EX-99.1 2 p16177exv99w1.htm EX-99.1 exv99w1
Exhibit 99.1
     
 
  Apollo Group, Inc.
(APOLLO GROUP INC. LOGO)
   
 
  News Release
APOLLO GROUP, INC. REPORTS FISCAL 2009
FOURTH QUARTER AND YEAR END RESULTS
Phoenix, Arizona, October 27, 2009 — Apollo Group, Inc. (NASDAQ: APOL) (“Apollo Group,” “Apollo” or the “Company”) today reported financial results for the three months and fiscal year ended August 31, 2009.
“We are pleased to report another quarter of excellent financial and operating performance for the fourth quarter of fiscal 2009,” said Apollo Group Co-Chief Executive Officer Chas Edelstein. “We continue to focus on enhancing the student experience and delivering quality academic programs that are relevant to today’s working learner. The combination of these efforts is being recognized in the marketplace and resulted in solid enrollments and continued improvement in the retention of our current students.”
Apollo Group Co-Chief Executive Officer and Apollo Global Chairman Greg Cappelli added, “We also continue to execute on our strategy by investing to maximize the value of the University of Phoenix, including a focus on our admissions process to more effectively reach students who retain at higher rates, while expanding intelligently both domestically and globally as evidenced by our acquisition of BPP, which closed during the fourth quarter. We believe that a superior student experience, enabled by our talented and engaged faculty and staff and education-based technology innovations, will result in long-term value for our shareholders.”
Unaudited Fourth Quarter of Fiscal 2009 Results of Operations
Consolidated net revenue for the three months ended August 31, 2009, totaled $1,075.8 million, which represents a 29.4% increase over the fourth quarter of fiscal 2008. Contributing to the growth in the fourth quarter was a 22.3% year-over-year increase in University of Phoenix total Degreed Enrollment to 443,000. The Company reported net income for the three months ended August 31, 2009, of $91.5 million, or $0.59 per share (155.7 million weighted average diluted shares outstanding), compared to net income of $229.6 million, or $1.43 per share (160.1 million weighted average diluted shares outstanding) for the three months ended August 31, 2008.
The fiscal 2009 fourth quarter results contain special items totaling pre-tax charges of $95.4 million ($69.4 million net of tax), including an accrual for an estimated litigation settlement of $80.5 million, a $9.4 million write-off of information technology fixed assets that resulted primarily from the Company’s rationalization of software, a $5.5 million charge, net of minority interest, representing the option premium for a currency hedge in connection with Apollo Global’s acquisition of BPP Holdings plc (“BPP”) and a discrete charge to the income tax provision of $4.7 million due to the write-off of a deferred tax asset as a result of certain disallowed deductions associated with share-based compensation related to options exercised by

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an executive during the fourth quarter. Included in the fiscal 2008 fourth quarter results is a reversal of a previously-accrued litigation loss associated with a securities matter of $170.0 million when the earlier judgment was vacated, as well as a $9.5 million gain from a third party’s forfeiture of an escrow deposit in connection with a now-cancelled agreement to sell and lease back the Company’s headquarters buildings.
Excluding these special items, net income for the three months ended August 31, 2009, was $165.6 million, or $1.06 per share, compared to net income of $120.5 million, or $0.75 per share for the three months ended August 31, 2008. (See the reconciliation of GAAP financial information to non-GAAP financial information in the tables section of this press release.)
In the fourth quarter of fiscal 2009, BPP’s operations contributed $13.1 million to revenue and reduced earnings per share by approximately $0.03. Apollo Global completed the acquisition of BPP, a UK-based provider of education and training mainly to professionals in the legal and finance industries on July 30, 2009. The final purchase price for BPP was $602 million.
On September 30, 2009, University of Phoenix, a subsidiary of Apollo Group, Inc., confirmed that it has entered into settlement discussions with plaintiffs to resolve the Incentive Compensation False Claims Act litigation pending in the U.S. District Court for the Eastern District of California. There is no assurance that a settlement will be reached. Pending the outcome of these discussions, University of Phoenix and the plaintiffs jointly requested a stay of all litigation proceedings for 45 days, which was granted on October 2, 2009. In connection with this matter, the Company recorded a pre-tax charge of $80.5 million in the fourth quarter of fiscal 2009 which is the Company’s best estimate of the loss to be incurred in connection with this matter, including associated expenses.
Instructional costs and services increased by $90.6 million, or 25.0% to $452.9 million for the three months ended August 31, 2009, compared to the three months ended August 31, 2008. As a percentage of net revenue, instructional costs and services declined 150 basis points to 42.1% versus 43.6% in the prior year’s fourth quarter. The reduction, as a percentage of revenue, was greater when excluding the impact of BPP’s operations in the fourth quarter of fiscal 2009. The improvement was predominantly due to University of Phoenix continuing to leverage its fixed costs, such as certain wages, classroom space and depreciation expense. University of Phoenix has grown its headcount at a slower rate than the increase in net revenue. The Company also benefited from savings due to lower negotiated contract costs in financial aid processing and other areas. This was partially offset by higher expenses at Apollo Global associated with its start-up, development and other infrastructure and support costs for the Company’s international operations, as well as, a 120 basis point increase to 4.2%, as a percentage of net revenue, in bad debt expense versus the fourth quarter of fiscal 2008. The increase in bad debt expense is primarily due to the increased risk of collecting aged receivables and lower collection rates on those receivables given the current economic downturn.
Selling and promotional expenses increased by $39.4 million, or 17.6%, to $262.5 million for the three months ended August 31, 2009, compared to the three months ended August 31, 2008. As a percentage of net revenue, selling and promotional expenses declined 240 basis points to 24.4% versus 26.8% in the prior year’s fourth quarter. The reduction, as a percentage of

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revenue, was slightly less when excluding the impact of BPP’s operations in the fourth quarter of fiscal 2009. The improvement was mainly a result of continued improvement in enrollment counselor effectiveness at University of Phoenix. Additionally, investments in marketing resulted in more effective and efficient advertising. The Company continues to invest in marketing to build greater brand identity as well as to drive and support future enrollment growth.
General and administrative (“G&A”) expenses increased by $41.3 million, or 86.0%, to $89.3 million, for the three months ended August 31, 2009, compared to the three months ended August 31, 2008. As a percentage of net revenue, G&A expenses increased 250 basis points to 8.3% versus 5.8% in the prior year’s fourth quarter. The increase is mainly attributable to the $9.4 million fixed asset write-off, discussed previously, and a lesser amount of compensation expense in the fourth quarter of fiscal 2008, related to the departure of certain senior executives. BPP’s operations had little impact on G&A expenses as a percentage of net revenue in the fourth quarter of fiscal 2009.
The Company’s effective tax rate for the fourth quarter of fiscal 2009 was 52.2%. The increase versus a year ago is principally attributable to higher state tax rates; the potential tax impact of the qui tam lawsuit settlement, which may not be fully deductible; and the write-off of the deferred tax assets discussed previously.
Financial and Operating Metrics
Below are Apollo Group’s unaudited financial data and operating metrics for the fourth quarter of fiscal 2009 versus the prior year period.

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    Q4 2009     Q4 2008  
Revenues (in thousands)
               
Degree Seeking Gross Revenues (1)
  $ 1,063,656     $ 820,139  
Less: Discounts and other
    (60,479 )     (45,382 )
 
           
Degree Seeking Net Revenues (1)
    1,003,177       774,757  
Non-degree Seeking Revenues (2)
    14,390       12,916  
Other, net of discounts (3)
    58,196       43,724  
 
           
 
  $ 1,075,763     $ 831,397  
 
           
 
               
Revenue by Degree Type (in thousands) (1)
               
Associates
  $ 399,907     $ 263,220  
Bachelors
    444,555       361,569  
Masters
    198,511       178,686  
Doctoral
    20,683       16,664  
Less: Discounts and other
    (60,479 )     (45,382 )
 
           
 
  $ 1,003,177     $ 774,757  
 
           
 
               
Degreed Enrollment (rounded to hundreds) (4)
               
Associates
    201,200       146,500  
Bachelors
    163,600       141,800  
Masters
    71,200       67,700  
Doctoral
    7,000       6,100  
 
           
 
    443,000       362,100  
 
           
 
               
Degree Seeking Gross Revenues per Degreed Enrollment (1) (4)
               
Associates
  $ 1,988     $ 1,797  
Bachelors
    2,717       2,550  
Masters
    2,788       2,639  
Doctoral
    2,955       2,732  
All degrees (after discounts)
    2,265       2,140  
Associates and Bachelors
  $ 2,315     $ 2,167  
 
               
New Degreed Enrollment (rounded to hundreds) (5)
               
Associates
    55,400       41,500  
Bachelors
    31,700       27,200  
Masters
    14,200       13,600  
Doctoral
    700       800  
 
           
 
    102,000       83,100  
 
           
 
(1)   Represents revenue from tuition and other fees for students enrolled in University of Phoenix degree programs. Also includes revenue from tuition and other fees for students participating in University of Phoenix certificate programs of at least 18 credit hours in length with some course applicability into a related degree program.
 
(2)   Represents revenue from tuition and other fees for students participating in University of Phoenix certificate programs less than 18 hours in length, certificate programs with no applicability into a related degree program, single course and continuing education courses.
 
(3)   Represents revenues from IPD, CFFP, Western International University (excluding associates degree students), Insight Schools, Apollo Global — BPP, Apollo Global — Other and other.
 
(4)   Represents individual students enrolled in a University of Phoenix degree program who attended a course during the quarter and did not graduate as of the end of the quarter. Degreed Enrollment for a quarter also includes any student who previously graduated from one degree program and started a new University of Phoenix degree program in the quarter (for example, a graduate of the associate’s degree program returns for a bachelor’s degree or a bachelor’s degree graduate returns for a master’s degree). In addition, Degreed Enrollment includes students participating in University of Phoenix certificate programs of at least 18 credit hours in length with some course applicability into a related degree program.
 
(5)   Represents any individual student enrolled in a University of Phoenix degree program who is a new student and started a course in the quarter, any individual student who previously graduated from one degree program and started a new degree program in the quarter (for example, a graduate of an associate’s degree program returns for a bachelor’s degree program, or a graduate of a bachelor’s degree program returns for a master’s degree), as well as any individual student who started a degree program in the quarter and had been out of attendance for greater than 12 months. In addition, New Degreed Enrollment includes students who in the quarter started participating in University of Phoenix certificate programs of at least 18 credit hours in length with some course applicability into a related degree program.
2009 Fiscal Year End Results of Operations
Consolidated net revenue for the fiscal year ended August 31, 2009, was $4.0 billion, a 26.5% increase over fiscal 2008. Contributing to this increase was a 20.8% increase in University of

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Phoenix’s average Degreed Enrollment for fiscal 2009 as compared with fiscal 2008. University of Phoenix’s combined New Degreed Enrollment for fiscal 2009 increased 23.5% as compared with fiscal 2008.
The Company reported net income of $598.3 million, or $3.75 per share, (159.5 million weighted average diluted shares outstanding), and $476.5 million, or $2.87 per share, (165.9 million weighted average diluted shares outstanding) for fiscal years 2009 and 2008, respectively. Excluding the special items described previously, net income for fiscal 2009 was $672.4 million, or $4.22 per share, as compared to net income of $470.7 million, or $2.84 per share for fiscal 2008. (See the reconciliation of GAAP financial information to non-GAAP financial information in the tables section of this press release.)
Unaudited Balance Sheet
As of August 31, 2009, the Company’s cash, cash equivalents, and marketable securities, excluding restricted cash, totaled $987.8 million as compared to $511.5 million as of August 31, 2008. The increase is primarily attributable to cash generated from operations as well as borrowings of the entire credit line under the Company’s $500 million credit facility, partially offset by share repurchases and funds used in Apollo Global’s acquisition of BPP. Restricted cash and student deposits increased by approximately $48.1 million and $78.3 million, respectively, compared to August 31, 2008, respectively. These increases were primarily due to increased student enrollment and to increases in Title IV funds available to students.
At August 31, 2009, accounts receivable increased to $298.3 million from $221.9 million at August 31, 2008. Excluding accounts receivable and the associated revenue for Apollo Global, the Company’s days sales outstanding (“DSO”) increased to 32 days at August 31, 2009, as compared to 29 days at August 31, 2008. The increase in DSO is due to both temporary as well as structural changes to the Company’s operations. Temporary items include the timing of the billing cycle relative to year-end, and a more pronounced seasonal increase due to the Company’s annual student financial aid system enhancements and upgrades, which temporarily postpones the processing of student financial aid requests resulting in a delay of corresponding disbursements of Title IV loan proceeds. Additionally, University of Phoenix has implemented certain operational changes that cause an increase in the Company’s accounts receivable balance and DSO calculation.
Goodwill increased by $436.4 million to $522.4 million at August 31, 2009, from $86.0 million at August 31, 2008, and intangible assets, net, increased by $180.6 million to $203.7 million at August 31, 2009, from $23.1 million at August 31, 2008. These increases were primarily due to Apollo Global’s acquisition of BPP in the fourth quarter of fiscal 2009.
Total deferred revenue at August 31, 2009, increased to $333.0 million from $231.2 million at August 31, 2008. The increase is principally due to increased student enrollment as well as Apollo Global’s acquisition of BPP.
Total debt outstanding (including short-term borrowings and the current portion of long-term debt) increased by $558.2 million to $589.1 million at August 31, 2009, from $30.9 million at August 31, 2008. The increase is mainly due to borrowings of the entire credit line under the

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Company’s $500 million credit facility, along with debt assumed in the BPP acquisition. Subsequent to fiscal year end, the Company has repaid approximately $393 million of its borrowings on its credit facility.
Securities and Exchange Commission Informal Inquiry
The Company announced that the Enforcement Division of the Securities and Exchange Commission (“SEC”) has commenced an informal inquiry into the Company’s revenue recognition practices. Based on the information that has been disclosed to Apollo Group, the scope, duration and outcome of the inquiry cannot be determined at this time. The Company intends to cooperate fully with the SEC in connection with the inquiry.
Conference Call Information
The Company will hold a conference call to discuss these earnings results at 5:00 PM Eastern, 2:00 PM Phoenix time, today, Tuesday, October 27, 2009. The call may be accessed by dialing (877) 292-6888 (domestic) or (973) 200-3381 (international) and entering the conference ID number 32796980. A live webcast of this event may be accessed by visiting the Company’s website at www.apollogrp.edu. A replay of the call will be available on the website or by dialing (800) 642-1687 (domestic) or (706) 645-9291 (international) and entering the conference ID number 32796980 until November 6, 2009.
About Apollo Group, Inc.
Apollo Group, Inc. is one of the world’s largest private education providers and has been in the education business for more than 35 years. The Company offers innovative and distinctive educational programs and services both online and on-campus at the high school, undergraduate, graduate and doctoral levels through its subsidiaries: University of Phoenix, Institute for Professional Development, College for Financial Planning, Western International University, Meritus University, Insight Schools and Apollo Global. The Company’s programs and services are provided in 40 states and the District of Columbia; Puerto Rico; Canada; Latin America; and Europe, as well as online throughout the world (data as of August 31, 2009).
For more information about Apollo Group, Inc. and its subsidiaries, call (800) 990-APOL or visit the Company’s website at www.apollogrp.edu.
Forward-Looking Safe Harbor
Statements in this press release regarding Apollo Group’s business outlook, future financial and operating results, future enrollment, and overall future strategy and plans, are forward-looking statements, and are subject to the Safe Harbor provisions created by the Private Securities Litigation Reform Act of 1995. These forward-looking statements are based on current information and expectations and involve a number of risks and uncertainties. Actual results may differ materially from those projected in such statements due to various factors. For a discussion of the various factors that may cause actual results to differ materially from those projected, please refer to the risk factors and other disclosures contained in Apollo Group’s previously filed Form 10-K, Forms 10-Q, and other filings with the Securities and Exchange Commission.
Use of Non-GAAP Financial Information

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This press release and the related conference call contain non-GAAP financial measures, which are intended to supplement, but not substitute for, the most directly comparable GAAP measures. Management uses, and chooses to disclose to investors, these non-GAAP financial measures because (i) such measures provide an additional analytical tool to clarify the Company’s results from operations and help to identify underlying trends in its results of operations; (ii) as to the non-GAAP earnings measures, such measures help compare the Company’s performance on a consistent basis across time periods; and (iii) these non-GAAP measures are employed by the Company’s management in its own evaluation of performance and are utilized in financial and operational decision-making processes, such as budgeting and forecasting. Exclusion of items in our non-GAAP presentation should not be construed as an inference that these items are unusual, infrequent or non-recurring. Other companies, including other companies in the education industry, may calculate non-GAAP financial measures differently than we do, limiting their usefulness as a comparative measure across companies.

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Apollo Group, Inc. and Subsidiaries
Consolidated Balance Sheets

(Unaudited)
                 
    As of August 31,  
($ in thousands)   2009     2008  
ASSETS:
Current assets
               
Cash and cash equivalents
  $ 968,246     $ 483,195  
Restricted cash and cash equivalents
    432,304       384,155  
Marketable securities, current portion
          3,060  
Accounts receivable, net
    298,270       221,919  
Deferred tax assets, current portion
    88,022       55,434  
Prepaid taxes
    57,658        
Other current assets
    35,517       21,780  
 
           
Total current assets
    1,880,017       1,169,543  
Property and equipment, net
    557,507       439,135  
Marketable securities, less current portion
    19,579       25,204  
Goodwill
    522,358       85,968  
Intangible assets, net
    203,671       23,096  
Deferred tax assets, less current portion
    66,254       89,499  
Other assets
    13,991       27,967  
 
           
Total assets
  $ 3,263,377     $ 1,860,412  
 
           
 
               
LIABILITIES AND SHAREHOLDERS’ EQUITY:
Current liabilities
               
Short-term borrowings and current portion of long-term debt
    $461,365     $ 15,488  
Accounts payable
    66,928       46,589  
Accrued liabilities
    268,418       121,200  
Income taxes payable
          6,111  
Student deposits
    491,639       413,302  
Deferred revenue
    333,041       231,179  
Other current liabilities
    133,887       31,740  
 
           
Total current liabilities
    1,755,278       865,609  
Long-term debt
    127,701       15,428  
Deferred tax liabilities
    55,636       2,743  
Other long-term liabilities
    100,149       130,467  
 
           
Total liabilities
    2,038,764       1,014,247  
 
           
 
               
Commitments and contingencies
               
 
               
Minority interest
    67,003       11,956  
 
               
Shareholders’ equity
               
Preferred stock, no par value
           
Apollo Group Class A nonvoting common stock, no par value
    103       103  
Apollo Group Class B voting common stock, no par value
    1       1  
Additional paid-in capital
    1,139        
Apollo Group Class A treasury stock, at cost
    (2,022,623 )     (1,757,277 )
Retained earnings
    3,195,043       2,595,340  
Accumulated other comprehensive loss
    (16,053 )     (3,958 )
 
           
Total shareholders’ equity
    1,157,610       834,209  
 
           
Total liabilities and shareholders’ equity
  $ 3,263,377     $ 1,860,412  
 
           

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Apollo Group, Inc. and Subsidiaries
Consolidated Statements of Income

(Unaudited)
                                 
    Three Months Ended August 31,     Year Ended August 31,  
(in thousands, except per share data)   2009     2008     2009     2008  
Net revenue
  $ 1,075,763     $ 831,397     $ 3,974,202     $ 3,140,931  
 
                       
Costs and expenses:
                               
Instructional costs and services
    452,913       362,268       1,603,701       1,370,878  
Selling and promotional
    262,508       223,137       960,437       805,395  
General and administrative
    89,265       47,990       290,104       215,192  
Estimated litigation loss
    80,500       (169,966 )     80,500        
 
                       
Total costs and expenses
    885,186       463,429       2,934,742       2,391,465  
 
                       
Income from operations
    190,577       367,968       1,039,460       749,466  
Interest income
    1,387       5,313       12,591       30,079  
Interest expense
    (1,890 )     (804 )     (4,460 )     (3,450 )
Other, net
    (6,300 )     7,841       (7,776 )     6,759  
 
                       
Income before income taxes and minority interest
    183,774       380,318       1,039,815       782,854  
Provision for income taxes
    (95,940 )     (151,094 )     (445,985 )     (306,927 )
Minority interest, net of tax
    3,675       369       4,489       598  
 
                       
Net income
  $ 91,509     $ 229,593     $ 598,319     $ 476,525  
 
                       
 
                               
Earnings per share:
                               
 
                               
Basic income per share
  $ 0.59     $ 1.45     $ 3.79     $ 2.90  
 
                       
Diluted income per share
  $ 0.59     $ 1.43     $ 3.75     $ 2.87  
 
                       
Basic weighted average shares outstanding
    154,201       158,719       157,760       164,109  
 
                       
Diluted weighted average shares outstanding
    155,722       160,118       159,514       165,870  
 
                       

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Apollo Group, Inc. and Subsidiaries
Consolidated Statements of Cash Flows

(Unaudited)
                 
    Year Ended August 31,  
    2009     2008  
($ in thousands)                
Cash flows provided by (used in) operating activities:
               
Net income
  $ 598,319     $ 476,525  
Adjustments to reconcile net income to net cash provided by operating activities:
               
Share-based compensation
    68,038       53,570  
Excess tax benefits from share-based compensation
    (18,543 )     (18,648 )
Depreciation and amortization
    100,543       79,816  
Loss on fixed assets write-off
    9,416        
Amortization of deferred gain on sale-leaseback
    (1,715 )     (1,786 )
Non-cash foreign currency (gain) loss, net
    (62 )     2,825  
Provision for uncollectible accounts receivable
    152,490       104,201  
Estimated litigation loss
    80,500        
Minority interest, net of tax
    (4,489 )     (598 )
Deferred income taxes
    (13,799 )     (6,624 )
Changes in assets and liabilities, excluding the impact of acquisitions:
               
Accounts receivable
    (192,289 )     (105,726 )
Other assets
    9,945       (7,285 )
Accounts payable and accrued liabilities
    45,406       (14,155 )
Income taxes payable
    (30,848 )     21,667  
Student deposits
    59,458       85,294  
Deferred revenue
    80,315       35,281  
Other liabilities
    17,542       21,649  
 
           
Net cash provided by operating activities
    960,227       726,006  
 
           
Cash flows provided by (used in) investing activities:
               
Additions to property and equipment
    (127,356 )     (104,879 )
Acquisitions, net of cash acquired
    (523,795 )     (93,763 )
Purchase of marketable securities
          (875,205 )
Maturities of marketable securities
    8,035       900,715  
Increase in restricted cash and cash equivalents
    (48,149 )     (87,686 )
Purchase of other assets
           
 
           
Net cash used in investing activities
    (691,265 )     (260,818 )
 
           
Cash flows provided by (used in) financing activities:
               
Payments on borrowings
    (37,341 )     (251,435 )
Proceeds from borrowings
    513,170       250,991  
Class A common stock purchased for treasury
    (452,487 )     (454,362 )
Issuance of Apollo Group Class A common stock
    117,076       102,969  
Minority interest contributions
    58,980       12,149  
Excess tax benefits from share-based compensation
    18,543       18,648  
 
           
Net cash provided by (used in) financing activities
    217,941       (321,040 )
 
           
Exchange rate effect on cash and cash equivalents
    (1,852 )     (272 )
 
           
Net increase in cash and cash equivalents
    485,051       143,876  
 
           
Cash and cash equivalents, beginning of year
    483,195       339,319  
 
           
Cash and cash equivalents, end of year
  $ 968,246     $ 483,195  
 
           
Supplemental disclosure of cash flow information
               
Cash paid during the year for income taxes
  $ 472,241     $ 289,630  
Cash paid during the year for interest
  $ 3,683     $ 2,874  
Supplemental disclosure of non-cash investing and financing activities
               
Restricted stock units vested and released
  $ 22,617     $  
Credits received for tenant improvements
  $ 12,674     $ 9,604  
Purchases of property and equipment included in accounts payable
  $ 5,081     $ 4,072  
UNIACC earn-out consideration
  $ 4,406     $  
Unrealized loss on auction-rate securities
  $ 650     $ 1,621  
Settlement and reclassification of liability awards
  $     $ 16,655  

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Apollo Group, Inc. and Subsidiaries
Supplemental Schedule — Combined Statements of Income

(Unaudited)
                         
    Three Months Ended August 31, 2009  
    Apollo Group, Inc.           Apollo Group, Inc.  
($ in thousands)   Excluding BPP     BPP     Consolidated  
Net revenue
  $ 1,062,701     $ 13,062     $ 1,075,763  
 
                 
Costs and expenses:
                       
Instructional costs and services
    435,890       17,023       452,913  
Selling and promotional
    261,013       1,495       262,508  
General and administrative
    88,114       1,151       89,265  
Estimated litigation loss
    80,500             80,500  
 
                 
Total costs and expenses
    865,517       19,669       885,186  
 
                 
Income from operations
    197,184       (6,607 )     190,577  
Interest income
    1,373       14       1,387  
Interest expense
    (1,057 )     (833 )     (1,890 )
Other, net
    (6,357 )     57       (6,300 )
 
                 
Income before income taxes and minority interest
    191,143       (7,369 )     183,774  
Provision for income taxes
    (97,879 )     1,939       (95,940 )
Minority interest, net of tax
    2,944       731       3,675  
 
                 
Net income
  $ 96,208     $ (4,699 )   $ 91,509  
 
                 
 
                       
Earnings per share:
                       
 
                       
Basic income per share
  $ 0.62     $ (0.03 )   $ 0.59  
 
                 
Diluted income per share
  $ 0.62     $ (0.03 )   $ 0.59  
 
                 
Basic weighted average shares outstanding
    154,201       154,201       154,201  
 
                 
Diluted weighted average shares outstanding
    155,722       155,722       155,722  
 
                 

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Apollo Group, Inc. and Subsidiaries
Reconciliation of GAAP financial information to non-GAAP financial information
August 31, 2009

(Unaudited)
                                   
    Three Months Ended August 31,       Year Ended August 31,  
(in millions, except per share data)   2009     2008       2009     2008  
                                 
Net income as reported
  $ 91.5     $ 229.6       $ 598.3     $ 476.5  
 
                         
 
                                 
Reconciling items:
                                 
 
                                 
Estimated litigation loss
    80.5 (1)     (170.0 )(2)       80.5 (1)      
Software and equipment write-off
    9.4 (3)             9.4 (3)      
BPP acquisition option premium
    5.5 (4)             5.5 (4)      
Gain on termination of sale and leaseback option
          (9.5 )(5)             (9.5 ) (5)
 
                         
 
    95.4       (179.5 )       95.4       (9.5 )
Less: tax effects
    (26.0 )(6)     70.4         (26.0 )(6)     3.7  
 
                         
Non-deductible compensation
    4.7 (7)             4.7 (7)      
 
                         
 
    74.1       (109.1 )       74.1       (5.8 )
 
                         
 
                                 
Net income adjusted to exclude special items
  $ 165.6     $ 120.5       $ 672.4     $ 470.7  
 
                         
 
                                 
Diluted income per share as reported
  $ 0.59     $ 1.43       $ 3.75     $ 2.87  
 
                         
 
                                 
Diluted income per share adjusted to exclude special items
  $ 1.06     $ 0.75       $ 4.22     $ 2.84  
 
                         
 
                                 
Diluted weighted average shares outstanding
    155.7       160.1         159.5       165.9  
 
                         
 
(1)   The $80.5 million charge during the three and twelve months ended August 31, 2009 represents an accrual for an estimated litigation loss.
 
(2)   The $170.0 million gain for the three months ended August 31, 2008 represents the reversal of the charge for the securities litigation loss.
 
(3)   The $9.4 million charge during the three and twelve months ended August 31, 2009 represents the write-off of information technology fixed assets that resulted primarily from our rationalization of software.
 
(4)   The $5.5 million charge during the three and twelve months ended August 31, 2009 represents the option premium, net of minority interest, related to our acquisition of BPP.
 
(5)   The $9.5 million gain during the three and twelve months ended August 31, 2008 represents the gain associated with the termination of an option agreement related to our headquarters land and building.
 
(6)   As the deductibility of certain charges in the above reconciliation is uncertain, we did not recognize a tax benefit for a portion of the charges.
 
(7)   The $4.7 million charge during the three and twelve months ended August 31, 2009 represents the write-off of a deferred tax asset related to options held and exercised by an executive.
Investor Relations Contacts:
Allyson Pooley ~ (312) 660-2025 ~ allyson.pooley@apollogrp.edu /
Jeremy Davis ~ (312) 660-2071 ~ jeremy.davis@apollogrp.edu
Media Contact:
Sara Jones ~ (818) 326-1871 ~ sara.jones@apollogrp.edu

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