JERICHO, N.Y., Jun 06, 2011 (BUSINESS WIRE) -- Nathan's Famous, Inc. (NASDAQ:NATH) today reported results for its 2011
fiscal year ended March 27, 2011.
For the fiscal year ended March 27, 2011:
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Net income was $2,213,000 or $0.40 per diluted share, as compared to
$5,569,000 or $0.97 per diluted share for the fiscal year ended March
28, 2010;
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Non-GAAP earnings, which exclude the litigation expense items
described below, were $5,566,000 or $1.01 per diluted share; and
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Revenues increased by 12.5% to $57,255,000, as compared to $50,876,000
during the fiscal year ended March 28, 2010.
For the thirteen weeks ended March 27, 2011:
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Net income was $555,000 or $0.11 per diluted share, as compared to
$791,000 or $0.14 per diluted share for the quarter ended March 28,
2010;
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Non-GAAP earnings, which exclude the litigation expense items
described below, were $597,000 or $0.12 per diluted share; and
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Revenues increased by 16.6% to $12,268,000, as compared to $10,524,000
during the quarter ended March 28, 2010.
The Company also reported the following:
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Sales from the Branded Product Program, featuring the sale of Nathan's
hot dogs to the foodservice industry, increased by 23.3% to
$30,497,000 during the fifty-two weeks ended March 27, 2011 as
compared to sales of $24,738,000 during the fifty-two weeks ended
March 28, 2010.
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Sales and pre-tax profits from the five comparable company-owned
restaurants during the fiscal year ended March 27, 2011 increased
approximately $1,021,000 or 8.5% and $512,000 or 36.3%, respectively,
over the prior fiscal year.
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Retail license royalties increased by 5.2% or $335,000 to $6,787,000
during the fifty-two weeks ended March 27, 2011 as compared to
$6,452,000 during the fifty-two weeks ended March 28, 2010.
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Revenues from franchise operations increased by 4.9% or $231,000 to
$4,989,000 during the fifty-two weeks ended March 27, 2011 as compared
to $4,758,000 during the fifty-two weeks ended March 28, 2010. Forty
new franchised units were opened during the fifty-two weeks ended
March 27, 2011, including our first two restaurants in Beijing, China.
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During the fiscal year ended March 27, 2011, we continued our stock
repurchase programs, acquiring 576,485 shares at a total cost of
approximately $9,254,000.
A trial on the claims relating to Nathan's termination of its License
Agreement with SMG took place between October 6 and October 13, 2010. On
October 13, 2010, an order was entered with the Court denying Nathan's
cross-motion and granting SMG's motion for summary judgment with respect
to SMG's claims relating to the sale of Nathan's proprietary seasonings
to SMG. On December 17, 2010, the Court ruled that Nathan's was not
entitled to terminate the License Agreement. On January 19, 2011, the
parties submitted an order which, among other things, assessed damages
against Nathan's for the seasonings claims. The order was entered on
February 4, 2011.
On March 4, 2011, Nathan's filed a notice of appeal seeking to appeal
the final judgment. Nathan's was required to secure the final judgment
pending an appeal, and on March 31, 2011, Nathan's entered into the
necessary agreements. On April 7, 2011, the Court entered a stipulation
and order which granted a stay of enforcement of the final judgment.
As a result of the Court's order, Nathan's recorded litigation accruals
totaling $4,909,701.44, inclusive of pre-judgment interest during the
fiscal year ended March 27, 2011, representing $2,939,000 or $0.53 per
share net of tax. Nathan's incurred incremental legal expenses in
connection with the SMG litigation of $258,000 during the fiscal year
ended March 27, 2011. Nathan's has also recorded interest expense of
$38,000 or $0.01 per share, net of tax, representing required
post-judgment interest of 9% per annum through March 27, 2011.
Certain Non-GAAP Financial Information:
In addition to disclosing results that are determined in accordance with
Generally Accepted Accounting Principles in the United States of America
("GAAP"), the Company has provided its Non- GAAP earnings and earnings
per diluted share as adjusted for the litigation expenses described
above, including the interest expense that has accrued during the
appeals process through the end of the fiscal year, that the Company
believes impacts the comparability of its results of operations.
The Company believes that such non-GAAP financial information is useful
to investors to assist in assessing and understanding the Company's
operating performance and underlying trends in the Company's business
because management considers the litigation expenses referred to above
to be outside the Company's normal operating results. This non-GAAP
financial information is among the indicators management uses as a basis
for evaluating the Company's financial and operating performance.
The presentation of this additional non-GAAP financial information is
not meant to be considered in isolation or as a substitute for, or
alternative to, earnings and earnings per diluted share determined in
accordance with GAAP. Analysis of results and outlook on a non-GAAP
basis should be used as a complement to, and in conjunction with, data
presented in accordance with GAAP.
About Nathan's Famous
Nathan's products are currently distributed in 50 states, the District
of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, the Cayman
Islands and six foreign countries through its restaurant system,
foodservice sales programs and retail licensing activities. The Nathan's
restaurant system currently consists of 269 units, comprised of 264
franchised or licensed units and five company-owned units (including one
seasonal unit). For additional information about Nathan's please visit
our website at www.nathansfamous.com.
Except for historical information contained in this news release, the
matters discussed are forward looking statements that involve risks and
uncertainties.Words such as "anticipate", "believe", "estimate",
"expect", "intend", and similar expressions identify forward-looking
statements, which are based on the current belief of the Company's
management, as well as assumptions made by and information currently
available to the Company's management.Among the factors that
could cause actual results to differ materially are the following: the
outcome of any appeals of the Court's decision, the timing of any cash
payment due under the judgment, and the tax impact of the judgment; the
effect of business and economic conditions; the impact of competitive
products and pricing; the ability to obtain an adequate supply of beef
and other food products at competitive prices; capacity; the regulatory
and trade environment; and the risk factors reported from time to time
in the Company's SEC reports. The Company does not undertake any
obligation to update such forward-looking statements.
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Nathan's Famous, Inc.
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Financial Highlights
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Thirteen weeks ended
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Fifty-two weeks ended
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Mar. 27, 2011
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Mar. 28, 2010
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Mar. 27, 2011
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Mar. 28, 2010
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(unaudited)
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(unaudited)
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Total revenues
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$
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12,268,000
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$
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10,524,000
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$
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57,255,000
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$
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50,876,000
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Net income
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$
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555,000
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$
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791,000
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$
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2,213,000
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$
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5,569,000
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Basic income per share
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Net income
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$
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0.11
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$
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0.14
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$
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0.41
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$
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1.00
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Diluted income per share
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Net income
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$
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0.11
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$
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0.14
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$
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0.40
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$
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0.97
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Weighted-average shares used in
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computing income per share
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Basic
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5,094,000
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5,618,000
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5,403,000
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5,563,000
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Diluted
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5,190,000
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5,710,000
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5,504,000
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5,716,000
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Nathan's Famous, Inc.
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Reconciliation of GAAP and Non-GAAP Measures
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Thirteen weeks ended
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Fifty-two weeks ended
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Mar. 27, 2011
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Mar. 28, 2010
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Mar. 27, 2011
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Mar. 28, 2010
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(unaudited)
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(unaudited)
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NET INCOME
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Net income
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$
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555,000
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$
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791,000
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$
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2,213,000
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$
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5,569,000
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Litigation accrual, (net of tax)
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-
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2,939,000
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Legal expense (a), (net of tax)
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4,000
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67,000
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376,000
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218,000
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Interest expense (b), (net of tax)
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38,000
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38,000
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Non-GAAP income
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$
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597,000
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$
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858,000
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$
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5,566,000
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$
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5,787,000
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DILUTED INCOME PER SHARE
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Net income
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$
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0.11
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$
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0.14
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$
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0.40
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$
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0.97
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Litigation accrual, (net of tax)
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-
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0.53
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Legal expense (a), (net of tax)
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0.00
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0.01
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0.07
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0.04
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Interest expense (b), (net of tax)
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0.01
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0.01
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Non-GAAP income per share
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$
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0.12
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$
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0.15
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$
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1.01
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$
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1.01
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(a) Represents legal expense incurred in connection with the SMG matter
during the respective periods.
(b) Represents accrued interest expense incurred in connection with
Nathan's appeal of the SMG damages award.

SOURCE: Nathan's Famous, Inc.
Nathan's Famous, Inc. Ronald G. DeVos, 516-338-8500 ext. 229 Vice President - Finance and CFO
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