-----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, NnleSWZYhAsnOnDcLoLhofPNa2G+C3vO+RV0hpWD6Rp7/RXnbwjksUSE2qyuBQGq ek55ZDLLXiMxVP81JtYb0Q== 0000078239-10-000013.txt : 20100322 0000078239-10-000013.hdr.sgml : 20100322 20100322165413 ACCESSION NUMBER: 0000078239-10-000013 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20100322 ITEM INFORMATION: Results of Operations and Financial Condition ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20100322 DATE AS OF CHANGE: 20100322 FILER: COMPANY DATA: COMPANY CONFORMED NAME: PHILLIPS VAN HEUSEN CORP /DE/ CENTRAL INDEX KEY: 0000078239 STANDARD INDUSTRIAL CLASSIFICATION: MEN'S & BOYS' FURNISHINGS, WORK CLOTHING, AND ALLIED GARMENTS [2320] IRS NUMBER: 131166910 STATE OF INCORPORATION: DE FISCAL YEAR END: 0131 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-07572 FILM NUMBER: 10697026 BUSINESS ADDRESS: STREET 1: 200 MADISON AVENUE CITY: NEW YORK STATE: NY ZIP: 10016 BUSINESS PHONE: 2123813500 MAIL ADDRESS: STREET 1: 200 MADISON AVENUE CITY: NEW YORK STATE: NY ZIP: 10016 8-K 1 eightkmar222010.htm SECURITIES AND EXCHANGE COMMISSION


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)

March 22, 2010



PHILLIPS-VAN HEUSEN CORPORATION
(Exact name of registrant as specified in its charter)


         Delaware

         001-07572

13-1166910

(State or other jurisdiction of incorporation)

          (Commission File Number)

(IRS Employer Identification No.)

        200 Madison Avenue, New York, New York

         10016

(Address of principal executive offices)

          (Zip Code)


Registrant’s telephone number, including area code  (212)-381-3500

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:

¨  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 March 22, 2010, Phillips-Van Heusen Corporation (the “Company”) issued a press release to report the Company’s earnings for the fourth quarter and full year 2009, which is attached to this report as Exhibit 99.1.

The information in this Form 8-K and the Exhibit attached hereto shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934 or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, regardless of any general incorporation language in such filing.


ITEM 9.01

FINANCIAL STATEMENTS AND EXHIBITS

(d)  Exhibits.

Exhibit

Description

99.1

Press Release, dated March 22, 2010.

 

 




 

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.

PHILLIPS-VAN HEUSEN CORPORATION

 

By: /s/ Bruce Goldstein

Bruce Goldstein

Senior Vice President and Controller

 

Date: March 22, 2010



Exhibit Index


Exhibit

Description

99.1

Press Release, dated March 22, 2010.





 EX-99.1 2 exh991eightkprye2009.htm DRAFT 2

EXHIBIT 99.1

PHILLIPS-VAN HEUSEN CORPORATION

200 MADISON AVENUE

NEW YORK, N.Y. 10016


FOR IMMEDIATE RELEASE:

March 22, 2010


Contact:  

Michael Shaffer

Executive Vice President and Chief Financial Officer

(212) 381-3523

www.pvh.com


PHILLIPS-VAN HEUSEN CORPORATION REPORTS 2009

FOURTH QUARTER AND FULL YEAR RESULTS


w

FOURTH QUARTER EPS EXCEEDS COMPANY GUIDANCE AND CONSENSUS ESTIMATE

w

COMPANY ENDS THE YEAR WITH OVER $480 MILLION IN CASH


New York, New York – Phillips-Van Heusen Corporation [NYSE: PVH] reported 2009 fourth quarter and full year results.


Non-GAAP Amounts:

The discussions in this release that refer to non-GAAP amounts exclude the items which are described in this release under the heading “Non-GAAP Exclusions.”  Reconciliations of GAAP to non-GAAP amounts are presented in the tables later in this release and identify and quantify all excluded items.


For the Fourth Quarter of 2009:


·

Earnings per share was $0.61 on a non-GAAP basis, which exceeded the Company’s earnings guidance and the consensus estimate.  Earnings per share in the prior year’s fourth quarter was $0.30 on a non-GAAP basis.  

·

GAAP earnings per share was $0.51, which compares to a GAAP loss per share of $(0.74) in the prior year’s fourth quarter.

·

Revenue was $614.6 million, or an increase of 9% compared to the prior year’s fourth quarter revenue on a non-GAAP basis of $561.3 million.  On a GAAP basis, revenue increased 6% from $577.8 million.



1


Fourth Quarter Revenue:


The momentum of Calvin Klein’s global growth continued during the fourth quarter, with a 22% increase in royalty revenue as compared to the prior year period.  This growth is attributable to strength in jeans, underwear, fragrance, women’s sportswear, dresses and outerwear.


The Company’s wholesale and retail businesses also had a strong fourth quarter, registering combined revenue growth of 10% compared to the prior year period’s non-GAAP amount, or 7% on a GAAP basis.  The Company’s wholesale businesses recorded a 7% revenue increase due, in part, to growth in the Company’s dress furnishings business.  Also contributing to this increase was the planned movement of holiday shipments into the fourth quarter of 2009 from the third quarter of 2009 in order to be closer to the holiday selling season. The Company’s outlet retail divisions delivered fourth quarter 2009 comparable store sales growth of 11%.  


Fourth Quarter Earnings Before Interest and Taxes:


On a GAAP basis, earnings before interest and taxes in the current year’s fourth quarter was $52.8 million as compared to a loss before interest and taxes of $(49.8) million in the prior year period.  Restructuring and other items were $8.7 million in the fourth quarter of 2009 and $85.1 million in the prior year’s fourth quarter.  On a non-GAAP basis, earnings before interest and taxes in the current year’s fourth quarter increased to $61.6 million from $35.4 million in the fourth quarter of 2008.  This increase was due to the revenue increases discussed above, combined with a significant improvement in gross margin across all of our divisions, as the prior year’s fourth quarter included heavy promotional selling.  Impacting fourth quarter 2009 earnings was an increase in expenses of approximately $30 million over the prior year’s fourth quarter related to higher advertising and incentive compensation.


For the Full Year 2009:



2


·

Non-GAAP earnings per share was $2.83 versus prior year’s non-GAAP earnings per share of $2.95. GAAP earnings per share was $3.08, an increase of 75% compared to GAAP earnings per share of $1.76 in the prior year.   

·

Revenue was flat to the prior year’s non-GAAP amount of $2.40 billion.  GAAP revenue was $2.49 billion in the prior year.

·

Calvin Klein royalty revenue increased 6% compared to the prior year, as a 7% increase in royalty revenue on a constant exchange rate basis more than offset a $2.1 million negative impact from a stronger U.S. dollar over the period.


Balance Sheet


The Company ended the year with $480.9 million in cash, an increase of $152.7 million over the prior year.  Receivables and inventories ended the quarter down 2% and 7%, respectively, from the prior year period’s balances reflecting the Company’s continued focus on managing working capital.  Also contributing to the current year’s cash flow increase was a reduction in capital spending.


2010 Guidance


Tommy Hilfiger Acquisition


The Company announced on March 15, 2010 that it had entered into a definitive agreement to purchase Tommy Hilfiger B.V.  The following provides guidance for the Company’s full year and first quarter 2010, without giving effect to the Tommy Hilfiger acquisition and assuming the Company continues on a standalone basis.


Full Year Guidance


Excluding the Effect of the Tommy Hilfiger Acquisition


Earnings per share in 2010 is currently projected to be in the range of $3.20 to $3.28, an increase of 13% to 16% over 2009 on a non-GAAP basis and 4% to 6% on a GAAP basis.  Revenue in 2010 is projected to be $2.47 billion to $2.50 billion, or an increase


3


of 3% to 4% versus 2009.  For the full year, the Company is currently projecting that Calvin Klein royalty revenue will increase 5% to 7%.  Combined revenue for the Company’s existing wholesale and retail businesses is currently planned to grow between 3% and 4%.  Comparable store sales for the Company’s existing retail businesses are currently projected to grow approximately 2% to 3%.


First Quarter Guidance


Excluding the Effect of the Tommy Hilfiger Acquisition


For the first quarter of 2010, earnings per share is currently expected to be $0.73 to $0.75.  First quarter revenue is currently expected to be approximately $590 million to $600 million in 2010, an increase of 6% to 8% from 2009 revenue.  The Company is currently projecting Calvin Klein royalty revenue to increase 6% to 7% in the first quarter of 2009 as compared to the prior year.  The Company is currently projecting revenue for the Company’s combined wholesale and retail businesses to increase 6% to 8% in the first quarter of 2009 as compared to the prior year. Comparable store sales for the Company’s retail businesses are currently projected to grow 6% to 7%.  The Company will incur certain one-time transaction expenses during the first quarter of 2010 related to the Tommy Hilfiger acquisition, whether or not it is consummated, which are not included in the above first quarter guidance.


Impact of the Tommy Hilfiger Acquisition


It is currently anticipated that the Company’s acquisition of Tommy Hilfiger B.V. will close in the second quarter of 2010.  The Company currently expects the Tommy Hilfiger transaction to be immediately accretive to earnings per share before one-time cash integration costs and transaction expenses.  The Company currently estimates earnings accretion of $0.20 to $0.25 per share on a non-GAAP basis in its 2010 fiscal year and earnings accretion of $0.75 to $1.00 per share in its 2011 fiscal year.  The 2010 earnings accretion estimate excludes one-time cash integration costs and transaction expenses of approximately $100 million related to the transaction, or approximately $1.00 per share.



4


CEO Comments


Commenting on these results, Emanuel Chirico, Chairman and Chief Executive Officer, noted, “We are extremely pleased with our 2009 results and the strong performance across all components of our business, enabling us to exceed our previous earnings guidance.  Our heritage brands delivered exceptional results in the fourth quarter, which reinforces what we know to be the strength and relevance of our brands to the consumer in the current “value-oriented” environment.  The global growth momentum of the Calvin Klein brand also accelerated, and royalty revenue increased 22% in the fourth quarter.”


Mr. Chirico continued, “We are positioned to have a strong year in 2010, with new programs being implemented in our wholesale businesses, a very strong start to our outlet retail business and Calvin Klein returning to more historical global growth rates.  Our performance is indicative of the drive our management team has to deliver earnings and growth for the benefit of our stakeholders.  We will continue to strive to achieve our goals as we embark on the unification of two of the world’s largest apparel companies.”


Mr. Chirico concluded, “Both the PVH and Tommy Hilfiger management teams are working hard at completing the previously announced acquisition of Tommy Hilfiger, which we expect to close in the second quarter of 2010.  As we outlined when we announced the deal, the growth prospects for the combined company are strong and the businesses and cultures complementary, resulting in a company that has an attractive balance of domestic and international operations, wholesale and retail revenues, greater breadth and depth in product categories and a platform from which we expect to drive greater value for our customers and stockholders.”


5


Non-GAAP Exclusions:

The discussions in this release that refer to non-GAAP amounts exclude the following:

·

Costs incurred in connection with the Company’s restructuring initiatives announced in the fourth quarter of 2008, including the shutdown of the Company’s domestic production of machine-made neckwear, a realignment of the Company’s global sourcing organization, reductions in warehousing capacity, lease termination fees for the majority of the Company’s Calvin Klein specialty retail stores and other initiatives to reduce corporate and administrative expenses.  Such costs associated with these initiatives are as follows:

o

Pre-tax costs of $25.9 million in 2009, $17.2 million of which was incurred in the first three quarters of 2009 and $8.7 million of which was incurred in the fourth quarter of 2009.

o

Pre-tax costs of $17.8 million that were incurred in the fourth quarter of 2008.  In addition, pre-tax non-cash fixed asset impairment charges of $63.8 million were recorded in the fourth quarter of 2008 that principally related to approximately 200 of the Company’s retail stores.


·

The 2008 operating results and exit costs associated with the Company’s Geoffrey Beene outlet retail division, which was closed during 2008.  The net pre-tax costs related to the operating results and exit costs associated with the Company’s Geoffrey Beene outlet retail division were $17.7 million in 2008, of which $3.5 million related to the fourth quarter of 2008.  Revenue related to the Geoffrey Beene outlet retail division was $94.9 million for the full year 2008 and $16.5 million for the fourth quarter of 2008.


·

The tax benefit of the above pre-tax costs, and a net tax benefit of $29.6 million that was recorded primarily in the third quarter of 2009, related principally to the lapse of the statute of limitations with respect to certain previously unrecognized tax positions.  Taxes are estimated on the Company’s restructuring and other costs at the Company’s normalized tax rate before discrete items.


Please see reconciliations of GAAP to non-GAAP amounts later in this release.



6



The Company webcasts its conference calls to review its earnings releases.  The Company’s conference call to review its year end earnings release is scheduled for Tuesday, March 23, 2010 at 8:30 a.m. EST.  Please log on either to the Company’s web site at www.pvh.com and go to the News Releases page under the Investor Relations tab or to www.companyboardroom.com to listen to the live webcast of the conference call.  The webcast will be available for replay for one year after it is held, commencing approximately two hours after the live broadcast ends.  Please log on to www.pvh.com or www.companyboardroom.com as described above to listen to the replay.  In addition, an audio replay of the conference call is available for 48 hours starting one hour after it is held.  The replay of the conference call c an be accessed by calling (domestic) 888-203-1112 and (international) 719-457-0820 and using passcode #4541338.  The conference call and webcast consist of copyrighted material.  They may not be re-recorded, reproduced, re-transmitted, rebroadcast or otherwise used without the Company’s express written permission.  Your participation represents your consent to these terms and conditions, which are governed by New York law.







7



SAFE HARBOR STATEMENT UNDER THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995: Forward-looking statements in this press release and made during the conference call / webcast, including, without limitation, statements relating to the Company’s future revenue, earnings and cash flows, plans, strategies, objectives, expectations and intentions, including, without limitation, statements relating to the Company’s proposed acquisition of Tommy Hilfiger B.V. and certain related companies (collectively, “Tommy Hilfiger”), are made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995.  Investors are cautioned that such forward-looking statements are inherently subject to risks and uncertainties, many of which cannot be predicted with accuracy, and some of which might not be an ticipated, including, without limitation, the following:  (i) the Company’s plans, strategies, objectives, expectations and intentions are subject to change at any time at the discretion of the Company; (ii) the Company’s proposed acquisition of Tommy Hilfiger is subject to conditions, which may not be satisfied, in which event the transaction may not close; (iii) in connection with the proposed acquisition of Tommy Hilfiger, the Company intends to borrow significant amounts, may be considered to be highly leveraged, and will have to use a significant portion of its cash flows to service such indebtedness, as a result of which the Company might not have sufficient funds to operate its businesses in the manner it intends or has operated in the past; (iv) the levels of sales of the Company’s apparel, footwear and related products, both to its wholesale customers and in its retail stores, the levels of sales of the Company’s licensees at wholesale and retail, and the extent of discounts and promotional pricing in which the Company and its licensees and other business partners are required to engage, all of which can be affected by weather conditions, changes in the economy, fuel prices, reductions in travel, fashion trends, consolidations, repositionings and bankruptcies in the retail industries, repositionings of brands by the Company’s licensors and other factors; (v) the Company’s plans and results of operations will be affected by the Company’s ability to manage its growth and inventory, including the Company’s ability to continue to develop and grow the Calvin Klein businesses in terms of revenue and profitability, and its ability to realize benefits from Tommy Hilfiger, if the acquisition is consummated; (vi) the Company’s operations and results could be affected by quota restrictions and the imposition of safeguard controls (which, among other things, could limit the Company’s ability to produce products in cost-effective countries that have the labor a nd technical expertise needed), the availability and cost of raw materials, the Company’s ability to adjust timely to changes in trade regulations and the migration and development of manufacturers (which can affect where the Company’s products can best be produced), and civil conflict, war or terrorist acts, the threat of any of the foregoing, or political and labor instability in any of the countries where the Company’s or its licensees’ or other business partners’ products are sold, produced or are planned to be sold or produced; (vii) disease epidemics and health related concerns, which could result in closed factories, reduced workforces, scarcity of raw materials and scrutiny or embargoing of goods produced in infected areas, as well as reduced consumer traffic and purchasing, as consumers limit or cease shopping in order to avoid exposure or become ill; (viii) acquisitions and issues arising with acquisitions and proposed transactions, including without limitation, the ability to integrate an acquired entity, such as Tommy Hilfiger, into the Company with no substantial adverse affect on the acquired entity’s or the Company’s existing operations, employee relationships, vendor relationships, customer relationships or financial performance; (ix) the failure of the Company’s licensees to market successfully licensed products or to preserve the value of the Company’s brands, or their misuse of the Company’s brands and (x) other risks and uncertainties indicated from time to time in the Company’s filings with the Securities and Exchange Commission.


This press release includes, and the conference call/webcast will include, certain non-GAAP financial measures, as defined under SEC rules.  A reconciliation of these measures is included in the financial information later in this release, as well as in the Company’s Current Report on Form 8-K furnished to the SEC in connection with this earnings release, which is available on the Company’s website at www.pvh.com and on the SEC’s website at www.sec.gov.


The Company does not undertake any obligation to update publicly any forward-looking statement, including, without limitation, any estimate regarding revenue, earnings or cash flows, whether as a result of the receipt of new information, future events or otherwise.




8


PHILLIPS-VAN HEUSEN CORPORATION

Consolidated Income Statements

(In thousands, except per share data)


 

Quarter Ended

 

Quarter Ended

 

1/31/10

 

2/1/09

 

Results

 

 

 

Results

 

 

 

Under

 

Non-GAAP

 

Under

 

Non-GAAP

 

  GAAP  

Adjustments(1),(3)

  Results  

 

  GAAP  

Adjustments(2),(3)

  Results  

 



 

 




Net sales

$533,983 

 

$533,983 

 

$501,040 

$        16,501      

$   484,539 

Royalty revenue

63,790 

 

63,790 

 

53,899 

 

53,899 

Advertising and other revenue

    16,810 

 

    16,810 

 

    22,847 

                           

       22,847 

Total revenue

$614,583 

 

$614,583 

 

$577,786 

$        16,501      

$   561,285 

 

 

 

 

 

 

 

 

Gross profit on net sales

$226,747 

 

$226,747 

 

$182,895 

$          5,441      

$   177,454 

Gross profit on royalty, advertising and other revenue

    80,600 

 

    80,600 

 

    76,746 

                           

       76,746 

Total gross profit

307,347 

 

307,347 

 

259,641 

5,441      

254,200 

 

 

 

 

 

 

 

 

Selling, general and administrative expenses

  254,534 

$        8,747      

   245,787 

 

   309,420 

         90,583      

   218,837 

 

 

 

 

 

 

 

 

Earnings (loss) before interest and taxes

52,813 

(8,747)     

61,560 

 

(49,779)

(85,142)     

35,363 

 

 

 

 

 

 

 

 

Interest expense, net

      8,251 

                          

      8,251 

 

      7,074 

                          

         7,074 

 

 

 

 

 

 

 

 

Pre-tax income (loss)

44,562 

(8,747)     

53,309 

 

(56,853)

(85,142)     

28,289 

 

 

 

 

 

 

 

 

Income tax expense (benefit)

    17,539 

         (3,283)     

    20,822 

 

   (18,918)

        (31,531)     

       12,613 

 

 

 

 

 

 

 

 

Net income (loss)

$  27,023 

$       (5,464)     

$  32,487 

 

$ (37,935)

$      (53,611)     

$     15,676 

 

 

 

 

 

 

 

 

Diluted net income (loss) per share(4)

$      0.51 

 

$      0.61 

 

$     (0.74)

 

$         0.30 

 

 

 

 

 

 

 

 


Depreciation and amortization expense was as follows:


 

Quarter Ended

 

Quarter Ended

 

1/31/10

 

2/1/09

 

  GAAP  

Adjustments

Non-GAAP

 

  GAAP  

Adjustments

Non-GAAP

 



 

 




Depreciation and amortization

$ 12,193   

 

$    12,193 

 

$  14,515  

 

$     14,515  


(1)

Adjustments for the quarter ended January 31, 2010 represent the elimination of the costs incurred in connection with the Company’s restructuring initiatives announced in the fourth quarter of 2008, principally related to lease termination fees for Calvin Klein specialty retail stores.


(2)

Adjustments for the quarter ended February 1, 2009 represent the elimination of (i) the costs incurred in connection with the Company’s restructuring initiatives announced in the fourth quarter of 2008, including the shutdown of domestic production of machine-made neckwear, a realignment of the Company’s global sourcing organization, reductions in warehousing capacity and other initiatives to reduce corporate and administrative expenses; (ii) fixed asset impairment charges for approximately 200 of the Company’s retail stores; and (iii) the operations of the Company’s Geoffrey Beene outlet retail division and the costs associated with the closing of such division. Included in the total pre-tax loss of $85.1 million are non-cash fixed asset impairments of $64.3 million.


(3)

Taxes are estimated on the Company’s restructuring and other costs at the Company’s normalized tax rate before discrete items.


(4)

Please see Note B to the Notes to Consolidated Income Statements for a reconciliation of diluted net income per share.



9


PHILLIPS-VAN HEUSEN CORPORATION

Consolidated Income Statements

(In thousands, except per share data)


 

Year Ended

 

Year Ended

 

1/31/10

 

2/1/09

 

Results

 

 

 

Results

 

 

 

Under

 

Non-GAAP

 

Under

 

Non-GAAP

 

 GAAP 

Adjustments(1),(3)

  Results  

 

   GAAP   

Adjustments(2),(3)

  Results  

 



 

 




Net sales

$2,070,754 

 

$2,070,754 

 

$2,160,716 

$        94,885      

$2,065,831 

Royalty revenue

245,879 

 

245,879 

 

236,552 

 

236,552 

Advertising and other revenue

       82,098 

 

      82,098 

 

       94,667 

                          

       94,667 

Total revenue

$2,398,731 

 

$2,398,731 

 

$2,491,935 

$        94,885      

$2,397,050 

 

 

 

 

 

 

 

 

Gross profit on net sales

$   854,626 

$        (1,641)     

$   856,267 

 

$   869,449 

$        36,151      

$   833,298 

Gross profit on royalty, advertising and other revenue

     327,977 

                          

     327,977 

 

     331,219 

                          

     331,219 

Total gross profit

1,182,603 

(1,641)     

1,184,244 

 

1,200,668 

36,151      

1,164,517 

 

 

 

 

 

 

 

 

Selling, general and administrative expenses

938,791 

24,256      

914,535 

 

1,028,784 

135,478      

893,306 

 

 

 

 

 

 

 

 

Gain on sale of investments

                   

                          

                    

 

         1,864 

                          

         1,864 

 

 

 

 

 

 

 

 

Earnings (loss) before interest and taxes

243,812 

(25,897)     

269,709 

 

173,748 

(99,327)     

273,075 

 

 

 

 

 

 

 

 

Interest expense, net

       32,229 

                          

       32,229 

 

       27,444 

                          

       27,444 

 

 

 

 

 

 

 

 

Pre-tax income (loss)

211,583 

(25,897)     

237,480 

 

146,304 

(99,327)     

245,631 

 

 

 

 

 

 

 

 

Income tax expense (benefit)

       49,673 

        (39,385)     

       89,058 

 

       54,533 

        (36,850)     

       91,383 

 

 

 

 

 

 

 

 

Net income (loss)

$   161,910 

$        13,488      

$   148,422 

 

$     91,771 

$      (62,477)     

$   154,248 

 

 

 

 

 

 

 

 

Diluted net income per share(4)

$         3.08 

 

$         2.83 

 

$         1.76 

 

$          2.95 

 

 

 

 

 

 

 

 


Depreciation and amortization expense was as follows:


 

Year Ended

 

Year Ended

 

1/31/10

 

2/1/09

 

  GAAP  

Adjustments

Non-GAAP

 

  GAAP  

Adjustments(2)

Non-GAAP

 



 

 




Depreciation and amortization

$  49,889   

 

$    49,889  

 

$  55,366  

$             600    

$     54,766   


(1)

Adjustments for the year ended January 31, 2010 represent the elimination of (i) the costs incurred in connection with the Company’s restructuring initiatives announced in the fourth quarter of 2008, including the shutdown of domestic production of machine-made neckwear, a realignment of the Company’s global sourcing organization, reductions in warehousing capacity, lease termination fees for majority of the Company’s Calvin Klein specialty retail stores and other initiatives to reduce corporate and administrative expenses; and (ii) a net tax benefit of $29.6 million related principally to the lapse of the statute of limitations with respect to certain previously unrecognized tax positions.


(2)

Adjustments for the year ended February 1, 2009 represent the elimination of (i) the costs incurred in connection with the Company’s restructuring initiatives announced in the fourth quarter of 2008, including the shutdown of domestic production of machine-made neckwear, a realignment of the Company’s global sourcing organization, reductions in warehousing capacity and other initiatives to reduce corporate and administrative expenses; (ii) fixed asset impairment charges for approximately 200 of the Company’s retail stores; and (iii) the operations of the Company’s Geoffrey Beene outlet retail division and the costs associated with the closing of such division. Included in the total pre-tax loss of $99.3 million are non-cash fixed asset impairments of $70.6 million.


(3)

Taxes are estimated on the Company’s restructuring and other costs at the Company’s normalized tax rate before discrete items.


(4)

Please see Note C to the Notes to Consolidated Income Statements for a reconciliation of diluted net income per share.




10


Notes to Consolidated Income Statements:


A.

The Company believes presenting its (1) 2009 results excluding (x) the costs incurred in connection with its restructuring initiatives announced in the fourth quarter of 2008; and (y) the net tax benefit related principally to the lapse of the statute of limitations with respect to certain previously unrecognized tax positions, and (2) 2008 results excluding (x) the costs incurred in connection with its restructuring initiatives announced in the fourth quarter of 2008; (y) fixed asset impairment charges for approximately 200 of the Company’s retail stores; and (z) the operating results and exit costs associated with the Company’s Geoffrey Beene outlet retail division, which both are on a non-GAAP basis, provides useful additional information to investors. The Company believes that the exclusion of such amounts facilitates comparing current results against past and future results by eliminating amounts that it believes are not comparable between periods, thereby permitting management to evaluate performance and investors to make decisions based on the ongoing operations of the Company. The Company believes that investors often look at ongoing operations of an enterprise as a measure of assessing performance. The Company uses its results excluding these amounts to evaluate its operating performance and to discuss its business with investment institutions, the Company’s Board of Directors and others. The Company’s results excluding the costs associated with its restructuring initiatives, fixed asset impairment charges for approximately 200 of the Company’s retail stores and the operating results of the Geoffrey Beene outlet retail division are also the basis for certain incentive compensation calculations.


B.

The Company computed its quarterly diluted net income (loss) per share as follows:

(In thousands, except per share data)


 

Quarter Ended

 

Quarter Ended

 

1/31/10

 

2/1/09

 

Results

 

 

 

Results

 

 

 

Under

 

Non-GAAP

 

Under

 

Non-GAAP

 

  GAAP  

Adjustments

  Results  

 

  GAAP  

Adjustments

  Results  

 




 




Net income (loss)

$  27,023 

$      (5,464)(1)

$    32,487 

 

$(37,935)

$(53,611)(2)

$    15,676 

 

 

 

 

 

 

 

 

Weighted average common shares outstanding

51,770 

 

51,770 

 

51,480 

 

51,480 

Weighted average impact of dilutive securities

      1,318 

 

        1,318 

 

                

 

           288 

 

 

 

 

 

 

 

 

Total shares

    53,088 

 

      53,088 

 

   51,480 

 

      51,768 

 

 

 

 

 

 

 

 

Diluted net income (loss) per share

$      0.51 

 

$        0.61 

 

$    (0.74)

 

$        0.30 

 

 

 

 

 

 

 

 


(1)

Represents the impact on net income from the elimination of the costs incurred in connection with the Company’s restructuring initiatives announced in the fourth quarter of 2008, principally related to lease termination fees for Calvin Klein specialty retail stores (pre-tax charges of $8.7 million, or $5.5 million after taxes of $3.3 million).


(2)

Represents the impact on net income from the elimination of (i) the costs incurred in connection with the Company’s restructuring initiatives announced in the fourth quarter of 2008, including the shutdown of domestic production of machine-made neckwear, a realignment of the Company’s global sourcing organization, reductions in warehousing capacity and other initiatives to reduce corporate and administrative expenses; (ii) fixed asset impairment charges for approximately 200 of the Company’s retail stores; and (iii) the operations of the Company’s Geoffrey Beene outlet retail division and the costs associated with the closing of such division (total pre-tax charges of $85.1 million, or $53.6 million after taxes of $31.5 million).






11


C.

The Company computed its annual diluted net income per share as follows:

(In thousands, except per share data)


 

Year Ended

 

Year Ended

 

1/31/10

 

2/1/09

 

Results

 

 

 

Results

 

 

 

Under

 

Non-GAAP

 

Under

 

Non-GAAP

 

  GAAP  

Adjustments

  Results  

 

  GAAP  

Adjustments

  Results  

 




 



 

Net income (loss)

$161,910 

$      13,488(1)

$  148,422 

 

$  91,771 

$(62,477)(2)

$   154,248 

 

 

 

 

 

 

 

 

Weighted average common shares outstanding

51,639 

 

51,639 

 

     51,428 

 

       51,428 

Weighted average impact of dilutive securities

         867 

 

           867 

 

         772 

 

            772 

 

 

 

 

 

 

 

 

Total shares

    52,506 

 

      52,506 

 

    52,200 

 

       52,200 

 

 

 

 

 

 

 

 

Diluted net income per share

$      3.08 

 

$        2.83 

 

$      1.76 

 

$         2.95 

 

 

 

 

 

 

 

 


(1)

Represents the impact on net income from the elimination of (i) the costs incurred in connection with the Company’s restructuring initiatives announced in the fourth quarter of 2008, including the shutdown of domestic production of machine-made neckwear, a realignment of the Company’s global sourcing organization, reductions in warehousing capacity, lease termination fees for the majority of the Company’s Calvin Klein specialty retail stores and other initiatives to reduce corporate and administrative expenses (pre-tax charges of $25.9 million, or $16.1 million after taxes of $9.8 million); and (ii) a net tax benefit of $29.6 million related principally to the lapse of the statute of limitations with respect to certain previously unrecognized tax positions.


(2)

Represents the impact on net income from the elimination of (i) the costs incurred in connection with the Company’s restructuring initiatives announced in the fourth quarter of 2008, including the shutdown of domestic production of machine-made neckwear, a realignment of the Company’s global sourcing organization, reductions in warehousing capacity and other initiatives to reduce corporate and administrative expenses; (ii) fixed asset impairment charges for approximately 200 of the Company’s retail stores; and (iii) the operations of the Company’s Geoffrey Beene outlet retail division and the costs associated with the closing of such division (total pre-tax charges of $99.3 million, or $62.5 million after taxes of $36.9 million).





12


PHILLIPS-VAN HEUSEN CORPORATION

Consolidated Balance Sheets

(In thousands)


 

January 31,

February 1,

 

      2010      

     2009     

ASSETS

 

 

Current Assets:

 

 

Cash and Cash Equivalents

$    480,882

$    328,167

Receivables

196,603

200,605

Inventories

263,788

282,678

Other Current Assets

        53,610

        52,979

Total Current Assets

994,883

864,429

Property, Plant and Equipment

167,474

192,809

Goodwill and Other Intangible Assets

1,158,370

1,118,404

Other Assets

        18,952

       24,542

 

$ 2,339,679

$ 2,200,184

 

 

 

LIABILITIES AND STOCKHOLDERS’ EQUITY

 

 

Accounts Payable and Accrued Expenses

$    362,881

$    349,238

Other Liabilities

408,661

452,584

Long-Term Debt

399,584

399,567

Stockholders’ Equity

   1,168,553

      998,795

 

$ 2,339,679

$ 2,200,184





13


PHILLIPS-VAN HEUSEN CORPORATION

Business Data

(In thousands)

 

Quarter Ended

 

Quarter Ended

 

1/31/10

 

2/1/09

 

Results

 

 

 

Results

 

 

 

Under

 

Non-GAAP

 

Under

 

Non-GAAP

 

  GAAP  

Adjustments(1)

  Results  

 

  GAAP  

Adjustments(2)

  Results  

Revenue – Wholesale and Retail




 




Net sales

$  527,762 

 

$  527,762 

 

$493,996 

$       16,501 

$  477,495 

Royalty revenue

4,878 

 

4,878 

 

5,420 

 

5,420 

Advertising and other revenue

        1,139 

 

         1,139 

 

      1,655 

                     

        1,655 

Total

533,779 

 

533,779 

 

501,071 

16,501 

484,570 

 

 

 

 

 

 

 

 

Revenue – Calvin Klein Licensing

 

 

 

 

 

 

 

Royalty revenue

58,912 

 

58,912 

 

48,479 

 

48,479 

Advertising and other revenue

      15,671 

 

       15,671 

 

    21,192 

                     

      21,192 

Total

74,583 

 

74,583 

 

69,671 

 

69,671 

 

 

 

 

 

 

 

 

Revenue – Other(3)

 

 

 

 

 

 

 

Net sales

        6,221 

 

         6,221 

 

      7,044 

                     

        7,044 

Total

6,221 

 

6,221 

 

7,044 

 

7,044 

 

 

 

 

 

 

 

 

Total Revenue

 

 

 

 

 

 

 

Net sales

533,983 

 

533,983 

 

501,040 

16,501 

484,539 

Royalty revenue

63,790 

 

63,790 

 

53,899 

 

53,899 

Advertising and other revenue

      16,810 

 

       16,810 

 

    22,847 

                     

      22,847 

Total

$  614,583 

 

$   614,583 

 

$577,786 

$       16,501 

$  561,285 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Earnings (loss) before interest and taxes – Wholesale and Retail

$    24,781 

$       (8,747) 

$     33,528 

 

$ (66,034)

$      (79,820)

$    13,786 

 

 

 

 

 

 

 

 

Earnings (loss) before interest and taxes – Calvin Klein Licensing

42,542 

 

42,542 

 

38,303 

(486)

38,789 

 

 

 

 

 

 

 

 

Loss before interest and taxes – Other(3)

     (14,510)

                    

      (14,510)

 

   (22,048)

          (4,836)

     (17,212)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Earnings (loss) before interest and taxes

$    52,813 

$       (8,747) 

$     61,560 

 

$ (49,779)

$      (85,142)

$    35,363 

 

 

 

 


 

 

 


The domestic and international components of earnings (loss) before interest and taxes were as follows:


 

Quarter Ended

 

Quarter Ended

 

1/31/10

 

2/1/09

 

  GAAP  

Adjustments(1)

Non-GAAP

 

  GAAP  

Adjustments(2)

Non-GAAP  

 

 

 

 

 

 

 

 

Domestic

$  31,863   

$    (8,747)  

$    40,610   

 

$(60,732)  

$   (84,530)  

$23,798   

%

60%

100%

66%

 

N/A     

99%

67%

International

20,950   

  

20,950   

 

10,953   

(612)  

11,565   

%

           40%

                   

             34%

 

       N/A     

               1%

         33%

Total

$  52,813   

$    (8,747)  

$    61,560   

 

$(49,779)  

$  (85,142)  

$35,363   

%

         100%

           100%

           100%

 

        100%

           100%

       100%


(1)

Adjustments for the quarter ended January 31, 2010 represent the elimination of the costs incurred in connection with the Company’s restructuring initiatives announced in the fourth quarter of 2008, principally related to lease termination fees for Calvin Klein specialty retail stores.


(2)

Adjustments for the quarter ended February 1, 2009 represent the elimination of (i) the costs incurred in connection with the Company’s restructuring initiatives announced in the fourth quarter of 2008, including the shutdown of domestic production of machine-made neckwear, a realignment of the Company’s global sourcing organization, reductions in warehousing capacity and other initiatives to reduce corporate and administrative expenses; (ii) fixed asset impairment charges for approximately 200 of the Company’s retail stores; and (iii) the operations of the Company’s Geoffrey Beene outlet retail division and the costs associated with the closing of such division.


(3)

The results of the Company’s Calvin Klein Collection wholesale business, and corporate expenses not allocated to any reportable segments, are included in Other.



14


PHILLIPS-VAN HEUSEN CORPORATION

Business Data

(In thousands, except percentages)


 

Year Ended

 

Year Ended

 

1/31/10

 

2/1/09

 

Results

 

 

 

Results

 

 

 

Under

 

Non-GAAP

 

Under

 

Non-GAAP

 

  GAAP  

Adjustments(1)

  Results  

 

    GAAP   

Adjustments(2)

   Results   

Revenue – Wholesale and Retail




 




Net sales

$2,045,065 

 

$2,045,065 

 

$2,135,454 

$        94,885   

$  2,040,569 

Royalty revenue

20,671 

 

20,671 

 

23,819 

 

23,819 

Advertising and other revenue

         4,406 

 

         4,406 

 

         7,174 

                        

           7,174 

Total

2,070,142 

 

2,070,142 

 

2,166,447 

94,885   

2,071,562 

 

 

 

 

 

 

 

 

Revenue – Calvin Klein Licensing

 

 

 

 

 

 

 

Royalty revenue

225,208 

 

225,208 

 

212,733 

 

212,733 

Advertising and other revenue

       77,692 

 

       77,692 

 

       87,493 

                        

         87,493 

Total

302,900 

 

302,900 

 

300,226 

 

300,226 

 

 

 

 

 

 

 

 

Revenue – Other(3)

 

 

 

 

 

 

 

Net sales

       25,689 

 

       25,689 

 

       25,262 

                        

        25,262 

Total

25,689 

 

25,689 

 

25,262 

 

25,262 

 

 

 

 

 

 

 

 

Total Revenue

 

 

 

 

 

 

 

Net sales

2,070,754 

 

2,070,754 

 

2,160,716 

94,885   

2,065,831 

Royalty revenue

245,879 

 

245,879 

 

236,552 

 

236,552 

Advertising and other revenue

       82,098 

 

       82,098 

 

       94,667 

                        

         94,667 

Total

$2,398,731 

 

$2,398,731 

 

$2,491,935 

$        94,885   

$  2,397,050 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Earnings (loss) before interest and taxes – Wholesale and Retail

$   148,746 

$     (20,717) 

$   169,463 

 

$     89,455 

$       (94,005)  

$     183,460 

 

 

 

 

 

 

 

 

Earnings (loss) before interest and taxes – Calvin Klein Licensing

166,472 

 

166,472 

 

154,072 

(486)  

154,558 

 

 

 

 

 

 

 

 

Loss before interest and taxes – Other(3)

      (71,406)

         (5,180)

      (66,226)

 

     (69,779)

           (4,836)  

       (64,943)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Earnings (loss) before interest and taxes

$   243,812 

$      (25,897)

$   269,709 

 

$   173,748 

$       (99,327)  

$     273,075 

 

 

 

 


 

 

 


The domestic and international components of earnings (loss) before interest and taxes were as follows:


 

Year Ended

 

Year Ended

 

1/31/10

 

2/1/09

 

  GAAP  

Adjustments(1)

Non-GAAP

 

  GAAP  

Adjustments(2)

Non-GAAP  

 

 

 

 

 

 

 

 

Domestic

$156,339    

$     (25,105)  

$   181,444    

 

$  93,011     

$     (98,715)  

$   191,726   

%

64% 

97%

67% 

 

54%  

99%

70%

International

87,473    

(792)  

88,265    

 

80,737     

(612)  

81,349   

%

          36% 

                 3%

              33% 

 

           46%  

                 1%

              30%

Total

$243,812    

$     (25,897)  

$   269,709    

 

$173,748     

$     (99,327)  

$   273,075   

%

        100% 

             100%

            100% 

 

         100%  

             100%

            100%


(1)

Adjustments for the year ended January 31, 2010 represent the elimination of the costs incurred in connection with the Company’s restructuring initiatives announced in the fourth quarter of 2008, including the shutdown of domestic production of machine-made neckwear, a realignment of the Company’s global sourcing organization, reductions in warehousing capacity, lease termination fees for the majority of the Company’s Calvin Klein specialty retail stores and other initiatives to reduce corporate and administrative expenses.


(2)

Adjustments for the year ended February 1, 2009 represent the elimination of (i) the costs incurred in connection with the Company’s restructuring initiatives announced in the fourth quarter of 2008, including the shutdown of domestic production of machine-made neckwear, a realignment of the Company’s global sourcing organization, reductions in warehousing capacity and other initiatives to reduce corporate and administrative expenses; (ii) fixed asset impairment charges for approximately 200 of the Company’s retail stores; and (iii) the operations of the Company’s Geoffrey Beene outlet retail division and the costs associated with the closing of such division.


(3)

The results of the Company’s Calvin Klein Collection wholesale business, and corporate expenses not allocated to any reportable segments, are included in Other.



15


 -----END PRIVACY-ENHANCED MESSAGE-----