0001336545-12-000046.txt : 20121004 0001336545-12-000046.hdr.sgml : 20121004 20121004103327 ACCESSION NUMBER: 0001336545-12-000046 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20121004 ITEM INFORMATION: Results of Operations and Financial Condition ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20121004 DATE AS OF CHANGE: 20121004 FILER: COMPANY DATA: COMPANY CONFORMED NAME: AMERICAN APPAREL, INC CENTRAL INDEX KEY: 0001336545 STANDARD INDUSTRIAL CLASSIFICATION: BLANK CHECKS [6770] IRS NUMBER: 203200601 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-32697 FILM NUMBER: 121128641 BUSINESS ADDRESS: STREET 1: 747 WAREHOUSE STREET CITY: LOS ANGELES STATE: CA ZIP: 90021 BUSINESS PHONE: 213-488-0226 MAIL ADDRESS: STREET 1: 747 WAREHOUSE STREET CITY: LOS ANGELES STATE: CA ZIP: 90021 FORMER COMPANY: FORMER CONFORMED NAME: Endeavor Acquisition Corp. DATE OF NAME CHANGE: 20050818 8-K 1 a8-k_201209sr.htm 8-K 8-K_2012.09 SR


UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549

FORM 8-K

CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of earliest event reported): October 4, 2012

American Apparel, Inc.
(Exact Name of Registrant as Specified in Charter)


 
 
 
Delaware
001-32697
20-3200601
(State or Other Jurisdiction
of Incorporation)
(Commission File Number)
(IRS Employer
Identification No.)
 
 
 
747 Warehouse Street, Los Angeles, CA
90021-1106
(Address of Principal Executive Offices)
(Zip Code)
Registrant's telephone number, including area code: (213) 488-0226
Not Applicable
(Former Name or Former Address, if Changed Since Last Report)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):
¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
¨     Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
¨     Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
¨     Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))







Item 2.02 Results of Operations and Financial Condition
On October 4, 2012, American Apparel, Inc. (the “Company”) issued a press release announcing preliminary sales for the month and quarter ended September 30, 2012. The press release is furnished herewith as Exhibit 99.1.
The information in this Item 2.02, including Exhibit 99.1 hereto, shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, nor shall such information or exhibit be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, except as shall be expressly set forth by specific reference in such filing.

Item 9.01 Financial Statements and Exhibits.
(d)    Exhibits.
99.1 Press release, dated October 4, 2012, of American Apparel, Inc.










Signature
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.                 
 
 
 
AMERICAN APPAREL, INC.
 
 
 
 
 
 
Dated:
October 4, 2012
 
By:
 /s/ Glenn Weinman
 
 
 
 
Name:
Glenn A. Weinman
 
 
 
 
Title:
Senior Vice President,
General Counsel and Secretary






EXHIBIT INDEX


Exhibit No.        Description
99.1            Press release, dated October 4, 2012, of American Apparel, Inc.



EX-99.1 2 ex991-salesrelease_2012sep.htm EXHIBIT 99.1 Ex 99.1 - Sales Release_2012 September


Exhibit 99.1
American Apparel, Inc. Announces Preliminary September Sales
LOS ANGELES--(BUSINESS WIRE)--American Apparel, Inc. (NYSE MKT: APP), a vertically integrated manufacturer, distributor, and retailer of branded fashion basic apparel, announced preliminary sales for the month ended September 30, 2012 and reported that total net sales on a preliminary basis increased 10% to $51.1 million when compared to the month ended September 30, 2011. Between the same periods, comparable retail and online sales on a preliminary basis increased an estimated 15% and wholesale net sales increased an estimated 1%. For the quarter ended September 30, 2012, total net sales increased an estimated 15% to $162.6 million, comparable retail and online sales increased an estimated 21% and wholesale net sales increased an estimated 6%.
The following delineates the components of the increases for each of the months and the quarterly period ended September 30, 2012, when compared to the corresponding months and quarter of the prior year:
 
 
July
 
August
 
September *
 
2012 Third Quarter *
Comparable Store Sales
 
20%
 
27%
 
14%
 
21%
Comparable Online Sales
 
26%
 
20%
 
19%
 
21%
Comparable Retail & Online
 
21%
 
26%
 
15%
 
21%
Wholesale Net Sales
 
6%
 
12%
 
1%
 
6%
*Preliminary, subject to adjustment
“We are again pleased with our retail store, direct to consumer and wholesale sales,” said Dov Charney, Chief Executive Officer and Chairman of the Board. “I'm particularly encouraged by the strength of our full price business and overall unit sales, and excited that our retail segment growth compares against positive results from the prior year. This past month aligned with our internal expectations, and we anticipate that both our retail and wholesale segments will experience continued sales momentum heading into October and the Holiday selling season. Assuming our sales and EBITDA growth hold through the 4th quarter, we believe that we will be in a position to refinance our existing high cost debt and reduce our cost of capital.”
About American Apparel
American Apparel is a vertically integrated manufacturer, distributor and retailer of branded fashion basic apparel based in downtown Los Angeles, California. As of September 30, 2012 American Apparel had approximately 10,000 employees and operated 251 retail stores in 20 countries, including the United States, Canada, Mexico, Brazil, United Kingdom, Ireland, Austria, Belgium, France, Germany, Italy, Netherlands, Spain, Sweden, Switzerland, Australia, Japan, South Korea and China. American Apparel also operates a global e-commerce site that serves over 60 countries worldwide at http://www.americanapparel.net. In addition, American Apparel also





operates a leading wholesale business that supplies high quality T-shirts and other casual wear to distributors and screen printers.
Safe Harbor Statement
This press release, and other statements that the Company may make, may contain forward-looking statements. Forward-looking statements are statements that are not historical facts and include statements regarding, among other things, the Company's future financial condition, results of operations and plans and the Company's prospects and strategies for future growth and cost savings. Such forward-looking statements are based upon the current beliefs and expectations of American Apparel's management, but are subject to risks and uncertainties, which could cause actual results and/or the timing of events to differ materially from those set forth in the forward-looking statements, including, among others: the ability to generate sufficient liquidity for operations and debt service; changes in the level of consumer spending or preferences or demand for the Company's products; increasing competition, both in the U.S. and internationally; the evolving nature of the Company's business; the Company's ability to hire and retain key personnel and the Company's relationship with its employees; suitable store locations and the Company's ability to attract customers to its stores; the availability of store locations at appropriate terms and the Company's ability to identify and negotiate new store locations effectively and to open new stores and expand internationally; effectively carrying out and managing the Company's strategy, including growth and expansion both in the U.S. and internationally; disruptions in the global financial markets; failure to maintain the value and image of the Company's brand and protect its intellectual property rights; declines in comparable store sales and wholesale revenues; financial nonperformance by the Company's wholesale customers; the adoption of new accounting pronouncements or changes in interpretations of accounting principles; seasonality of the business; consequences of the Company's significant indebtedness, including the Company's relationships with its lenders and the Company's ability to comply with its debt agreements, including the risk of acceleration of borrowings thereunder as a result of noncompliance; the Company's ability to generate cash flow to service its debt; the Company's liquidity and losses from operations; the Company's ability to develop and implement plans to improve its operations and financial position; costs of materials and labor, including increases in the price of yarn and the cost of certain related fabrics; the Company's ability to pass on the added cost of raw materials to its wholesale and retail customers; the Company's ability to improve manufacturing efficiency at its production facilities; the Company's ability to effectively manage inventory and inventory reserves; location of the Company's facilities in the same geographic area; manufacturing, supply or distribution difficulties or disruptions; risks of financial nonperformance by customers; investigations, enforcement actions and litigation, including exposure from which could exceed expectations; compliance with or changes in U.S. and foreign government laws and regulations, legislation and regulatory environments, including environmental, immigration, labor and occupational health and safety laws and regulations; costs as a result of operating as a public company; material weaknesses in internal controls; interest rate and foreign currency risks; loss of U.S. import protections or changes in duties, tariffs and quotas and other risks associated with international business including disruption of markets and foreign supply sources and changes in import and export laws; technological changes in manufacturing, wholesaling, or retailing;





the Company's ability to upgrade its information technology infrastructure and other risks associated with the systems that are used to operate the Company's online retail operations and manage the Company's other operations; adverse changes in its credit ratings and any related impact on financing costs and structure; general economic and industry conditions, including U.S. and worldwide economic conditions; disruptions due to severe weather or climate change; and other risks detailed in the Company's filings with the Securities and Exchange Commission, including the Company's Report on Form 10-K for the year ended December 31, 2011. The Company's filings with the SEC are available at www.sec.gov. You are urged to consider these factors carefully in evaluating the forward-looking statements herein and are cautioned not to place undue reliance on such forward-looking statements, which are qualified in their entirety by this cautionary statement. The forward-looking statements speak only as of the date on which they are made and the Company undertakes no obligation to publicly update such forward-looking statements to reflect subsequent events or circumstances.
Contact:
American Apparel
John J. Luttrell, 213-488-0226
Chief Financial Officer
or
ICR
John Rouleau, 203-682-8342 (Investor Relations)
john.rouleau@icrinc.com