-Non-cash pre-tax lease accounting adjustment of
-Commences review of fixed asset accounting and related depreciation expense-
-Provides preliminary second quarter financial update-
The lease accounting errors have been preliminarily quantified by the Company and date back to 2006, the year of the Company's origination. As discussed below, adjustments for these errors will reflect non-cash charges primarily relating to deferred rent.
The Company leases 100% of its properties. Historically, when accounting for leases that included stated fixed rent increases, the Company recognized rent expense on a straight line basis over the current lease term with the term primarily commencing when actual rent payments began. Additionally, the Company did not record straight line rent on leases which contained CPI adjustments that also were subject to stated minimum rent increases. The Company will restate its previously issued financial statements to recognize rent expense on a straight line basis over the effective lease term, including cancelable option periods where failure to exercise such options would result in an economic penalty. The lease term will commence on the date when the Company establishes effective control over the property. Furthermore, straight line rent will be appropriately calculated on properties with CPI adjustments that are subject to a stated minimum required rent increase. The changes to the recognition of rent expense are timing in nature and do not change the total cash payments or aggregate rent expense over the effective life of the lease term. The total amount of the increases to historical deferred rent expense will be offset by the same aggregate amount of the adjustments in the form of lower deferred rent expense in the future years of the effective lives of the impacted leases.
The Company estimates that the aggregate pre-tax effect of the lease
accounting related restatement items from 2006 through the first quarter
of 2012 will range from
The lease accounting related restatement items will not impact the Company's cash flows, revenues or comparable restaurant sales. Additionally, these restatement items will not impact restaurant-level profit margin or Adjusted EBITDA.
During the fixed asset accounting review the Company will assess
historical asset additions, dispositions, useful lives and depreciation
from 2006 through the first quarter of 2012. The review will include a
store-level fixed asset inventory at all 144 restaurant locations
focusing primarily on kitchen equipment and other furniture and
fixtures. This review is likely to result in additional adjustments to
our historical financial statements. Based on the review work completed
to date, we expect the fixed asset accounting review to result in a
minimum of
In connection with the restatement, the Company will also reclassify
The Company's estimates for the impact of accounting adjustments are
subject to change as the Company and its independent registered public
accounting firm complete their review. The Company will make the
appropriate filings with the
Preliminary Second Quarter 2012 Financial Update
For the second quarter ended
Restaurant-level profit margin for the second quarter is expected to be
between 19.4% and 19.7%. Restaurant-level profit for the second quarter
is estimated to be between
The five Joe's Crab Shack restaurants developed under our new
unit prototype that have been open for more than twelve months have
estimated average sales volumes of
The Company has not yet completed closing procedures for the second quarter ended June 18, 2012 and these preliminary results are subject to change. Due to the scope and timing of the fixed asset accounting review noted above, the Company's second quarter earnings release and quarterly report on Form 10-Q are expected to be delayed.
Conference Call
The Company will host a conference call to discuss the restatement today
at
About
Non-GAAP Financial Measures and other Key Operating Metrics
This press release references non-GAAP financial measures as defined by
Our estimated restaurant-level profit margin for the second quarter
ended June 18, 2012 presented in this press release is calculated by
dividing estimated restaurant-level profit by estimated restaurant
sales. Restaurant sales represents our estimated revenue of
This press release also includes references to other key operating metrics and performance indicators, including change in comparable restaurant sales. Our comparable restaurant base includes restaurants open for at least 104 weeks, or approximately 24 months. Change in comparable restaurant sales represents the change in period-over-period sales of the comparable restaurant base.
Forward-Looking Statements
This press release includes "forward-looking statements" within the
meaning of the federal securities laws. Forward-looking statements are
subject to known and unknown risks and uncertainties, many of which may
be beyond our control. We caution you that the forward-looking
information presented in this press release is not a guarantee of future
events, and that actual events and results may differ materially from
those made in or suggested by the forward-looking information contained
in this press release. In addition, forward-looking statements generally
can be identified by the use of forward-looking terminology such as
"may," "plan," "seek," "comfortable with," "will," "expect," "intend,"
"estimate," "anticipate," "believe" or "continue" or the negative
thereof or variations thereon or similar terminology. Examples of
forward-looking statements in this press release include the expected
impact of the restatement on our historical financial results, the
potential timing of our fixed asset accounting review, our estimated
results for the second quarter of 2012, and our timing for releasing our
second quarter earnings results and quarterly report on Form 10-Q. A
number of other important factors could cause actual events and results
to differ materially from those contained in or implied by the
forward-looking statements, including those factors discussed in our
Registration Statement on Form S-1, filed on
As discussed above, our preliminary estimates for the impact of the lease accounting restatement items are subject to change as we and our independent registered public accounting firm complete our lease accounting review. In addition, there can be no assurance as to the precise timing of the completion of our fixed asset accounting review or what adjustments may be necessary to the Company's historical financial statements as a result of such review. Further, we have not yet completed closing procedures for the second quarter ended June 18, 2012, and our independent registered public accounting firm has not yet reviewed the results. Accordingly, these preliminary results are subject to change pending finalization, and actual results could differ materially as we finalize such results.
Investor Relations
fitzhugh.taylor@icrinc.com
Media
liz.brady@icrinc.com
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