NexCen Brands Reports Significant Improvement in Operating Income in Second Quarter 2009

November 5, 2009 4:00 PM EST

Second Consecutive Quarter of Operating Income and Positive Cash Flow from Operations

Operating Income of $1.6 Million in Second Quarter 2009 vs. Operating Loss of $113.4 Million in Second Quarter 2008

Cash Generated from Operations of $0.2 Million in Second Quarter 2009 vs. Cash Used in Operations of $1.4 million in Second Quarter 2008

Loss from Continuing Operations of ($0.01) Per Diluted Share in Second Quarter 2009 vs. ($1.99) Per Diluted Share in Second Quarter 2008

NEW YORK--(BUSINESS WIRE)-- NexCen Brands, Inc. (PINK SHEETS: NEXC) today reported unaudited financial results for the second quarter of 2009, and announced that it has filed its Quarterly Report on Form 10-Q for the quarterly period ended June 30, 2009 with the Securities and Exchange Commission (SEC).

Second Quarter 2009 Operating Results and Financial Highlights

The operating results and financial highlights for the second quarter ended June 30, 2009 are as follows:

    --  Total revenues in the second quarter of 2009 decreased 1% to $11.8
        million, compared to $11.9 million in the second quarter of 2008. The
        slight decrease in revenues is the result of a decline in royalty and
        factory revenues due to current economic conditions, partially offset by
        an increase in franchise fee revenues.
    --  Total operating expenses in the second quarter of 2009 decreased to
        $10.2 million from $125.3 million in the second quarter of 2008.
        Operating income in second quarter of 2009 increased to $1.6 million
        from an operating loss of $113.4 million in the second quarter of 2008.
        Loss from continuing operations in the second quarter of 2009 narrowed
        to $0.8 million, or ($0.01) per fully diluted share, from $112.8
        million, or ($1.99) per fully diluted share, in the second quarter of
        2008.
    --  The results for the second quarter of 2008 included impairment charges
        related to intangible assets of $109.7 million, $1.9 million in
        professional fees related to special investigations, and $0.8 million in
        restructuring costs. Excluding these special items specific to the
        events of 2008, adjusted operating expenses for the second quarter of
        2009 decreased 21%, or $2.7 million, from adjusted operating expenses of
        $12.8 million for the second quarter of 2008. Adjusted operating income
        for the second quarter of 2009 increased 286%, or $2.5 million, from an
        adjusted operating loss of $0.9 million for the second quarter of 2008.
        Adjusted loss from continuing operations narrowed to $0.7 million, or
        ($0.01) per fully diluted share, compared to an adjusted loss from
        continuing operations of $4.5 million, or ($0.08) per fully diluted
        share, in the second quarter of 2008. See Table 4 for details regarding
        these non-GAAP adjustments.
    --  Cash generated from operations was $0.2 million in second quarter of
        2009 compared to cash used in operations of $1.4 million in second
        quarter of 2008.
    --  The Company had total cash of $8.0 million as of June 30, 2009, compared
        to total cash of $8.3 million at March 31, 2009 and $8.3 million at
        December 31, 2008.
    --  The Company's outstanding debt balance was $142.6 million at June 30,
        2009, compared to $142.5 million at March 31, 2009 and $142.3 million at
        December 31, 2008.
    --  The Company's average effective interest rate for its credit facility
        was 6.6% in the second quarter of 2009, compared to 6.8% in the first
        quarter of 2009 and 8.6% in the fourth quarter of 2008. The Company's
        interest expense was $2.7 million in the second quarter of 2009,
        compared to $2.8 million in the first quarter of 2009 and $3.1 million
        in the fourth quarter of 2008.
    --  Total franchised locations were 1,770 stores at June 30, 2009 versus
        1,881 stores at June 30, 2008. The net decrease of 111 stores, or 6%,
        reflects closures, initiated either by the franchisee or the Company, of
        underperforming and non-compliant stores.
    --  The Company executed franchise agreements for 20 new franchise units
        across its franchise businesses in the second quarter of 2009, versus
        franchise agreements for 24 new franchise units in the first quarter of
        2009.
    --  Deferred revenue related to the pipeline for franchise stores to be
        opened pursuant to executed letters of intent and franchise agreements
        was approximately $2.6 million at June 30, 2009, a decrease of
        approximately $0.4 million or 14% from approximately $3 million at March
        31, 2009. Total deferred revenue, including deferred revenue related to
        vendor rebates, was $2.9 million at June 30, 2009.

Kenneth J. Hall, Chief Executive Officer, stated, "We are pleased with our performance during the second quarter. This is the second consecutive quarter in which we generated operating income and positive cash flow from operations since we implemented our strategic plan to turn around our business. We maintained revenues at prior-year levels, despite the dramatic drop in mall traffic and retail spending. We also realized improvements in our financial results by right-sizing our operating expenses and improving efficiencies in our business. We are heartened that our strategic plan is yielding a positive impact on our results."

Six Months Operating Results

The operating results for the six months ended June 30, 2009 are as follows:

    --  Total revenues for the six months ended June 30, 2009 increased 7% to
        $23.7 million, compared to $22.2 million for the same period in 2008.
        The increase in revenues is primarily the result of full quarter
        revenues for Great American Cookies acquired on January 29, 2008.
    --  Total operating expenses for the six months ended June 30, 2009
        decreased to $20.3 million from $138.1 million for the same period in
        2008. Operating income for the six months ended June 30, 2009 increased
        to $3.4 million for the six months ended June 30, 2009 from an operating
        loss of $115.9 million for the same period in 2008. Loss from continuing
        operations for the six months ended June 30, 2009 narrowed to $1.5
        million, or ($0.03) per fully diluted share, from $119.2 million, or
        ($2.10) per fully diluted share, for the same period in 2008.
    --  The results for the six months ended June 30, 2008 included impairment
        charges related to intangible assets of $109.7 million, $1.9 million in
        professional fees related to special investigations, and $0.8 million in
        restructuring costs. Excluding these special items specific to the
        events of 2008, adjusted operating expenses for the six months ended
        June 30, 2009 decreased 21%, or $5.4 million, to $20.2 million from
        adjusted operating expenses of $25.6 million for the same period in
        2008. Adjusted operating income for the six months ended June 30, 2009
        increased 201%, or $6.9 million, to $3.5 million compared to an adjusted
        operating loss of $3.4 million for the same period in 2008. Adjusted
        loss from continuing operations for the six months ended June 30, 2009
        narrowed to $1.4 million, or ($0.03) per fully diluted share, from an
        adjusted loss from continuing operations of $9.7 million, or ($0.17) per
        fully diluted share, for the same period in 2008. See Table 4 for
        details regarding these non-GAAP adjustments.
    --  Cash flow from operations for the six months ended June 30, 2009
        improved by $6.2 million to $0.6 million of cash generated from
        operations, compared to cash used in operations of $5.6 million for the
        six months ended June 30, 2008.

Mr. Hall concluded, "NexCen Brands is operating as a fundamentally stronger business than a year ago. We believe that through the execution of our turnaround plan, we have been able to weather both the downturn in the economy and the internal challenges that have impacted our Company. In 2009, we have continued to improve our operations and make investments in our business and brands, while significantly reducing expenses. We also have completed key hires to bolster our management team. Further, we have continued to enhance our offerings to franchisees, such as opening a new 'Innovation Lab' with additional capabilities to produce new ice cream, cookies and pretzels products for each of our QSR franchised brands. Despite our progress to date, we recognize that the continued difficult macroeconomic environment, including the lack of readily available financing for franchisees, has affected our business and our financial results, and may continue to do so. As such, we will maintain a conservative approach to managing our expenses, while at the same time, strive to capitalize on innovation and expansion opportunities. We also understand that we must further bolster our financial condition and address our debt level. In short, we are encouraged by our financial performance through the first half of 2009, but not complacent."

Conference Call Information

The Company will be holding a conference call today at 5:00 pm ET to review its financial results for the second quarter of 2009. The conference call may be accessed by dialing 800-944-8766 or 317-713-0002, access code: 27689. A replay of the call will be available through November 13, 2009, by dialing 1-866-281-6782, access code: 154227. The broadcast will be available through the 'Investor Relations' link at http://www.nexcenbrands.com/ and will be archived online shortly after the conference call until December 31, 2009.

The Company's Quarterly Report on Form 10-Q for the quarterly period ended June 30, 2009 is available on the Company's website at http://www.nexcenbrands.com, under the "Investor Relations" tab, or through the SEC's website at http://www.sec.gov.

About NexCen Brands, Inc.

NexCen Brands, Inc. is a strategic brand management company with a focus on franchising. It owns a portfolio of franchise brands that includes two retail franchise concepts: TAF(TM) and Shoebox New York(R), as well as five quick service restaurant (QSR) franchise concepts: Great American Cookies(R), MaggieMoo's(R), Marble Slab Creamery(R), Pretzelmaker(R) and Pretzel Time(R). The brands are managed by NexCen Franchise Management, Inc., a subsidiary of NexCen Brands.

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. Such forward-looking statements include those regarding the expected timing for filing additional SEC reports, expectations for the future performance of the Company's brands and expectations regarding the impact of recent developments on its business. When used herein, the words "anticipate," "believe," "estimate," "intend," "may," "will," "expect" and similar expressions as they relate to the Company or its management are intended to identify such forward-looking statements. Forward-looking statements are based on current expectations and assumptions, which are subject to risks and uncertainties. They are not guarantees of future performance or results. The Company's actual results, performance or achievements could differ materially from the results expressed in, or implied by, these forward-looking statements. Factors that could cause or contribute to such differences include: (1) the Company's efforts to focus on the franchise business as its core business may not be successful and may not improve the performance of the Company; (2) economic conditions may deteriorate or fail to materially improve in international and domestic markets, which could negatively impact the Company's business and financial performance, (3) the Company's inability to file its financial reports within the prescribed timeframes and the failure to hold an annual meeting of stockholders for the fiscal year ended December 31, 2007 may subject the Company to governmental investigations or third-party claims, (4) past delays in the Company's compliance with the Securities and Exchange Commission's filing requirements may negatively impact the Company, (5) increases in LIBOR, which affects the interest rate on approximately 60% of the debt outstanding under the Company's current bank credit facility, will increase its interest expenses, (6) the substantial debt service obligations and extensive covenants in the Company's current bank credit facility may restrict its ability to respond to changing market conditions, and (7) other factors discussed in the Company's 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.


Table 1

NEXCEN BRANDS, INC.

CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS (UNAUDITED)

(IN THOUSANDS, EXCEPT SHARE DATA)

                             Three Months Ended         Six Months Ended

                             June 30,                   June 30,

                             2009         2008          2009        2008

Revenues:

Royalty revenues             $ 6,144      $ 6,452       $ 11,986    $ 11,811

Factory revenues               4,320        4,761       8,777         7,736

Franchise fee revenues         1,066        397         2,396         1,980

Licensing and other            251          314         582           622
revenues

Total revenues                 11,781       11,924      23,741        22,149

Operating Expenses:

Cost of sales                  (2,670  )    (2,974    ) (5,507   )    (5,296   )

Selling, general and
administrative expenses:

Franchising                    (3,470  )    (4,335    ) (6,561   )    (8,663   )

Corporate                      (1,912  )    (3,468    ) (3,996   )    (7,834   )

Professional fees:

Franchising                    (560    )    (354      ) (970     )    (630     )

Corporate                      (652    )    (1,010    ) (1,489   )    (2,008   )

Special investigations         (52     )    (1,932    ) (85      )    (1,932   )

Impairment of intangible       -            (109,733  ) -             (109,733 )
assets

Depreciation and               (863    )    (674      ) (1,725   )    (1,165   )
amortization

Restructuring charges          -            (815      ) -             (815     )

Total operating expenses       (10,179 )    (125,295  ) (20,333  )    (138,076 )

Operating income (loss)        1,602        (113,371  ) 3,408         (115,927 )

Non-Operating income
(expense):

Interest income                47           84          102           334

Interest expense               (2,749  )    (2,472    ) (5,583   )    (4,751   )

Financing charges              31           (889      ) (2       )    (926     )

Other income (expense), net    372          (193      ) 720           (676     )

Total non-operating expense    (2,299  )    (3,470    ) (4,763   )    (6,019   )

Loss from continuing
operations before income       (697    )    (116,841  ) (1,355   )    (121,946 )
taxes

Income taxes:

Current                        (81     )    (107      ) (155     )    (184     )

Deferred                       -            4,126       -             2,936

Loss from continuing           (778    )    (112,822  ) (1,510   )    (119,194 )
operations

Income (loss) from
discontinued operations,
net of taxes of $0,            362          (83,027   ) 229           (81,960  )
$14,916, $0, $15,083,
respectively

Net loss                     $ (416    )  $  (195,849 ) $ (1,281 )  $ (201,154 )

Loss per share (basic and
diluted) from continuing     $ (0.01   )  $   (1.99   ) $  (0.03 )  $ (2.10    )
operations

Income (loss) per share
(basic and diluted) from       0.00         (1.47     ) 0.00          (1.45    )
discontinued operations

Net loss per share - basic   $ (0.01   )  $   (3.46   ) $  (0.03 )  $  (3.55   )
and diluted

Weighted average shares
outstanding - basic and        56,952       56,621      56,812        56,444
diluted




Table 2

NEXCEN BRANDS, INC.

CONDENSED CONSOLIDATED STATEMENTS OF CASH FLOWS (UNAUDITED)

(IN THOUSANDS)

                                                        Six Months Ended

                                                        June 30,

                                                        2009        2008

Cash flow from operating activities:

Net loss                                                $ (1,281 )  $ (201,154 )

Add: net (income) loss from discontinued operations       (229   )    81,960

Net loss from continuing operations                       (1,510 )    (119,194 )

Adjustments to reconcile net loss to net cash provided
by (used in) operating activities:

Impairment of intangible assets                           -           109,733

Restructuring                                             -           443

Depreciation and amortization                             1,793       1,165

Stock based compensation                                  288         2,230

Deferred income taxes                                     -           (2,936   )

Unrealized (gain) loss on investment in joint venture     (260   )    220

Amortization of debt discount                             274         224

Amortization of deferred financing costs                  483         845

Accrued interest on Deficiency Note                       1,109       -

Changes in assets and liabilities, net of acquired
assets and liabilities:

Decrease (increase) in trade receivables, net of          1,459       (1,193   )
allowances

(Increase) decrease in other receivables                  (147   )    1,129

(Increase) decrease in inventory                          (36    )    410

Decrease (increase) in prepaid expenses and other         685         (1,070   )
assets

(Decrease) increase in accounts payable and accrued       (2,416 )    2,795
expenses

(Decrease) increase in restructuring accruals             (146   )    327

Decrease in deferred revenues                             (1,161 )    (637     )

Net cash provided by (used in) operating activities       415         (5,509   )
from continuing operations

Net cash provided by (used in) operating activities       229         (127     )
from discontinued operations

Net cash provided by (used in) operating activities       644         (5,636   )

Cash flows from investing activities:

Decrease in restricted cash                               190         5,151

Purchases of property and equipment                       (185   )    (477     )

Investment in joint venture                               -           (725     )

Purchase of trademarks, including registration costs      -           (46      )

Distributions from joint venture                          -           216

Acquisitions, net of cash acquired                        (131   )    (95,000  )

Cash used in discontinued operations for investing        -           (765     )
activities

Net cash provided by (used in) investing activities       (126)       (91,646  )

Cash flows from financing activities:

Proceeds from debt borrowings                             -           70,000

Financing costs                                           -           (1,670   )

Principal payments on debt                                (774   )    (3,918   )

Proceeds from the exercise of options and warrants        -           5

Cash used in discontinued operations for financing        -           (1,100   )
activities

Net cash (used in) provided by financing activities       (774   )    63,317

Net decrease in cash and cash equivalents                 (256   )    (33,965  )

Cash and cash equivalents, at beginning of period         8,293       46,569

Cash and cash equivalents, at end of period             $ 8,037     $ 12,604

Cash paid for interest                                  $ 4,770     $ 4,862

Cash paid for taxes                                     $ 203       $ 135




Table 3

NEXCEN BRANDS, INC.

CONDENSED CONSOLIDATED BALANCE SHEETS (UNAUDITED)

(IN THOUSANDS EXCEPT SHARE DATA)

                                                  June 30,
                                                  2009            December 31,
                                                                  2008
                                                  (Unaudited)

ASSETS

Cash and cash equivalents                         $ 8,037         $ 8,293

Trade receivables, net of allowances of $1,469      4,158           5,617
and $1,367, respectively

Other receivables                                   940             834

Inventory                                           1,268           1,232

Prepaid expenses and other current assets           1,951           2,439

Total current assets                                16,354          18,415

Property and equipment, net                         3,278           4,395

Investment in joint venture                         389             87

Trademarks and other non-amortizable intangible     78,422          78,422
assets

Other amortizable intangible assets, net of         5,668           6,158
amortization

Deferred financing costs and other assets           4,816           5,486

Long-term restricted cash                           740             940

Total assets                                      $ 109,667       $ 113,903

LIABILITIES AND STOCKHOLDERS' DEFICIT

Accounts payable and accrued expenses             $ 7,692         $ 9,220

Restructuring accruals                              7               153

Deferred revenue                                    2,884           4,044

Current portion of long-term debt, net of debt      1,768           611
discount of $514 and $541, respectively

Acquisition related liabilities                     1,330           4,689

Total current liabilities                           13,681          18,717

Long-term debt, net of debt discount of $605 and    139,714         140,262
$852, respectively

Acquisition related liabilities                     298             480

Other long-term liabilities                         3,506           3,937

Total liabilities                                   157,199         163,396

Commitments and Contingencies

Stockholders' deficit:

Preferred stock, $0.01 par value; 1,000,000
shares authorized; 0 shares issued and              --              --
outstanding as of June 30, 2009 and December 31,
2008, respectively

Common stock, $0.01 par value; 1,000,000,000
shares authorized; 56,951,730 and 56,670,643        571             569
shares issued and outstanding as of June 30,
2009 and December 31, 2008, respectively

Additional paid-in capital                          2,684,840       2,681,600

Treasury stock                                      (1,757     )    (1,757     )

Accumulated deficit                                 (2,731,186 )    (2,729,905 )

Total stockholders' deficit                         (47,532    )    (49,493    )

Total liabilities and stockholders' deficit       $ 109,667       $ 113,903




Table 4

NEXCEN BRANDS, INC.

NON-GAAP ADJUSTMENTS (UNAUDITED)

(IN THOUSANDS, EXCEPT SHARE DATA)

                            Three Months Ended         Six Months Ended

                            June 30,                   June 30,

                              2009         2008          2009         2008

Total revenues              $ 11,781     $ 11,924      $ 23,741     $ 22,149

Total operating expenses      (10,179 )    (125,295 )    (20,333 )    (138,076 )

Adjustments for special
items:

Special investigations (1)    52           1,932         85           1,932

Impairment of intangible      -            109,733       -            109,733
assets (2)

Restructuring charges (3)     -            815           -            815

Total operating expenses,     (10,127 )    (12,815  )    (20,248 )    (25,596  )
as adjusted

Operating income (loss),      1,654        (891     )    3,493        (3,447   )
as adjusted

Total non-operating           (2,299  )    (3,470   )    (4,763  )    (6,019   )
expenses

Loss from continuing
operations before income      (645    )    (4,361   )    (1,270  )    (9,466   )
taxes, as adjusted

Income taxes                  (81     )    4,019         (155    )    2,752

Adjustments for deferred      -            (4,126   )    -            (2,936   )
income taxes (2)

Income taxes, as adjusted     (81     )    (107     )    (155    )    (184     )

Loss from continuing        $ (726    )  $ (4,468   )  $ (1,425  )  $ (9,650   )
operations, as adjusted

Loss per share (basic and
diluted) from continuing    $ (0.01   )  $ (0.08    )  $ (0.03   )  $ (0.17    )
operations, as adjusted

Weighted average shares
outstanding - basic and       56,952       56,621        56,812       56,444
diluted




       The Company incurred outside legal fees related to special
       investigations, namely, investigations conducted at the direction of the
  (1)  Audit Committee of the Board of Directors, the Company and the SEC,
       respectively, regarding the Company's public disclosures on May 19, 2008
       of previously undisclosed terms of a January 2008 amendment of our credit
       facility.

       During 2008, the Company determined that it was necessary to evaluate
       goodwill and trademarks for impairment between annual tests due to a
  (2)  decline in the Company's stock price and deterioration of the economy. As
       a result, the Company recognized deferred tax benefit related to the
       reversal of deferred tax liabilities associated with the intangible
       assets.

  (3)  Restructuring charges relate primarily to employee separation benefits
       for employees terminated.




    Source: NexCen Brands, Inc.


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