-----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, HesvQ3VDzZACl6V9JfnqtWf2B6d8bBPReLHuAtMNtA721EnH1y7ihP3rvZ1iSnhe lVJ1hDfrh+tJelR2+19Gfw== 0001157523-03-001885.txt : 20030514 0001157523-03-001885.hdr.sgml : 20030514 20030514080031 ACCESSION NUMBER: 0001157523-03-001885 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20030514 ITEM INFORMATION: Financial statements and exhibits ITEM INFORMATION: Regulation FD Disclosure FILED AS OF DATE: 20030514 FILER: COMPANY DATA: COMPANY CONFORMED NAME: JACK IN THE BOX INC /NEW/ CENTRAL INDEX KEY: 0000807882 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-EATING PLACES [5812] IRS NUMBER: 952698708 STATE OF INCORPORATION: DE FISCAL YEAR END: 0930 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-09390 FILM NUMBER: 03696838 BUSINESS ADDRESS: STREET 1: 9330 BALBOA AVE CITY: SAN DIEGO STATE: CA ZIP: 92123-1516 BUSINESS PHONE: 6195712121 MAIL ADDRESS: STREET 1: 9330 BALBOA AVENUE CITY: SAN DIEGO STATE: CA ZIP: 92123-1516 FORMER COMPANY: FORMER CONFORMED NAME: FOODMAKER INC /DE/ DATE OF NAME CHANGE: 19920703 8-K 1 a4396320.txt JACK IN THE BOX 8-K 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): May 14, 2003 JACK IN THE BOX INC. ---------------------------------------------------- (Exact name of registrant as specified in its charter) DELAWARE 1-9390 95-2698708 ----------------------- ---------------- -------------- (State of Incorporation) (Commission File (I.R.S. Employer Number) Identification Number) 9330 BALBOA AVENUE, SAN DIEGO, CA 92123 - ---------------------------------------- ---------- (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code (858) 571-2121 -------------- ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS --------------------------------- ITEM 7(c) Exhibits. The following exhibits are filed with this report. --------- Number Description - ------ ----------- 99.1 Press release issued May 14, 2003 ITEM 9. REGULATION FD DISCLOSURE (Item 12, Results of Operations and Financial Condition) The information contained in this item 9 is being furnished under Item 12 "Results of Operations and Financial Condition" on Form 8-K in accordance with SEC Release No. 33-8216. Attached as Exhibit 99.1 and incorporated herein by reference, is a copy of the press release of Jack in the Box Inc. dated May 14, 2003, reporting Jack in the Box Inc. financial results for the quarter ended April 13, 2003. Jack in the Box Inc. will conduct a conference call on May 14, 2003 at 8:30 a.m. PT to review second quarter results. Investors can hear this conference call live by visiting the Jack in the Box home page at www.jackinthebox.com. Access the Jack in the Box home page at least 15 minutes prior to the call in order to download and install any necessary audio software. Investors can hear replays of the conference call by visiting www.jackinthebox.com and clicking on the conference call link. Jack in the Box provides a non-GAAP measure of earnings per share for the third quarter of fiscal 2002 in its earnings release. The presentation excludes the impact of an unusually low effective tax rate and the amortization expense related to indefinite life intangible assets in the third quarter of fiscal 2002, both of which impact the comparability of one quarter to another. The presentation is used by the company and useful to investors in facilitating comparison of comparable performance year over year. 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. JACK IN THE BOX INC. By: JOHN F. HOFFNER ----------------------------- John F. Hoffner Executive Vice President Chief Financial Officer (Principal Financial Officer) (Duly Authorized Signatory) Date: May 14, 2003 EX-99 3 a4396320_ex991.txt JACK IN THE BOX EXHIBIT 99.1 Exhibit 99.1 Jack in the Box Inc. Earns $16.3 Million in Second Quarter; Reaffirms Earnings Guidance for Fiscal 2003 SAN DIEGO--(BUSINESS WIRE)--May 14, 2003--Jack in the Box Inc. (NYSE: JBX), operator and franchiser of Jack in the Box(R) and Qdoba Mexican Grill(R) restaurants, today announced net earnings of $16.3 million, or 44 cents per diluted share, for the second quarter ended April 13 compared with $18.2 million, or 45 cents per share, for the same quarter last year. Year-to-date, earnings per share totaled $1.00 versus $1.12 in 2002. The company, which met its second-quarter earnings forecast, also reaffirmed its earnings-per-share estimate for fiscal 2003 of approximately $1.97 to $2.01. Weak economic conditions in certain key markets, along with continued competitive discounting, poor weather and soft sales in markets impacted by the war, contributed to a 4.3 percent decrease in Jack in the Box same-store sales compared with a 0.3 percent decrease for last year's second quarter. Year-to-date, same-store sales were down 3.3 percent compared with a 0.3 percent increase for the first half of fiscal 2002. Qdoba produced a systemwide double-digit increase in same-store sales for the second quarter on top of a double-digit increase in 2002. This is Qdoba's first reporting quarter since Jack in the Box Inc. acquired the fast-casual chain in January 2003. Jack in the Box Inc. also achieved a double-digit increase in same-store sales, excluding fuel sales, at its Quick Stuff(R) convenience stores for the second quarter, and same-store sales at the Jack in the Box restaurants adjacent to Quick Stuff stores were above system average. Qdoba and Quick Stuff operations are not material components of Jack in the Box Inc. consolidated financial results and projections. Consolidated company restaurant sales were $418 million for the quarter, the same as a year ago, and were $978 million year-to-date versus $971 million last year. Other revenues were $10.3 million compared with $4.3 million in last year's second quarter, primarily related to a higher average price on the sale of five company restaurants to franchisees compared with six last year. Other revenues were $18.6 million year-to-date versus $8.2 million for the same period in fiscal 2002, primarily related to the sale of 14 company restaurants to franchisees compared with nine last year. Total revenues in the quarter were $463 million compared with $448 million last year, and were $1.08 billion year-to-date versus $1.04 billion in 2002. "We anticipated that competitor discounting and weak economic conditions, particularly in our western markets, would continue to impact sales for the near term, but unusually high fuel costs and the war in Iraq adversely affected sales as well," said Chairman and CEO Robert J. Nugent. "Despite these factors, Jack in the Box remains focused on the major elements of its strategic plan, including the development of higher-quality products that are unique to the quick-serve hamburger category." At the beginning of the third quarter, Jack in the Box introduced three new premium salads: Asian Chicken, Southwest Chicken and Chicken Club, marketed collectively as Jack's Ultimate Salads(TM). The initial consumer response has been very positive. Late in the third quarter, the company will launch a new premium sandwich. In April, the company commenced construction on a 70,000-square-foot innovation center near its corporate offices in San Diego. When completed next summer, the innovation center will unite the company's marketing group with key technical teams in a state-of-the-art facility to expedite the development of new products as well as new equipment and processes to deliver those products. During the second quarter, the company opened 20 new Jack in the Box restaurants, bringing to 1,527 the total number of company-operated restaurants. Total Jack in the Box units at April 13 were 1,897 compared with 1,817 units at quarter-end last year. The company also operated 12 Quick Stuff(R) convenience stores at quarter-end compared with 11 a year ago. Qdoba opened one new company restaurant and six franchised restaurants during the second quarter, bringing to 92 the total number of units operating at quarter-end versus 76 in 2002. Gross profit rate in the second quarter was 18.1 percent of revenues, as forecast, versus 18.7 percent in 2002, primarily as a result of higher occupancy, insurance and POS-system rollout costs, as well as reduced leverage on fixed costs from lower same-store sales. Restaurant operating margin was 16.4 percent of sales versus 18.1 percent in last year's second quarter for the same reasons. SG&A expense rate for the second quarter was 11.2 percent of revenues, as forecast, which is slightly higher than last year, primarily due to higher pension costs and reduced leverage from lower same-store sales. In the second quarter, the company completed the remaining $14 million of its $90 million share-repurchase authorization. Average shares outstanding are now estimated to be approximately 37 million for the full year. Third-Quarter Guidance The company currently expects to earn approximately 49 cents per share in the third quarter compared with 60 cents per share reported in 2002, or 57 cents per share when normalizing the annual income tax rate to 38 percent and eliminating the amortization of indefinite life intangible assets of approximately $1 million related to this year's adoption of FAS 142. The primary assumptions supporting this earnings-per-share estimate are as follows, in approximate amounts: -- 19 new Jack in the Box restaurants open. -- 2.5 percent decrease in Jack in the Box same-store sales due to continued economic weakness and competitive promotional activity, partially offset by new product introductions. For the full year, the company continues to estimate a same-store sales decrease of approximately 2.5 percent. -- 14 Jack in the Box conversions to franchises versus five last year, producing approximately $6.5 million in other revenues versus $4.7 million in 2002. For the full year, the company now expects to convert approximately 35 restaurants to franchises and produce approximately $31 million in other revenues compared with $20 million from the conversion of 22 restaurants last year. These conversions represent only 2 percent of all company-operated restaurants. -- $479 million in total revenues versus $461 million in 2002. -- Gross profit rate of 18.4 percent compared with 20 percent last year due to higher costs for food, packaging, insurance, utilities, new point-of-sale (POS) system and de-leveraging on certain fixed costs from lower sales. -- SG&A expense rate of 11.2 percent compared with 11.1 percent last year, primarily due to higher pension costs and the absorption of Qdoba, partially offset by continued savings from the company's Profit Improvement Program. -- Income tax rate of 38 percent versus 32.7 percent last year. -- Weighted average shares outstanding of 36.8 million versus 40.5 million in 2002. -- Capital expenditures of approximately $45 million versus $37.2 million last year. -- Operating income plus depreciation/amortization of approximately $51 million versus $57.3 million a year ago. About Jack in the Box Inc. Jack in the Box Inc. (NYSE: JBX) operates and franchises two restaurant chains, Jack in the Box(R) and Qdoba Mexican Grill(R), in 29 states combined. Jack in the Box is the nation's first major drive-thru hamburger chain, with more than 1,900 restaurants, and Qdoba Mexican Grill is an emerging leader in fast-casual dining, with nearly 100 restaurants. The company also operates 12 proprietary convenience stores called Quick Stuff(R), which include a major-branded fuel station, and are developed adjacent to full-size Jack in the Box restaurants. With headquarters in San Diego, Jack in the Box Inc. has more than 44,000 employees. For more information, visit www.jackinthebox.com and www.qdoba.com. This news release contains forward-looking statements about, among other items, the company's projected earnings, sales, revenues, growth, completion of a new facility, sales of franchises, franchise conversions, profits, expenses, tax rates, shares outstanding, new products, and marketing plans. These forward-looking statements are subject to risks and uncertainties. The statements reflect management's current expectations regarding future events. The following are some of the factors that could cause the company's actual results to differ materially from those expressed in the forward-looking statements: the effect of competition, including pricing, marketing initiatives and new products introduced by competitors; the availability and cost of food ingredients, labor, utilities, insurance and real estate; the success of the company's new products and marketing initiatives; delays in the opening of restaurants and of the innovation center; the availability of financing on terms satisfactory to franchisees and potential franchisees; the attractiveness of the company's franchise offerings; the continuation of franchise conversions; adverse weather conditions and other local or national conditions or events which affect consumer confidence and spending patterns; the company's ability to successfully execute its strategic plans; the volume of advertising the company is able to purchase compared to its competitors; consumer health concerns about fast food in general or the company's products specifically; changes in government regulations; changes in accounting standards, policies and practices; changes in effective tax rates; potential variances between estimated and actual liabilities; effects of legal claims; the possibility of unforeseen events affecting the industry in general and other risk factors listed from time to time in the company's reports filed with the Securities and Exchange Commission. Statements about the company's past performance are not necessarily indicative of its future results. The company undertakes no obligation to publicly update or revise any forward-looking statement, whether as the result of new information, future events or otherwise. JACK IN THE BOX INC. AND SUBSIDIARIES UNAUDITED CONSOLIDATED STATEMENTS OF EARNINGS (In thousands, except per share data) Twelve Weeks Ended Twenty-Eight Weeks Ended April 13, April 14, April 13, April 14, 2003 2002 2003 2002 - ---------------------------------------------------------------------- Revenues: Restaurant sales $418,272 $418,118 $977,703 $970,666 Distribution and other sales 24,282 16,950 52,424 38,102 Franchise rents and royalties 10,496 8,247 27,997 24,886 Other 10,298 4,315 18,559 8,156 -------------------------------------- 463,348 447,630 1,076,683 1,041,810 -------------------------------------- Costs of revenues: Restaurant costs of sales 125,551 127,579 296,821 297,697 Restaurant operating costs 224,228 214,840 518,245 496,389 Costs of distribution and other sales 23,789 16,454 51,281 37,139 Franchised restaurant costs 5,774 5,123 13,214 11,764 -------------------------------------- 379,342 363,996 879,561 842,989 -------------------------------------- Gross profit 84,006 83,634 197,122 198,821 Selling, general and administrative 51,884 49,804 122,612 115,680 -------------------------------------- Earnings from operations 32,122 33,830 74,510 83,141 Interest expense 5,802 5,190 14,061 12,495 -------------------------------------- Earnings before income taxes 26,320 28,640 60,449 70,646 Income taxes 10,001 10,454 22,970 25,786 -------------------------------------- Net earnings $16,319 $18,186 $37,479 $44,860 ====================================== Net earnings per share: Basic $.45 $.46 $1.02 $1.14 Diluted $.44 $.45 $1.00 $1.12 Weighted-average shares outstanding: Basic 36,399 39,436 36,866 39,342 Diluted 36,846 40,299 37,306 40,125 JACK IN THE BOX INC. AND SUBSIDIARIES UNAUDITED CONDENSED CONSOLIDATED BALANCE SHEETS (In thousands) April 13, April 14, 2003 2002 - ---------------------------------------------------------------------- ASSETS Current assets: Cash and cash equivalents $8,242 $6,138 Accounts receivable, net 30,748 19,042 Inventories 32,030 28,108 Other current assets 37,538 88,447 ---------------------- Total current assets 108,558 141,735 ---------------------- Property and equipment, at cost 1,247,170 1,150,544 Accumulated depreciation and amortization (401,129) (355,519) ---------------------- Property and equipment, net 846,041 795,025 ---------------------- Other assets, net 158,067 108,509 ---------------------- TOTAL $1,112,666 $1,045,269 ====================== LIABILITIES AND STOCKHOLDERS' EQUITY Current liabilities: Current maturities of long-term debt $2,519 $76,396 Accounts payable 40,736 37,557 Other current liabilities 174,392 169,822 ---------------------- Total current liabilities 217,647 283,775 ---------------------- Long-term debt, net of current maturities 298,989 179,063 Other long-term liabilities 144,239 117,501 Total stockholders' equity 451,791 464,930 ---------------------- TOTAL $1,112,666 $1,045,269 ====================== CONTACT: Jack in the Box Inc., San Diego Karen Bachmann, Vice President, Corporate Communications 858/571-2229 karen.bachmann@jackinthebox.com www.jackinthebox.com -----END PRIVACY-ENHANCED MESSAGE-----