-----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, UXmPogzu4Kqdd3/yP4H3Eu1Lpe5PCMoclMmxwV5R4icVeEruFvRMcQ3HwvT/QHl5 LRUbMkFzuRfUEpDsdlHu0g== 0000083402-09-000005.txt : 20090205 0000083402-09-000005.hdr.sgml : 20090205 20090204202830 ACCESSION NUMBER: 0000083402-09-000005 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20090204 ITEM INFORMATION: Results of Operations and Financial Condition ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20090205 DATE AS OF CHANGE: 20090204 FILER: COMPANY DATA: COMPANY CONFORMED NAME: RESOURCE AMERICA INC CENTRAL INDEX KEY: 0000083402 STANDARD INDUSTRIAL CLASSIFICATION: INVESTORS, NEC [6799] IRS NUMBER: 720654145 STATE OF INCORPORATION: DE FISCAL YEAR END: 0930 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-04408 FILM NUMBER: 09569778 BUSINESS ADDRESS: STREET 1: ONE CRESCENT DRIVE, SUITE 203 STREET 2: NAVY YARD CORPORATE CENTER CITY: PHILADELPHIA STATE: PA ZIP: 19112 BUSINESS PHONE: 215-546-5005 MAIL ADDRESS: STREET 1: ONE CRESCENT DRIVE, SUITE 203 STREET 2: NAVY YARD CORPORATE CENTER CITY: PHILADELPHIA STATE: PA ZIP: 19112 FORMER COMPANY: FORMER CONFORMED NAME: RESOURCE AMERICA LLC DATE OF NAME CHANGE: 20060928 FORMER COMPANY: FORMER CONFORMED NAME: RESOURCE AMERICA INC DATE OF NAME CHANGE: 19920703 FORMER COMPANY: FORMER CONFORMED NAME: RESOURCE EXPLORATION INC DATE OF NAME CHANGE: 19890214 8-K 1 rai8kresults123108.htm RAI 8K RESULTS FOR QTR ENDED 12/31/08 rai8kresults123108.htm
 


UNITED STATES
 
SECURITIES AND EXCHANGE COMMISSION
 
Washington, DC 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): February 4, 2009
 
Resource America, Inc.
(Exact name of registrant as specified in its chapter)
 
Delaware
 
0-4408
 
72-0654145
(State or other jurisdiction
 
(Commission
 
(IRS Employer
of incorporation)
 
File Number)
 
Identification No.)
         
One Crescent Drive, Suite 203,
Navy Yard Corporate Center
Philadelphia, PA
     
19112
(Address of principal executive offices)
     
(Zip Code)
 
Registrant's telephone number, including area code: 215-546-5005
 
(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:
 
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
 
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
 
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
 
o 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 February 4, 2009, Resource America, Inc. issued a press release regarding its operating results for the three months ended December 31, 2008. A copy of this press release is furnished with this report as an exhibit. The information in this report, including the exhibit hereto, is being furnished and shall not be deemed "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liabilities of that Section. The information in this report shall not be incorporated by reference into any registration statement or other document filed pursuant to the Securities Act of 1933, as amended.
 
Item 9.01     Financial Statements and Exhibits
 
 
(d)
  The exhibit furnished as part of this report is identified in the Exhibit Index immediately following the signature page of this report. Such Exhibit Index is incorporated herein by reference.
 
 

 
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, thereunto duly authorized.
 
     
 
Resource America, Inc.
     
Date: February 4, 2009
By:
/s/ Steven J. Kessler
 
Steven J. Kessler
 
Executive Vice President and Chief Financial Officer
 


 
Exhibit Index
 
Exhibit No.
Description
 
EX 99.1
Press Release
 
     
 
 
 



 
 

 
EX-99.1 2 prqtrended123108.htm PRESS RELEASE DATED 02/4/09 prqtrended123108.htm
 
 


 
 
FOR IMMEDIATE RELEASE

CONTACT:     STEVEN KESSLER
CHIEF FINANCIAL OFFICER
RESOURCE AMERICA, INC.
ONE CRESCENT DRIVE, SUITE 203
PHILADELPHIA, PA 19112
215/546-5005, 215/546-4785 (fax)


RESOURCE AMERICA, INC.
REPORTS OPERATING RESULTS
FOR THE FIRST FISCAL QUARTER ENDED DECEMBER 31, 2008

Philadelphia, PA, February 4, 2009 - Resource America, Inc. (NASDAQ: REXI) (the "Company”) reported adjusted income from continuing operations, a non-GAAP measure, of $94,000, or $0.01 per common share-diluted for the first fiscal quarter of 2009 as compared to $4.5 million, or $0.24 per common share-diluted for the first fiscal quarter of 2008.  A reconciliation of the Company’s reported GAAP loss from continuing operations to adjusted income from continuing operations, a non-GAAP measure, is included as Schedule I to this release.

The Company recorded non-cash charges, net of tax, of $3.1 million for the first fiscal quarter of 2009.  These charges primarily relate to the impairment of residual interests the Company holds in some of its sponsored funds that invested in bank loans and trust preferred securities, unrealized depreciation in the value of the Company’s other sponsored funds with investments in financial institutions and a non-cash increase in the reserve for credit losses for one consolidated investment vehicle.  In conjunction therewith, the Company reported a GAAP net loss after discontinued operations of $3.2 million, or $0.18 per common share-diluted, for the first fiscal quarter of 2009 as compared to a GAAP net loss of $11.0 million, or $0.63 per common share-diluted, for the first fiscal quarter of  2008.

Jonathan Cohen, CEO and President, commented “Although this quarter saw (i) the return to profitability of our leasing company and our real estate company, (ii) the continued fundraising for new products and (iii) the lowering of our cost structure (which will become more evident next quarter), we continue to incur non-cash writedowns primarily related to our activities during 2006-2007 in leveraged loans and trust preferred securities. The pace and severity of these writedowns seems to be slowing significantly as the balance sheet of our financial fund management company shrinks.  We continue to make progress in the March 31, 2009 quarter on all aspects.”
 
The Company also reported:
 
·  
Retail Capital Fundraising. During the fourth quarter of fiscal 2008, the Company launched three funds through its retail broker-dealer channel with targeted fundraising of approximately $280.0 million.  Two funds launched by LEAF Financial Corp. (“LEAF”), the Company's commercial finance subsidiary, have raised $52.0 million from August 2008 through February 3, 2009 and the third fund, launched by Resource Real Estate Holdings, Inc. (“Resource Real Estate”), has raised $20.4 million from July 2008 through February 3, 2009.
 
·  
Distressed Real Estate Funds.  The Company, through its distressed real estate joint ventures, has closed on $71.1 million of acquisitions, including committed capital, from September 2007 through November 2008.  The Company acquired $13.2 million of these distressed assets in the first fiscal quarter of 2009 and anticipates using its retail broker-dealer channel to launch a $50.0 million fund to expand its distressed real estate operations.
 
·  
LEAF Fund Financing Activities.  In November 2008, the Company, through LEAF Equipment Leasing Income Fund III, L.P. (“Fund III”), an unconsolidated leasing partnership managed by LEAF, entered into two financing facilities totaling $355.0 million including:  (i) a $205.0 million credit facility led by Morgan Stanley Bank that was used to acquire the assets of NetBank Business Finance in November 2007 and (ii) a five-year revolving $150.0 million credit facility that refinanced a maturing credit facility and will also fund future originations.
 
·  
Reduced Balance Sheet Exposure.  The Company has reduced to $354,000, net of tax, its balance sheet exposure to future valuation adjustments related to investments in trust preferred securities reported as investments in unconsolidated entities and direct investments in collateralized debt obligations secured by trust preferred securities.  The Company has no exposure to valuation adjustments for residential mortgage-backed securities and has reduced its balance sheet exposure to investments in collateralized debt obligations secured by bank loans reported as securities available-for-sale to $3.4 million, net of tax.
 

·  
Reduction of General and Administrative Expenses.  The Company instituted measures in fiscal 2008 to reduce its general and administrative expenses which it expects will result in savings of approximately $19.5 million on an annualized basis beginning in January 2009, $2.5 million more than previously reported.
 
·  
Debt Reduction.  As of December 31, 2008, the Company reduced its total consolidated borrowings outstanding to $608.7 million from $1.05 billion at December 31, 2007, a decrease of $441.8 million (42%).  At December 31, 2008, borrowings include $213.5 million of borrowings consolidated under FIN 46-R as to which there is no recourse to the Company, $327.7 million of non-recourse revolving credit facilities and promissory notes at LEAF and $67.5 million of other debt, which includes $13.7 million of mortgage debt secured by properties owned by the Company’s subsidiaries.
 
·  
Adjusted Revenues and Adjusted Operating Income.  For the first fiscal quarter of 2009, the Company reported adjusted revenues of $33.4 million as compared to $50.7 million for the first fiscal quarter of 2008.  For the first fiscal quarter of 2009, the Company reported adjusted operating income of $5.0 million as compared to $22.1 million for the first fiscal quarter of 2008.  Adjusted revenues and adjusted operating income, both non-GAAP measures, include $1.2 million of pre-tax fair value adjustments on investments reported under the equity method of accounting for the first fiscal quarter of 2009 as compared to $6.7 million for the first fiscal quarter of 2008.  A reconciliation of the Company’s reported GAAP revenues and operating income to adjusted revenues and adjusted operating income is included as Schedule II to this release.

Assets Under Management

The following table details the Company’s assets under management by operating segment:

   
At December 31,
 
2008
 
2007
Financial fund management
$   14.2 billion
 
$   14.6 billion
Real estate
      1.7 billion
 
      1.7 billion
Commercial finance
 1.6 billion
 
      1.6 billion
 
 $  17.5 billion
 
$   17.9 billion

A description of how the Company calculates assets under management is set forth in Item 1 of the Company’s Annual Report on Form 10-K for the fiscal year ended September 30, 2008.

Book Value

As of December 31, 2008, the Company’s GAAP book value per common share was $7.99 per share.  Total stockholders’ equity was $141.2 million as of December 31, 2008 as compared to $166.9 million as of December 31, 2007.  Total common shares outstanding were 17,665,259 as of December 31, 2008 as compared to 17,431,066 as of December 31, 2007.


Other Highlights for the First Fiscal Quarter Ended December 31, 2008 and Recent Developments
 
®  
LEAF began a public offering of up to $200.0 million of limited partnership interests in August 2008 for LEAF Equipment Finance Fund 4, L.P. (“Fund 4”), an equipment leasing partnership, and for LEAF Commercial Finance Fund (“LCFF”), a $25.0 million offering in the form of 8.25% promissory notes.  Through February 3, 2009, LEAF had raised $52.0 million for Fund 4 and LCFF.
 
®  
Resource Real Estate, the Company’s real estate asset manager that invests in and manages real estate investment vehicles on behalf of itself and for outside investors and operates the Company’s commercial real estate debt platform, increased its assets under management to $1.7 billion at December 31, 2008, an increase of $75.0 million (5%) from December 31, 2007.  Since January 1, 2008, Resource Real Estate has acquired $119.3 million in real estate assets for its investment vehicles including four properties during the first fiscal quarter ended December 31, 2008. 
 
®  
Resource Real Estate commenced fundraising for Resource Real Estate Investors 7, L.P. (“RREI 7”), a $40.0 million offering that will invest in multifamily real estate assets.  Through February 3, 2009, Resource Real Estate had raised $20.4 million through RREI 7.  We anticipate closing this fund in late fiscal 2009.  In addition, Resource Real Estate intends to launch Resource Real Estate Opportunity Fund L.P., a real estate partnership focused on investing in discounted real estate.
 
®  
Resource Real Estate’s wholly-owned subsidiary, Resource Residential, a multifamily and commercial property management company, completed its first full year of operations.  As of December 31, 2008, Resource Residential employed 289 property management personnel.
 
®  
Resource Real Estate increased the apartment units it manages or whose management it supervises to 17,653 at December 31, 2008 from 14,919 at December 31, 2007.  This includes a portfolio of 50 multifamily properties representing 12,301 apartment units managed by Resource Residential.
 
®  
The Company announced on February 2, 2009 the payment of a cash dividend in the amount of $0.07 per share on the Company’s common stock on March 13, 2009 to all holders of record at the close of business on February 13, 2009.
 
®  
Resource Capital Corp. (NYSE: RSO), a real estate investment trust for which the Company is the external manager and a shareholder, paid a cash dividend distribution of $0.39 per common share for its fourth quarter ended December 31, 2008.
 
®  
The Company generated $8.7 million of cash from operating activities from continuing operations as adjusted during the quarter ended December 31, 2008.  A reconciliation of net cash (used in) provided by operating activities of continuing operations to net cash provided by operating activities of continuing operations as adjusted, a non-GAAP measure, is included as Schedule III to this release.

Resource America, Inc. is a specialized asset management company that uses industry specific expertise to generate and administer investment opportunities for its own account and for outside investors in the commercial finance, real estate and financial fund management sectors.


For more information, please visit our website at www.resourceamerica.com or contact investor relations at pkamdar@resourceamerica.com.


Statements made in this release include forward-looking statements, which involve substantial risks and uncertainties.  The Company’s actual results, performance or achievements could differ materially from those expressed or implied in this release and its other reports filed with the Securities and Exchange Commission.  For information pertaining to risks relating to these forward-looking statements, reference is made to the section “Risk Factors” contained in Item 1A of the Company’s Annual Report on Form 10-K.  The Company undertakes no obligation to update or revise any forward-looking statements to reflect new or changing information or events except as may be required by law.

This press release shall not constitute an offer to sell or a solicitation of an offer to buy any of the securities described herein, nor shall there be any sale of these securities in any state or jurisdiction in which such offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of any such state or jurisdiction.  A copy of the prospectus relating to the offering of Fund 4 may be obtained by contacting Chadwick Securities, Inc. at (866) 323-0241.

The remainder of this release contains the Company’s consolidated balance sheets, consolidated statements of operations, consolidated statements of cash flows, a reconciliation of GAAP loss from continuing operations to adjusted income from continuing operations, a reconciliation of GAAP revenue to adjusted revenue and GAAP operating income to adjusted operating income and a reconciliation of net cash (used in) provided by operating activities of continuing operations to net cash provided by operating activities of continuing operations as adjusted.
 

RESOURCE AMERICA, INC.
CONSOLIDATED BALANCE SHEETS
(in thousands, except share data)

   
December 31,
   
September 30,
 
   
2008
   
2008
 
   
(unaudited)
       
ASSETS
           
Cash
  $ 16,082     $ 14,910  
Restricted cash
    21,421       23,689  
Receivables
    2,638       2,014  
Receivables from managed entities and related parties
    36,769       35,674  
Loans sold, not settled, at fair value
          662  
Loans held for investment, net
    223,326       219,664  
Investments in commercial finance - held for investment, net
    239,583       182,315  
Investments in commercial finance - held for sale, at fair value
    103,023       110,773  
Investments in real estate, net
    36,961       37,972  
Investment securities available-for-sale, at fair value
    16,895       22,746  
Investments in unconsolidated entities
    17,313       18,523  
Property and equipment, net
    15,950       16,886  
Deferred tax assets
    53,956       44,467  
Goodwill
    7,969       7,969  
Intangible assets, net
    4,173       4,329  
Other assets
    11,989       15,764  
Total assets
  $ 808,048     $ 758,357  
                 
LIABILITIES AND STOCKHOLDERS’ EQUITY
               
Accrued expenses and other liabilities
  $ 55,014     $ 56,309  
Payables to managed entities and related parties
    420       586  
Borrowings
    608,684       554,059  
Deferred tax liabilities
    1,007       1,060  
Minority interests
    1,701       2,610  
Total liabilities
    666,826       614,624  
                 
Commitments and contingencies
           
                 
Stockholders’ equity:
               
Preferred stock, $1.00 par value, 1,000,000 shares authorized;
none outstanding
    -       -  
Common stock, $.01 par value, 49,000,000 shares authorized; 27,432,444
and 27,421,552 shares issued, respectively (including nonvested
restricted stock of 466,724 and 513,386, respectively)
    270       269  
Additional paid-in capital
    270,504       269,689  
Accumulated deficit
    (8,434 )     (3,980 )
Treasury stock, at cost; 9,300,461 and 9,312,232 shares, respectively
    (101,312 )     (101,440 )
Accumulated other comprehensive loss
    (19,806 )     (20,805 )
Total stockholders’ equity
    141,222       143,733  
    $ 808,048     $ 758,357  


RESOURCE AMERICA, INC.
CONSOLIDATED STATEMENTS OF OPERATIONS
(in thousands, except per share data)
(unaudited)

   
Three Months Ended
December 31,
 
   
2008
   
2007
 
REVENUES
           
Commercial finance
  $ 15,384     $ 27,965  
Real estate
    6,890       6,472  
Financial fund management
    9,919       9,622  
      32,193       44,059  
COSTS AND EXPENSES
               
Commercial finance
    7,449       9,381  
Real estate
    5,918       5,466  
Financial fund management
    5,728       6,614  
General and administrative
    4,008       3,458  
Provision for credit losses
    3,744       2,773  
Depreciation and amortization
    1,547       965  
      28,394       28,657  
OPERATING INCOME
    3,799       15,402  
                 
OTHER (EXPENSE) INCOME
               
Interest expense
    (8,399 )     (14,677 )
Minority interest income (expense), net
    814       (1,091 )
Loss on sales of loans
          (18,332 )
Impairment charges on investment securities available-for-sale
    (4,923 )     (1,017 )
Other income, net
    1,699       981  
      (10,809 )     (34,136 )
Loss from continuing operations before taxes
    (7,010 )     (18,734 )
Income tax benefit
    (3,715 )     (7,868 )
Loss from continuing operations
    (3,295 )     (10,866 )
Income (loss) from discontinued operations, net of tax
    75       (111 )
NET LOSS
  $ (3,220 )   $ (10,977 )
Basic loss per common share:
               
Continuing operations
  $ (0.18 )   $ (0.62 )
Discontinued operations
          (0.01 )
Net loss
  $ (0.18 )   $ (0.63 )
Weighted average shares outstanding
    17,639       17,428  
Diluted loss per common share:
               
Continuing operations
  $ (0.18 )   $ (0.62 )
Discontinued operations
          (0.01 )
Net loss
  $ (0.18 )   $ (0.63 )
Weighted average shares outstanding
    17,639       17,428  
                 
Dividends declared per common share
  $ 0.07     $ 0.07  
 

RESOURCE AMERICA, INC.
CONSOLIDATED STATEMENTS OF CASH FLOWS
(in thousands)
(unaudited)

   
Three Months Ended
 
   
December 31,
 
   
2008
   
2007
 
CASH FLOWS FROM OPERATING ACTIVITIES:
           
Net loss                                                                                                 
  $ (3,220 )   $ (10,977 )
Adjustments to reconcile net loss to net cash (used in) provided by
operating activities:
               
Impairment charges on securities available-for-sale                                                                                              
    4,923       1,017  
Depreciation and amortization                                                                                              
    2,011       1,290  
Provision for credit losses                                                                                              
    3,744       2,773  
Minority interest (income) expense                                                                                              
    (814 )     1,091  
Equity in losses of unconsolidated entities                                                                                              
    314       3,061  
Distributions from unconsolidated entities                                                                                              
    1,548       4,764  
Loss on sales of loans                                                                                              
          18,332  
Gain on sales of investments in commercial finance assets                                                                                              
    (233 )      
Gain on sales of assets                                                                                              
    (3 )     (301 )
Deferred income tax benefit                                                                                              
    (653 )     (8,288 )
Non-cash compensation on long-term incentive plans                                                                                              
    1,208       905  
Non-cash compensation issued                                                                                              
    (4 )     110  
Non-cash compensation received                                                                                              
    (103 )     (97 )
(Increase) decrease in commercial finance investments held for sale
    (23,443 )     19,546  
Changes in operating assets and liabilities                                                                                                 
    (2,058 )     (245 )
Net cash (used in) provided by operating activities of continuing operations
    (16,783 )     32,981  
CASH FLOWS FROM INVESTING ACTIVITIES:
               
Capital expenditures                                                                                                 
    (127 )     (3,375 )
Payments received on real estate loans and real estate                                                                                                 
    126       3,695  
Investments in real estate                                                                                                 
    (1,118 )     (738 )
Purchase of commercial finance assets held for investment                                                                                                 
    (41,942 )     (28,293 )
Payments received on commercial finance assets held for investment
    13,881       16,202  
Purchase of investments                                                                                                 
    (10,126 )     (200,311 )
Proceeds from sale of investments                                                                                                 
    3,419       1,957  
Principal payments received on loans                                                                                                 
    2,024        
Net cash paid for acquisitions                                                                                                 
          (8,022 )
Increase in other assets                                                                                                 
    (3,453 )     (3,842 )
Net cash used in investing activities of continuing operations
    (37,316 )     (222,727 )
CASH FLOWS FROM FINANCING ACTIVITIES:
               
Increase in borrowings                                                                                                 
    163,095       416,900  
Principal payments on borrowings                                                                                                 
    (108,601 )     (162,452 )
Distributions paid to minority interest holders                                                                                                 
    (72 )     (937 )
Dividends paid                                                                                                 
    (1,234 )     (1,236 )
Increase (decrease) in restricted cash                                                                                                 
    2,268       (57,273 )
Proceeds from issuance of stock                                                                                                 
          158  
Purchase of treasury stock                                                                                                 
          (237 )
Purchase of subsidiary stock held by a noncontrolling stockholder                                                                                                 
    (264 )      
Net cash provided by financing activities of continuing operations
    55,192       194,923  
CASH FLOWS FROM DISCONTINUED OPERATIONS:
               
Operating activities                                                                                                 
    79       (6 )
Financing activities                                                                                                 
          (5 )
Net cash provided by (used in) discontinued operations                                                                                                 
    79       (11 )
Increase in cash                                                                                                 
    1,172       5,166  
Cash at beginning of year                                                                                                 
    14,910       14,624  
Cash at end of period                                                                                                 
  $ 16,082     $ 19,790  


This press release contains supplemental financial information determined by methods other than in accordance with Accounting Principles Generally Accepted in the United States of America (“GAAP”).  The Company’s management uses these non-GAAP measures in its analysis of the Company’s performance.  Management believes the presentation of these financial measures excluding the impact of certain items provides useful supplemental information that is essential to a proper understanding of the financial results of the Company.  These disclosures should not be viewed as a substitute for results determined in accordance with GAAP, nor are they necessarily comparable to non-GAAP performance measures that may be presented by other companies.


SCHEDULE I


RECONCILIATION OF GAAP LOSS FROM CONTINUING OPERATIONS
TO ADJUSTED INCOME FROM CONTINUING OPERATIONS
(in thousands, except per share data)
(unaudited)

   
Three Months Ended
 
   
December 31,
 
   
2008
   
2007
 
Loss from continuing operations − GAAP
  $ (3,295 )   $ (10,866 )
Adjustments, net of tax:
               
Partnership level adjustments (1)
    588       3,868  
Impairment charges on CDO investments
    2,065       590  
   Loan reserves     480        −  
Loss on sales of loans
    336       10,633  
Severance costs
    85        
Resource Residential start-up costs
          317  
Other
    (165 )      
Adjusted income from continuing operations (2)
  $ 94     $ 4,542  
                 
Adjusted weighted average diluted shares outstanding (3)
    18,058       18,641  
                 
Adjusted income from continuing operations per share-diluted
  $ 0.01     $ 0.24  
    
(1)  
Primarily includes mark to market adjustments on investments in partnerships that the Company manages.
 
(2)  
During the first fiscal quarter of 2009 and 2008, in connection with substantial volatility and reduction in liquidity in the global credit markets, the Company recorded several significant adjustments.  For comparability purposes, the Company is presenting adjusted income from continuing operations because it facilitates the evaluation of the Company without the effect of these adjustments.  Adjusted income from continuing operations should not be considered as an alternative to loss from continuing operations (computed in accordance with GAAP).  Instead, adjusted income from continuing operations should be reviewed in connection with loss from continuing operations in the Company’s consolidated financial statements, to help analyze how the Company’s business is performing.
 
(3)  
Includes 419,000 and 1,213,000 dilutive shares not used in the calculation of loss from continuing operations per share-diluted for the three months ended December 31, 2008 and 2007, respectively.
 

SCHEDULE II

RECONCILIATION OF GAAP REVENUES TO ADJUSTED REVENUES AND RECONCILIATION OF GAAP
OPERATING INCOME TO ADJUSTED OPERATING INCOME
(in thousands)
(unaudited)

   
Three Months Ended
 
   
December 31,
 
   
2008
   
2007
 
Revenues
           
Commercial finance                                                                                                     
  $ 15,384     $ 27,965  
Real estate                                                                                                     
    6,890       6,472  
Financial fund management                                                                                                     
    9,919       9,622  
Total revenues − GAAP                                                                                                        
    32,193       44,059  
                 
Adjustments:
               
Fair value adjustments  (1)                                                                                                     
    1,218       6,681  
Adjusted revenues (1)                                                                                                        
  $ 33,411     $ 50,740  
                 
Operating income − GAAP                                                                                                        
  $ 3,799     $ 15,402  
                 
Adjustments:
               
Fair value adjustments  (1)                                                                                                     
    1,218       6,681  
Adjusted operating income (1)                                                                                                        
  $ 5,017     $ 22,083  

(1)  
Management of the Company views adjusted revenues and adjusted operating income as useful and appropriate supplements to revenues − GAAP and operating income − GAAP since they exclude fair value adjustments related to current credit market conditions and are not indicative of the Company’s current operating performance.  Adjusted revenues and adjusted operating income, both non-GAAP measures, include $1.2 million of pre-tax fair value adjustments on investments reported under the equity method of accounting for the first fiscal quarter of 2009 as compared to $6.7 million for the first fiscal quarter of 2008.


SCHEDULE III

RECONCILIATION OF NET CASH (USED IN) PROVIDED BY OPERATING ACTIVITIES OF CONTINUING OPERATIONS TO NET CASH PROVIDED BY OPERATING ACTIVITIES OF CONTINUING OPERATIONS AS ADJUSTED
(in thousands)
(unaudited)

Net cash provided by operating activities of continuing operations as adjusted was $8.7 million for the three months ended December 31, 2008, a decrease of $5.0 million as compared to $13.7 million for the three months ended December 31, 2007.  The following reconciles net cash (used in) provided by operating activities of continuing operations to net cash provided by operating activities of continuing operations as adjusted (in thousands):

   
Three Months Ended
 
   
December 31,
 
   
2008
   
2007
 
Net cash (used in) provided by operating activities of continuing operations − GAAP
  $ (16,783 )   $ 32,981  
                 
Adjustments:
               
Decrease (increase) in commercial finance investments held for sale
    23,443       (19,546 )
Changes in operating assets and liabilities                                                                                                     
    2,058       245  
Net cash provided by operating activities of continuing operations as adjusted (1)
  $ 8,718     $ 13,680  

(1)  
Management of the Company believes net cash provided by operating activities of continuing operations as adjusted is a useful and appropriate supplement to GAAP net cash (used in) provided by operating activities of continuing operations since it reflects how management views its liquidity and working capital requirements.
 



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