-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, WbXTZrT/p+1KoFz7vGxrLwNRzxd2d5txXLvI6Us9Nw9zU/lujMdYsZAWoi/qlVyJ s1jYvihy46sktDLAFvj/Gg== 0001144204-09-040999.txt : 20090806 0001144204-09-040999.hdr.sgml : 20090806 20090806170841 ACCESSION NUMBER: 0001144204-09-040999 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20090806 ITEM INFORMATION: Results of Operations and Financial Condition ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20090806 DATE AS OF CHANGE: 20090806 FILER: COMPANY DATA: COMPANY CONFORMED NAME: BRT REALTY TRUST CENTRAL INDEX KEY: 0000014846 STANDARD INDUSTRIAL CLASSIFICATION: REAL ESTATE INVESTMENT TRUSTS [6798] IRS NUMBER: 132755856 STATE OF INCORPORATION: MA FISCAL YEAR END: 0930 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-07172 FILM NUMBER: 09992487 BUSINESS ADDRESS: STREET 1: 60 CUTTER MILL RD STREET 2: SUITE 303 CITY: GREAT NECK STATE: NY ZIP: 11021-3190 BUSINESS PHONE: 5164663100 FORMER COMPANY: FORMER CONFORMED NAME: BERG ENTERPRISES REALTY GROUP DATE OF NAME CHANGE: 19750724 8-K 1 v156737_8k.htm
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) August 6, 2009

BRT REALTY TRUST
(Exact name of Registrant as specified in charter)
 
 
Massachusetts
001-07172
13-2755856
(State or other
(Commission file No.)
(IRS Employer
jurisdiction of
 
I.D. No.)
incorporation)
   

 
60 Cutter Mill Road, Suite 303, Great Neck, New York
   11021
 
 
 (Address of principal executive offices)
      (Zip code)
 

        Registrant's telephone number, including area code     516-466-3100

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 August 6, 2009, BRT Realty Trust issued a press release announcing its results of operations for the three and nine months ended June 30, 2009.  The press release is attached as an exhibit to this Current Report on Form 8-K.  This information and the exhibit attached hereto are being furnished pursuant to Item 2.02 of Form 8-K and are not to be considered "filed" under the Securities Exchange Act of 1934, as amended (the "Exchange Act"), and shall not be incorporated by reference into any previous or future filing by registrant under the Securities Act of 1933, as amended, or the Exchange Act.

Item 9.01
Financial Statements and Exhibits.
 
 
(d)  
Exhibits.
 
 
99.1
Press release dated August 6, 2009.
 
 
 

 

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.
 
  BRT REALTY TRUST  
       
Date:  August 6, 2009  
By:
/s/ Simeon Brinberg  
  Simeon Brinberg  
  Senior Vice President  

 
 

 
 
EX-99.1 2 v156737_ex99-1.htm

Exhibit 99.1

BRT REALTY TRUST
60 Cutter Mill Road
Suite 303
Great Neck, New York 11021
Telephone (516) 466-3100
Telecopier (516) 466-3132
www.BRTRealty.com

BRT REALTY TRUST
REPORTS RESULTS OF OPERATIONS
FOR THE QUARTER AND NINE MONTHS ENDED JUNE 30, 2009

Great Neck, New York – August 6, 2009 – BRT REALTY TRUST (NYSE:BRT) today reported that for the three months ended June 30, 2009, it had total revenues of $2,694,000 and a net loss of $5,263,000, or a loss of $.45 per share.  For the three months ended June 30, 2008, BRT reported total revenues of $5,135,000 and a net loss of $5,682,000, or a loss of $.48 per share.  The weighted average number of common shares outstanding for the quarter ending June 30, 2009 and 2008 was 11,624,219 and 11,768,857, respectively.

In reviewing the results of operations for the quarters ended June 30, 2009 and June 30, 2008, Jeffrey A. Gould, President and Chief Executive Officer of BRT, noted that although the losses in the periods are comparable in amount, the reasons for the losses are different.  The loss for the June 30, 2009 quarter is principally due to a 48% decline in total revenues and $2,582,000 of impairment charges (of which $2,211,000 relates to real estate held for sale).  The loss in the quarter ending June 30, 2009 also gave effect to a one time expense for fees and costs related to restructuring BRT’s trust preferred debt and additional general and administrative expenses relating to the workout of loans secured by assemblage sites located in downtown Newark, New Jersey and negotiating and organizing the joint venture which acquired ownership of these assemblage sites.  The additional expenses in the 2009 three month period were offset by a decrease in interest expense, the advisor’s fee and foreclosure related professional fees.  There was no loan loss provision required in the quarter ended June 30, 2009.  The results of operations for the June 30, 2008 quarter gave effect to a $6,400,000 provision for loan losses and a $6,847,000 impairment charge against real estate owned (of which $5,402,000 relates to real estate held for sale) and, to a lesser extent, a decline in total revenues and an increase in real estate operating expenses due to operation of properties after acquisition in the foreclosure process.  Offsetting the losses in the quarter ending June 30, 2008 was a $7,885,000 gain on sale of available-for-sale securities.

For the nine months ended June 30, 2009, BRT reported total revenues of $11,954,000 and a net loss of $51,222,000, or a loss of $4.39 per share.  For the comparable nine months ended June 30, 2008, BRT reported total revenues of $17,715,000 and a net loss of $2,466,000, or a loss of $.21 per share.  The weighted average number of common shares outstanding for the nine months ending June 30, 2009 and 2008 was 11,667,055 and 11,623,249, respectively.

Contributing significantly to the loss in the nine months ending June 30, 2009 is a provision for loan losses of $17,530,000 and impairment charges of $26,833,000 (of which $17,522,000 relates to real estate held for sale) principally occurring in the first six months, as compared to a provision for loan losses of $11,700,000 and impairment charges of $6,800,000 (of which $5,305,000 relates to real estate held for sale) in the nine months ended June 30, 2008.  Also contributing to the loss in the nine months ending June 30, 2009 versus the nine months ending June 30, 2008 is (i) a $5,818,000 decline in interest on loans, (ii) an $854,000 decline in fee income, (iii) a $995,000 decline in investment income, (iv) an increase in expenses related to real estate properties of $2,577,000, and (v) a decline of $3,305,000 in equity in earnings of joint ventures.  Offsetting these items to a limited extent was (a) a $1,906,000 increase in income from real estate, (b) a $1,454,000 decrease in interest expense, (c) a $431,000 decrease in the advisor’s fee, and (d) a $977,000 decrease in foreclosure professional fees.  The nine months ended June 30, 2008 also benefitted from a $11,703,000 gain on available-for-sale securities compared to a $92,000 gain on the sale of available-for-sale securities in the nine months ended June 30, 2009.
 
 
 

 

Mr. Gould commented that the credit crisis and the economic recession seriously affected the commercial real estate markets in 2008 and in 2009.  With respect to significantly all of the loans which became non-earning in 2008 and in 2009, BRT borrowers have been unable to obtain financing to proceed with planned development or improvement of their properties, unable to raise additional equity, unable to refinance mortgage debt and unable to sell condominium units or properties.  As a result, borrowers were unable to support the carrying costs of their properties, and stopped paying interest on the BRT loans and/or did not repay loans at maturity, and the loans went into default.  Mr. Gould further commented that with respect to the loan loss provisions and impairment charges recognized in 2008 and 2009, the values of properties in substantially all regions of the United States significantly declined due to the recession and the extreme difficulty real estate owners and potential buyers of commercial real estate and condominium units have experienced in obtaining mortgage financing.  Under all these circumstances, BRT was required to take the loan loss provisions and impairment charges indicated above.

Lastly, Mr. Gould commented that “Although we can not rule out that we may be required to take additional provisions and/or impairment charges in the near term, we believe that we are now coming out of the cycle of loan defaults, loan loss provisions, foreclosure, property ownership, impairments and property sales and anticipate cautiously moving ahead with loan originations and other positive business activities.”

BRT’s Quarterly Report on Form 10-Q for the quarter and nine months ended June 30, 2009 is expected to be filed with the Securities and Exchange Commission tomorrow, August 7, 2009, before the market opens.

BRT REALTY TRUST is a mortgage-oriented real estate investment Trust.

Certain information contained herein is forward looking within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended, including statements regarding moving ahead with loan originations and other positive business activities.  BRT intends such forward looking statements to be covered by the safe harbor provisions for forward looking statements contained in the Private Securities Litigation Reform Act of 1995 and includes this statement for purposes of complying with these safe harbor provisions.  Forward-looking statements, which are based on certain assumptions and describe our future plans, strategies and expectations, are generally identifiable by use of the words “may,” “will,” “believe,” “expect,” “intend,” “anticipate,” “estimate,” “project,” or similar expressions or variations thereof.  Forward looking statements, including, with respect to a non-performing loans, involve known and unknown risks, uncertainties and other factors, which, in some cases, are beyond BRT’s control and could materially affect actual results, performance or achievements.  Investors are cautioned not to place undue reliance on any forward-looking statements.

Contact: Simeon Brinberg – (516) 466-3100

 
 

 

BRT REALTY TRUST
CONDENSED CONSOLIDATED STATEMENT OF OPERATIONS
(Unaudited)
(In thousands, except per share data)
 
 
   
Three Months Ended
   
Nine Months Ended
 
   
June 30,
   
June 30,
 
   
2009
   
2008
   
2009
   
2008
 
                         
Revenues
  $ 2,694     $ 5,135     $ 11,954     $ 17,715  
                                 
Expenses (a)
    6,087       13,552       43,509       28,936  
                                 
Loss before equity in (loss) earnings  of unconsolidated joint
ventures, gain on sale of joint ventures and available-for-sale
 securities,  minority interest and discontinued operations
    (3,393 )     (8,417 )     (31,555 )     (11,221 )
Equity in earnings (loss) of unconsolidated joint ventures
    104       171       (1,983 )     1,322  
Loss before gain on sale of joint venture interest and available-
for-sale securities, minority interest and discontinued operations
    (3,289 )     (8,246 )     (33,538 )     (9,899 )
Gain on sale of joint venture interests
    -       -       271       -  
Gain on sale of available-for-sale securities
    92       7,885       92       11,703  
Minority interest
    217       (41 )     131       (95 )
(Loss) income from continuing operations
    (2,980 )     (402 )     (33,044 )     1,709  
                                 
Discontinued operations:
                               
(Loss) income from operations
    (329 )     97       (943 )     (294 )
Impairment charges
    (2,211 )     (5,402 )     (17,522 )     (5,305 )
Gain on sale of real estate assets
    257       25       287       1,424  
Loss from discontinued operations
    (2,283 )     (5,280 )     (18,178 )     (4,175 )
                                 
Net loss
  $ (5,263 )   $ (5,682 )   $ (51,222 )   $ (2,466 )
                                 
                                 
                                 
(Loss) earnings per share of beneficial interest:
                               
                                 
(Loss)income from continuing operations
  $ (0.25 )   $ (0.03 )   $ (2.83 )   $ 0.15  
(Loss) income from discontinued operations
    (0.20 )     (0.45 )     (1.56 )     (0.36 )
 Basic and diluted (loss) earnings per share
  $ (0.45 )   $ (0.48 )   $ (4.39 )   $ (0.21 )
                                 
Cash distribution per common share:
  $ -     $ 0.62     $ -     $ 1.86  
                                 
Weighted average number of
 common shares outstanding:
                               
   Basic
    11,624,219       11,768,857       11,667,055       11,623,249  
   Diluted
    11,624,219       11,768,857       11,667,055       11,623,249  
 
(a)
Includes provision for loan loss of $ 17,530 for the nine months ended June 30, 2009 and $6,400 and $11,700 for the three and nine months ended June 30, 2008 respectively.  Also includes impairment charges of $371 and $9,311 for the three and nine months ended June 30, 2009 and $1,445 and $1,495 in the three and nine months ended June 30, 2008, respectively.
 

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