JAKKS Pacific(R) Reports Third Quarter 2009 Results

October 21, 2009 4:35 PM EDT

MALIBU, Calif.--(BUSINESS WIRE)-- JAKKS Pacific, Inc. (NASDAQ: JAKK) reported results for the Company's third quarter and first nine months ended September 30, 2009.

Net sales for the third quarter were $351.4 million, compared to $357.8 million in the third quarter of 2008; and net sales for the first nine months of 2009 were $604.9 million, compared to $634.1 million for the first nine months of 2008. Net income for the third quarter of 2009 was $33.7 million, or $1.06 per diluted share, compared to net income of $54.1 million, or $1.70 per diluted share, reported in the third quarter of 2008. For the nine month period JAKKS reported a net loss of $383.7 million, or $14.11 per diluted share, compared to earnings for the first nine months of 2008 of $59.2 million, or $1.88 per diluted share.

On a non-GAAP basis, 2009 net sales for the third quarter were $351.4 million and $605.5 million for the nine month period, compared to non-GAAP net sales of $357.8 million and $634.1 million for the third quarter and first nine months of 2008, respectively. On a non-GAAP basis, JAKKS net income for the third quarter was $35.9 million, or $1.13 per diluted share, compared to non-GAAP net income of $46.6 million, or $1.47 per diluted share in the third quarter of 2008. Non-GAAP net income for the first nine months of 2009 was $24.3 million, or $0.83 per diluted share, compared to non-GAAP net income of $53.4 million, or $1.70 per diluted share for the first nine months of 2008.

2009 GAAP results include the following, which were excluded from the non-GAAP results noted above:

    --  Pre-tax non-cash goodwill impairment charge of $407.1 million due to the
        sustained decline in the Company's market capitalization pursuant to the
        applicable accounting rule, SFAS 142, taken in the second quarter of
        2009.
    --  Pre-tax non-cash impairment charge of $8.2 million related to certain of
        the Company's under-utilized trademarks, taken in the second quarter of
        2009.
    --  Pre-tax charge to royalty expense of $33.2 million was taken in the
        second quarter of 2009 and $0.2 million in the third quarter of 2009
        related to abandoned or underperforming licenses; $19.7 million is
        non-cash and $13.7 million is expected to be paid out to third parties
        through 2011.
    --  Pre-tax charge to cost of goods of $23.3 million was taken in the second
        quarter of 2009 and $2.9 million in the third quarter of 2009 related to
        the impairment of inventory, of which $17.4 million is non-cash and $8.8
        million is expected to be paid out to third parties during the remainder
        of 2009.
    --  Pre-tax non-cash charge of $2.3 million related to the write-off of
        obsolete tools and molds was taken in the second quarter of 2009.

    --  Pre-tax charge of $1.3 million related to the recall of one of the
        Company's products, taken in the second quarter of 2009.
    --  Pre-tax non-cash charge of $23.5 million related to the reduction to the
        receivable from our video game joint venture with THQ as a result of the
        recent arbitration decision, which reduced JAKKS' preferred return
        payment rate from 10% to 6% of the joint venture's net sales, of which
        $22.5 million was taken in the second quarter of 2009 and $1.0 million
        was taken in the third quarter of 2009.

2008 GAAP results include the following, which were excluded from the non-GAAP results noted above:

    --  Pre-tax non-cash impairment charge of $9.1 million related to certain of
        the Company's under-utilized trademarks in the third quarter of 2008.
    --  Tax benefits related to the reversal of prior tax accruals of $13.3
        million in the third quarter of 2008.
    --  FIN 48 tax credit in the third quarter of 2008 which consisted of a $3.1
        million credit to interest expense and a $2.0 million credit to penalty
        expense.
    --  Pre-tax non-cash charge to cost of goods of $2.7 million related to the
        impairment of inventory in the third quarter of 2008 and $3.9 million
        for the nine month period of 2008.
    --  Pre-tax non-cash charge to royalty expense of $1.9 million related to
        abandoned or underperforming licenses in the third quarter of 2008 and
        $2.4 million for the nine month period of 2008.

The goodwill impairment charge taken earlier this year does not affect the Company's liquidity or business operations, and is not expected to limit or change its ability to continue to generate positive future cash flows from these intangible assets.

"In this challenging retail environment, we have been focused on executing on our restructuring plan," said Jack Friedman, Chairman and Co-CEO. "In October we began consolidating operations in Hong Kong and New York, and also carried out headcount reductions Company-wide. Our goal is to streamline processes, reduce costs and lower capital expenditures in order to enhance profitability in this retail environment."

Stephen Berman, JAKKS Co-CEO and president, continued, "We have been analyzing every area of our business, shipping our Fall line into retail, and developing our portfolio for 2010. We previewed next year's line to buyers at JAKKS' 2010 Fall Toy Preview held at our new Santa Monica Showroom during the past two weeks, and it was very well received by our licensors and retailer partners from every sales channel."

Operations provided cash in the third quarter of $35.9 million. As of September 30, 2009, our working capital was $322.5 million, including cash and equivalents and marketable securities of $154.0 million, and we continue to evaluate potential acquisition opportunities while executing on extensive cost savings and internal growth initiatives.

While there is no certainty about the level of sales for the holiday season, at this point we still believe that our previously announced guidance is achievable. For the 2009 fiscal year the Company is expecting GAAP net sales of approximately $810 million, with a net loss on a GAAP basis of $378.0 million, or $13.72 per share, and is expecting non-GAAP net sales of approximately $810.7 million, with net income on a non-GAAP basis of $30.0 million, or $1.01 per diluted share.

Use of Non-GAAP Financial information

In addition to the preliminary results reported in accordance with U.S. GAAP included in this release, the Company has provided certain non-GAAP financial information, including net sales information that excludes recall items, and expense information that excludes intangible asset impairment charges and license and inventory impairment charges, among others. Management believes that the presentation of these non-GAAP financial measures provides useful information to investors because this information may allow investors to better evaluate ongoing business performance and certain components of the Company's results. In addition, the Company believes that the presentation of these non-GAAP financial measures enhances an investor's ability to make period-to-period comparisons of the Company's operation results. This information should be considered in addition to the results presented in accordance with GAAP, and should not be considered a substitute for the GAAP results. The company has reconciled the non-GAAP financial information included in this release to the nearest GAAP measure. See the attached "Reconciliation of Non-GAAP Financial Information."

Conference Call

JAKKS Pacific will webcast its second quarter earnings conference call at 4:45 p.m. Eastern time (1:45 p.m. Pacific time) today. To listen to the live webcast, go to the Investors section of www.jakks.com, and click on the earnings webcast link under Events and Presentations at least 15 minutes early to register, download and install any necessary audio software. A telephonic playback can be accessed approximately one hour after the webcast ends by calling (888) 843-8996 or (630) 652-3044 for international callers, passcode "6636542." The webcast and telephonic playback will be archived for 30 days.

About JAKKS Pacific, Inc.

JAKKS Pacific, Inc. (NASDAQ: JAKK) is a leading designer and marketer of toys and consumer products, with a wide range of products that feature some of the most popular children's toy licenses in the world. JAKKS' diverse portfolio includes Action Figures, Art Activity Kits, Stationery, Writing Instruments, Performance Kites, Water Toys, Sports Activity Toys, Vehicles, Infant/Pre-School, Plush, Construction Toys, Electronics, Dolls, Dress-Up, Role Play, and Pet Toys and Accessories, sold under various proprietary brands including JAKKS Pacific(R), Play Along(R), Flying Colors(R), Creative Designs International(TM), Road Champs(R), Child Guidance(R), Pentech(R), Funnoodle(R), Go Fly a Kite(R), Color Workshop(R), JAKKS Pets(R), EyeClops(R), Plug It In & Play TV Games(TM), Girl Gourmet(R), Kids Only(R), Tollytots(R) and Disguise. JAKKS is an award-winning licensee of several hundred nationally and internationally known trademarks including Disney(R), Nickelodeon(R), Warner Bros.(R), World Wrestling Entertainment(R), Ultimate Fighting Championship(R), Graco(R) and Cabbage Patch Kids. JAKKS and THQ Inc. participate in a joint venture that has worldwide rights to publish and market World Wrestling Entertainment video games. For further information, visit www.jakks.com.

This press release may contain forward-looking statements (within the meaning of the Private Securities Litigation Reform Act of 1995) that are based on current expectations, estimates and projections about JAKKS Pacific's business based partly on assumptions made by its management. These statements are not guarantees of future performance and involve risks, uncertainties and assumptions that are difficult to predict. Therefore, actual outcomes and results may differ materially from what is expressed or forecasted in such statements due to numerous factors, including, but not limited to, those described above, changes in demand for JAKKS' products, product mix, the timing of customer orders and deliveries, the impact of competitive products and pricing, and difficulties with integrating acquired businesses. The forward-looking statements contained herein speak only as of the date on which they are made, and JAKKS undertakes no obligation to update any of them to reflect events or circumstances after the date of this release.


JAKKS Pacific, Inc. and Subsidiaries

Condensed Consolidated Balance Sheets

                                                September 30,   December 31,

                                                2009            2008

                                                (In thousands)

ASSETS

Current assets:

 Cash and cash equivalents                      $ 153,795       $ 169,520

 Marketable securities                            201             195

 Accounts receivable, net                         251,631         147,587

 Inventory, net                                   71,145          87,944

 Income taxes receivable                          26,823          22,288

 Deferred income taxes                            83,884          17,993

 Prepaid expenses and other current assets        22,826          29,670

  Total current assets                            610,305         475,197

Property and equipment                            85,856          81,412

Less accumulated depreciation and amortization    60,117          52,914

 Property and equipment, net                      25,739          28,498

Goodwill, net                                     -               427,693

Trademarks & other assets, net                    45,035          43,552

Investment in video game joint venture            527             53,184

  Total assets                                  $ 681,606       $ 1,028,124

LIABILITIES AND STOCKHOLDERS' EQUITY

Current liabilities:

 Accounts payable and accrued expenses          $ 154,346       $ 119,629

 Reserve for sales returns and allowances         35,503          23,317

 Income taxes payable                             -               7,190

 Short-term debt                                  98,000          -

  Total current liabilities                       287,849         150,136

Long term debt                                    -               98,000

Other liabilities                                 6,732           2,112

Income taxes payable                              4,686           4,686

Deferred income taxes                             17,135          26,237

                                                  28,553          131,035

  Total liabilities                               316,402         281,171

Stockholders' equity:

 Common stock, $.001 par value                    28              28

 Additional paid-in capital                       294,711         292,809

 Retained earnings                                74,693          458,345

 Accumulated other comprehensive income (loss)    (4,228  )       (4,229    )

                                                  365,204         746,953

  Total liabilities and stockholders' equity    $ 681,606       $ 1,028,124




JAKKS Pacific, Inc. and Subsidiaries

Third Quarter Earnings Announcement, 2009

Condensed Statements of Income (Unaudited)

                   Three Months Ended September  Nine Months Ended September 30,
                   30,

                   2009         2008             2009          2008

                   (In thousands, expect per share data)

Net sales          $ 351,438    $ 357,824        $ 604,932     $ 634,050

Less cost of
sales

 Cost of goods       195,096      188,020          354,074       330,693

 Royalty expense     32,487       36,650           90,595        64,307

 Amortization of     8,146        4,089            13,649        10,486
 tools and molds

 Cost of sales       235,729      228,759          458,318       405,486

  Gross profit       115,709      129,065          146,614       228,564
  (loss)

Direct selling       17,729       21,390           42,764        45,834
expenses

Selling, general
and                  38,255       38,433           116,014       103,250
administrative
expenses

Depreciation and     7,379        2,828            12,895        8,392
amortization

Write-down of
other intangible     -            9,076            8,221         9,076
assets

Write-down of        -            -                407,125       -
goodwill

  Income (loss)      52,346       57,338           (440,405 )    62,012
  from operations

Other income
(expense):

 Profit from
 video game joint    (1,919  )    743              (21,924  )    4,470
 venture

 Interest income     29           709              277           2,802

 Interest
 expense, net of     (1,267  )    2,013            (3,800   )    (1,187  )
 benefit

Income (loss)
before provision     49,189       60,803           (465,852 )    68,097
(benefit) for
income taxes

Provision
(benefit) for        15,480       6,658            (82,200  )    8,919
income taxes

Net income (loss)  $ 33,709     $ 54,145         $ (383,652 )  $ 59,178

 Earnings (loss)
 per share -       $ 1.06       $ 1.70           $ (14.11   )  $ 1.88
 diluted (basic)

 Shares used in
 earnings (loss)     32,505       32,257           27,193        32,728
 per share




JAKKS Pacific, Inc. and Subsidiaries

Reconciliation of GAAP to non-GAAP Results

Condensed Statements of Income (Unaudited)

                             Three Months Ended        Nine Months Ended
                             September 30,             September 30,

                             2009         2008         2009          2008

                             (In thousands, expect per share data)

Net sales                    $ 351,438    $ 357,824    $ 604,932     $ 634,050

 Change in net sales -         610          -            610           -
 recall

 Non-GAAP net sales          $ 352,048    $ 357,824    $ 605,542     $ 634,050

Income (loss) from           $ 33,709     $ 54,146     $ (383,652 )  $ 59,178
operations as reported

Non-GAAP adjustments:

 Change in net sales -         -            -            610           -
 recall

 Changes in cost of sales:

  Impairment of inventory      2,186        2,663        25,534        3,878

  Impairment of inventory -    -            -            658           -
  recall

  Write-down of
  abandoned/underperforming    143          1,949        33,366        2,381
  licenses

  Total changes in cost of     2,329        4,611        59,558        6,259
  sales

 Other G&A Expenses

  Write-down of Other          -            9,076        8,221         9,076
  Intangible Assets

  Write-down of Joint          1,045        -            23,544        -
  Venture receivable

  Write-down of Goodwill       -            -            407,125       -

  Write-off of obsolete        -            (1,975  )    2,316         (1,975  )
  tools and molds

  Interest Expense                          (3,147  )                  (2,288  )

 Tax impact of above items     (1,146  )    (16,073 )    (93,432  )    (16,891 )

 Total non-GAAP adjustments    2,227        (7,508  )    407,942       (5,818  )

Non-GAAP income (loss) from  $ 35,936     $ 46,638     $ 24,290      $ 53,360
continuing operations

Non-GAAP earnings (loss)     $ 1.128      $ 1.469      $ 0.826       $ 1.698
per share - diluted:

  Shares used in earnings      32,505       32,257       32,093        32,728
  per share diluted




JAKKS Pacific, Inc. and Subsidiaries

Reconciliation GAAP to Non-GAAP Annual Guidance

Condensed Statements of Income (Unaudited)

(In thousands, expect per share data)

                                                   FY 2009

Net sales                                          $ 810,051

 Change in net sales - recall                        610

 Non-GAAP net sales                                $ 810,661

Income (loss) from operations as reported          $ (378,000 )

Non-GAAP adjustments:

 Change in net sales- recall                         610

 Changes in cost of sales:

  Impairment of inventory                            25,534

  Impairment of inventory - recall                   658

  Write-off of abandoned/underperforming licenses    33,366

  Total changes in cost of sales                     59,558

 Other G&A Expenses

  Write-down of Other Intangible Assets              8,221

  Write-down of Joint Venture receivable             23,544

  Write-down of Goodwill                             407,125

  Write-off of obsolete tools and molds              2,316

 Tax impact of above items                           (93,432  )

 Total non-GAAP adjustments                          407,942

Non-GAAP income (loss) from continuing operations  $ 29,942

Non-GAAP earnings (loss) per share - diluted:      $ 1.01

  Shares used in earnings per share diluted          32,444




    Source: JAKKS Pacific, Inc.


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