EX-99.1 2 a11-30083_2ex99d1.htm EX-99.1

Exhibit 99.1

 

 

FINAL:  For Release

 

NEW YORK & COMPANY, INC. ANNOUNCES THIRD QUARTER 2011 RESULTS

 

New York, New York — November 17, 2011 — New York & Company, Inc. [NYSE:NWY], a specialty apparel chain with 542 retail stores,  today announced results for the third quarter ended October 29, 2011.

 

Third Quarter Fiscal Year 2011 Results:

 

·                  Net sales were $216.7 million compared to $238.2 million for the third quarter of fiscal year 2010.

 

·                  Comparable store sales decreased 5.2% compared to a 3.6% increase in the third quarter last year.

 

·                  Operating loss was $6.0 million compared to an operating loss of $4.0 million in the third quarter last year.

 

·                  Net loss was $9.0 million, or $0.15 per diluted share and included an unusual tax charge of $2.5 million, or $0.04 per diluted share.  The charge pertains to an IRS income tax audit for tax years prior to and including 2002.

 

·                  Net income for the same period last year was $1.9 million, or $0.03 per diluted share, which included an unusual tax benefit of $6.1 million, or $0.10 per diluted share, reflecting a change in accounting methods for tax purposes, and the previously disclosed unusual charge of $0.01 per diluted share.

 

·                  As previously disclosed, the Company’s income tax provision reflects the continuing impact of its deferred tax valuation allowance initially recorded in the second quarter of fiscal year 2010.

 

Gregory Scott, New York & Company’s CEO, stated:  “We were disappointed with our sales performance during the quarter.  We believe our product continues to resonate with our customers as evidenced by our improved retail inventory turns and while our promotional cadence was the same as last year, it did not drive the level of traffic and transactions that we anticipated.  During the third quarter our outlet strategy remained on track and sales nearly doubled in our eCommerce business versus the third quarter of last year.  Profitability trailed the same period in the prior year; however, we continued to diligently manage expenses during the third quarter and generated leverage in SG&A.  Our balance sheet remains solid with inventory appropriately positioned to capitalize on the holiday season.”

 

Mr. Scott continued:  “Throughout the year-to-date period we have successfully focused our efforts on reducing markdown levels and decreasing the level of promotional activity, while driving more regular price selling as we improve our assortments.  Looking ahead to next year,

 



 

we are focused on increasing New York & Company’s brand awareness and driving incremental traffic to both our stores and online.  We are also excited to build upon the success we have experienced in our outlet business and plan to open between 15 and 20 new locations in fiscal year 2012.  The strong return on investment generated by our outlet stores combined with the growth of our eCommerce business will allow us to continue to advance our multi-channel growth strategy.”

 

During the quarter, the Company accomplished the following:

 

·                                  The Company’s eCommerce business delivered strong sales growth of 98%.

 

·                                  Selling, general and administrative expenses remained well controlled, decreasing by $9.8 million, or 160 basis points, versus the prior year after excluding $1.0 million of separation expenses recorded in the third quarter of fiscal year 2010.

 

·                                  While total inventory increased 7.3% as compared to the end of last year’s third quarter, on-hand inventory, which excludes inventory in-transit, declined by 0.4%.  On an average store basis at quarter end, on-hand inventory was up by 6.4% in advance of an incremental holiday floorset delivery in early November which did not take place in the same period last year.

 

·                                  The Company ended the quarter with $20.7 million of cash-on-hand and $12.0 million of outstanding borrowings under its revolving credit facility, which has a maximum borrowing capacity of $100 million.

 

·                                  The Company remodeled four existing stores and closed one store, ending the quarter with 542 stores, including 26 outlet stores, and 2.9 million selling square feet in operation.

 

For the nine months ended October 29, 2011, net sales were $684.6 million, as compared to $718.5 million for the nine months ended October 30, 2010.  Comparable store sales decreased 2.0% for the nine months ended October 29, 2011, as compared to a 1.5% increase in the prior year period.

 

Operating loss for the nine months ended October 29, 2011 was $24.8 million, as compared to the prior year nine month operating loss of $78.7 million.

 

Net loss for the nine months ended October 29, 2011 was $28.0 million, or $0.46 per diluted share, and included the continuing impact of the Company’s deferred tax valuation allowance initially recorded in the second quarter of fiscal year 2010 and the aforementioned unusual tax charge of $2.5 million, or $0.04 per diluted share, recorded in the third quarter of fiscal year 2011.  This compares to the prior year net loss of $91.5 million, or $1.54 per diluted share, which included the impact of the Company’s deferred tax valuation allowance and previously disclosed unusual charges of $0.09 per diluted share.

 

Outlook

 

Regarding its expectations for the fourth quarter of fiscal year 2011, the Company provided the following:

 



 

·                  Comparable store sales for the fourth quarter of fiscal year 2011 are expected to be down in the low to mid single digit range versus a comparable store sales gain of 1.7% in the same period last year.  The Company will have approximately 529 stores in operation at the end of the fourth quarter as compared to 555 at the end of last year’s fourth quarter.

 

·                  Gross margins are expected to be in the range of 26% to 27% reflecting markdown levels that are consistent with the same period last year combined with increased product costs and a slight deleveraging of fixed buying and occupancy costs.

 

·                  Selling, general and administrative expenses are expected to be down as compared to the prior year; however, as a percentage of net sales these expenses are expected to be approximately flat to up slightly versus the same period last year on lower comparable store sales.

 

·                  The Company expects the effective tax rate for the fourth quarter of fiscal year 2011 to be approximately 0%.  As previously announced, the Company continues to provide for adjustments to the deferred tax valuation allowance initially recorded in the second quarter of fiscal year 2010 offsetting any future tax provisions or benefits resulting in an approximately 0% effective tax rate for GAAP purposes.

 

·                  Total year-end inventories are expected to increase in the high single digit percentage range primarily related to timing of receipts.  On-hand inventory is expected to be approximately flat with increases in in-transit goods to support early Spring selling.  As the Company moves forward into the early part of the first quarter, total inventory is expected to be down from the prior year levels.

 

·                  While the Company expects to utilize its credit facility for certain seasonal working capital needs, it expects to end the year with no borrowings under its credit facility and no long-term debt.

 

·                  Capital expenditures are expected to be approximately $6 million for the fourth quarter of fiscal year 2011, as compared to $2.7 million in the prior year.  Depreciation expense for the period is estimated at $9 million.

 

·                  The Company expects to open one store, close 14 stores and remodel two existing locations, ending the fourth quarter of fiscal year 2011 with approximately 529 stores, including 27 outlet stores.

 

·                  Additionally, the Company expects to expand its outlet channel and open between 15 and 20 outlet locations in fiscal year 2012.

 

Conference Call Information

 

A conference call to discuss the third quarter of fiscal year 2011 results is scheduled for today Thursday, November 17, 2011 at 4:30 pm Eastern Time.  Investors and analysts interested in participating in the call are invited to dial 888-378-0320, referencing conference ID number 1020470, 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 midnight on November 24, 2011 and can be accessed by dialing (877) 870-5176 and entering conference ID number 1020470.

 



 

About New York & Company, Inc.

 

New York & Company, Inc. is a leading specialty retailer of women’s fashion apparel and accessories, and the modern wear-to-work destination for women, providing perfectly fitting pants and NY Style that is feminine, polished, on-trend and versatile—all at an amazing value. The Company’s proprietary branded New York & Company ® merchandise is sold exclusively through its national network of retail stores and eCommerce store at www.nyandcompany.com The Company currently operates 542 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.

 

New York & Company, Inc.

Suzanne Rosenberg

Director, Investor Relations

212-884-2140

 

Investor/Media Contact:

ICR, Inc.

(203) 682-8200

Investor: Allison Malkin

Media: Kristina Jorge

 

Forward Looking Statements: This press release contains certain forward looking statements.  Some of these statements can be identified by terms and phrases such as “anticipate,” “believe,” “intend,” “estimate,” “expect,” “continue,” “could,” “may,” “plan,” “project,” “predict”, and similar expressions and include references to assumptions that the Company believes are reasonable and relate to its future prospects, developments and business strategies.  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) the impact of general economic conditions and their effect on consumer confidence and spending patterns; (ii) changes in the cost of raw materials, distribution services or labor; (iii) the potential for current economic conditions to negatively impact the Company’s merchandise vendors and their ability to deliver products; (iv) the Company’s ability to open and operate stores successfully; (v) seasonal fluctuations in the Company’s business; (vi) the Company’s ability to anticipate and respond to fashion trends; (vii) the Company’s dependence on mall traffic for its sales; (viii) competition in the Company’s market, including promotional and pricing competition; (ix) the Company’s ability to retain, recruit and train key personnel; (x) the Company’s reliance on third parties to manage some aspects of its business; (xi) the Company’s reliance on foreign sources of production; (xii) the Company’s ability to protect its trademarks and other intellectual property rights; (xiii) the Company’s ability to maintain, and its reliance on, its information technology infrastructure; (xiv) the effects of government regulation; (xv) the control of the Company by its sponsors and any potential change of ownership of those sponsors; and (xvi) other risks and uncertainties as described in the Company’s documents filed with the SEC, including its Annual Report on Form 10-K and Quarterly Reports on Form 10-Q. The Company undertakes no obligation to revise the forward looking statements included in this press release to reflect any future events or circumstances.

 



 

Exhibit (1)

 

New York & Company, Inc. and Subsidiaries
Condensed Consolidated Statements of Operations
(Unaudited)

 

(Amounts in thousands, except per share amounts)

 

Three months
ended

October 29,
2011

 

%
of
net
sales

 

Three months
ended
October 30,
2010

 

%
of
net
sales

 

Net sales

 

$

216,708

 

100.0

%

$

238,221

 

100.0

%

 

 

 

 

 

 

 

 

 

 

Cost of goods sold, buying and occupancy costs

 

163,198

 

75.3

%

171,767

 

72.1

%

 

 

 

 

 

 

 

 

 

 

Gross profit

 

53,510

 

24.7

%

66,454

 

27.9

%

 

 

 

 

 

 

 

 

 

 

Selling, general and administrative expenses

 

59,559

 

27.5

%

70,354

 

29.6

%

 

 

 

 

 

 

 

 

 

 

Restructuring charges

 

 

%

100

 

%

 

 

 

 

 

 

 

 

 

 

Operating loss

 

(6,049

)

(2.8

)%

(4,000

)

(1.7

)%

 

 

 

 

 

 

 

 

 

 

Interest expense, net of interest income

 

122

 

0.1

%

190

 

0.1

%

 

 

 

 

 

 

 

 

 

 

Loss on modification and extinguishment of debt

 

144

 

0.1

%

 

%

 

 

 

 

 

 

 

 

 

 

Loss before income taxes

 

(6,315

)

(3.0

)%

(4,190

)

(1.8

)%

 

 

 

 

 

 

 

 

 

 

Provision (benefit) for income taxes

 

2,656

 

1.1

%

(6,044

)

(2.6

)%

 

 

 

 

 

 

 

 

 

 

Net (loss) income

 

$

(8,971

)

(4.1

)%

$

1,854

 

0.8

%

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Basic (loss) earnings per share

 

$

(0.15

)

 

 

$

0.03

 

 

 

 

 

 

 

 

 

 

 

 

 

Diluted (loss) earnings per share

 

$

(0.15

)

 

 

$

0.03

 

 

 

 

 

 

 

 

 

 

 

 

 

Weighted average shares outstanding:

 

 

 

 

 

 

 

 

 

Basic shares of common stock

 

61,134

 

 

 

59,502

 

 

 

Diluted shares of common stock

 

61,134

 

 

 

60,315

 

 

 

 

 

 

 

 

 

 

 

 

 

Selected operating data:

 

 

 

 

 

 

 

 

 

(Dollars in thousands, except square foot data)

 

 

 

 

 

 

 

 

 

Comparable store sales (decrease) increase

 

(5.2

)%

 

 

3.6

%

 

 

Net sales per average selling square foot (a)

 

$

74

 

 

 

$

75

 

 

 

Net sales per average store (b)

 

$

399

 

 

 

$

411

 

 

 

Average selling square footage per store (c)

 

5,412

 

 

 

5,505

 

 

 

 


(a)  Net sales per average selling square foot is defined as net sales divided by the average of beginning and end of period selling square feet.

(b)  Net sales per average store is defined as net sales divided by the average of beginning and end of period number of stores.

(c)  Average selling square footage per store is defined as end of period selling square feet divided by end of period number of stores.

 



 

Exhibit (2)

New York & Company, Inc. and Subsidiaries
Condensed Consolidated Statements of Operations
(Unaudited)

 

(Amounts in thousands, except per share amounts)

 

Nine months
ended

October 29,
2011

 

%
of
net
sales

 

Nine months
ended
October 30,
2010

 

%
of
net
sales

 

Net sales

 

$

684,619

 

100.0

%

$

718,520

 

100.0

%

 

 

 

 

 

 

 

 

 

 

Cost of goods sold, buying and occupancy costs

 

522,195

 

76.3

%

573,451

 

79.8

%

 

 

 

 

 

 

 

 

 

 

Gross profit

 

162,424

 

23.7

%

145,069

 

20.2

%

 

 

 

 

 

 

 

 

 

 

Selling, general and administrative expenses

 

187,186

 

27.3

%

222,466

 

31.0

%

 

 

 

 

 

 

 

 

 

 

Restructuring charges

 

 

%

1,318

 

0.2

%

 

 

 

 

 

 

 

 

 

 

Operating loss

 

(24,762

)

(3.6

)%

(78,715

)

(11.0

)%

 

 

 

 

 

 

 

 

 

 

Interest expense, net of interest income

 

373

 

0.1

%

540

 

0.1

%

 

 

 

 

 

 

 

 

 

 

Loss on modification and extinguishment of debt

 

144

 

%

 

%

 

 

 

 

 

 

 

 

 

 

Loss before income taxes

 

(25,279

)

(3.7

)%

(79,255

)

(11.1

)%

 

 

 

 

 

 

 

 

 

 

Provision for income taxes

 

2,768

 

0.4

%

12,223

 

1.6

%

 

 

 

 

 

 

 

 

 

 

Net loss

 

$

(28,047

)

(4.1

)%

$

(91,478

)

(12.7

)%

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Basic loss per share

 

$

(0.46

)

 

 

$

(1.54

)

 

 

 

 

 

 

 

 

 

 

 

 

Diluted loss per share

 

$

(0.46

)

 

 

$

(1.54

)

 

 

 

 

 

 

 

 

 

 

 

 

Weighted average shares outstanding:

 

 

 

 

 

 

 

 

 

Basic shares of common stock

 

60,703

 

 

 

59,412

 

 

 

Diluted shares of common stock

 

60,703

 

 

 

59,412

 

 

 

 

 

 

 

 

 

 

 

 

 

Selected operating data:

 

 

 

 

 

 

 

 

 

(Dollars in thousands, except square foot data)

 

 

 

 

 

 

 

 

 

Comparable store sales (decrease) increase

 

(2.0

)%

 

 

1.5

%

 

 

Net sales per average selling square foot (a)

 

$

230

 

 

 

$

225

 

 

 

Net sales per average store (b)

 

$

1,247

 

 

 

$

1,243

 

 

 

Average selling square footage per store (c)

 

5,412

 

 

 

5,505

 

 

 

 


(a)  Net sales per average selling square foot is defined as net sales divided by the average of beginning and end of period selling square feet.

(b)  Net sales per average store is defined as net sales divided by the average of beginning and end of period number of stores.

(c)  Average selling square footage per store is defined as end of period selling square feet divided by end of period number of stores.

 


 


 

Exhibit (3)

 

New York & Company, Inc. and Subsidiaries
Condensed Consolidated Balance Sheets

 

(Amounts in thousands)

 

October 29,
2011

 

January 29,
2011

 

October 30,
2010

 

 

 

(Unaudited)

 

(Audited)

 

(Unaudited)

 

Assets

 

 

 

 

 

 

 

Current assets:

 

 

 

 

 

 

 

Cash and cash equivalents

 

$

20,666

 

$

77,392

 

$

22,461

 

Accounts receivable

 

9,804

 

9,756

 

17,708

 

Income taxes receivable

 

470

 

527

 

8,943

 

Inventories, net

 

120,784

 

82,062

 

112,556

 

Prepaid expenses

 

20,556

 

20,707

 

20,868

 

Other current assets

 

1,335

 

1,202

 

1,195

 

Current assets of discontinued operations

 

 

54

 

108

 

Total current assets

 

173,615

 

191,700

 

183,839

 

 

 

 

 

 

 

 

 

Property and equipment, net

 

124,051

 

144,561

 

151,756

 

Intangible assets

 

14,879

 

14,879

 

14,879

 

Deferred income taxes

 

3,716

 

3,362

 

3,647

 

Other assets

 

1,191

 

708

 

741

 

Total assets

 

$

317,452

 

$

355,210

 

$

354,862

 

Liabilities and stockholders’ equity

 

 

 

 

 

 

 

Current liabilities:

 

 

 

 

 

 

 

Current portion — long-term debt

 

$

 

$

7,500

 

$

6,000

 

Short-term borrowings

 

12,000

 

 

9,000

 

Accounts payable

 

77,718

 

73,611

 

84,091

 

Accrued expenses

 

46,379

 

64,072

 

53,860

 

Income taxes payable

 

2,778

 

260

 

2,073

 

Deferred income taxes

 

3,716

 

3,362

 

3,647

 

Current liabilities of discontinued operations

 

 

130

 

265

 

Total current liabilities

 

142,591

 

148,935

 

158,936

 

 

 

 

 

 

 

 

 

Long-term debt, net of current portion

 

 

 

3,000

 

Deferred rent

 

59,052

 

66,862

 

68,738

 

Other liabilities

 

4,954

 

5,576

 

5,582

 

Total liabilities

 

206,597

 

221,373

 

236,256

 

 

 

 

 

 

 

 

 

Total stockholders’ equity

 

110,855

 

133,837

 

118,606

 

Total liabilities and stockholders’ equity

 

$

317,452

 

$

355,210

 

$

354,862

 

 



 

Exhibit (4)

 

New York & Company, Inc. and Subsidiaries
Condensed Consolidated Statements of Cash Flows

(Unaudited)

 

(Amounts in thousands)

 

Nine months
ended
October 29,
2011

 

Nine months
ended
October 30,
2010

 

 

 

 

 

 

 

Operating activities

 

 

 

 

 

Net loss

 

$

(28,047

)

$

(91,478

)

Adjustments to reconcile net loss to net cash used in operating activities:

 

 

 

 

 

Depreciation and amortization

 

29,017

 

31,165

 

Loss from impairment charges

 

887

 

16,283

 

Amortization of deferred financing costs

 

148

 

162

 

Write-off of unamortized deferred financing costs

 

144

 

 

Share-based compensation expense

 

2,865

 

1,829

 

Deferred income taxes

 

 

17,863

 

Changes in operating assets and liabilities:

 

 

 

 

 

Accounts receivable

 

(48

)

(8,261

)

Income taxes receivable

 

57

 

(5,943

)

Inventories, net

 

(38,722

)

(25,497

)

Prepaid expenses

 

151

 

1,740

 

Accounts payable

 

4,107

 

12,072

 

Accrued expenses

 

(17,823

)

(5,072

)

Income taxes payable

 

2,518

 

1,082

 

Deferred rent

 

(7,810

)

(3,282

)

Other assets and liabilities

 

(1,110

)

(36

)

Net cash used in operating activities

 

(53,666

)

(57,373

)

 

 

 

 

 

 

Investing activities

 

 

 

 

 

Capital expenditures

 

(9,367

)

(12,989

)

Proceeds from sale of fixed assets

 

 

936

 

Net cash used in investing activities

 

(9,367

)

(12,053

)

 

 

 

 

 

 

Financing activities

 

 

 

 

 

Proceeds from borrowings under revolving credit facility

 

12,000

 

21,000

 

Repayment of borrowings under revolving credit facility

 

 

(12,000

)

Repayment of debt

 

(7,500

)

(4,500

)

Payment of financing costs

 

(393

)

 

Proceeds from exercise of stock options

 

2,200

 

91

 

Net cash provided by financing activities

 

6,307

 

4,591

 

 

 

 

 

 

 

Net decrease in cash and cash equivalents

 

(56,726

)

(64,835

)

 

 

 

 

 

 

Cash and cash equivalents at beginning of period

 

77,392

 

87,296

 

Cash and cash equivalents at end of period

 

$

20,666

 

$

22,461