   
RED ROBIN GOURMET BURGERS, INC.
CONDENSED CONSOLIDATED STATEMENTS OF INCOME
(In thousands, except per share data)
(Unaudited)
                       
        Twelve Weeks Ended     Twenty-eight Weeks Ended
        July 11, 2010   July 12, 2009     July 11, 2010   July 12, 2009
                       
Revenues:                  
  Restaurant revenue   $ 197,977   $ 197,963     $ 465,482     $ 464,558
  Franchise royalties and fees     3,122     3,078       7,291       7,230
  Other revenue     244     47       4,080       113
    Total revenues     201,343     201,088       476,853       471,901
                       
Costs and expenses:                  
  Restaurant operating costs (exclusive of depreciation
 and amortization shown separately below):
                 
    Cost of sales     48,697     48,228       113,709       113,511
    Labor (includes $211, $137, $420, and $1,123 of stock-
 based compensation, respectively)
                 
        69,488     67,679       164,849       159,950
    Operating     28,976     28,590       67,615       67,005
    Occupancy     14,579     14,494       34,287       33,402
  Depreciation and amortization     13,185     13,066       30,436       30,703
  Selling, general, and administrative (includes $857, $615,
 $1,751, and $4,342 of stock-based compensation,
 respectively)
                 
                   
      20,008     18,517       50,843       46,992
  Pre-opening costs     375     588       1,252       3,138
    Total costs and expenses     195,308     191,162       462,991       454,701
                       
Income from operations     6,035     9,926       13,862       17,200
                       
Other expense (income):                  
  Interest expense, net     1,257     1,559       3,142       3,673
  Other     10     9       (20 )     19
    Total other expenses     1,267     1,568       3,122       3,692
                       
Income before income taxes     4,768     8,358       10,740       13,508
Provision for income taxes     435     1,937       1,455       3,242
Net income   $ 4,333   $ 6,421     $ 9,285     $ 10,266
Earnings per share:                  
  Basic   $ 0.28   $ 0.42     $ 0.60     $ 0.67
  Diluted   $ 0.28   $ 0.41     $ 0.59     $ 0.66
Weighted average shares outstanding:                  
  Basic     15,494     15,380       15,484       15,366
  Diluted     15,671     15,486       15,654       15,467
                               
                               

Schedule I

Reconciliation of Non-GAAP Restaurant-Level Operating Profit to Income
from Operations and Net Income
(In thousands, except percentage data)

The Company believes that restaurant-level operating profit is an important measure for management and investors because it is widely regarded in the restaurant industry as a useful metric by which to evaluate restaurant-level operating efficiency and performance. The Company defines restaurant-level operating profit to be restaurant revenues minus restaurant-level operating costs, excluding restaurant closures and impairment costs. The measure includes restaurant level occupancy costs, which include fixed rents, percentage rents, common area maintenance charges, real estate and personal property taxes, general liability insurance and other property costs, but excludes depreciation related to restaurant buildings and leasehold improvements. The measure excludes depreciation and amortization expense, substantially all of which is related to restaurant level assets, because such expenses represent historical sunk costs which do not reflect a current cash outlay for the restaurants. The measure also excludes selling, general and administrative costs, and therefore excludes occupancy costs associated with selling, general and administrative functions, pre-opening costs, reacquired franchise costs, legal settlements and costs associated with the tender offer of stock options attributed to non-restaurant employees. The Company excludes restaurant closure costs as they do not represent a component of the efficiency of continuing operations. Restaurant impairment costs are excluded, because, similar to depreciation and amortization, they represent a non-cash charge for the Company’s investment in its restaurants and not a component of the efficiency of restaurant operations. Restaurant-level operating profit is not a measurement determined in accordance with generally accepted accounting principles (“GAAP”) and should not be considered in isolation, or as an alternative, to income from operations or net income as indicators of financial performance. Restaurant-level operating profit as presented may not be comparable to other similarly titled measures of other companies. The table below sets forth certain unaudited information for the 12 and 28 weeks ended July 11, 2010, and July 12, 2009, expressed as a percentage of total revenues, except for the components of restaurant operating costs, which are expressed as a percentage of restaurant revenues.

      Twelve Weeks Ended       Twenty-eight Weeks Ended  
      July 11, 2010     July 12, 2009       July 11, 2010     July 12, 2009  
Restaurant revenues   $ 197,977   98.3 %   $ 197,963   98.4 %     $ 465,482   97.6 %   $ 464,558   98.5 %
                                                   
Restaurant operating costs (exclusive of
depreciation and amortization shown separately
below):
                                         
  Cost of sales     48,697   24.6       48,228   24.4         113,709   24.4       113,511   24.4  
  Labor     69,488   35.1       67,679   34.2         164,849   35.4       159,064   34.2  
  Operating     28,976   14.6       28,590   14.4         67,615   14.5       67,005   14.4  
  Occupancy     14,579   7.4       14,494   7.3         34,287   7.4       33,402   7.2  
  Tender offer stock-based compensation
expense
    -   -       -   -         -   -       886   0.2  
Restaurant-level operating profit     36,237   18.3       38,972   19.7         85,022   18.3       90,690   19.5  
                                             
Add – other revenues     3,366   1.7       3,125   1.5         11,371   1.5       7,343   1.5  
Deduct – other operating:                                          
  Depreciation and amortization     13,185   6.5       13,066   6.5         30,436   6.4       30,703   6.5  
  Selling, general, and administrative     19,998   9.9       18,517   9.2         50,748   10.7       43,278   9.2  
  Pre-opening costs     375   0.2       588   0.3         1,252   0.3       3,138   0.7  
  Tender offer stock-based compensation
expense
    -   -       -   -         -   -       3,116   0.7  
  Restaurant closure costs     10   -       -   -         95   -       598   0.1  
  Total other operating     33,568   16.7       32,171   16.0         82,531   17.3       80,833   17.2  
                                             
Income from operations     6,035   3.0       9,926   4.9         13,862   2.9       17,200   3.6  
                                             
Total other expenses, net     1,267   0.6       1,568   0.8         3,122   0.7       3,692   0.8  
Provision for income taxes     435   0.2       1,937   1.0         1,455   0.3       3,242   0.7  
  Total other     1,702   0.8       3,505   1.8         4,577   1.0       6,934   1.5  
                                             
Net income   $ 4,333   2.2 %   $ 6,421   3.1 %     $ 9,285   1.9 %   $ 10,266   2.1 %
_________________________
Certain percentage amounts in the table above do not sum due to rounding as well as the fact that restaurant operating costs are expressed as a percentage of restaurant revenues, as opposed to total revenues.

Brinker International, Inc. (NYSE: EAT) announced fourth quarter fiscal 2010 earnings per diluted share from continuing operations of $0.44 compared to $0.45 in the fourth quarter of fiscal 2009, before special items.  For the full-year fiscal 2010, earnings per diluted share from continuing operations was $1.18 compared to $1.28 in the prior year, before special items and excluding Macaroni Grill.  In 2010, the fourth quarter and fiscal year included an additional operating week compared to fiscal 2009.  (Reconciliations to GAAP earnings per diluted share amounts are included in Tables 3 and 4.)    

On a GAAP basis, earnings per diluted share increased to $0.62 for the fourth quarter compared to $0.41 in the prior year.  For the full-year fiscal 2010, earnings per diluted share increased to $1.34 from $0.77 in the prior year.

On June 30, 2010, the company completed the sale of On The Border Mexican Grill & Cantina® to OTB Acquisition LLC, an affiliate of Golden Gate Capital, for gross proceeds of approximately $180 million and recognized a gain of approximately $16.5 million. Therefore, the results of On The Border are presented as discontinued operations.  All amounts presented below relate to continuing operations unless otherwise stated.

Quarterly Revenues

Brinker reported fourth quarter revenues of $743.1 million compared to $742.1 million in the prior year (14-weeks vs. 13-weeks).  The company experienced a 3.4 percent decrease in comparable restaurant sales (see Table 1) in the fourth quarter of fiscal 2010.  Revenues were positively affected by a net increase in capacity of 3.0 percent due to the impact of the 53rd week in fiscal 2010, partially offset by the sale of 21 restaurants to a franchisee and 11 restaurant closures since the fourth quarter of fiscal 2009.  Royalty and franchise revenues were $16.7 million for the quarter.  

Table 1: Q4 comparable restaurant sales(1, 2)
Q4 10 and Q4 09, company and two reported brands; percentage
 
Q4 10
Comparable
Sales
Q4 09
Comparable
Sales
Q4 10
Pricing
Impact
Q4 10
Mix-Shift
 
Brinker International (3) (3.4) (9.4) 1.2 0.9  
 Chili’s (4.1) (9.4) 1.4 1.0  
 Maggiano’s 1.3 (9.2) 0.2 0.2  
(1)   Amounts are calculated based on comparable 13 weeks in each fiscal quarter.
(2)   Brinker International comparable restaurant sales by period are provided on the company’s website.
(3)   Brinker International comparable restaurant sales exclude the impact of On The Border.
 
         
Table 2: FY comparable restaurant sales(1, 2)
FY 10 and FY 09, company and two reported brands; percentage
 
FY 10
Comparable
Sales
FY 09
Comparable
Sales
FY 10
Pricing
Impact
FY 10
Mix-Shift
 
Brinker International (3) (4.2) (5.8) 1.3 (1.2)  
 Chili’s (4.6) (5.6) 1.5 (1.2)  
 Maggiano’s (1.2) (7.3) 0.5 (1.2)  
(1)   Amounts are calculated based on comparable 52 weeks in each fiscal year.
(2)   Brinker International comparable restaurant sales by period are provided on the company’s website.
(3)   Brinker International comparable restaurant sales exclude the impact of On The Border and Macaroni Grill.
 
         

Quarterly Operating Performance

Cost of sales, as a percent of revenues, increased to 27.7 percent in the fourth quarter of fiscal 2010 as compared to 27.4 percent in the prior year. During the quarter, cost of sales was negatively impacted by promotions and the menu changes at Chili’s, partially offset by favorable commodity prices primarily related to beef and chicken, and favorable menu price changes.

Restaurant expenses, as a percent of revenues, remained relatively flat at 54.0 percent as compared to 54.1 percent in the prior year primarily due to leverage of fixed costs created from the additional operating week and lower advertising expenses.  In the prior year, restaurant expenses was favorably impacted by approximately 125 basis points due to lower insurance, property tax and utility expenses.

Depreciation and amortization decreased $3.4 million compared to the prior year due to fully depreciated assets and restaurant closures, partially offset by investments in existing restaurants.  

General and administrative expense was essentially flat for the quarter.

Other gains and charges primarily includes $4.6 million of long-lived asset impairment charges related to underperforming restaurants, partially offset by a gain on the sale of land of $1.3 million.

Interest expense increased $2.4 million for the quarter primarily due to the termination of the company’s existing revolving credit facility which resulted in a $1.7 million impact due to expensing the remaining capitalized financing fees associated with the facility.  Additionally, interest expense was favorably impacted in the fourth quarter of the prior year due to a gain of $1.3 million related to the repurchase of a portion of the 5.75 percent notes.

Other, net decreased $5.8 million primarily due to insurance proceeds of $5.5 million received in the fourth quarter of the prior year.

The effective income tax rate for continuing operations increased to 23.7 percent in the current quarter as compared to 13.8 percent in the same quarter last year primarily due to the decrease in other gains and charges.  Excluding the impact of special items, the effective income tax rate from continuing operations remained essentially flat at 24.3 percent in the current quarter as compared to 24.0 percent in the same quarter last year.

Income from discontinued operations, net of taxes, increased to $20.5 million from $5.1 million in the same quarter in the prior year primarily due to a gain on the sale of On The Border.

Special Items  

Table 3: Reconciliation of income from continuing operations, before special items (1)
Q4 10 and Q4 09; $ millions and $ per diluted share after-tax

 
Item Q4 10 EPS
Q4 10
Q4 09 EPS
Q4 09
 
Income from Continuing Operations 43.1 0.42 37.1 0.36  
 Other (Gains) and Charges 2.1 0.02 14.4 0.14  
 Other, Net – Insurance Proceeds - - (5.5) (0.05)  
Income from Continuing Operations before    

 Special Items      

45.2 0.44 46.0 0.45  
(1) The company believes excluding special items from its financial results provides investors with a clearer perspective of the company’s ongoing operating performance and a more relevant comparison to prior period results.    
 
         
Table 4: Reconciliation of income from continuing operations, before special items (1)
FY 10 and FY 09; $ millions and $ per diluted share after-tax
 
Item FY 10 EPS
FY 10
FY 09 EPS
FY 09
 
Income from Continuing Operations 103.7 1.01 72.1 0.70  
 Other (Gains) and Charges 18.0 0.17 74.5 0.73  
 Other, Net – Insurance Proceeds - - (5.5) (0.05)  
 Macaroni Grill before Special Items - - (10.1) (0.10)  
Income from Continuing Operations before

 Special Items and Macaroni Grill

121.7 1.18 131.0 1.28  
(1) The company believes excluding special items and Macaroni Grill from its financial results provides investors with a clearer perspective of the company’s ongoing operating performance and a more relevant comparison to prior period results.    
   
         

Cash Flow and Capital Allocation

Cash flow from continuing operations for the fiscal year 2010 increased to $297.4 million compared to $234.0 million in the prior year primarily due to the tax impact of the Macaroni Grill sale and timing differences related to operational payments, partially offset by lower earnings.   Capital expenditures totaled $60.9 million, a reduction of $32.7 million compared to the prior year, resulting from a decrease in new company-owned restaurant development.  During the fourth quarter, the company entered into a $400 million unsecured, senior credit facility consisting of a $200 million revolver and a $200 million term loan.  The remaining balance on the previous term loan which was classified as a current liability as of the end of the third quarter was extinguished.  Long-term debt was reduced by $190 million for the fiscal year resulting in an ending debt balance of $541.4 million on June 30.   During the fourth quarter, the company repurchased 1.0 million shares of its common stock for approximately $20.0 million.

Fiscal 2011 Outlook

The company anticipates earnings per diluted share from continuing operations, before special items, to increase between 10 and 20 percent compared to fiscal 2010  (an increase of 20 to 30 percent excluding the 53rd week in fiscal 2010).  Earnings are based on the following expectations:

  • Full-year comparable restaurant sales will be flat to a decrease of 2 percent with expectations of the first half being more challenging as we lap heavier promotional activities last year;
  • Revenue is projected to decrease 2 percent to 4 percent (flat to a decrease of 2 percent excluding the 53rd week in fiscal 2010);
  • Operating income will increase 70 to 100 basis points;
  • The effective income tax rate will be 27 to 28 percent; and
  • Diluted weighted average shares outstanding will be 90 to 94 million.

 

Table 5: Reconciliation of diluted earnings per share excluding the 53rd week (1)
FY 10 and FY 11; $ per diluted share after-tax
 
FY 10 FY 11  
Earnings per Diluted Share 1.18 1.30 to 1.42 (+10% to 20%)  
 53rd Week (0.09) -  
Earnings per Diluted Share excluding the

 53rd Week

1.09 1.30 to 1.42 (+20% to 30%)  
(1) All diluted earnings per share amounts are from continuing operations, excluding special items.  
     

The company believes that providing fiscal 2011 earnings per diluted share guidance, excluding special charges and the 53rd week, provides investors the appropriate insight into the company’s ongoing operating performance.  

Guidance Policy

Brinker provides annual guidance as it relates to comparable restaurant sales, earnings per diluted share, and other key line items in the income statement and will only provide updates if there is a material change versus the original guidance.  Consistent with prior practice, management will not discuss intra-period sales or other key operating results not yet reported as the limited data may not accurately reflect the final results of the period or quarter referenced.

Webcast Information

Investors and interested parties are invited to listen to today’s conference call, as management will provide further details of the quarter. The call will be broadcast live on the Brinker website (www.brinker.com) at 9 a.m. CDT today (Aug. 12). For those who are unable to listen to the live broadcast, a replay of the call will be available shortly thereafter and will remain on the Brinker website until the end of the day Sept. 9, 2010.  

Additional financial information, including statements of income which detail our results excluding On The Border and special items and debt covenant information, is also available on the Brinker website under the Financial Information section of the Investor tab.

Forward Calendar

  • SEC Form 10-K for fiscal year 2010 filing on or before August 30, 2010; and
  • First quarter earnings release, before market opens, October 26, 2010.

 

Brinker International, Inc. is one of the world’s leading casual dining restaurant companies.  Founded in 1975 and based in Dallas, Texas, Brinker currently owns, operates, or franchises 1,550 restaurants under the names Chili’s® Grill & Bar (1,505 restaurants) and Maggiano’s Little Italy® (45 restaurants). Brinker also holds a minority investment in Romano’s Macaroni Grill®.

The statements contained in this release that are not historical facts are forward-looking statements. These forward-looking statements involve risks and uncertainties and, consequently, could be affected by general business and economic conditions, financial and credit market conditions, credit availability, reduced disposable income, the impact of competition, the impact of mergers, acquisitions, divestitures and other strategic transactions, franchisee success,  the seasonality of the company’s business, adverse weather conditions, future commodity prices, product availability, fuel and utility costs and availability, terrorists acts, consumer perception of food safety, changes in consumer taste, health epidemics or pandemics, changes in demographic trends, availability of employees, unfavorable publicity, the company’s ability to meet its business strategy plan, acts of God, governmental regulations and inflation.    

Contacts: Stacey Sullivan, Media Relations Marie Perry, Investor Relations  
(800) 775-7290 (972) 770-1276  
   
 
BRINKER INTERNATIONAL, INC.  
Consolidated Statements of Income  
(In thousands, except per share amounts)  
(Unaudited)  
 
Fourteen Week
Period Ended
Thirteen Week
 Period Ended
Fifty-Three Week
Period Ended
Fifty-Two Week
Period Ended
 
June 30, June 24, June 30, June 24,  
2010 2009 2010 2009  
 
 
Revenues $ 743,060 $ 742,108 $  2,858,498 $ 3,276,362  
Operating Costs and Expenses:  
   Cost of sales 205,563 203,549 816,015 923,668  
   Restaurant expenses 401,434 401,294 1,587,396 1,838,735  
   Depreciation and amortization 32,860 36,243 135,832 145,220  
   General and administrative 36,735 36,306 136,270 147,372  
        Other gains and charges (a) 3,185 23,054 28,485 118,612  
     Total operating costs and expenses 679,777 700,446 2,703,998 3,173,607  
 
Operating income 63,283 41,662 154,500 102,755  
 
Interest expense 8,257 5,886 28,515 33,330  
Other, net (1,478) (7,229) (6,001) (9,430)  
 
Income before tax expense 56,504 43,005 131,986 78,855  
 
Income tax expense 13,405 5,953 28,264 6,734  
 
Income from continuing operations 43,099 37,052 103,722 72,121  
 
Income from discontinued  operations,
 net of taxes (b)
20,516 5,094 33,982 7,045  
 
 Net income $  63,615 $  42,146 $  137,704 $ 79,166  
 
 
 Basic net income per share:  
Income from continuing operations $  0.42 $  0.36 $  1.02 $  0.71  
Income from discontinued operations $  0.20 $  0.05 $  0.33 $  0.07  
Net income per share $  0.62 $  0.41 $  1.35 $  0.78  
 
 
 Diluted net income per share:  
Income from continuing operations $  0.42 $  0.36 $  1.01 $  0.70  
Income from discontinued operations $  0.20 $  0.05 $  0.33 $  0.07  
Net income per share $  0.62 $  0.41 $  1.34 $  0.77  
 
 
 
Basic weighted average  
     shares outstanding 101,934 102,051 102,287 101,852  
 
Diluted weighted average  
  shares outstanding 102,791 103,054 103,044 102,713  
 
         
a)  Current year other gains and charges primarily includes $4.6 million of long-lived asset impairment charges related to underperforming restaurants, partially offset by gain on the sale of land of $1.3 million.  During the first nine months of fiscal 2010, other gains and charges primarily included long-lived asset impairments of $20.6 million related to the closure and impairment of certain underperforming restaurants, $6.4 million of lease termination charges and severance costs of $1.9 million, partially offset by a $2.8 million gain on the sale of 21 restaurants to a franchisee.  

Prior year other gains and charges primarily includes $15.4 million of long-lived asset and goodwill impairment charges related to the decision to close eight restaurants and $10.5 million of long-lived asset impairment charges related to 16 underperforming restaurants.  In the first nine months of fiscal 2009, other gains and charges consisted primarily of a loss on the sale of Macaroni Grill of $43.3 million, long-lived asset impairments of $35.2 million related to the decision to close certain underperforming restaurants, lease termination charges of $10.6 million and severance costs of $4.9 million.
b)  Income from discontinued operations, net of taxes, includes current year other (gains) and charges of ($10.1) million of a recognized gain on the sale of On The Border. During the first nine months of fiscal 2010, other gains and charges from discontinued operations was primarily due to charges related to the closure and impairment of certain underperforming restaurants of $0.9 million.

For the prior year, income from discontinued operations, net of taxes, includes other gains and charges of $2.4 million of impairment of certain underperforming restaurants. For the first nine months of fiscal 2009, other gains and charges from discontinued operations was primarily due to charges related to the closure of $5.7 million and impairment of certain underperforming restaurants of $1.7 million.

 
 
 
BRINKER INTERNATIONAL, INC.  
CONDENSED CONSOLIDATED BALANCE SHEETS  
(In thousands)  
 
June 30, June 24,  
2010 2009  
(Unaudited)  
ASSETS  
 Current assets of continuing operations $   501,067 $   359,181  
 Assets held for sale - 170,133  
 Net property and equipment (a) 1,129,077 1,247,780  
 Total other assets 221,960 171,853  
 Total assets $ 1,852,104 $ 1,948,947  
 
LIABILITIES AND SHAREHOLDERS’ EQUITY  
 Current installments of long-term debt $    16,866 $     1,815  
 Current liabilities of continuing operations 433,011 406,889  
 Liabilities associated with assets held for sale - 9,798  
 Long-term debt, less current installments 524,511 727,447  
 Other liabilities 148,968 156,074  
 Total shareholders’ equity 728,748 646,924  
 Total liabilities and shareholders’ equity $ 1,852,104 $ 1,948,947  
(a) At June 30, 2010, the company owned the land and buildings for 189 of the 871 company-owned  
restaurants, excluding On The Border. The net book values of the land and buildings associated with  
these restaurants totaled $145.0 million and $141.3 million, respectively.  
     
 
BRINKER INTERNATIONAL, INC.  
RESTAURANT SUMMARY  
 
Total
Restaurants
Fourth Quarter
Openings/Acquisitions
Fourth Quarter
Closings/Sales
Total
Restaurants
Projected
Openings
 
March 24, 2010 Fiscal 2010 Fiscal 2010 June 30, 2010 Fiscal 2011  
 
Company-Owned

Restaurants:

 
   Chili’s 827 - - 827 -  
   Maggiano’s 44 - - 44 -  
871 - - 871 -  
 
Franchise

Restaurants:

 
 Chili’s 466 - - 466 10-13  
 International(a) 207 6 - 213 45-50  
673 6 - 679 55-63  
 
Total Restaurants:  
 Chili’s 1,293 - - 1,293 10-13  
 Maggiano’s 44 - - 44 -  
 International 207 6 - 213 45-50  
1,544 6 - 1.550 55-63  
 
(a) At June 30, 2010, international franchise restaurants by brand were 212 Chili’s and one Maggiano’s location.  
           

Noble Roman’s, Inc. (OTCBB:NROM), the Indianapolis based franchisor of Noble Roman’s Pizza and Tuscano’s Italian Style Subs, today announced results for the quarterly period ended June 30, 2010. Net income was $374,673 or $.02 per share basic and diluted, on weighted average number of common shares outstanding of 19.4 million and diluted weighted average shares of 20.0 million. This compares to net income of $415,234 for the quarterly period ended June 30, 2009, or $.02 per share basic and diluted, on weighted average number of common shares outstanding of 19.4 million, and diluted weighted average shares of 19.9 million. Total revenues for the quarterly period ended June 30, 2010 were $1.8 million compared to total revenues of $1.9 million for the comparable period in 2009.

For the six-month period ended June 30, 2010, the company reported a net income of $726,339, or $.04 per share basic and diluted, on weighted average number of common shares outstanding of 19.4 million and diluted weighted average shares of 20.0 million. This compares to net income of $831,995 for the six-month period ended June 30, 2009, or $.04 per share basic and diluted weighted average number of common shares outstanding of 19.4 million and diluted weighted average shares of 19.9 million. Total revenues for the six-month period ended June 30, 2010 were $3.6 million compared to $3.8 million for the corresponding period in 2009. The company’s pre-tax income for the six-month period was $1,202,748 compared to $1,377,704 for the corresponding period in 2009.

Total revenue decreased from $1.9 million to $1.8 million and from $3.8 million to $3.6 million for the three-month and six-month periods ended June 30, 2010 compared to the corresponding periods in 2009. One-time fees, franchisee fees and equipment commissions increased from $57,338 to $83,408 and from $141,961 to $207,092 for the three-month and six-month periods ended June 30, 2010 compared to the corresponding periods in 2009. Ongoing royalties and fees decreased from $1,682,483 to $1,595,367 and from $3,357,473 to $3,107,339 for the quarterly and six-month periods in 2010 compared to 2009. Of this decrease, $92,156 and $194,539 resulted from fewer traditional units being in operation during the three-month and six-month periods in 2010, and $63,334 and $168,619 resulted from a decrease in ongoing royalties and fees from non-traditional units other than grocery stores. These were partially offset by an increase in ongoing royalties and fees from the grocery store take-n-bake additions in the amount of $68,384 and $113,024 for the three-month and six-month periods in 2010. 

The company recently developed a take-n-bake version of its pizza as an addition to its menu offerings. The take-n-bake pizza is designed as an add-on component for new and existing convenience store franchisees and as a stand-alone offering for grocery store chains. The company started offering take-n-bake pizza to grocery store chains in September 2009.

As of June 30, 2010, the company had signed agreements for 190 grocery store locations to operate the take-n-bake pizza program, 166 of which were open at that time. As of August 6, 2010, the company had signed agreements for 234 grocery store locations to operate the take-n-bake pizza program, 180 of which were open at that time. The company anticipates opening almost all of the remaining 54 locations within the next 30 days. Many of the grocery store chains that have signed agreements for certain of their grocery store locations to operate the take-n-bake pizza program have indicated their intent to enter into agreements for the remainder of their grocery stores. The company expects to sign several additional units with existing chains and is also in discussions with several other grocery store chains. 

The company also recently signed an agreement with a grocery distribution company which services approximately 1,700 grocery stores in the western United States. This agreement provides for the grocery distributor to stock the company’s proprietary products for distribution to their customers and promote the company’s take-n-bake program to all of their 1,700 customers. The take-n-bake program has been integrated into the operations of many of the company’s existing convenience store franchises, which has generated significant add-on sales, and is now being offered to all franchise prospects for convenience stores. The company uses the same high quality pizza ingredients for its take-n-bake product as with its standard pizza, with slight modification to portioning for increased home baking performance.

Lack of access to capital in today’s economic environment by many small to medium sized businesses, which make up the larger base of the company’s pool of franchise prospects for its non-traditional franchise program, has slowed the company’s rate of growth in these venues. To address these conditions, the company recently redesigned its layout and equipment specifications for convenience stores to lower their investment to approximately $15,000 down from the old design of $30,000 without decreasing the revenue potential of the concept. The company believes that this lower investment cost, in today’s environment, will substantially increase the growth rate in convenience stores resulting in additional royalty and fee income.

The company also recently began bidding on military base locations through the Army and Air Force Exchange Service and has been awarded four contracts and has outstanding bids on several Army/Air Force bases. When awarded a contract, the company locates a franchisee and assigns the contract. The company has already signed franchise agreements for the Keesler Air Force Base and the Tinker Air Force Base and those units are under construction and expected to open in September.

The company is a Defendant in a lawsuit styled Kari Heyser, Fred Eric Heyser and Meck Enterprises, LLC, et al v. Noble Roman’s, Inc. et al, filed in Superior Court in Hamilton County, Indiana on June 19, 2008 (Cause No. 29D01 0806 PL 739). The Plaintiffs in the case originally were Kari and Fred Heyser and Meck Enterprises, LLC, Shawn and Jamie White and Casual Concepts of Texas, LLC, Afifa Abdelmalek and St. Markorios Corporation, Robert and Kathleen Hopkins and Withmere Restaurants, LLC, John and Mariann Dunn and D & G Restaurant, LLC, Jason Clark and Nican Enterprises, LLC, Thomas A. Brintle and Noble Roman’s Mt. Airy 100, LLC, Marikate and Paul Morris and Kapza, Inc., Kim Neal and Mopan Commerce, Inc., and Collett Eugene Harrington and Sazzip, LLC. Plaintiffs Marikate and Paul Morris and Kapza, Inc. have withdrawn their claims against the company. The Judge found the Villasenor Plaintiffs in a Contempt of Court Order and dismissed with prejudice the claims filed by Plaintiffs Henry and Brenda Villasenor and H&B Villasenor Investments, Inc. against the company and the company’s officers that were named in this action. The Defendants originally were the company, Paul W. Mobley, A. Scott Mobley, Troy Branson, Mitch Grunat, CIT Small Business Lending Corporation and PNC Bank. The Court has dismissed the claims against CIT Small Business Lending Corporation and PNC Bank. 

The Plaintiffs are former franchisees of the company’s traditional location venue. In addition to the company, the Defendants include certain of the company’s officers. The Plaintiffs allege that the Defendants induced them to purchase traditional franchises through fraudulent representations and omissions of material facts regarding the franchises, and seek compensatory and punitive damages. In the Complaint, the Plaintiffs claimed damages in the aggregate in the amount of $6.8 million and in some cases requested punitive damages, court costs and/or prejudgment interest. Discovery was completed July 19, 2010 and the Judge has denied Plaintiffs’ request for an extension of the discovery deadlines. To date, all of the remaining Plaintiffs have been deposed except Soltero Plaintiffs. Plaintiffs’ counsel withdrew representation of Soltero Plaintiffs and counsel for Defendants has been unable to locate the Soltero Plaintiffs.

The company filed a Counter-Claim for Damages against all of the Plaintiffs and moved to obtain Preliminary and Permanent Injunctions against a majority of the Plaintiffs to remedy the Plaintiffs’ continuing breaches of the applicable franchise agreements. The company’s Motion for Preliminary Injunction was granted in October 2008. The company has asserted that none of the preliminarily enjoined Plaintiffs fully complied with the Court’s Order and that several of them only minimally complied. Accordingly, the company filed a Motion to Require Full Compliance and To Show Cause why they should not be held in contempt and for attorney’s fees as sanctions. The Court granted the company’s Motion ordering Plaintiffs to fully comply with the preliminary injunction order.

The company filed a Motion to Revoke the Temporary Admission Pro Hac Vice of David M. Duree, Plaintiffs’ former counsel, for filing fraudulent affidavits with the Court. The Court granted this motion in March 2009. In the same ruling the Court: continued the Motion to Show Cause to allow parties time to conduct discovery, including depositions on the preliminarily enjoined Plaintiffs, on that issue; granted preliminary injunctions against Plaintiffs Gomes and Villasenor; dismissed claims against CIT Small Business Lending Corporation and PNC Bank with prejudice; and struck the fraudulent affidavits. New counsel for Plaintiffs entered his appearance in the case on behalf of the Plaintiffs in May 2009. 

The company also filed a Motion for Partial Summary Judgment as to several claims in the Complaint, which the Court granted in September, 2009. In October, 2009 Plaintiffs filed a Motion to Correct Error, Reconsider and Vacate Order; Request for Clarification; Alternatively, Motion for Certification of Appeal of Interlocutory Order and for Stay of Proceeding Pending Appeal. In January, 2010, the Court denied Plaintiffs’ Motion and in the same Order the Court denied Plaintiffs’ Motion for Certification of Appeal of Interlocutory Order and for Stay of Proceedings Pending Appeal. The Court also denied Plaintiffs’ request to amend their Complaint. In February, 2010, counsel for the Plaintiffs filed a Notice of Appeal with the Indiana Court of Appeals and subsequently filed their Brief of Appellants. Defendants’ Counsel filed a Brief of Appellees in opposition to the appeal, both for lack of jurisdiction and also on the merits. The Plaintiffs did not file a Reply Brief. Briefing is completed and the parties are now awaiting a decision from the Indiana Court of Appeals. The Court of Appeals has not scheduled an oral argument for this appeal.   

Defendants have all been deposed by Plaintiffs’ counsel. Defendants have filed Motions for Summary Judgment as to all of the Plaintiffs as a result of their deposition testimony. Through various extensions, the Court has now set a deadline of August 12, 2010 for Plaintiffs to file their responses to Defendants’ Motions for Summary Judgment against all remaining Plaintiffs and has ruled that Plaintiffs cannot request any further extensions of time in this respect. Pursuant to the Court’s mandate, Defendants will have 14 days after Plaintiffs file their response briefs to file any Reply Briefs in support of Defendants’ summary judgment motions. Once summary judgment briefing has concluded, the Court will set a hearing on the Motions for Summary Judgment upon the parties’ request, or issue a ruling on the briefs.

The Defendants’ counterclaims against all of the original Plaintiffs are still pending. The counterclaims are not affected by the withdrawal of Plaintiffs Marikate Morris, Paul Morris and Kapza, Inc., or by the dismissal of the claims by Henry Villasenor, Brenda Villasenor and H&B Villasenor Investments, Inc. and thus remain viable. 

Although there can be no assurance regarding the outcome of litigation, the company believes that it has strong and meritorious legal and factual defenses to these claims, viable counter claims against the Plaintiffs and will vigorously defend its interests in this case.

The statements contained above in this press release concerning the company’s future revenues, profitability, financial resources, market demand and product development are forward-looking statements (as such term is defined in the Private Securities Litigation Reform Act of 1995) relating to the company that are based on the beliefs of the management of the company, as well as assumptions and estimates made by and information currently available to the company’s management. The company’s actual results in the future may differ materially from those projected in the forward-looking statements due to risks and uncertainties that exist in the company’s operations and business environment, including, but not limited to, competitive factors and pricing pressures, the current litigation with certain former traditional franchisees, shifts in market demand, general economic conditions and other factors including, but not limited to, changes in demand for the company’s products or franchises, the success or failure of individual franchisees, the impact of competitors’ actions and changes in prices or supplies of food ingredients and labor as well as the factors discussed under “Risk Factors” in the company’s annual report on Form 10-K for the year-ended December 31, 2009. Should one or more of these risks or uncertainties materialize, or should underlying assumptions or estimates prove incorrect, actual results may vary materially from those described herein as anticipated, believed, estimated, expected or intended.

Noble Roman’s, Inc. and Subsidiaries
Condensed Consolidated Balance Sheets
(Unaudited)
 
     
 Assets December 31,
 2009
 June 30,
 2010
Current assets:    
 Cash $ 333,204 $ 241,735
 Accounts and notes receivable – net 1,343,500 1,601,098
 Inventories 239,006 225,016
 Assets held for resale 243,527 243,582
 Prepaid expenses 241,852 454,699
 Deferred tax asset – current portion 1,050,500 1,050,500
 Total current assets 3,451,589 3,816,630
     
Property and equipment:    
 Equipment 1,133,312 1,135,849
 Leasehold improvements  96,512  96,512
  1,229,824 1,232,361
 Less accumulated depreciation and amortization  790,134  824,253
 Net property and equipment 439,690 408,108
Deferred tax asset (net of current portion) 10,703,594 10,227,185
Other assets including long-term portion of notes receivable 2,087,644 2,619,905
 Total assets  $ 16,682,517 $ 17,071,828
     
Liabilities and Stockholders’ Equity    
Current liabilities:    
 Current portion of long-term note payable $ 1,500,000 $ 1,500,000
 Accounts payable and accrued expenses  434,665  871,317
 Total current liabilities 1,934,666 2,371,317
     
Long-term obligations:    
 Note payable to bank (net of current portion) 4,125,000 3,375,000
 Total long-term liabilities 4,125,000 3,375,000
     
Stockholders’ equity:    
 Common stock – no par value (25,000,000 shares authorized, 19,412,499
 issued and outstanding as of December 31, 2009 and June 30, 2010)
 
23,074,160
 
23,091,527
 Preferred stock (5,000,000 shares authorized and 20,625 issued and
 outstanding as of December 31, 2009 and June 30, 2010)
 
800,250
 
800,250
 Accumulated deficit (13,251,559) (12,566,266)
 Total stockholders’ equity  10,622,851  11,325,511
 Total liabilities and stockholders’ equity $ 16,682,517 $ 17,071,828
 
 
Noble Roman’s, Inc. and Subsidiaries
Condensed Consolidated Statements of Operations
(Unaudited)
         
  Three Months Ended Six Months Ended
  June 30, June 30,
  2009 2010 2009 2010
Royalties and fees $ 1,739,821 $ 1,678,775 $ 3,499,434 $ 3,314,431
Administrative fees and other 24,993 14,458 37,555 20,708
Restaurant revenue 138,742  139,081 257,635  252,307
 Total revenue 1,903,556 1,832,314 3,794,624 3,587,446
         
Operating expenses:        
 Salaries and wages 269,581 245,129 543,730 485,516
 Trade show expense 76,611 75,703 152,228 150,841
 Travel expense 33,601 36,764 78,133 73,003
 Sales commissions 3,627
 Other operating expenses 196,314 176,043 388,263 366,558
 Restaurant expenses 132,802 135,495 250,825 247,244
Depreciation and amortization 20,561 13,645 39,899 28,219
General and administrative  369,357  414,973  722,759  809,776
 Total expenses 1,098,827 1,097,751 2,179,464 2,161,157
 Operating income 804,729 734,563 1,615,160 1,426,289
         
Interest and other expense  117,141  114,141  237,456  223,541
 Income before income taxes 687,588 620,422 1,377,704 1,202,748
         
Income tax expense  272,354  245,749  545,709  476,409
 Net income 415,234 374,673 831,995 726,339
         
 Cumulative preferred dividends  16,274  24,411  32,910  41,046
         
 Net income available to common
 stockholders
 
$ 398,960
 
$ 350,262
 
$ 799,085
 
$ 685,293
         
         
Earnings per share – basic:        
 Net income  $ .02 $ .02 $ .04  $ .04 
 Net income available to common stockholders $ .02 $ .02 $ .04  $ .04 
Weighted average number of common shares
 outstanding
 
19,412,499
 
19,412,499
 
19,412,499
 
19,412,499
         
         
Diluted earnings per share:        
 Net income $ .02 $ .02 $ .04  $ .04
Weighted average number of common shares
 outstanding
 
19,909,365
 
20,065,298
 
19,909,365
 
20,065,298

Diversified Restaurant Holdings, Inc. (OTCBB: DFRH) (“DRH” or the “Company”), the owner/operator and franchisor of the unique, full-service, ultra-casual restaurant and bar, Bagger Dave’s Legendary Burgers & Fries® (“Bagger Dave’s”), and a leading franchisee for Buffalo Wild Wings® (“BWW”), today reported financial results for the 2010 second quarter ended June 27, 2010.

Second quarter 2010 revenue, derived solely from food and beverage sales, was $10.7 million, a 148% increase compared with total revenue of $4.7 million in the 2009 second quarter, due predominantly to the acquisition of nine affiliated BWW restaurants it had previously managed on February 1, 2010 (“Affiliates Acquisition”). Food and beverage sales in last year’s second quarter were $4.3 million; last year’s quarter also included $441 thousand in management fees that were generated under a service agreement covering the nine restaurants prior to the Affiliates Acquisition. Food and beverage sales in the second quarter of 2010 included sales from operations of the acquired restaurants, as well as the Company’s third Bagger Dave’s location in Novi, Michigan, which opened in February 2010, and a Buffalo Wild Wings location in Marquette, Michigan, which opened in early June 2010. With these additions, the second quarter of 2010 included food and beverage sales for 17 BWW and three Bagger Dave’s locations while the 2009 quarter included sales from seven BWW and two Bagger Dave’s locations.

Revenue for the first six months of 2010 was $19.5 million, a 108.7% increase compared with revenue of $9.3 million in the same 2009 period. Food and beverage sales were $19.3 million, 129.0% above sales of $8.4 million in the first half of 2009, primarily due to the greater number of restaurants now owned and operating in the 2010 period. Sales for the first six months of 2010 included the operations of 16 BWW restaurants that were opened prior to 2010 and the 17th BWW location that opened in June as well as sales of two Bagger Dave’s restaurants that were opened prior to 2010 and the third Bagger Dave’s location that opened in February. In addition, the 2010 first half had one more day of sales as the net result of the Company’s adoption, in 2009, of a fiscal year that ends on the last Sunday of each calendar quarter to align itself with restaurant industry standards.

Revenue from management and advertising fees decreased to $166 thousand in the first half of 2010, compared with $898 thousand in the 2009 first half, as a result of the Affiliates Acquisition and only one month of fees being recognized in the 2010 calendar year prior to the Affiliates Acquisition.

The net loss in the 2010 second quarter was $110 thousand, or $0.004 loss per fully diluted share, compared with net income of $70 thousand, or $0.002 earnings per fully diluted share, in the same period the prior year. For the first six months of 2010, net income was $142 thousand, or $0.005 earnings per diluted share, compared with net income of $150 thousand, or $0.005 earnings per fully diluted share, in the first half of 2009.

Michael Ansley, President and Chief Executive Officer of DRH, commented, “The acquisition of the nine Buffalo Wild Wings restaurants that we previously managed, along with the openings of our Marquette Buffalo Wild Wings and our Novi Bagger Dave’s restaurants, are driving significant revenue growth thus far in 2010. However, the restaurant expansion, made possible by the funding we secured earlier this year, resulted in an increase in interest expense which produced a small loss for the quarter. Notably, we generated positive operating cash flow and, with costs for fresh, bone-in chicken wings decreasing, we will remain focused on controlling our other costs as we pursue our goal of profitable future growth.”

Second Quarter Operating Results

(in thousands)         Three Months Ended     Increase     Percent
          June 27, 2010     June 30, 2009     (Decrease)     Change
Food and beverage costs         $ 3,138     $ 1,348     $ 1,790     132.7%
% to food and beverage sales           29.4%       31.3%            
                             
G&A expense         $ 2,755     $ 1,150     $ 1,605     139.6%
% to food and beverage sales           25.8%       26.7%            
                             
Compensation & Occupancy Costs         $ 3,971     $ 1,767     $ 2,204     124.7%
% to food and beverage sales           37.2%       41.0%            
                             
Operating income         $ 180     $ 122     $ 58     47.5%
Operating margin           1.7%       2.6%            

Food and beverage costs declined as a percentage of related sales in the second quarter of 2010 compared with the 2009 second quarter as fresh, bone-in chicken wing prices continued to trend downward during the quarter.

Both general and administrative (G&A) expense and compensation and occupancy costs declined as a percentage of food and beverage sales in the 2010 second quarter compared with the second quarter of last year due primarily to efficiencies associated with the Affiliates Acquisition. Higher advertising expenses and audio/visual costs related to an increased number of sports packages available at the Company’s restaurants, combined with higher maintenance costs on a larger mix of older restaurants, were offset by purchasing efficiencies experienced as a result of the increased number of restaurants now owned.

The improvement in operating income was primarily driven by the increased food and beverage revenue while the decline in operating margin was related to the absence of management and advertising fees from the acquired restaurants.

Interest expense for the 2010 second quarter was $518 thousand, significantly above interest expense of $105 thousand during the second quarter of 2009 due to higher borrowings associated with the Affiliates Acquisition as well as the one-time prepayment penalties associated with the new credit facility obtained during the second quarter of 2010.

DRH recorded an income tax benefit in the 2010 second quarter of $244 thousand compared with an income tax provision of $27 thousand in the same period last year, as the Company recognized significant deferred tax assets and used a significant amount of net operating loss carry forwards during the quarter, made possible by the Affiliates Acquisition.

Operating Results for the First Half of 2010

(in thousands)         Six Months Ended     Increase     Percent
          June 27, 2010     June 30, 2009     (Decrease)     Change
Food and beverage costs         $ 5,810     $ 2,630     $ 3,180     120.9%
% to food and beverage sales           30.1%       31.2%            
                             
G&A expense         $ 4,893     $ 2,259     $ 2,634     116.6%
% to food and beverage sales           25.3%       26.8%            
                             
Compensation & Occupancy Costs         $ 7,168     $ 3,401     $ 3,767     110.8%
% to food and beverage sales           37.1%       40.3%            
                             
Operating income         $ 458     $ 343     $ 115     33.5%
Operating margin           2.3%       3.7%            

Food and beverage costs as a percentage of related sales in the first six months of 2010 were below the level experienced in last year’s first half due to declining fresh, bone-in chicken wing costs. The decline in G&A expense as a percentage of food and beverage sales in the first six months of 2010 compared with the 2009 period is related to efficiencies gained from the more mature acquired restaurants. Compensation and occupancy costs also declined as a percentage of food and beverage sales due to higher revenue and improved efficiencies.

Operating income in the first six months of 2010 was $458 thousand, compared with operating income of $343 thousand in the 2009 period. However, operating margin was 140 basis points below margin in the first half of 2009 due primarily to the elimination of management and advertising fees as a result of the Affiliates Acquisition.

Interest expense for the first six months of 2010 was $668 thousand, compared to interest expense of $216 thousand during the same 2009 period due to higher borrowings associated with the Affiliates Acquisition and the one-time prepayment penalties incurred in conjunction with the execution of the new credit facility.

Balance Sheet

Cash and cash equivalents were $669 thousand at June 27, 2010, compared with $650 thousand at December 27, 2009. DRH generated in excess of $1.6 million in cash from operations during the first six months of 2010 compared with approximately $1.1 million during the first half of 2009. The increase in cash from operations in the 2010 period is primarily due to the Affiliates Acquisition.

Capital expenditures in the second quarter of 2010 were approximately $4.3 million and are related to ongoing restaurant openings and the purchase of a previously-leased building in Brandon, Florida, where the Company operates a BWW restaurant. For the first six months of 2010, capital expenditures were approximately $5.0 million, compared with $1.1 million in the first half of 2009. Capital expenditures related to 2010 restaurants openings, excluding the purchase of the Brandon building, are expected to be approximately $4.5 million for 2010.

Outlook

DRH plans to open two additional BWW restaurants in 2010. The first is currently under construction in Chesterfield, Michigan, with a planned opening date of Sunday, August 22, 2010, and the second location will be in Ft. Myers, Florida, with a planned opening during the fourth quarter of 2010. In addition, DRH expects to open its twentieth BWW restaurant in Traverse City, Michigan, in the first quarter of 2011. The Company’s agreement with BWW requires a total of 38 restaurants in Michigan and Florida in operation by 2017. In addition, the Company is opening its fourth company-owned Bagger Dave’s restaurant in Brighton, Michigan, with a planned opening during the fourth quarter of 2010. DRH also has a Franchise Disclosure Document in place for future Bagger Dave’s franchises in Michigan, Ohio, and Indiana. As of June 27, 2010, DRH operated three Bagger Dave’s restaurants in Michigan and 17 BWW restaurants (12 in Michigan and five in Florida).

Mr. Ansley concluded, “The Ft. Myers Buffalo Wild Wings restaurant will mark the halfway point in our commitment to open 38 Buffalo Wild Wings restaurants by 2017. We continue to evaluate additional new locations in both Michigan and Florida as we grow our BWW restaurant count. We also recently announced the site for our fourth Bagger Dave’s location in Brighton, Michigan. In addition, we are assessing possible franchising options in Michigan, Ohio, and Indiana. The successful execution of our growth strategies for our two concepts, along with a continued commitment to providing a superior guest experience, through well-trained and motivated employees, remains our top priority.”

About Diversified Restaurant Holdings

DRH is a leading BWW® franchisee, currently operates 17 BWW restaurants (five in Florida and 12 in Michigan), with the 18th scheduled to open in the third quarter of 2010, the 19th scheduled to open in the fourth quarter of 2010, and the 20th scheduled to open in the first quarter of 2011. DRH is also the recipient of many franchise awards, including an award for the Highest Annual Restaurant Sales.

The Company also owns and operates its own unique, full-service, ultra-casual restaurant and bar concept, Bagger Dave’s, which was launched in January 2008. The concept focuses on local flair with the interior showcasing historic photos of the city in which it resides. Bagger Dave’s offers a full-service, family-friendly restaurant and bar with a casual, comfortable atmosphere. The menu features freshly made burgers (never frozen), accompanied by more than 30 toppings from which to choose, fresh-cut fries, hand-dipped milkshakes, and a selection of craft beer and wine. Signature items include Sloppy Dave’s BBQ®, Train Wreck Burger®, and Bagger Dave’s Amazingly Delicious Turkey Black Bean Chili™. There’s also an electric train that runs above the dining room and bar areas. All current and future locations will be smoke-free. Currently, there are three locations in the State of Michigan, with the fourth scheduled to open in the fourth quarter of 2010. DRH has filed for rights, and has been approved, to franchise Bagger Dave’s in the States of Michigan, Indiana, and Ohio. For more information, please visit www.baggerdaves.com.

DRH routinely posts news and other important information on its Web site at www.diversifiedrestaurantholdings.com.

Safe Harbor Regarding Forward Looking Statements

This press release contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended.

Forward-looking statements are subject to risks, uncertainties and assumptions and are identified by words such as “expects,” “estimates,” “projects,” “anticipates,” “believes,” “could,” and other similar words. Forward-looking statements are based upon the current beliefs and expectations of management. All statements addressing operating performance, events, or developments that DRH expects or anticipates will occur in the future, including but not limited to franchise sales, restaurant openings, financial performance, and adverse developments with respect to litigation or increased litigation costs, the operation or performance of the Company’s business units, or the market price of its common stock are forward-looking statements. Because they are forward-looking, they should be evaluated in light of important risk factors and uncertainties. Actual results may vary materially from those contained in forward-looking statements based on a number of risk factors and uncertainties including, without limitation, our ability to operate in new markets, the cost of commodities, the success of our marketing and other initiatives to attract customers, customer preferences, operating costs, economic conditions, competition, the availability of financing for franchisees and the Company, and the impact of applicable regulations. These and other risk factors and uncertainties are more fully described in the Company’s most recent Annual and Quarterly Reports filed with the Securities and Exchange Commission. Undue reliance should not be placed on the Company’s forward-looking statements. Except as required by law, DRH disclaims any obligation to update or publicly announce any revisions to any of the forward-looking statements contained in this press release.

 
DIVERSIFIED RESTAURANT HOLDINGS, INC.
CONSOLIDATED INTERIM STATEMENTS OF OPERATIONS
(unaudited)
 
    Three Months Ended     Six Months Ended
    June 27     June 30     June 27   June 30
      2010         2009         2010         2009  
Revenue                      
Food and beverage sales   $ 10,683,821       $ 4,305,776       $ 19,325,82       $ 8,440,786  
Management and advertising fees     -         441,276         165,886         897,805  
Total revenue     10,683,821         4,747,052         19,491,708         9,338,591  
                       
Operating expenses                      
Compensation costs     3,397,029         1,491,686         5,983,841         2,850,893  
Food and beverage costs     3,137,948         1,348,406         5,810,496         2,630,402  
General and administrative     2,642,782         1,019,158         4,675,377         2,125,859  
Pre-opening     111,921         131,277         217,179         133,078  
Occupancy     573,619         275,805         1,183,785         550,202  
Depreciation and amortization     640,715         358,439         1,163,275         704,844  
Total operating expenses     10,504,014         4,624,771         19,033,953         8,995,248  
                       
Operating profit     179,807         122,281         457,755         343,343  
                       
Interest expense     (518,143 )       (104,585 )       (668,426 )       (215,892 )
Other income (expense), net     (15,658 )       79,295         (2,567 )       90,514  
                       
(Loss) income before income taxes     (353,994 )       96,991         (213,238 )       217,965  
                       
Income tax benefit (provision)     244,463         (26,668 )       354,979         (68,429 )
                       
Net (loss) income   $ (109,531 )     $ 70,323       $ 141,741       $ 149,536  
                       
Basic (loss) earnings per share – as reported   $ (0.006 )     $ 0.004       $ 0.008       $ 0.008  
Fully diluted (loss) earnings per share – as reported   $ (0.004 )     $ 0.002       $ 0.005       $ 0.005  
                       
Weighted average number of common shares                      
outstanding                      
Basic     18,870,505         18,070,000         18,870,505         18,070,000  
Diluted     29,160,000         29,020,000         29,090,000         29,020,000  
                                       
 
DIVERSIFIED RESTAURANT HOLDINGS, INC. AND SUBSIDIARIES
CONSOLIDATED INTERIM BALANCE SHEETS
 
ASSETS       June 27     December 27
        2010     2009
        (unaudited)     (audited)
Current assets              
Cash and cash equivalents       $ 668,962       $ 649,518  
Accounts receivable – related party         -         254,540  
Inventory         305,517         125,332  
Prepaid assets         161,475         103,452  
Other current assets         59,227         11,219  
Total current assets         1,195,181         1,144,061  
               
Property and equipment, net         15,258,823         7,866,149  
Intangible assets, net         956,570         411,983  
Other long-term assets         56,144         49,280  
Deferred income taxes         786,942         246,754  
Total assets       $ 18,253,660       $ 9,718,227  
               
LIABILITIES AND STOCKHOLDERS’ (DEFICIT) EQUITY              
               
Current liabilities              
Current portion of long-term debt       $ 2,233,716       $ 1,402,742  
Accounts payable         759,410         293,984  
Accrued liabilities         885,769         329,355  
Deferred rent         119,486         54,273  
Total current liabilities         3,998,381         2,080,354  
               
Accrued rent         741,369         253,625  
Deferred rent         834,272         422,068  
Other liabilities – interest rate swap         404,921         167,559  
Long-term debt, less current portion         13,054,104         4,601,909  
Total liabilities         19,033,047         7,525,515  
               
Stockholders’ (deficit) equity              
 Common stock – $0.0001 par value; 100,000,000 shares authorized,
18,876,000 and 18,626,000 shares, respectfully, issued and outstanding
        1,888         1,863  
Additional paid-in capital         2,622,286         2,356,155  
Accumulated deficit         (2,998,640 )       (165,306 )
Comprehensive (loss) income         (404,921 )       -  
Total stockholders’ (deficit) equity         (779,387 )       2,192,712  
               
Total liabilities and stockholders’ (deficit) equity       $ 18,253,660       $ 9,718,227  
 
DIVERSIFIED RESTAURANT HOLDINGS, INC. AND SUBSIDIARIES
CONSOLIDATED INTERIM STATEMENTS OF CASH FLOWS
(unaudited)
 
      Six Months Ended
      June 27     June 30
      2010     2009
Cash flows from operating activities            
Net income     $ 141,741       $ 149,536  
Adjustments to reconcile net income to            
net cash provided by (used in) operating activities            
Depreciation and amortization       1,163,275         704,844  
Loss on disposal of property and equipment       217,868         -  
Share-based compensation       16,156         16,156  
Deferred income tax (provision) benefit       (540,188 )       186,996  
Changes in operating assets and liabilities that            
provided (used) cash            
Accounts receivable – related party       254,540         (91,028 )
Inventory       (23,642 )       (454 )
Prepaid assets       6,191         (2,687 )
Other current assets       (48,008 )       172,728  
Intangible assets       (81,068 )       (1,210 )
Other asset