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New York & Company, Inc. Announces Fourth Quarter And Fiscal Year 2012 Results

Stocks in this article: NWY

Conference Call Information

A conference call to discuss the fourth quarter and fiscal year 2012 results is scheduled for today Thursday, March 21, 2013 at 4:30 pm Eastern Time. Investors and analysts interested in participating in the call are invited to dial 888-364-3109, referencing conference ID number 3784318, approximately ten minutes prior to the start of the call. The conference call will also be web-cast live at www.nyandcompany.com. A replay of this call will be available beginning at 7:30 pm ET on March 21, 2013 until midnight on March 28, 2013 and can be accessed by dialing 877-870-5176 and entering conference ID number 3784318.

About New York & Company, Inc.

New York & Company, Inc. is a leading specialty retailer of women's fashion apparel and accessories, and the modern wear-to-work destination for women, providing perfectly fitting pants and NY Style that is feminine, polished, on-trend and versatile. The Company's proprietary branded New York & Company® merchandise is sold exclusively through its national network of retail stores and eCommerce store at www.nyandcompany.com. The Company currently operates 519 retail stores in 43 states. Additionally, certain product, press release and SEC filing information concerning the Company are available at the Company's website: www.nyandcompany.com.

Forward-looking Statements

This press release contains certain forward looking statements within the meaning of the safe harbor provisions of the United States Private Securities Litigation Reform Act of 1995. Some of these statements can be identified by terms and phrases such as “expect,” “anticipate,” “believe,” “intend,” “estimate,” “continue,” “could,” “may,” “plan,” “project,” “predict,” and similar expressions and references to assumptions that the Company believes are reasonable and relate to its future prospects, developments and business strategies. Such statements are subject to various risks and uncertainties that could cause actual results to differ materially. These include, but are not limited to: (i) the impact of general economic conditions and their effect on consumer confidence and spending patterns; (ii) changes in the cost of raw materials, distribution services or labor; (iii) the potential for current economic conditions to negatively impact the Company's merchandise vendors and their ability to deliver products; (iv) the Company’s ability to open and operate stores successfully; (v) seasonal fluctuations in the Company’s business; (vi) the Company’s ability to anticipate and respond to fashion trends; (vii) the Company’s dependence on mall traffic for its sales; (viii) competition in the Company’s market, including promotional and pricing competition; (ix) the Company’s ability to retain, recruit and train key personnel; (x) the Company’s reliance on third parties to manage some aspects of its business; (xi) the Company’s reliance on foreign sources of production; (xii) the Company’s ability to protect its trademarks and other intellectual property rights; (xiii) the Company’s ability to maintain, and its reliance on, its information technology infrastructure; (xiv) the effects of government regulation; (xv) the control of the Company by its sponsors and any potential change of ownership of those sponsors; and (xvi) other risks and uncertainties as described in the Company’s documents filed with the SEC, including its most recent Annual Report on Form 10-K and subsequent Quarterly Reports on Form 10-Q. The Company undertakes no obligation to revise the forward looking statements included in this press release to reflect any future events or circumstances.

 
 

Exhibit (1)

 

New York & Company, Inc. and Subsidiaries

Condensed Consolidated Statements of Operations

(Unaudited)

                 
(Amounts in thousands, except per share amounts)     14-weeks ended

February 2, 2013

% of net sales 13-weeks ended January 28, 2012 % of net sales
Net sales $ 291,758 100.0 % $ 271,837 100.0 %
 
Cost of goods sold, buying and occupancy costs   210,133   72.0 %   212,643   78.2 %
 
Gross profit 81,625 28.0 % 59,194 21.8 %
 
Selling, general and administrative expenses   71,075   24.4 %   70,002   25.8 %
 
Operating income (loss) 10,550 3.6 % (10,808 ) (4.0 )%
 
Interest expense, net of interest income   92   %   122   %
 
Income (loss) before income taxes 10,458 3.6 % (10,930 ) (4.0 )%
 
Benefit for income taxes   (22 ) %   (40 ) %
 
Net income (loss) $ 10,480   3.6 % $ (10,890 ) (4.0 )%
 
Basic earnings (loss) per share $ 0.17   $ (0.18 )
 
Diluted earnings (loss) per share $ 0.17   $ (0.18 )
 
Weighted average shares outstanding:
Basic shares of common stock   61,742     61,189  
Diluted shares of common stock   62,341     61,189  
 
Selected operating data:
(Dollars in thousands, except square foot data)    
Comparable store sales increase (decrease) 2.3 % (6.3 )%
Net sales per average selling square foot (a) $ 105 $ 94
Net sales per average store (b) $ 553 $ 506
Average selling square footage per store (c) 5,251 5,401
 

(a)

 

Net sales per average selling square foot is defined as net sales divided by the average of beginning and end of period selling square feet.

(b)

Net sales per average store is defined as net sales divided by the average of beginning and end of period number of stores.

(c)

Average selling square footage per store is defined as end of period selling square feet divided by end of period number of stores.

 
 

Exhibit (2)

New York & Company, Inc. and Subsidiaries

Condensed Consolidated Statements of Operations

(Unaudited)

                 
(Amounts in thousands, except per share amounts)     53-weeks ended

February 2, 2013

% of net sales 52-weeks ended January 28, 2012 % of net sales
Net sales $ 966,434 100.0 % $ 956,456 100.0 %
 
Cost of goods sold, buying and occupancy costs   701,613   72.6 %   734,838   76.8 %
 
Gross profit 264,821 27.4 % 221,618 23.2 %
 
Selling, general and administrative expenses   262,569   27.2 %   257,188   26.9 %
 
Operating income (loss) 2,252 0.2 % (35,570 ) (3.7 )%
 
Interest expense, net of interest income 360 % 495 0.1 %
 
Loss on modification and extinguishment of debt     %   144   %
 
Income (loss) before income taxes 1,892 0.2 % (36,209 ) (3.8 )%
 
(Benefit) provision for income taxes   (208 ) %   2,728   0.3 %
 
Net income (loss) $ 2,100   0.2 % $ (38,937 ) (4.1 )%
 
Basic earnings (loss) per share $ 0.03   $ (0.64 )
 
Diluted earnings (loss) per share $ 0.03   $ (0.64 )
 
Weighted average shares outstanding:
Basic shares of common stock   61,516     60,824  
Diluted shares of common stock   62,164     60,824  
 
Selected operating data:
(Dollars in thousands, except square foot data)    
Comparable store sales increase (decrease) 0.1 % (3.3 )%
Net sales per average selling square foot (a) $ 345 $ 324
Net sales per average store (b) $ 1,837 $ 1,758
Average selling square footage per store (c) 5,251 5,401
 

(a)

 

Net sales per average selling square foot is defined as net sales divided by the average of beginning and end of period selling square feet.

(b)

Net sales per average store is defined as net sales divided by the average of beginning and end of period number of stores.

(c)

Average selling square footage per store is defined as end of period selling square feet divided by end of period number of stores.

 
 

Exhibit (3)

New York & Company, Inc. and Subsidiaries

Condensed Consolidated Balance Sheets

         
(Amounts in thousands)     February 2, 2013 January 28, 2012
(Unaudited) (Audited)
Assets
Current assets:
Cash and cash equivalents $   60,933 $   50,787
Accounts receivable 8,216 7,269
Income taxes receivable 488 477
Inventories, net 80,198 81,328
Prepaid expenses 21,467 21,057
Other current assets 954 968
Total current assets 172,256 161,886
 
Property and equipment, net 97,960 115,280
Intangible assets 14,879 14,879
Deferred income taxes 6,755 6,796
Other assets 830 950
Total assets $   292,680 $   299,791
Liabilities and stockholders’ equity
Current liabilities:
Accounts payable $ 74,410 $ 72,297
Accrued expenses 51,158 55,146
Income taxes payable 989 3,064
Deferred income taxes 6,755 6,796
Total current liabilities 133,312 137,303
 
Deferred rent 48,834 57,127
Other liabilities 4,282 5,256
Total liabilities 186,428 199,686
 
Total stockholders’ equity 106,252 100,105
Total liabilities and stockholders’ equity $   292,680 $   299,791
 
 

Exhibit (4)

New York & Company, Inc. and Subsidiaries

Condensed Consolidated Statements of Cash Flows

         

(Amounts in thousands)

    53-weeks ended

February 2,

2013

52-weeks ended

January 28,

2012

(Unaudited) (Audited)
 
Operating activities
Net income (loss) $ 2,100 $ (38,937 )
Adjustments to reconcile net loss to net cash provided by (used in) operating activities:
Depreciation and amortization 34,909 38,418
Loss from impairment charges 556 3,055
Amortization of deferred financing costs 119 167
Write-off of unamortized deferred financing costs 144
Share-based compensation expense 3,868 3,719
Changes in operating assets and liabilities:
Accounts receivable (947 ) 2,487
Income taxes receivable (11 ) 50
Inventories, net 1,130 734
Prepaid expenses (410 ) (350 )
Accounts payable 2,113 (1,314 )
Accrued expenses (3,988 ) (9,056 )
Income taxes payable (2,075 ) 2,804
Deferred rent (8,293 ) (9,735 )
Other assets and liabilities   (1,691 )   (740 )
Net cash provided by (used in) operating activities   27,380     (8,554 )
 
Investing activities
Capital expenditures (18,144 ) (12,158 )
Insurance recoveries   815      
Net cash used in investing activities   (17,329 )   (12,158 )
 
Financing activities
Proceeds from borrowings under revolving credit facility 14,000
Repayment of borrowings under revolving credit facility (14,000 )
Repayment of debt (7,500 )
Payment of financing costs (595 )
Proceeds from exercise of stock options   95     2,202  
Net cash provided by (used in) financing activities   95     (5,893 )
 
Net increase (decrease) in cash and cash equivalents 10,146 (26,605 )
Cash and cash equivalents at beginning of period   50,787     77,392  
Cash and cash equivalents at end of period $ 60,933   $ 50,787  
 
 

Exhibit (5)

New York & Company, Inc. and Subsidiaries

Reconciliation of GAAP to Non-GAAP Financial Measures

(Unaudited)

 
A reconciliation of the Company’s GAAP to non-GAAP gross margin, operating income (loss), net income (loss) and earnings (loss) per diluted share for the 14-weeks and 53-weeks ended February 2, 2013 are indicated below. This information reflects, on a non-GAAP adjusted basis, the Company’s operating results after excluding the effect of a $4.3 million favorable adjustment reflecting breakage income from unused merchandise credits. This non-GAAP financial information is provided to enhance the user’s overall understanding of the Company’s current financial performance. Specifically, the Company believes the non-GAAP adjusted results provide useful information to both management and investors by excluding earnings that the Company believes are not indicative of the Company’s continuing operating results. The non-GAAP financial information should be considered in addition to, not as a substitute for or as being superior to, measures of financial performance prepared in accordance with GAAP.

 

     

 

14-weeks ended February 2, 2013

(Amounts in thousands, except per share amounts)

Gross

margin

   

 

Operating

income

    Net income    

Earnings per

diluted share

 
GAAP as reported $ 81,625 $ 10,550 $ 10,480 $ 0.17

Adjustments affecting comparability

Breakage income related to merchandise credits(1)   (4,325 )   (4,325 )   (4,325 )   (0.07 )

Non-GAAP as adjusted

$ 77,300   $ 6,225   $ 6,155   $ 0.10  
 

 

53-weeks ended February 2, 2013

(Amounts in thousands, except per share amounts)

 

Gross margin

Operating

income (loss)

Net income

(loss)

 

Earnings

(loss) per

diluted share

 
GAAP as reported $ 264,821 $ 2,252 $ 2,100 $ 0.03

Adjustments affecting comparability

Breakage income related to merchandise credits(1)   (4,325 )   (4,325 )   (4,325 )   (0.07 )

Non-GAAP as adjusted

$ 260,496   $ (2,073 ) $ (2,225 ) $ (0.04 )
 

(1) The tax effect of the $4.3 million benefit is offset by a full valuation allowance against deferred tax assets.

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