-----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, Rn6S39yZQ1HeWtiao+H6FFlK2+MfObzpB2CQl7aXgSxAlUIJLFZUc3KnUw/1AOSJ Y/GVx0CRkYzjdVfSeOobwQ== 0000083402-09-000020.txt : 20090512 0000083402-09-000020.hdr.sgml : 20090512 20090511200422 ACCESSION NUMBER: 0000083402-09-000020 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20090511 ITEM INFORMATION: Results of Operations and Financial Condition ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20090512 DATE AS OF CHANGE: 20090511 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: 09816871 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 rai8k033109.htm RAI 8K RESULTS 033109 rai8k033109.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): May 11, 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 May 11, 2009, Resource America, Inc. issued a press release regarding its operating results for the three and six months ended March 31, 2009. 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: May 11, 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 pr033109results.htm RAI PRESS RELEASE 033109 pr033109results.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 SECOND FISCAL QUARTER ENDED MARCH 31, 2009

Philadelphia, PA, May 11, 2009 - Resource America, Inc. (Nasdaq: REXI) (the "Company") reported adjusted income from continuing operations, a non-GAAP measure, of $804,000, or $0.04 per common share-diluted and $975,000, or $0.05 per common share-diluted, for the second fiscal quarter and six months ended March 31, 2009, respectively, as compared to $4.6 million, or $0.25 per common share-diluted and $9.6 million, or $0.51 per common share-diluted for the second fiscal quarter and six months ended March 31, 2008, respectively.  A reconciliation of the Company’s reported (loss) income from continuing operations to adjusted income from continuing operations, a non-GAAP measure, is included as Schedule I to this release.

Jonathan Cohen, President and CEO, commented “We are pleased that LEAF, our leasing division. has continued to produce solid profitability including improvement over the preceding quarter.  At the corporate level we are continuing to emphasize (i) reducing corporate indebtedness; (ii) eliminating exposure to residual interests of financial instruments held as part of Resource Financial Fund Management’s programmatic expansion from 2005-2007; and (iii) focusing on our core strengths in raising capital from our retail and institutional channels.  We believe we have made progress in achieving these objectives.  Our total consolidated indebtedness was reduced from $554 million to $159 million – and the largest part of the remaining debt is LEAF’s nonrecourse revolving credit facility.  We were able to reduce corporate debt, net of cash, to $19.3 million from $35.7 million at September 30, 2008 and we reduced our exposure to residual financial interests to $4.5 million, net of tax.  Finally, we were pleased with our ongoing success in our retail channel through which we continue to raise a steady stream of capital for our programs.  We anticipate that the pace of fund raising for our distressed real estate funds will increase over the next few quarters.”

The Company recorded charges, net of tax, of $11.3 million and $13.7 million for the second fiscal quarter and six months ended March 31, 2009, respectively.  These charges primarily relate to the Company’s decision to sell its interest in Apidos CDO VI, a holder of secured bank loans, for $7.2 million, the impairment of residual interests the Company holds in some of its sponsored funds that invested in bank loans and trust preferred securities, and unrealized declines in the value of the Company’s other sponsored funds with investments in financial institutions.  The Company no longer consolidated Apidos CDO VI as of March 31, 2009 and has no further exposure with respect to this entity.

In conjunction with the non-cash charges and the loss on sale of Apidos CDO VI, the Company reported a net loss after discontinued operations of $11.6 million, or $0.65 per common share-diluted and $14.9 million, or $0.84 per common share-diluted for the second fiscal quarter and six months ended March 31, 2009, respectively, as compared to net income of $2.0 million, or $0.11 per common share-diluted and a net loss of $9.0 million, or $0.51 per common share-diluted for the second fiscal quarter and six months ended March 31, 2008, respectively.
 

The Company also reported:
 
 
·
Capital Fundraising. The Company has raised a total of $113.6 million of financing through May 8, 2009:
 
Retail fundraising.
 
During the second quarter of fiscal 2009, the Company launched one new fund through its retail broker-dealer channel with targeted fundraising of $40.0 million, giving it a total of three retail funds currently in the offering stage:
 
 
-
LEAF Financial Corp. (“LEAF”), the Company's commercial finance subsidiary, has raised $62.7 million through LEAF Equipment Finance Fund 4, L.P. (“LEAF 4”), its fourth investment partnership; and
 
 
-
Resource Real Estate Holdings, Inc. (“Resource Real Estate”) has raised $24.8 million through its seventh investment partnership and has launched a real estate opportunity fund which will acquire discounted real estate assets for which it has raised $6.1 million.
 
Institutional Fundraising.
 
 
-
A joint venture with an institutional partner to acquire distressed real estate assets has acquired its fourth asset during the fiscal quarter ended March 31, 2009, for which the institutional partner has invested $15.3 million; and
 
 
-
The Company has launched a credit opportunities fund to invest in senior bank loans and high yield bonds which has raised approximately $5.0 million.
 
 
·
Debt Reduction.  As of March 31, 2009, the Company reduced its consolidated borrowings outstanding by $725.3 million (82%) to $158.8 million from $884.1 million at March 31, 2008.  Borrowings at March 31, 2009 include $97.8 million of non-recourse revolving credit facilities at LEAF and $61.0 million of other debt, which includes $13.7 million of mortgage debt secured by the underlying properties.
 
 
·
Distressed Real Estate Funds.  The Company, through its distressed real estate joint ventures, has closed on approximately $87.0 million of acquisitions, including committed capital, from September 2007 through April 2009.
 
 
·
Reduced Balance Sheet Exposure.  The Company has limited its balance sheet exposure to $233,000, net of tax, with respect to future valuation adjustments on its investments in trust preferred securities.  The Company has no exposure to valuation adjustments for residential mortgage-backed securities and has limited its balance sheet exposure to investments in collateralized debt obligations secured by bank loans reported as securities available-for-sale to $4.2 million, net of tax.
 
 
·
Adjusted Revenues and Adjusted Operating Income.  For the second fiscal quarter and six months ended March 31, 2009, the Company reported adjusted revenues of $26.0 million and $59.4 million, respectively, as compared to $51.5 million and $102.3 million for the second fiscal quarter and six months ended March 31, 2008, respectively.  For the second fiscal quarter and six months ended March 31, 2009, the Company reported adjusted operating income of $2.7 million and $7.8 million, respectively, as compared to $21.6 million and $43.7 million for the second fiscal quarter and six months ended March 31, 2008, respectively.  Adjusted revenues and adjusted operating income, both non-GAAP measures, include $(1.2) million and $37,000 of pre-tax fair value adjustments on investments reported under the equity method of accounting for the second fiscal quarter and six months ended March 31, 2009, respectively, as compared to $1.1 million and $7.8 million for the second fiscal quarter and six months ended March 31, 2008, respectively.  A reconciliation of the Company’s reported GAAP revenue and operating income to adjusted revenue and adjusted operating income is included as Schedule II to this release.

Assets Under Management

Assets under management decreased $1.0 billion, or 6%, to $16.7 billion at March 31, 2009 from $17.7 billion at March 31, 2008.

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

 
At March 31,
 
2009
 
2008
Financial fund management
$           13.5 billion
 
$           14.3 billion
Real estate
           1.7 billion
 
           1.7 billion
Commercial finance
           1.5 billion
 
           1.7 billion
 
$           16.7 billion
 
$           17.7 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 March 31, 2009, the Company’s book value per common share was $7.19 per share.  Total stockholders’ equity was $128.8 million as of March 31, 2009 as compared to $156.1 million as of March 31, 2008.  Total common shares outstanding were 17,900,293 as of March 31, 2009 as compared to 17,525,420 as of March 31, 2008.
 

Highlights for the Second Fiscal Quarter Ended March 31, 2009 and Recent Developments
 
®
The Company has reduced its total borrowings to $158.8 million at March 31, 2009, a decrease of $395.2 million from September 30, 2008.  This reduction largely reflects the sale of all or part of its interest in Apidos CDO VI and LEAF Commercial Finance Fund (“LCFF”), two investment vehicles we sponsored and previously consolidated.  These sales eliminated the senior notes of Apidos CDO VI ($213.3 million net outstanding at September 30, 2008) and LCFF debt ($143.8 million at September 30, 2008).  Additionally, the Company reduced its outstanding borrowings on its commercial finance revolving warehouse credit facility by $31.2 million and on one of its corporate revolving lines of credit by $6.4 million.
 
®
Resource Real Estate Holdings, Inc. (“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, has acquired $81.7 million in real estate assets for its investment vehicles since April 1, 2008.
 
®
Resource Real Estate commenced fundraising for Resource Real Estate Opportunity Fund L.P. (“RREI Opp Fund”), a $40.0 million offering that will invest in discounted real estate.  Through May 8, 2009, Resource Real Estate has raised $6.1 million through RREI Opp Fund.
 
®
Resource Real Estate continued fundraising for Resource Real Estate Investors 7, L.P. (“RREI 7”), a $40.0 million offering that is investing in multifamily real estate assets.  Through May 8, 2009, Resource Real Estate has raised $24.8 million through RREI 7 and anticipates closing this fund in August 2009.
 
®
Resource Real Estate’s wholly-owned subsidiary, Resource Residential, a multifamily and commercial property management company, employed 313 property management personnel as of March 31, 2009.  In February 2009, Resource Residential became one of the first multifamily property management companies in the U.S. to adopt a lease assurance program which allows tenants who involuntarily lose their employment to terminate their leases in 45 days without penalty.  Resource Residential also instituted and expanded use of the LRO™ System which allows it to optimize rental rates by adjusting them on a daily basis. 
 
®
Resource Real Estate increased the apartment units it manages or whose management it supervises to 17,070 at March 31, 2009 from 15,230 at March 31, 2008.  This includes a portfolio of 50 multifamily properties representing 12,301 apartment units managed by Resource Residential.
 
®
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 of $0.30 per common share for its first quarter ended March 31, 2009.
 
®
The Company generated $11.8 million of cash from operating activities from continuing operations as adjusted during the six months ended March 31, 2009.  A reconciliation of net cash 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 evaluate, originate, service and manage 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) income 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 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)

   
March 31,
   
September 30,
 
   
2009
   
2008
 
   
(unaudited)
       
ASSETS
           
Cash
  $ 24,910     $ 14,910  
Restricted cash
    3,710       23,689  
Receivables
    9,341       2,014  
Receivables from managed entities and related parties
    45,837       35,674  
Loans sold, not settled, at fair value
          662  
Loans held for investment, net
          219,664  
Investments in commercial finance - held for investment, net
    37,807       182,315  
Investments in commercial finance - held for sale, at fair value
    70,381       110,773  
Investments in real estate, net
    27,396       37,972  
Investment securities available-for-sale, at fair value
    13,496       22,746  
Investments in unconsolidated entities
    17,085       18,523  
Property and equipment, net
    15,059       16,886  
Deferred tax assets
    48,635       44,467  
Goodwill
    7,969       7,969  
Intangible assets, net
    4,004       4,329  
Other assets
    10,949       15,764  
Total assets
  $ 336,579     $ 758,357  
                 
LIABILITIES AND STOCKHOLDERS’ EQUITY
               
Accrued expenses and other liabilities
  $ 47,008     $ 56,309  
Payables to managed entities and related parties
    577       586  
Borrowings
    158,843       554,059  
Deferred tax liabilities
    983       1,060  
Minority interests
    409       2,610  
Total liabilities
    207,820       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; 27,661,044
and 27,421,552 shares issued, respectively (including nonvested
restricted stock of 509,610 and 513,386, respectively)
    272       269  
Additional paid-in capital
    271,535       269,689  
Accumulated deficit
    (21,313 )     (3,980 )
Treasury stock, at cost; 9,251,141 and 9,312,232 shares, respectively
    (100,776 )     (101,440 )
Accumulated other comprehensive loss
    (20,959 )     (20,805 )
Total stockholders’ equity
    128,759       143,733  
    $ 336,579     $ 758,357  



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

   
Three Months Ended
   
Six Months Ended
 
   
March 31,
   
March 31,
 
   
2009
   
2008
   
2009
   
2008
 
REVENUES
                       
Commercial finance
  $ 13,421     $ 32,665     $ 28,805     $ 60,630  
Real estate
    5,173       6,692       12,063       13,164  
Financial fund management
    8,611       11,023       18,530       20,645  
      27,205       50,380       59,398       94,439  
COSTS AND EXPENSES
                               
Commercial finance
    6,774       12,081       14,223       21,462  
Real estate
    5,370       5,326       11,288       10,792  
Financial fund management
    5,082       6,284       10,810       12,898  
General and administrative
    3,670       3,757       7,678       7,215  
Provision for credit losses
    853       1,447       4,597       4,220  
Depreciation and amortization
    1,535       985       3,082       1,950  
      23,284       29,880       51,678       58,537  
OPERATING INCOME
    3,921       20,500       7,720       35,902  
                                 
OTHER (EXPENSE) INCOME
                               
Interest expense
    (5,924 )     (14,595 )     (14,323 )     (29,272 )
Minority interest income (expense), net
    725       (2,176 )     1,539       (3,267 )
(Loss) gain on sale of loans and investment securities,
net
    (11,588 )     312       (11,588 )     (18,020 )
Impairment charges on investment securities
    (3,039 )     (132 )     (7,962 )     (1,149 )
Other income, net
    544       1,112       2,243       2,093  
      (19,282 )     (15,479 )     (30,091 )     (49,615 )
(Loss) income from continuing operations before taxes
    (15,361 )     5,021       (22,371 )     (13,713 )
Income tax (benefit) provision for income taxes
    (3,891 )     2,931       (7,606 )     (4,937 )
(Loss) income from continuing operations
    (11,470 )     2,090       (14,765 )     (8,776 )
Loss from discontinued operations, net of tax
    (163 )     (107 )     (88 )     (218 )
NET (LOSS) INCOME
  $ (11,633 )   $ 1,983     $ (14,853 )   $ (8,994 )
                                 
Basic (loss) earnings per common share:
                               
Continuing operations
  $ (0.64 )   $ 0.12     $ (0.83 )   $ (0.50 )
Discontinued operations
    (0.01 )     (0.01 )     (0.01 )     (0.01 )
Net (loss) income
  $ (0.65 )   $ 0.11     $ (0.84 )   $ (0.51 )
Weighted average shares outstanding
    17,815       17,504       17,726       17,466  
                                 
Diluted (loss) earnings per common share:
                               
Continuing operations
  $ (0.64 )   $ 0.12     $ (0.83 )   $ (0.50 )
Discontinued operations
    (0.01 )     (0.01 )     (0.01 )     (0.01 )
Net (loss) income
  $ (0.65 )   $ 0.11     $ (0.84 )   $ (0.51 )
Weighted average shares outstanding
    17,815       18,576       17,726       17,466  
                                 
Dividends declared per common share
  $ 0.07     $ 0.07     $ 0.14     $ 0.14  
 

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

   
Six Months Ended
March 31,
 
   
2009
   
2008
 
CASH FLOWS FROM OPERATING ACTIVITIES:
           
Net loss
  $ (14,853 )   $ (8,994 )
Adjustments to reconcile net loss to net cash
provided by operating activities, net of acquisitions:
               
Impairment charges on investment securities available-for-sale
    7,962       1,149  
Depreciation and amortization
    4,156       2,509  
Provision for credit losses
    4,597       4,220  
Minority interest (income) expense
    (1,539 )     3,267  
Equity in (earnings) losses of unconsolidated entities
    (199 )     1,373  
Distributions from unconsolidated entities
    3,053       8,658  
Loss on sale of loans and investment securities, net
    11,588       18,020  
Gain on sale of investments in commercial finance assets
    (319 )      
Gain on sale of investment securities available-for-sale
    (40 )      
Gain on sale of assets
    (688 )     (2,033 )
Deferred income tax (benefit) provision
    (14,520 )     735  
Non-cash compensation on long-term incentive plans
    2,774       2,388  
Non-cash compensation issued
    1       62  
Non-cash compensation received
    (98 )     356  
Decrease in commercial finance investments
    4,390       59,603  
Changes in operating assets and liabilities
    (4,494 )     (36,438 )
Net cash provided by operating activities of continuing operations
    1,771       54,875  
CASH FLOWS FROM INVESTING ACTIVITIES:
               
Capital expenditures
    (184 )     (5,549 )
Payments received on real estate loans and real estate
    10,036       8,104  
Investments in real estate
    (2,232 )     (4,074 )
Purchase of commercial finance assets held for investment
    (41,942 )     (71,586 )
Payments received on commercial finance assets held for investment
    33,643       43,859  
Purchase of loans and investment securities
    (19,036 )     (239,551 )
Proceeds from sale of loans and investment securities
    13,275       5,215  
Principal payments received on loans
    3,975       6,126  
Net cash paid for acquisitions
          (8,022 )
Increase in other
    (1,394 )     (3,795 )
Net cash used in investing activities of continuing operations
    (3,859 )     (269,273 )
CASH FLOWS FROM FINANCING ACTIVITIES:
               
Increase in borrowings
    263,714       616,335  
Principal payments on borrowings
    (258,054 )     (385,314 )
Minority interest contributions
    1       315  
Distributions paid to minority interest holders
    (73 )     (1,243 )
Dividends paid
    (2,480 )     (2,447 )
Decrease (increase) in restricted cash
    9,326       (16,229 )
Proceeds from issuance of stock
    3       182  
Purchase of treasury stock
          (237 )
Repurchase of subsidiary stock
    (264 )      
Net cash provided by financing activities of continuing operations
    12,173       211,362  
CASH FLOWS FROM DISCONTINUED OPERATIONS:
               
Operating activities
    (8 )     3  
Financing activities
    (77 )      
Net cash (used in) provided by discontinued operations
    (85 )     3  
Increase (decrease) in cash
    10,000       (3,033 )
Cash at beginning of period
    14,910       14,624  
Cash at end of period
  $ 24,910     $ 11,591  
 

 
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 exclusion of certain adjustments recorded in the three and six months ended March 31, 2009.  Management believes the presentation of these financial measures excluding the impact of these 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) INCOME FROM CONTINUING OPERATIONS
TO ADJUSTED INCOME FROM CONTINUING OPERATIONS
(in thousands, except per share data)
(unaudited)

   
Three Months Ended
   
Six Months Ended
 
   
March 31,
   
March 31,
 
   
2009
   
2008
   
2009
   
2008
 
(Loss) income from continuing operations − GAAP
  $ (11,470 )   $ 2,090     $ (14,765 )   $ (8,776 )
Adjustments, net of tax:
                               
Partnership level adjustments (1)
    (116 )     651       723       4,920  
Impairment charge on CDO investments
    1,460       84       4,191       735  
Loan reserves
                675        
Loss (gain) on sale of loans and investment securities,
net
    8,652       (342 )     8,120       11,390  
Severance costs
    1,099             1,219        
Resource residential start-up costs
                      349  
RCC incentive stock
    464       950       410       950  
Other
    715             402        
Tax rate normalization
          1,134              
Adjusted income from continuing operations (2)
  $ 804     $ 4,567     $ 975     $ 9,568  
                                 
Weighted average diluted shares outstanding (3)
    18,874       18,576       18,466       18,608  
                                 
Adjusted income from continuing operations per
share-diluted
  $ 0.04     $ 0.25     $ 0.05     $ 0.51  

(1)
Primarily includes mark to market adjustments on investments in partnerships that the Company manages.
 
(2)
During the six months ended March 31, 2009 and 2008, in connection with substantial volatility and reduction in liquidity in the global credit markets, the Company recorded several significant adjustments that it believes do not directly impact its continuing operations.  For comparability purposes, the Company is presenting adjusted income from continuing operations because it facilitates the evaluation of the Company’s underlying operating performance without the effect of adjustments that do not directly relate to that performance.  Adjusted income from continuing operations should not be considered as an alternative to (loss) income from continuing operations (computed in accordance with GAAP).  Instead, adjusted income from continuing operations should be reviewed in connection with (loss) income from continuing operations in the Company’s consolidated financial statements, to help analyze how the Company’s business is performing.
 
(3)
Dilutive shares used in the calculation of adjusted income from continuing operations per share-diluted includes an additional 1,059,000 shares for the three months ended March 31, 2009, and 740,000 and 1,142,000 shares for the six months ended March 31, 2009 and 2008, respectively, which were not used in the calculation of loss from continuing operations per share-diluted.


 
SCHEDULE II

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

   
Three Months Ended
   
Six Months Ended
 
   
March 31,
   
March 31,
 
   
2009
   
2008
   
2009
   
2008
 
Revenues
                       
Commercial finance
  $ 13,421     $ 32,665     $ 28,805     $ 60,630  
Real estate
    5,173       6,692       12,063       13,164  
Financial fund management
    8,611       11,023       18,530       20,645  
Total revenues − GAAP
    27,205       50,380       59,398       94,439  
                                 
Adjustments:
                               
Fair value adjustments (1)
    (1,181 )     1,146       37       7,827  
Adjusted revenues (2)
  $ 26,024     $ 51,526     $ 59,435     $ 102,266  
                                 
Operating income − GAAP
  $ 3,921     $ 20,500     $ 7,720     $ 35,902  
                                 
Adjustments:
                               
Fair value adjustments (1)
    (1,181 )     1,146       37       7,827  
Adjusted operating income (2)
  $ 2,740     $ 21,646     $ 7,757     $ 43,729  

(1)
Reflects pre-tax fair value adjustments on investments reported under the equity method of accounting.
 
(2)
Management of the Company views adjusted revenues and adjusted operating income, both non-GAAP measures, as useful and appropriate supplements to revenues and operating income since they exclude fair value adjustments related to current credit market conditions and are not indicative of the Company’s current operating performance.



SCHEDULE III

RECONCILIATION OF NET CASH 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 $11.8 million for the six months ended March 31, 2009, a decrease of $23.4 million as compared to net cash provided by operating activities of $35.2 million in the six months ended March 31, 2008.  The following reconciles net cash provided by operating activities of continuing operations to net cash provided by operating activities of continuing operations as adjusted:

   
Six Months Ended
 
   
March 31,
 
   
2009
   
2008
 
Net cash provided by operating activities of continuing operations
  $ 1,771     $ 54,875  
                 
Adjustments:
               
Increase in commercial finance investments
    (4,390 )     (59,603 )
Changes in operating assets and liabilities
    4,494       36,948  
Proceeds from sales of certain loans and investment securities
    9,900       2,933  
Net cash provided by operating activities of continuing operations
as adjusted                                                                                       
  $ 11,775     $ 35,153  

(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 provided by operating activities of continuing operations since it reflects how management views its liquidity and working capital requirements.



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