EX-99.1 2 a04-14043_1ex99d1.htm EX-99.1

Exhibit 99.1

 

 

Final: For Release

 

Company Contact:

 

 

Ronald Ristau

 

 

Chief Operating Officer

 

 

Chief Financial Officer

 

 

(212) 884-2000

 

 

 

 

 

Investor/Media Contact:

 

 

Integrated Corporate Relations

 

 

(203) 682-8200

 

 

Investor: Allison Malkin

 

 

Media: Megan McDonnell

 

 

NEW YORK & COMPANY, INC. ANNOUNCES THIRD QUARTER AND NINE MONTHS FISCAL 2004 RESULTS

Net Sales Increase 8.5%, Operating Profit Increases 15.8% and Adjusted Operating Profit
Increases 43.8% for the Third Quarter

 

New York, NY – November 23, 2004 – New York & Company, Inc. [NYSE:NWY], a specialty apparel chain with 486 stores open as of October 30, 2004, today announced financial results for the third quarter and nine months ended October 30, 2004.

 

Net sales for the third quarter increased 8.5% to $242.3 million from $223.4 million in the third quarter of fiscal 2003.  Comparable store sales for the third quarter increased 7.0%.  Gross profit for the third quarter increased 19.1% to $85.5 million, or 35.3% of net sales compared to $71.8 million, or 32.1% of net sales in the third quarter of fiscal 2003.  Operating income increased 15.8% to $18.3 million, or 7.6% of net sales compared to $15.8 million, or 7.0% of net sales in the third quarter of fiscal 2003.  The net loss to common stockholders was $4.6 million, or $(0.10) per diluted share, compared to net income of $5.8 million, or $0.10 per diluted share in the third quarter of fiscal 2003.  Third quarter fiscal 2004 results include certain charges, which the Company does not expect to incur in the future relating to its recent initial public offering, refinancings and terminated advisory services agreement.

 

After adding back these charges, which the Company does not expect to incur in the future, adjusted operating profits were $23.0 million, increasing 43.8% compared to the prior year.  The Company’s adjusted net income available for common stockholders, excluding these items and the related tax effect, was $11.8 million or $0.23 per diluted share, compared to $8.1 million or $0.15 per diluted share in the third quarter of fiscal 2003.  Exhibits (4) and (5) at the end of this release reconcile operating profit and net income for the third quarters of 2004 and 2003 to non-GAAP adjusted operating profit and non-GAAP adjusted net income for the third quarters of 2004 and 2003.

 

During the quarter, the Company opened 13 new stores and ended the quarter operating 486 stores.  Selling square footage at quarter end declined 4.6% to 3,293,878 square feet from 3,454,173

 

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square feet at the end of the third quarter last year.  The reduction in square footage is due to the Company’s productivity improvement program and the closure of non-performing stores.

 

 Net sales for the first nine months of fiscal 2004 increased 11.7% to $737.2 million from $659.8 million in the first nine months of fiscal 2003.  Comparable store sales for the first nine months of fiscal 2004 increased 11.7%.  Gross profit for the first nine months of fiscal 2004 increased 37.6% to $257.5 million, or 34.9% of net sales compared to $187.2 million, or 28.4% of net sales in the first nine months of fiscal 2003.  Operating income for the first nine months of fiscal 2004 increased $39.8 million, or 168.6% to $63.4 million, representing 8.6% of net sales, compared to $23.6 million, or 3.6% of net sales for the first nine months of fiscal 2003.  The net loss to common stockholders was $0.6 million, or $(0.01) per diluted share, compared to net income to common stockholders of $3.4 million, or $0.06 per diluted share for the first nine months of fiscal 2003.  The results for the first nine months of fiscal 2004 include certain charges, which the Company does not expect to incur in the future relating to its recent initial public offering, refinancings and terminated advisory services agreement.

 

After adding back these charges, which the Company does not expect to incur in the future, adjusted operating profits for the first nine month period of fiscal 2004 were $73.9 million, increasing 202.9% compared to prior year operating profits.  The Company’s adjusted net income available for common stockholders, excluding these items and the related tax effect, was $38.9 million or $0.76 per diluted share, compared to $10.0 million or $0.19 per diluted share in the prior year nine month period.  Exhibits (6) and (7) at the end of this release reconcile operating profit and net income for the first nine months of 2004 and 2003 to non-GAAP adjusted operating profit and non-GAAP net income for the first nine months of 2004 and 2003.

 

Richard P. Crystal, New York & Company’s Chairman, President and CEO stated: “Our third quarter results demonstrate the success of our store expansion, merchandising and marketing strategies and adherence to our disciplined operating model.  Our new store and remodel program is exceeding expectations, the rollout of our side by side apparel/accessory stores continues to be successful and customers continue to react favorably to our merchandise and marketing.  In addition, inventory efficiency continues to improve with inventory turn increasing by 13.3% in the third quarter.  We are pleased with our merchandise and inventory position as we enter the fourth quarter, and are on track to achieve all of our key goals for this year.”

 

Outlook

 

The Company is introducing sales and earnings guidance for the fourth quarter of fiscal 2004 and fiscal years 2004 and 2005.

 

For the fourth quarter of fiscal 2004, the Company currently estimates net sales in the range of $319.0 million to $327.0 million, an increase of 5.7% to 8.3%, compared to actual fourth quarter fiscal 2003 net sales of $301.9 million.  Included in this estimate is for comparable store sales to increase in the low to mid single digits.  Net income available to common stockholders is estimated in the range of $23.8 million to $26.0 million, compared to $13.3 million in the fourth quarter of fiscal 2003.  Fourth quarter fiscal 2004 diluted earnings per share are estimated in the range of $0.42 to $0.46, compared to actual fourth quarter fiscal 2003 diluted earnings per share of $0.23.  The Company expects diluted shares outstanding to approximate 56.65 million shares in the fourth quarter of fiscal 2004, compared to actual fourth quarter fiscal 2003 shares of 56.58 million shares.

 

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For the fiscal 2004 year, the Company currently estimates net sales in the range of $1,056.0 million to $1,064.0 million, an increase of 9.8% to 10.6%, compared to actual fiscal 2003 net sales of $961.8 million.  Fiscal 2004 net income available to common stockholders on a GAAP basis is estimated in the range of $23.0 million to $26.0 million, or $0.44 to $0.49 per diluted share, compared to actual net income available to common stockholders of $16.7 million, or $0.31 per diluted share in fiscal 2003.  The results for fiscal 2004 include certain charges, which the Company does not expect to incur in the future relating to its recent initial public offering, refinancings and terminated advisory services agreement.

 

After adding back these charges, which the Company does not expect to incur in the future, adjusted income available to common stockholders is estimated in the range of $62.5 million to $65.5 million, or $1.19 to $1.24 per diluted share, compared to adjusted net income available to common stockholders of $26.9 million, or $0.50 per diluted share in fiscal 2003.  Exhibit (8) at the end of this release reconciles net income for fiscal 2004 and 2003 to non-GAAP adjusted net income for fiscal 2004 and 2003.

 

Capital spending for fiscal 2004 is projected at $44.0 million with 26 new stores and 40 remodels completed.  The Company expects to have 22 side by side apparel/accessory stores in operation at fiscal year-end.

 

For the fiscal 2005 year, the Company currently estimates net sales in the range of $1,135.0 million to $1,150.0 million.  Included in this estimate is for comparable store sales to rise in the low to mid single digits.  The Company expects to open 40 new stores and remodel between 40 to 50 stores during the year, ending the year operating 510 stores.  Total selling square footage at fiscal year-end 2005 is estimated at 3,276,000, compared to an estimated 3,182,000 selling square feet at fiscal year-end 2004.  Capital spending is estimated to range between $56.0 million and $58.0 million in fiscal 2005.  Fiscal 2005 net income available to common stockholders is estimated in the range of $74.0 million to $78.0 million, or $1.27 to $1.34 per diluted share.  The Company expects diluted shares outstanding to be approximately 58.10 million in fiscal 2005.

 

On October 6, 2004, New York and Company, Inc. priced its initial public offering of 11.50 million shares at $17 per share, which included the underwriter’s over-allotment option for 1.50 million shares.  Of the total offering, the Company sold 6.67 million shares, raising net proceeds of approximately $105.4 million, before paying approximately $3.1 million in offering expenses.

 

 

Conference Call Information

 

A conference call to discuss third quarter 2004 results is scheduled for today (Tuesday, November 23) at 9:00 AM Eastern Time.  Investors and analysts interested in participating in the call are invited to dial (888) 560-1989 approximately ten minutes prior to the start of the call.  The conference call will also be web-cast live at www.nyandcompany.com.  A replay of this call will be available until November 30, 2004 and can be accessed by dialing (877) 519-4471 and entering code 5336422.

 

Forward-Looking Statements: This press release contains certain forward-looking statements.  Such statements are subject to various risks and uncertainties that could cause actual results to differ materially.  These include, but are not limited to:  (i) our ability to open and operate new stores successfully; (ii) seasonal

 

3



 

fluctuations in our business; (iii) our ability to anticipate and respond to fashion trends and launch new product lines successfully; (iv) general economic conditions, consumer confidence and spending patterns; (v) our dependence on mall traffic for our sales; (vi) the susceptibility of our business to extreme and/or unseasonable weather conditions; (vii) our ability to retain and recruit key personnel; (viii) our reliance on third parties to manage some aspects of our business; (ix) changes in the cost of raw materials and labor; (x) our reliance on foreign sources of production; (xi) the ability of our manufacturers to manufacture and deliver products in a timely manner while meeting our quality standards; (xii) our reliance on manufacturers to maintain ethical business practices; (xiii) our ability to protect our trademarks and other intellectual property rights; (xiv) our dependence on the success of our brand; (xv) competition in our market, including promotional and pricing competition; (xvi) the effects of government regulation; (xvii) the control of our company by our sponsors and (xviii) other risks and uncertainties as described in our documents filed with the SEC, including our Registration Statement on Form S-1.  We undertake no obligation to revise the forward-looking statements included in this press release to reflect any future events or circumstances.

 

About New York & Company

 

New York & Company, Inc., founded in 1918, is a leading specialty retailer of fashion-oriented, moderately-priced women’s apparel.  The company’s proprietary branded New York & Company merchandise is sold exclusively through its national network of 486 retail stores in 43 states.  Additionally, certain product, press release and SEC filing information concerning the Company are available at the Company’s website www.nyandcompany.com.

 

4



 

Exhibit (1)

 

New York & Company, Inc. and Subsidiaries

Consolidated Statements of Operations

(Unaudited)

 

(Amounts in thousands, except per share amounts)

 

Three Months
Ended
October 30,
2004

 

Three Months
Ended
November 1,
2003

 

Nine Months
Ended
October 30,
2004

 

Nine Months
Ended
November 1,
2003

 

Net sales

 

$

242,264

 

$

223,385

 

$

737,183

 

$

659,845

 

 

 

 

 

 

 

 

 

 

 

Costs of goods sold, buying and occupancy costs

 

156,759

 

151,577

 

479,715

 

472,674

 

 

 

 

 

 

 

 

 

 

 

Gross profit

 

85,505

 

71,808

 

257,468

 

187,171

 

 

 

 

 

 

 

 

 

 

 

Selling, general and administrative expenses

 

67,156

 

55,969

 

194,028

 

163,589

 

 

 

 

 

 

 

 

 

 

 

Operating income

 

18,349

 

15,839

 

63,440

 

23,582

 

 

 

 

 

 

 

 

 

 

 

Interest expense, net of interest income

 

3,008

 

2,737

 

7,686

 

8,420

 

 

 

 

 

 

 

 

 

 

 

Accrued dividends-redeemable preferred stock (a)

 

 

 

2,703

 

 

 

 

 

 

 

 

 

 

 

 

Loss on modification and extinguishment of debt

 

1,682

 

 

2,034

 

 

 

 

 

 

 

 

 

 

 

 

Loss on derivative instrument (LFAS, Inc. warrant)

 

12,630

 

 

29,398

 

 

 

 

 

 

 

 

 

 

 

 

Income before income taxes

 

1,029

 

13,102

 

21,619

 

15,162

 

 

 

 

 

 

 

 

 

 

 

Provision for income taxes

 

5,659

 

5,152

 

22,192

 

5,608

 

 

 

 

 

 

 

 

 

 

 

Net income (loss)

 

(4,630

)

7,950

 

(573

)

9,554

 

 

 

 

 

 

 

 

 

 

 

Accrued dividends-redeemable preferred stock (a)

 

 

2,138

 

 

6,157

 

 

 

 

 

 

 

 

 

 

 

Net income (loss) available for common stockholders

 

$

(4,630

)

$

5,812

 

$

(573

)

$

3,397

 

 

 

 

 

 

 

 

 

 

 

Basic earnings (loss) per share:

 

$

(0.10

)

$

0.13

 

$

(0.01

)

$

0.08

 

 

 

 

 

 

 

 

 

 

 

Diluted earnings (loss) per share:

 

$

(0.10

)

$

0.10

 

$

(0.01

)

$

0.06

 

 

 

 

 

 

 

 

 

 

 

Weighted average shares outstanding:

 

 

 

 

 

 

 

 

 

Basic

 

47,488

 

43,761

 

45,505

 

43,761

 

 

 

 

 

 

 

 

 

 

 

Diluted

 

47,488

 

55,445

 

45,505

 

52,861

 

 


(a)          Represents accrued dividends on Series A preferred stock.  In May 2004, the Company redeemed substantially all of its Series A preferred stock.

 

5



 

Exhibit (2)

 

New York & Company, Inc. and Subsidiaries

Condensed Consolidated Balance Sheets

 

(Amounts in thousands)

 

October 30,
2004

 

January 31,
2004

 

November 1,
2003

 

 

 

(Unaudited)

 

(Audited)

 

(Unaudited)

 

Assets

 

 

 

 

 

 

 

Current assets:

 

 

 

 

 

 

 

Cash and cash equivalents

 

$

33,285

 

$

98,798

 

$

63,576

 

Inventories, net

 

108,316

 

78,220

 

114,362

 

Other current assets

 

40,044

 

28,055

 

36,653

 

Total current assets

 

181,645

 

205,073

 

214,591

 

 

 

 

 

 

 

 

 

Property and equipment, net

 

87,318

 

64,052

 

59,879

 

Other assets

 

19,167

 

20,476

 

23,513

 

Total assets

 

$

288,130

 

$

289,601

 

$

297,983

 

 

 

 

 

 

 

 

 

Liabilities and stockholders’ equity (deficit)

 

 

 

 

 

 

 

Current liabilities:

 

 

 

 

 

 

 

Accounts payable

 

$

64,738

 

$

47,771

 

$

63,935

 

Accrued expenses

 

50,418

 

53,491

 

49,999

 

Other current liabilities

 

1,108

 

10,118

 

5,141

 

Total current liabilities

 

116,264

 

111,380

 

119,075

 

 

 

 

 

 

 

 

 

Long-term debt

 

75,000

 

82,500

 

95,180

 

Other liabilities

 

12,250

 

13,002

 

16,506

 

Total liabilities

 

203,514

 

206,882

 

230,761

 

Commitments and contingencies

 

 

 

 

 

 

 

 

 

 

 

 

Series A redeemable preferred stock

 

 

69,697

 

67,576

 

 

 

 

 

 

 

 

 

Total stockholders’ equity (deficit)

 

84,616

 

13,022

 

(354

)

Total liabilities and stockholders’ equity (deficit)

 

$

288,130

 

$

289,601

 

$

297,983

 

 

6



 

Exhibit (3)

 

New York & Company, Inc. and Subsidiaries

Unaudited Non-GAAP Condensed Consolidated Statement of Operations

(A Non-GAAP Financial Measure)

 

Use of Non-GAAP Financial Measures

 

The Company has provided non-GAAP adjusted earnings per share information for the three and nine months ended October 30, 2004 and November 1, 2003 and the full fiscal years 2004 and 2003 in this release, in addition to providing financial results in accordance with GAAP.  This information reflects, on a non-GAAP adjusted basis, the Company’s operating income, net earnings and earnings per diluted share after excluding the effects of transactions which resulted from the Company’s recent initial public offering, refinancings and terminated advisory services agreement.  This non-GAAP financial information is provided to enhance the user’s overall understanding of the Company’s current financial performance.  Specifically, the Company believes the non-GAAP adjusted results provide useful information to both management and investors by excluding expenses that the Company believes are not indicative of the Company’s core operating results.  The non-GAAP financial information should be considered in addition to, not as a substitute for or as being superior to, operating income, cash flows, or other measures of financial performance prepared in accordance with GAAP.  A reconciliation of this non-GAAP information to the Company’s actual results for the three and nine months ended October 30, 2004 and November 1, 2003 and the full fiscal years 2004 and 2003 are as follows:

 

7



 

Exhibit (4)

 

New York & Company, Inc. and Subsidiaries

Unaudited Non-GAAP Condensed Consolidated Statement of Operations

(A Non-GAAP Financial Measure)

 

 

 

 

Three Months Ended October 30, 2004

 

(Amounts in thousands, except per share amounts)

 

GAAP
Results

 

Non-GAAP
Adjustments

 

Non-GAAP
Adjusted Results

 

Net sales

 

$

242,264

 

$

 

$

242,264

 

 

 

 

 

 

 

 

 

Costs of goods sold, buying and occupancy costs

 

156,759

 

 

156,759

 

 

 

 

 

 

 

 

 

Gross profit

 

85,505

 

 

85,505

 

 

 

 

 

 

 

 

 

Selling, general and administrative expenses

 

67,156

 

(4,690

)(a)

62,466

 

 

 

 

 

 

 

 

 

Operating income

 

18,349

 

4,690

 

23,039

 

 

 

 

 

 

 

 

 

Interest expense, net of interest income

 

3,008

 

 

3,008

 

 

 

 

 

 

 

 

 

Loss on modification and extinguishment of debt

 

1,682

 

(1,682

)

 

 

 

 

 

 

 

 

 

Loss on derivative instrument (LFAS, Inc. warrant)

 

12,630

 

(12,630

)(b)

 

 

 

 

 

 

 

 

 

Income before income taxes

 

1,029

 

19,002

 

20,031

 

 

 

 

 

 

 

 

 

Provision for income taxes

 

5,659

 

2,600

(c)

8,259

 

 

 

 

 

 

 

 

 

Net income (loss) available for common stockholders

 

$

(4,630

)

$

16,402

 

$

11,772

 

 

 

 

 

 

 

 

 

Basic earnings (loss) per share:

 

$

(0.10

)

 

 

$

0.25

 

 

 

 

 

 

 

 

 

Diluted earnings (loss) per share:

 

$

(0.10

)

 

 

$

0.23

 

 

 

 

 

 

 

 

 

Weighted average shares outstanding:

 

 

 

 

 

 

 

Basic

 

47,488

 

 

 

47,488

 

 

 

 

 

 

 

 

 

Diluted

 

47,488

 

 

 

51,683

 

 


(a)          Amount represents advisory services fees paid to Bear Stearns Merchant Banking.  The advisory services agreement ended upon completion of the initial public offering.

 

(b)         Represents the mark-to-market on a one-time obligation to Limited Brands, Inc. for the repurchase of the warrant.  The final cost was established at the completion of the initial public offering and the Company paid Limited Brands, Inc. $45.7 million in full payment of the obligation.

 

(c)          Represents the tax effect of charges the Company does not expect to incur in the future.  The loss on derivative instrument is a permanent difference for tax purposes.

 

8



 

Exhibit (5)

 

New York & Company, Inc. and Subsidiaries

Unaudited Non-GAAP Condensed Consolidated Statement of Operations

(A Non-GAAP Financial Measure)

 

 

 

Three Months Ended November 1, 2003

 

(Amounts in thousands, except per share amounts)

 

GAAP
Results

 

Non-GAAP
Adjustments

 

Non-GAAP
Adjusted Results

 

Net sales

 

$

223,385

 

$

 

$

223,385

 

 

 

 

 

 

 

 

 

Costs of goods sold, buying and occupancy costs

 

151,577

 

 

151,577

 

 

 

 

 

 

 

 

 

Gross profit

 

71,808

 

 

71,808

 

 

 

 

 

 

 

 

 

Selling, general and administrative expenses

 

55,969

 

(188

)(a)

55,781

 

 

 

 

 

 

 

 

 

Operating income

 

15,839

 

188

 

16,027

 

 

 

 

 

 

 

 

 

Interest expense, net of interest income

 

2,737

 

 

2,737

 

 

 

 

 

 

 

 

 

Income before income taxes

 

13,102

 

188

 

13,290

 

 

 

 

 

 

 

 

 

Provision for income taxes

 

5,152

 

77

(b)

5,229

 

 

 

 

 

 

 

 

 

Net income

 

7,950

 

111

 

8,061

 

 

 

 

 

 

 

 

 

Accrued dividends – redeemable preferred stock

 

2,138

 

(2,138

)(c)

 

 

 

 

 

 

 

 

 

Net income available for common stockholders

 

$

5,812

 

$

2,249

 

$

8,061

 

 

 

 

 

 

 

 

 

Basic earnings per share:

 

$

0.13

 

 

 

$

0.18

 

 

 

 

 

 

 

 

 

Diluted earnings per share:

 

$

0.10

 

 

 

$

0.15

 

 

 

 

 

 

 

 

 

Weighted average shares outstanding:

 

 

 

 

 

 

 

Basic

 

43,761

 

 

 

43,761

 

 

 

 

 

 

 

 

 

Diluted

 

55,445

 

 

 

55,445

 

 


(a)          Represents advisory services fees paid to Bear Stearns Merchant Banking.  The advisory services agreement ended upon completion of the initial public offering.

 

(b)         Represents the tax effect of the charges the Company does not expect to incur in the future.  Accrued dividends-redeemable preferred stock is a permanent difference for tax purposes.

 

(c)          Represents accrued dividends on Series A preferred stock.  In May 2004, the Company redeemed substantially all of it Series A preferred stock.

 

9



 

Exhibit (6)

 

New York & Company, Inc. and Subsidiaries

Unaudited Non-GAAP Condensed Consolidated Statement of Operations

(A Non-GAAP Financial Measure)

 

 

 

 

Nine Months Ended October 30, 2004

 

(Amounts in thousands, except per share amounts)

 

GAAP
Results

 

Non-GAAP
Adjustments

 

Non-GAAP
Adjusted Results

 

Net sales

 

$

737,183

 

$

 

$

737,183

 

 

 

 

 

 

 

 

 

Costs of goods sold, buying and occupancy costs

 

479,715

 

 

479,715

 

 

 

 

 

 

 

 

 

Gross profit

 

257,468

 

 

257,468

 

 

 

 

 

 

 

 

 

Selling, general and administrative expenses

 

194,028

 

(10,428

)(a),(b)

183,600

 

 

 

 

 

 

 

 

 

Operating income

 

63,440

 

10,428

 

73,868

 

 

 

 

 

 

 

 

 

Interest expense, net of interest income

 

7,686

 

 

7,686

 

 

 

 

 

 

 

 

 

Accrued dividends-redeemable preferred stock

 

2,703

 

(2,703

)(c)

 

 

 

 

 

 

 

 

 

Loss on modification and extinguishment of debt

 

2,034

 

(2,034

)

 

 

 

 

 

 

 

 

 

Loss on derivative instrument (LFAS, Inc. warrant)

 

29,398

 

(29,398

)(d)

 

 

 

 

 

 

 

 

 

Income before income taxes

 

21,619

 

44,563

 

66,182

 

 

 

 

 

 

 

 

 

Provision for income taxes

 

22,192

 

5,084

(e)

27,276

 

 

 

 

 

 

 

 

 

Net income (loss) available for common stockholders

 

$

(573

)

$

39,479

 

$

38,906

 

 

 

 

 

 

 

 

 

Basic earnings (loss) per share:

 

$

(0.01

)

 

 

$

0.86

 

 

 

 

 

 

 

 

 

Diluted earnings (loss) per share:

 

$

(0.01

)

 

 

$

0.76

 

 

 

 

 

 

 

 

 

Weighted average shares outstanding:

 

 

 

 

 

 

 

Basic

 

45,505

 

 

 

45,505

 

 

 

 

 

 

 

 

 

Diluted

 

45,505

 

 

 

51,411

 

 


(a)          Includes $6.1 million of advisory services fees paid to Bear Stearns Merchant Banking.  The advisory services agreement ended upon completion of the initial public offering.

 

(b)         Includes $4.3 million of non-cash stock-based compensation related to a significant one-time grant of 630,663 options to certain key executives in May 2004, upon completion of refinancings and the repurchase of the warrant from the Limited Brands, Inc.

 

(c)          Represents accrued dividends on Series A preferred stock.  In May 2004, the Company redeemed substantially all of its Series A preferred stock.

 

(d)         Represents the mark-to-market on a one-time obligation to Limited Brands, Inc. for the repurchase of the warrant.  The final cost was established at the completion of the initial public offering and the Company paid Limited Brands, Inc. $45.7 million in full payment of the obligation.

 

(e)          Represents the tax effect of certain charges the Company does not expect to incur in the future.  The loss on derivative instrument and accrued dividends-redeemable preferred stock are permanent differences for tax purposes.

 

10



 

Exhibit (7)

 

New York & Company, Inc. and Subsidiaries

Unaudited Non-GAAP Condensed Consolidated Statement of Operations

(A Non-GAAP Financial Measure)

 

 

 

Nine Months Ended November 1, 2003

 

(Amounts in thousands, except per share amounts)

 

GAAP
Results

 

Non-GAAP
Adjustments

 

Non-GAAP
Adjusted Results

 

Net sales

 

$

659,845

 

$

 

$

659,845

 

 

 

 

 

 

 

 

 

Costs of goods sold, buying and occupancy costs

 

472,674

 

 

472,674

 

 

 

 

 

 

 

 

 

Gross profit

 

187,171

 

 

187,171

 

 

 

 

 

 

 

 

 

Selling, general and administrative expenses

 

163,589

 

(773

)(a)

162,816

 

 

 

 

 

 

 

 

 

Operating income

 

23,582

 

773

 

24,355

 

 

 

 

 

 

 

 

 

Interest expense, net of interest income

 

8,420

 

 

8,420

 

 

 

 

 

 

 

 

 

Income before income taxes

 

15,162

 

773

 

15,935

 

 

 

 

 

 

 

 

 

Provision for income taxes

 

5,608

 

315

(b)

5,923

 

 

 

 

 

 

 

 

 

Net income

 

9,554

 

458

 

10,012

 

 

 

 

 

 

 

 

 

Accrued dividends – redeemable preferred stock

 

6,157

 

(6,157

)(c)

 

 

 

 

 

 

 

 

 

Net income available for common stockholders

 

$

3,397

 

$

6,615

 

$

10,012

 

 

 

 

 

 

 

 

 

Basic earnings per share:

 

$

0.08

 

 

 

$

0.23

 

 

 

 

 

 

 

 

 

Diluted earnings per share:

 

$

0.06

 

 

 

$

0.19

 

 

 

 

 

 

 

 

 

Weighted average shares outstanding:

 

 

 

 

 

 

 

Basic

 

43,761

 

 

 

43,761

 

 

 

 

 

 

 

 

 

Diluted

 

52,861

 

 

 

52,861

 

 


(a)          Represents advisory services fees paid to Bear Stearns Merchant Banking.  The advisory services agreement ended upon completion of the initial public offering.

 

(b)         Represents the tax effect of the charges the Company does not expect to incur in the future.  Accrued dividends-redeemable preferred stock is a permanent difference for income tax purposes.

 

(c)          Represents accrued dividends on Series A preferred stock.  In May 2004, the Company redeemed substantially all of it Series A preferred stock.

 

11



 

Exhibit (8)

 

New York & Company, Inc. and Subsidiaries

A Non-GAAP Financial Measure

 

 

 

Fiscal 2004 – Guidance Range

 

Fiscal 2003

 

(Amounts in thousands, except per share amounts)

 

Low

 

High

 

Actual

 

GAAP net income available for common stockholders

 

$

23,000

 

$

26,000

 

$

16,663

 

 

 

 

 

 

 

 

 

Non recurring charges:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Advisory services fees (a)

 

6,088

 

6,088

 

1,940

 

 

 

 

 

 

 

 

 

Stock-based non-cash compensation relating to options granted to executives in May 2004

 

4,340

 

4,340

 

 

 

 

 

 

 

 

 

 

Accrued dividends-redeemable preferred stock

 

2,703

 

2,703

 

8,363

 

Loss on modification and extinguishment of debt

 

2,034

 

2,034

 

1,194

 

Loss on derivative instrument
(LFAS, Inc. warrant) (b)

 

29,398

 

29,398

 

 

 

 

 

 

 

 

 

 

Subtotal

 

44,563

 

44,563

 

11,497

 

 

 

 

 

 

 

 

 

Provision for income taxes (c)

 

5,084

 

5,084

 

1,279

 

 

 

 

 

 

 

 

 

Net earnings effect

 

39,479

 

39,479

 

10,218

 

 

 

 

 

 

 

 

 

Adjusted net income available for common stockholders

 

$

62,479

 

$

65,479

 

$

26,881

 

 

 

 

 

 

 

 

 

Diluted earnings per share:

 

$

1.19

 

$

1.24

 

$

0.50

 

 

 

 

 

 

 

 

 

Weighted average shares outstanding:

 

 

 

 

 

 

 

Diluted

 

52,723

 

52,723

 

53,792

 

 


(a)          Represents advisory services fees paid to Bear Stearns Merchant Banking.  The advisory services agreement ended upon completion of the initial public offering.

 

(b)         Represents the mark-to-market on a one-time obligation to Limited Brands, Inc. for the repurchase of the warrant.  The final cost was established at the completion of the initial public offering and the Company paid Limited Brands, Inc. $45.7 million to settle the obligation.

 

(c)          Represents the tax effect of certain charges the Company does not expect to incur in the future. The loss on derivative instrument and accrued dividends-redeemable preferred stock are permanent differences for income tax purposes.

 

12