-----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, VeHbj+o0jUOP/yDYaTJaSqirR9cbvJ1dELl4gHZeplqKd+gluMJG/ndxImDsuvNr EYLHMTPDBjw74Xh/LhdsxA== 0001157523-09-004420.txt : 20090610 0001157523-09-004420.hdr.sgml : 20090610 20090610162349 ACCESSION NUMBER: 0001157523-09-004420 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20090610 ITEM INFORMATION: Results of Operations and Financial Condition ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20090610 DATE AS OF CHANGE: 20090610 FILER: COMPANY DATA: COMPANY CONFORMED NAME: LUBYS INC CENTRAL INDEX KEY: 0000016099 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-EATING PLACES [5812] IRS NUMBER: 741335253 STATE OF INCORPORATION: DE FISCAL YEAR END: 0827 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-08308 FILM NUMBER: 09884908 BUSINESS ADDRESS: STREET 1: 13111 NORTHWEST FREEWAY STREET 2: SUITE 600 CITY: HOUSTON STATE: TX ZIP: 77040 BUSINESS PHONE: (713) 329 6800 MAIL ADDRESS: STREET 1: 13111 NORTHWEST FREEWAY STREET 2: SUITE 600 CITY: HOUSTON STATE: TX ZIP: 77040 FORMER COMPANY: FORMER CONFORMED NAME: LUBYS CAFETERIAS INC DATE OF NAME CHANGE: 19920703 FORMER COMPANY: FORMER CONFORMED NAME: CAFETERIAS INC DATE OF NAME CHANGE: 19810126 8-K 1 a5984319.htm LUBY'S, INC. 8-K

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): June 10, 2009

Luby's, Inc.
(Exact name of registrant as specified in its charter)

Delaware

001-8308

74-1335253

(State or other jurisdiction of

incorporation or organization)

 

(Commission File Number)

 

(IRS Employer Identification Number)

 

13111 Northwest Freeway, Suite 600

Houston, Texas 77040

(Address of principal executive offices, including zip code)

(713) 329-6800
(Registrant's telephone number, including area code)
 
(Former name, former address and former fiscal year, 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:

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 June 10, 2009, the Company released a press release announcing the results of the third quarter ended May 6, 2009.  A copy of that release is attached as Exhibit 99.1.  The information and exhibit furnished under Item 2.02 of this Current Report on Form 8-K shall not be deemed to be “filed” for the purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liabilities of that section.

ITEM 9.01.          FINANCIAL STATEMENTS AND EXHIBITS.

Exhibit   99.1     Luby’s Press release dated June 10, 2009


SIGNATURES

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.

 

LUBY'S, INC.

(Registrant)
 
Date:

June 10, 2009

By:  

/s/ Christopher J. Pappas

Christopher J. Pappas

President and Chief Executive Officer


EXHIBIT INDEX

Exhibit No.

Description

 
99.1

Luby’s Press Release dated June 10, 2009

EX-99.1 2 a5984319ex99_1.htm EXHIBIT 99.1

Exhibit 99.1

Luby’s Announces Third Quarter Fiscal 2009 Results

HOUSTON--(BUSINESS WIRE)--June 10, 2009--Luby’s, Inc. (NYSE:LUB) today announced unaudited financial results for the third quarter of fiscal 2009, a twelve-week period, which ended on May 6, 2009.

Third Quarter Highlights:

  • Restaurant sales were $66.0 million, a decrease of $6.7 million compared to the same quarter last year; approximately $1.5 million of the reduction in sales related to closed operations partially offset by new restaurant sales.
  • Culinary contract services revenue increased to $3.0 million in the third quarter compared to $1.8 million in the same quarter last year. The increase was due to culinary contract services operating 13 facilities as of May 6, 2009 compared to operating 9 facilities as of May 7, 2008.
  • Restaurant sales declined $6.7 million in the third quarter but store level profit declined only $1.4 million due to effective cost management. The Company defines store level profit as restaurant sales minus costs of food, payroll and related costs and other operating expenses.
  • Same-store sales, which consisted of 118 restaurants, decreased approximately 8.9% due primarily to declines in guest traffic partially offset by higher menu prices. The third quarter fiscal 2009 partially benefited from the favorable timing of Lent in the third quarter. Adjusted for this item, the Company estimated same-store sales declined approximately 9.4% in the third quarter fiscal 2009.

Same-Store Sales (118 stores)

        Q1FY09       Q2FY09       Q3FY09       YTD
Reported (6.7%) (3.2%) (8.9%) (6.3%)
Adjusted

(3.8%)

a

(5.0%)

b

(9.4%)

c

(6.1%)

d
a) The first quarter fiscal 2009 was adversely affected by the unfavorable timing of Thanksgiving, which occurred after quarter-end, and by the closure of stores related to Hurricane Ike.
b) The second quarter fiscal 2009 benefited from the favorable timing of Thanksgiving at the beginning of the quarter and, to a lesser extent, was adversely affected by the unfavorable timing of Lent, which began after quarter-end.
c) The third quarter fiscal 2009 partially benefited from the favorable timing of Lent.
d) Includes all footnotes.

Total sales decreased 7.5% in the third quarter fiscal 2009 to $69.0 million, compared to $74.6 million in the same quarter last year. Culinary contract services sales were $3.0 million in the third quarter compared to $1.8 million in the same quarter last year. Restaurant sales in the third quarter were $66.0 million compared to $72.7 million in the same quarter last year. The $6.7 million decline in restaurant sales included a $1.5 million reduction in sales related to closed operations partially offset by new restaurant sales.

The Company reported a loss from continuing operations in the third quarter of $1.0 million, or $0.04 per diluted share, compared to income from continuing operations of $1.0 million, or $0.03 per diluted share in the same quarter last year. Included in the loss from continuing operations this year are the after tax impact of the following items; 1) approximately $0.02 per diluted share due to an impairment charge for the decrease in fair value investment and 2) approximately $0.01 per diluted share net gain on disposition of property and equipment primarily due to insurance proceeds associated with an insurance settlement related to Hurricane Ike.


“In the third quarter we experienced a continuation of the macro-economic environment pressure and its affect on customer frequency and sales. However, our team controlled costs well in the quarter to preserve store level margins,” said Chris Pappas, President and CEO. “We remain committed to developing and introducing offerings and price points aimed to increase customer frequency with the long-term goal of growing profitability and cash flow from operations at our existing restaurants.”

Food costs decreased approximately $1.9 million in the third quarter fiscal 2009 compared to the same quarter last year due to lower sales volume. Food costs as a percentage of restaurant sales decreased to 27.3% in the third quarter fiscal 2009 from 27.4% in the third quarter last year primarily due to lower commodity costs, offset by higher menu prices.

Payroll and related costs decreased $1.2 million in the third quarter fiscal 2009 compared to the same quarter last year due to lower crew overtime and lower management costs offset by higher average wages paid to crew employees. Payroll and related costs as a percentage of restaurant sales increased to 36.5% in the third quarter fiscal 2009 from 34.8% in the same quarter last year, primarily due to reduced restaurant sales.

Other operating expenses primarily include restaurant-related expenses for utilities, repairs and maintenance, advertising, insurance, supplies, services and occupancy costs. Other operating expenses decreased by approximately $2.2 million compared to the same quarter last year. As a percentage of restaurant sales, other operating expenses decreased to 22.6% compared to 23.5% in the same quarter last year. Other operating expenses decreased primarily due to 1) an approximate $0.7 million reduction in repairs and maintenance expense related to improvements in cost controls, 2) an approximate $0.8 million, net decrease in restaurant supplies, services and other operating expenses on reduced restaurant sales, and 3) an approximate $0.7 million reduction in utility expense.

Depreciation and amortization expense increased approximately $0.3 million in the third quarter fiscal 2009 compared to the same quarter last year due to higher depreciable asset base generated by increased capital expenditures in fiscal 2008, including the opening of three restaurants, as well as upgrades and remodels to existing units.

General and administrative expenses include corporate salaries and benefits related costs, including restaurant area leaders, share-based compensation, professional fees, travel and recruiting expenses and other office expenses. General and administrative expenses increased by approximately $0.2 million in the third quarter fiscal 2009 compared to the same quarter last year. As a percentage of total sales, general and administrative expenses increased to 8.6% in the third quarter compared to 7.7% in the same quarter last year. The increase was due to approximately $0.3 million in professional fees primarily related to the defense of pending claims and $0.1 million in severance expense.

Conference Call

The Company will host a conference call today at 4:00 p.m., Central Time, to discuss third quarter fiscal 2009 results. To access the call live, dial 888-755-9496 and use the participant pin code, Lubys (58297), at least 10 minutes prior to the start time, or listen live over the Internet by logging on to www.lubys.com.

About Luby’s

Luby’s operates 120 restaurants in Austin, Dallas, Houston, San Antonio, the Rio Grande Valley and other locations throughout Texas and other states. Luby’s provides its customers with quality home-style food, value pricing, and outstanding customer service.


This press release contains statements that are “forward-looking statements” 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. All statements contained in this press release, other than statements of historical fact, are “forward-looking statements” for purposes of these provisions, including the statements under the caption “Company Outlook” and any other statements regarding plans for expansion of the Company’s business, scheduled openings of new units, expected levels of capital expenditures, and expectations of industry conditions.

The Company wishes to caution readers that various factors could cause its actual financial and operational results to differ materially from those indicated by forward-looking statements made from time to time in news releases, reports, proxy statements, registration statements, and other written communications, as well as oral statements made from time to time by representatives of the Company. The following factors, as well as any other cautionary language included in this press release, provide examples of risks, uncertainties and events that may cause the Company's actual results to differ materially from the expectations the Company describes in its “forward-looking statements”: general business and economic conditions; the impact of competition; our operating initiatives; fluctuations in the costs of commodities, including beef, poultry, seafood, dairy, cheese and produce; increases in utility costs, including the costs of natural gas and other energy supplies; changes in the availability and cost of labor; the seasonality of the Company’s business; changes in governmental regulations, including changes in minimum wages; the effects of inflation; the availability of credit; unfavorable publicity relating to operations, including publicity concerning food quality, illness or other health concerns or labor relations; the continued service of key management personnel; and other risks and uncertainties disclosed in the Company’s annual reports on Form 10-K and quarterly reports on Form 10-Q.


Luby’s, Inc.

Consolidated Statements of Operations (unaudited)

(In thousands except per share data)

               
Quarter Ended Three Quarters Ended
May 6,
2009
May 7,
2008
May 6,
2009
May 7,
2008
(12 weeks) (12 weeks) (36 weeks) (36 weeks)
SALES:
Restaurant sales $ 66,030 $ 72,753 $ 199,645 $ 215,360
Culinary contract services   2,968     1,843     9,001     5,239  
 
TOTAL SALES 68,998 74,596 208,646 220,599
COSTS AND EXPENSES:
Cost of food 18,022 19,965 55,152 59,560
Payroll and related costs 24,132 25,322 72,731 74,256
Other operating expenses 14,930 17,125 45,753 48,458
Opening costs 292 190 785 212
Cost of culinary contract services 2,866 1,582 8,207 4,660
Depreciation and amortization 4,347 4,088 13,051 12,058
General and administrative expenses 5,955 5,711 17,703 18,568
Provision for asset impairments, net 233 717
Net (gain) loss on disposition of property and equipment   (388 )   114     (533 )   209  
Total costs and expenses   70,156     74,097     213,082     218,698  
 
INCOME (LOSS) FROM OPERATIONS (1,158 ) 499 (4,436 ) 1,901
Interest income 22 231 181 904
Interest expense (66 ) (58 ) (208 ) (158 )
Impairment charge for decrease in fair value of investments (664 ) (794 )
Interest income related to income taxes 1,319
Other income, net   263     308     754     720  
 
Income (loss) before income taxes and discontinued operations (1,603 ) 980 (4,503 ) 4,686
Benefit for income taxes   (599 )   (27 )   (1,552 )   (1,435 )
 
Income (loss) from continuing operations (1,004 ) 1,007 (2,951 ) 6,121
Loss from discontinued operations, net of income taxes   (49 )   (58 )   (148 )   (116 )
 
NET INCOME (LOSS) $ (1,053 ) $ 949   $ (3,099 ) $ 6,005  
 
Income (loss) per share from continuing operations:
Basic $ (0.04 ) $ 0.03 $ (0.11 ) $ 0.22
Assuming dilution   (0.04 )   0.03     (0.11 )   0.21  
 
Loss per share from discontinued operations:
Basic $ $ $ $
Assuming dilution                
 
Net income (loss) per share:
Basic $ (0.04 ) $ 0.03 $ (0.11 ) $ 0.22
Assuming dilution   (0.04 )   0.03     (0.11 )   0.21  
 
Weighted average shares outstanding:
Basic 27,976 27,925 27,961 27,739
Assuming dilution 27,976 28,042 27,961 28,074

The following table contains information derived from the Company’s Consolidated Statements of Operations expressed as a percentage of sales. Percentages may not add due to rounding.

    Quarter Ended     Three Quarters Ended
May 6,     May 7, May 6,     May 7,
2009 2008 2009 2008
(12 weeks) (12 weeks) (36 weeks) (36 weeks)
 
Restaurant sales 95.7 % 97.5 % 95.7 % 97.6 %
Culinary contract services 4.3 % 2.5 % 4.3 % 2.4 %
TOTAL SALES 100 % 100 % 100 % 100 %
 
COSTS AND EXPENSES:
(As a percentage of restaurant sales)
Cost of food 27.3 % 27.4 % 27.6 % 27.7 %
Payroll and related costs 36.5 % 34.8 % 36.4 % 34.5 %
Other operating expenses 22.6 % 23.5 % 22.9 % 22.5 %
Store level profit 13.5 % 14.2 % 13.0 % 15.4 %
 
(As a percentage of total sales)
General and administrative expenses 8.6 % 7.7 % 8.5 % 8.4 %
INCOME (LOSS) FROM OPERATIONS (1.7 )% 0.7 % (2.1 )% 0.9 %

 

Luby’s, Inc.

Consolidated Balance Sheets

   
May 6,
2009
August 27,
2008
(Unaudited)
ASSETS
Current Assets:
Cash and cash equivalents $ 2,395 $ 4,566
Trade accounts and other receivables, net 3,192 3,368
Food and supply inventories 3,253 3,048
Prepaid expenses 1,345 1,627
Deferred income taxes   2,408     1,580  
 
Total current assets 12,593 14,189
Property and equipment, net 193,211 198,118
Long-term investments 7,206 8,525
Property held for sale 5,199 5,282
Other assets   343     407  
 
Total assets $ 218,552   $ 226,521  
 
LIABILITIES AND SHAREHOLDERS’ EQUITY
Current Liabilities:
Accounts payable $ 10,807 $ 14,268
Accrued expenses and other liabilities   14,829     17,712  
 
Total current liabilities 25,636 31,980
Credit facility debt 2,000
Deferred rent 2,815 2,985
Other liabilities   2,150     3,607  
 
Total liabilities   32,601     38,572  
 
Commitments and Contingencies
SHAREHOLDERS’ EQUITY

Common stock, $0.32 par value; 100,000,000 shares authorized;
Shares issued were 28,482,316 and 28,439,214, respectively;
Shares outstanding were 27,982,316 and 27,939,214, respectively

9,114 9,101
Paid-in capital 21,493 20,405
Retained earnings 160,119 163,218
Less cost of treasury stock, 500,000 shares   (4,775 )   (4,775 )
 
Total shareholders’ equity   185,951     187,949  
 
Total liabilities and shareholders’ equity $ 218,552   $ 226,521  

 

Luby’s, Inc.

Consolidated Statements of Cash Flows (unaudited)

(In thousands)

   
Three Quarters Ended
May 6,
2009
May 7,
2008
(36 weeks) (36 weeks)
CASH FLOWS FROM OPERATING ACTIVITIES:
Net income (loss) $ (3,099 ) $ 6,005
Adjustments to reconcile net income (loss) to net cash provided by operating activities:
Provision for asset impairments, net of gains and losses on property sales (859 ) 926
Depreciation and amortization 13,051 12,058
Impairment charge for decrease in fair value of investments 794

-

Amortization of debt issuance cost 60 61
Non-cash compensation expense 195 169
Share-based compensation expense 906 864
Interest related to income taxes

-

(1,319 )
Deferred tax provision (benefit)   (1,816 )   1,400  
 
Cash provided by operating activities before changes in operating assets and liabilities 9,232 20,164
Changes in operating assets and liabilities:
Decrease in trade accounts and other receivables, net 176 162
Increase in food and supply inventories (205 ) (313 )
Decrease in prepaid expenses and other assets 286 613
Decrease in accounts payable, accrued expenses and other liabilities   (6,094 )   (3,833 )
 
Net cash provided by operating activities   3,395     16,793  
 
CASH FLOWS FROM INVESTING ACTIVITIES:
Proceeds from redemption or maturity of short-term investments

-

19,600
Purchases of short-term investments

-

(25,650 )
Proceeds from redemption or maturity of long-term investments 525

-

Proceeds from disposal of assets and property held for sale 2,244 2,353
Purchases of property and equipment   (10,335 )   (25,350 )
 
Net cash used in investing activities   (7,566 )  

(29,047

)

 
CASH FLOWS FROM FINANCING ACTIVITIES:
Credit facility borrowings 14,000

-

Credit facility repayments

(12,000

)

-

Purchase of treasury stock

-

(4,775

)

Proceeds received on the exercise of stock options  

-

   

11,243

 
 
Net cash provided by financing activities   2,000     6,468  
 
Net decrease in cash and cash equivalents

(2,171

)

(5,786

)

Cash and cash equivalents at beginning of period   4,566     17,514  
 
Cash and cash equivalents at end of period $ 2,395   $ 11,728  
 
Cash paid for:
Income taxes

$

-

$ 1,602
Interest 135 87

CONTACT:
Luby’s, Inc.
Rick Black, 713-329-6808

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