Archive for August, 2010

California Pizza Kitchen, Inc. (CPK) (NASDAQ: CPKI), home to the Original BBQ Chicken Pizza and other innovative hearth-baked pizzas, made-to-order pastas, creative salads, appetizers, soups, sandwiches and desserts, today announced the opening of its first restaurant in India. Opened by CPK franchise partner JSMGGC India Pvt. Ltd., a joint-venture between Mumbai-based JSM Corporation and Dubai-based Gourmet Gulf Company, it is located in the upscale Bandra Kula Complex (BKC) district of Mumbai.

BKC is a growing commercial district which hosts a variety of corporations and points of interest such as the American Embassy, NSE, Citibank and two of India’s top schools: The American School and the Dhirubai Ambani School.

The new CPK restaurant is located on the ground floor of one of the many BKC commercial complexes, Maker Maxity, which hosts numerous businesses including Reliance Industries, one of the largest companies in India, UBS, Volkswagen, Audi and Dow Jones.

The 4,000 square-foot restaurant seats approximately 180 people, including additional seating available on the covered outdoor patio. Tastefully decorated with warm colors and rich textures, the restaurant will open Monday through Sunday from 12:00 p.m. to 12:00 a.m.

The open-exhibition kitchen takes center stage where guests can watch as all of the innovative creations are prepared. The menu will include a variety of items from the popular Thai Chicken Pizza and Waldorf Chicken Salad to the Kung Pao Spaghetti and Avocado Egg Rolls. The new restaurant will also feature an extensive beverage menu from its full bar, including the CPK Ultimate Margarita and other signature favorites such as the Original Recipe Mojitos and Martinis.

In the Northeastern United States where locally owned pizza shops are abundant, Little Caesars Pizza has been growing with its unique business model and operating system. Little Caesars’ concept offers menu items such as pizza and Crazy Bread® at a great price that are ready when the customers walk in without the need to wait or call ahead. Franchisees who own Little Caesars restaurants in the Northeast feel confident that local customers appreciate the quality, value and convenience offered by the international pizza brand.

Little Caesars franchisee Gabi Bazzi relocated from the Detroit area to open his restaurants in Providence, Rhode Island. “Having been a franchisee with a sandwich shop for seven years, I understand the quick service restaurant industry and I saw huge potential for Little Caesars to expand in this part of the country,” he said.

Bazzi has opened two Little Caesars Pizza restaurants in Rhode Island in the last year and plans to open several more.

“Little Caesars provides high-quality products and unmatched convenience for a great price.  Our customers agree, and have named us the ‘Best Value in America’* for three years running. Value never goes out of style,” he said.

Tom and Pam Ernst left their real estate careers in Tennessee four years ago to become Little Caesars franchisees in the Portland, Maine area. The Ernsts watched the company closely and were impressed to see the brand grow from regional to international.

“We’ve been self-employed since 1978 and have a good understanding of what it takes to make a business successful,” Tom said. “Yet, we weren’t experts in the pizza business. That’s where Little Caesars has an advantage. They’ve been in business for more than 50 years and have fine-tuned the business model. They’ve identified what works, and share that template with franchisees.”  

Clif D’Mello started his career with another quick service restaurant chain in Newark, Del. Within three years, he learned the ropes and was later promoted to district leader where he overlooked the operations of three franchisee-owned stores. After working with the franchisee, he realized that he could become his own boss.  He chose Little Caesars because of the proven franchise system.

“Little Caesars’ operating model is straightforward, it makes sense, and it works,” D’Mello said. “I didn’t have to develop a new business formula from scratch and worry that it wouldn’t work.”

D’Mello also liked the growth opportunity offered by Little Caesars and has expanded his business into Pennsylvania.  ”In an area that is home to many small pizza chains, there is a big opportunity to grow a brand like Little Caesars Pizza that has strong consumer recognition. Customers are loyal to our HOT-N-READY® products, and our Crazy Bread® has an amazing following.”

Little Caesars Vice President of Franchise Development Bob Mazziotti VP Franchise Development adds, “Like a lot of ‘mom and pop’ pizza shops, Little Caesars is a family-owned business, but our franchisees benefit from the economies of scale and support of the larger company. It’s the best of both worlds.”

Domino’s Pizza has announced that it named Michael Lawton as its new Executive Vice President and Chief Financial Officer. Lawton, 51, is an 11-year veteran of Domino’s Pizza, and has a proven track record as the head of its highly successful international business. Lawton succeeds Wendy A. Beck, who has accepted a position as executive vice president and chief financial officer of Norwegian Cruise Lines, in Miami, Florida. Beck will remain at Domino’s through a transition period, working with Lawton.

J. Patrick Doyle, Domino’s President and Chief Executive Officer, said, “We wish Wendy the very best in her new position, as she embarks on new challenges, and thank her for her many contributions to Domino’s. We are most fortunate to have Mike Lawton fully prepared to succeed in the important position of CFO. Mike has done an outstanding job of growing our international business, and getting it to a point of both critical mass and ongoing success. Mike is not only a proven general manager, but highly qualified as a financial expert for a public company — a powerful combination for a great CFO and business partner.”

Lawton joined Domino’s in 1999 as head of finance for the Company’s international division. He was named Executive Vice President of International in October 2004. Under his leadership, the division has driven a retail sales compounded annual growth rate of 12%, and has added over 1,100 stores in both existing and new markets around the world. For 13 years prior to Domino’s, Lawton was with Gerber Products Company, serving as Gerber’s corporate controller, vice president of international finance, senior vice president and chief operator officer of its U.S. operations, and president of its Alima division in Poland. Lawton began his career as a certified public accountant for Ernst & Young. He holds a Bachelor of Arts in Accounting from Michigan State University and a Masters in Business Administration from Grand Valley State University. He resides in Ann Arbor, Michigan with his wife, Janet, and their two sons.

Lawton commented on his new position: “I am very excited to take on the role as the Chief Financial Officer of Domino’s Pizza; and I feel great about the strength of the international business and its well-seasoned team. I look forward to continuing to work with them in my new capacity.”

The Company plans to conduct a thorough search for the position of Executive Vice President of International. Management stated that it expects there to be great interest by a number of highly-qualified candidates, given Domino’s attractive international track record, strong global brand recognition and outstanding growth potential.

Pizza Hut® and If I Can Dream® join to offer one winner $10,000 to fulfill dream

DALLAS  (RestaurantNewsRelease.com)  Starting today, Pizza Hut® is joining with the break-through online-based If I Can Dream, which opens up and democratizes the Hollywood Dream, to give one lucky person $10,000 make their dream come true. Through September 25, Pizza Hut customers can watch the aspiring artists of the If I Can Dream cast pursue their dreams and then, in the spirit of the platform which puts the power in the hands of a global audience on an unprecedented scale, they can enter for a chance to fulfill their own.

To receive an entry code for the “Ultimate Dream Give Away,” order a Pepsi beverage with your meal at www.pizzahut.com (free alternate entry available)*.  Visit http://dream.pizzahut.com to enter the code and find out instantly if you have won. Winners will be greeted by an exclusive video message from an If I Can Dream cast member announcing their prize.  In addition to the grand prize of $10,000, Pizza Hut also will be giving away Pizza Hut pizza for one year and thousands of Pizza Hut gift cards.

If I Can Dream is an innovative new way for customers to enjoy original programming online,” said Tressie Lieberman, Senior Manager, Digital Marketing. “We are excited to work with them to bring one person’s dream to life.”

Created by the visionary force behind American Idol, Simon Fuller, If I Can Dream is designed to pull back the curtain and reveal the truth behind what it takes to “make it” in Hollywood. The platform invites the world to follow young aspiring artists as they pursue their dreams while living together in a house in the Hollywood Hills which gives viewers ultimate access as their every move is streamed live 24 hours a day, 7 days a week on www.ificandream.com. Viewers also have full access to the artists through MySpace, Twitter and Facebook in real-time. If I Can Dream is the first original series on Hulu.com and expands the boundaries of mainstream entertainment and empowers a new generation of entertainment fans to decide who has what it takes and who should have the opportunity to be become a star.

Visit the http://dream.pizzahut.com site or the Pizza Hut Facebook Page to watch episodes and exclusive video clips from the If I Can Dream house and cast. Pizza Hut will be delivering the cast’s favorite Pizza Hut pizza, pasta and wings to the house and holding a special Twitter chat with Pizza Hut Tweetologist Alexa Robinson during the partnership.

For more information on Pizza Hut, visit PizzaHut.com or interact with Pizza Hut at facebook.com/pizzahut and twitter.com/pizzahut.

*No purchase is necessary to participate. To receive a free alternate entry see Official Rules posted online at http://dream.pizzahut.com.

About Pizza Hut

Pizza Hut, America’s Favorite Pizza, delivers more pizza, pasta and wings than any other restaurant. The only pizza company to be named a top ten franchise in 2009 by Entrepreneur Magazine, Pizza Hut began 50 years ago in Wichita, Kansas and today operates nearly 10,000 restaurants in more than 90 countries. Pizza Hut, Inc. is a subsidiary of Yum! Brands, Inc. (NYSE: YUM). To check out what’s new at Pizza Hut visit pizzahut.com.

Sbarro, Inc. has announced results of operations for the second quarter and six months ended June 27, 2010. The Company’s detailed results are included in its Quarterly Report on Form 10-Q, which was filed with the SEC on August 11, 2010.

Second Quarter Financial Results

Revenues were $76.1 million for the quarter ended June 27, 2010 as compared to revenues of $80.1 million for the quarter ended June 28, 2009. The decrease in sales is due to a decrease in comparable-unit sales of $4.5 million or 6.2% in our QSR restaurants and lost sales from stores strategically closed of $1.4 million, partially offset by sales generated by new stores opened, remodeled or relocated in 2010 and 2009 of $1.9 million. Domestic franchise restaurants performed better than company-owned restaurants with a comparable-unit sales decline of 0.9%, mainly due to shifts in the university semesters as compared to the prior year. The decrease in company-owned and domestic franchise comparable-unit sales primarily reflects continued reduced consumer spending throughout the United States as a result of the current economic environment. Without consideration for foreign currency fluctuations, international franchise comparable-unit sales increased 4.1%. The valuation of the U.S. Dollar relative to foreign currencies added an additional 3.9% increase in international franchise comparable-unit sales.

EBITDA, as calculated in accordance with the terms of the Company’s bank credit agreements, was $6.3 million for the quarter ended June 27, 2010 as compared to $8.2 million for the quarter ended June 28, 2009. The decline was primarily the result of the decline in company-owned comparable-unit sales and an increase in commodity costs during the quarter, specifically cheese, partially offset by payroll and other cost savings initiatives.

As discussed in Exhibit A, EBITDA is a non-GAAP financial measure that management believes is an important metric for us to report to our investors, as we consider it a helpful additional indicator of our ability to meet future debt obligations and to comply with certain covenants in our borrowing agreements which are tied to this metric. Exhibit A includes a reconciliation of EBITDA to net loss, which is the most directly comparable financial measure under United States Generally Accepted Accounting Principles (“GAAP”). Exhibit A also identifies adjustments to EBITDA that are provided for under the Company’s bank credit agreements.

Year to Date Financial Results

Revenues were $155.1 million for the six months ended June 27, 2010 as compared to revenues of $159.7 million for the six months ended June 28, 2009. The decrease in sales is due to a decrease in comparable-unit sales of $5.4 million or 3.7% in our QSR restaurants and lost sales from stores strategically closed of $3.6 million, partially offset by sales generated by new stores opened, remodeled or relocated in 2010 and 2009 of $3.9 million. Domestic franchise comparable-unit sales declined 3.0%. The decrease in company-owned and domestic franchise comparable-unit sales primarily reflects continued reduced consumer spending throughout the United States as a result of the current economic environment. Without consideration for foreign currency fluctuations, international franchise comparable-unit sales increased 5.8%. The valuation of the U.S. Dollar relative to foreign currencies added an additional 7.0% increase in international franchise comparable-unit sales.

EBITDA, as calculated in accordance with the terms of the Company’s bank credit agreements, was $14.3 million for the six months ended June 27, 2010 as compared to $17.3 million for the six months ended June 28, 2009. The decline was primarily the result of the decline in company-owned comparable-unit sales and an increase in commodity costs, specifically cheese, partially offset by cost savings initiatives.

The Company was in compliance with all covenants as calculated in accordance with the terms of the Company’s bank credit agreement at June 27, 2010.

Nicholas McGrane, Interim President and Chief Executive Officer of Sbarro, Inc. commented, “Our results for the second quarter of 2010 continued to be impacted by the general economic slowdown still present in our operating environment. We are focusing on top line performance to strengthen results in the months ahead while continuing to balance our cost control initiatives.”

Conference Call Scheduled

Sbarro, Inc. will host a conference call on August 19, 2010 at 9:30 AM Eastern Time to discuss results of operations for the second quarter and six months ended June 27, 2010. There are two ways to participate in the conference call-via conference call or webcast. Domestic callers may dial in at 1-877-941-8601. International callers may dial in at 1-480-629-9810. Request to be connected to the Sbarro, Inc. Q2 Fiscal 2010 Earnings Conference Call, confirmation number 4349740. Callers should dial in five to ten minutes before the scheduled start time. You may also access the conference call via webcast by visiting Sbarro Inc.’s website (http://www.sbarro.com), selecting Investors, and going to Investor Presentations.

An archived copy of the call will be available for one week to replay beginning at 12:30 PM (ET) on August 19, 2010. Domestic callers may dial 1-877-870-5176 and International callers may dial 1-858-384-5517. The replay PIN number is 4349740. An archived copy of the call will also be available by accessing Sbarro, Inc.’s homepage.

About the Company

Based in Melville, New York, we are the world’s leading Italian quick service restaurant concept and the largest shopping mall-focused restaurant concept in the world. We have more than 1,000 restaurants in 41 countries. Sbarro restaurants feature a menu of popular Italian food, including pizza, a selection of pasta dishes and other hot and cold Italian entrees, salads, sandwiches, drinks and desserts. Additional information is available at http://www.sbarro.com.

Forward-Looking Statement Disclosure

This press release contains “forward-looking statements,” as such term is used in the Securities Exchange Act of 1934, as amended. Forward-looking statements include statements about non-historical matters and often are identified by the words “anticipate,” “believe,” “estimate,” “expect,” “intend,” “plan,” “project,” “target,” “can,” “could,” “may,” “should,” “will,” “would” and similar expressions. These forward-looking statements include statements about anticipated future store openings and growth and involve known and unknown risks, uncertainties and other factors that may cause the actual results, performance, achievements or transactions of Sbarro and its affiliates to be materially different from any future results, performance, achievements or transactions expressed or implied by such forward-looking statements. Factors that could cause or contribute to such differences include: (1) general economic, inflation, national security, weather and business conditions; (2) decrease in mall traffic, and other events arising from the downturn in the economy; (3) the availability of suitable restaurant sites in appropriate regional shopping malls and other locations on reasonable rental terms; (4) changes in consumer tastes; (5) changes in population and traffic patterns, including the effects that military action and terrorism or other events may have on the willingness of consumers to frequent malls, airports or downtown areas which are the predominant areas in which our restaurants are located; (6) our ability to continue to attract franchisees; (7) the success of our present, and any future, joint ventures and other expansion opportunities; (8) changes in commodity and commodity related prices (particularly cheese and flour), beverage and paper products; (9) our ability to pass along cost increases to our customers; (10) increases in the Federal minimum wage; (11) the continuity of services of members of our senior management team; (12) our ability to attract and retain competent restaurant and executive managerial personnel; (13) competition; (14) the level of, and our ability to comply with, government regulations; (15) our ability to generate sufficient cash flow to make interest payments under our borrowing agreements; (16) our ability to comply with financial covenants and ratios and the effects the restrictions imposed by those financial covenants and ratios may have on our ability to operate our business; (17) our ability to repurchase and/or repay amounts under our borrowing agreements to the extent required in the event of certain circumstances as defined in our borrowing agreements; and (18) other factors discussed in our filings with the Securities and Exchange Commission. The Company undertakes no obligation to update or revise any forward- looking statements, whether as a result of new information, future events or otherwise. The Company assumes no obligation to update or supplement forward-looking statements that become untrue because of subsequent events.

[Financial schedules to follow]

SBARRO, INC. AND SUBSIDIARIES
CONSOLIDATED STATEMENTS OF OPERATIONS
(UNAUDITED)
(in thousands)
         
    For The Three Months   For The Three Months
    Ended June 27,   Ended June 28,
    2010   2009
         
Revenues:        
Restaurant sales   $ 72,964     $ 76,659  
Franchise related income     3,132       3,475  
Total revenues     76,096       80,134  
         
Costs and expenses:        
Cost of food and paper products     15,323       15,631  
Payroll and other employee benefits     20,590       21,548  
Other operating costs     30,989       29,730  
Other income, net     (941 )     (844 )
Depreciation and amortization     3,719       4,266  
General and administrative     7,729       7,424  
Goodwill and other intangible asset impairment     15,700       -  
Asset impairment, restaurant closings/remodels     1,118       1,117  
Total costs and expenses, net     94,227       78,872  
         
Operating (loss) income     (18,131 )     1,262  
         
Other (expense) income:        
Interest expense     (7,657 )     (7,492 )
Interest income     1       1  
Net other expense     (7,656 )     (7,491 )
Loss before income taxes and equity investments     (25,787 )     (6,229 )
Income tax (benefit) expense     (6,192 )     168  
Loss before equity investments     (19,595 )     (6,397 )
Loss from equity investments     (58 )     (53 )
Net loss     (19,653 )     (6,450 )
Less: Net loss (income) attributable to                
noncontrolling interests     824       (19 )
Net loss attributable to Sbarro, Inc.   $ (18,829 )   $ (6,469 )

 

SBARRO, INC. AND SUBSIDIARIES
CONSOLIDATED STATEMENTS OF OPERATIONS
(UNAUDITED)
(in thousands)
         
    For The Six Months   For The Six Months
    Ended June 27,   Ended June 28,
    2010   2009
         
Revenues:        
Restaurant sales   $ 148,191     $ 152,942  
Franchise related income     6,889       6,774  
Total revenues     155,080       159,716  
         
Costs and expenses:        
Cost of food and paper products     30,646       31,129  
Payroll and other employee benefits     41,848       42,787  
Other operating costs     61,001       59,574  
Other income, net     (1,787 )     (2,020 )
Depreciation and amortization     7,093       8,467  
General and administrative     15,329       15,826  
Goodwill and other intangible asset impairment     15,700       -  
Asset impairment, restaurant closings/remodels     1,118       1,996  
Total costs and expenses, net     170,948       157,759  
         
Operating (loss) income     (15,868 )     1,957  
         
Other (expense) income:        
Interest expense     (15,106 )     (13,333 )
Write-off of deferred financing costs     -       (423 )
Interest income     1       33  
Net other expense     (15,105 )     (13,723 )
Loss before income taxes and equity investments     (30,973 )     (11,766 )
Income tax (benefit) expense     (6,080 )     272  
Loss before equity investments     (24,893 )     (12,038 )
Loss from equity investments     (120 )     (108 )
Net loss     (25,013 )     (12,146 )
Less: Net loss (income) attributable to                
noncontrolling interests     987       (33 )
Net loss attributable to Sbarro, Inc.   $ (24,026 )   $ (12,179 )

 

Exhibit A
Sbarro, Inc.
EBITDA Reconciliation
Quarters and Years to Date Ended June 27, 2010 and June 28, 2009
(unaudited)
 
EBITDA represents earnings before interest income, interest expense, taxes, depreciation and amortization. EBITDA, as calculated under the Company’s bank credit agreements, includes certain additional adjustments, as set forth in the reconciliation that follows. EBITDA is a non-GAAP financial measure and should not be considered in isolation from, or as a substitute for, net income, cash flow from operations or other cash flow statement data prepared in accordance with United States generally accepted accounting principles (“GAAP”) or as a measure of a company’s profitability or liquidity. Rather, we believe that EBITDA provides relevant and useful information for analysts of, and investors in, our Senior Notes due 2015 (“Senior Notes”), and our lenders as EBITDA is one of the measures used in calculating our compliance with certain financial ratios in the indenture governing our Senior Notes and in determining compliance with certain financial covenants under the Company’s bank credit agreements.

Our calculation of EBITDA may not be comparable to a similarly titled measure reported by other companies, since all companies do not calculate this non-GAAP measure in the same manner. Our EBITDA calculations are not intended to represent cash provided by (used in) operating activities since they do not include interest and taxes and changes in operating assets and liabilities, nor are they intended to represent a net increase in cash since they do not include cash provided by (used in) investing and financing activities. The calculation of EBITDA under our bank credit agreements and under the indenture governing our Senior Notes may differ, because of differences in the definitions contained in those two documents. We provide a calculation of EBITDA under our bank credit agreements because we are required to satisfy a quarterly financial measurement that uses EBITDA as a compliance metric. Our indenture does not include a similar quarterly compliance covenant.

The following tables reconcile net loss attributable to Sbarro, Inc. for the following periods in 2010 and 2009, respectively, to EBITDA as defined in the Company’s bank credit agreements for the same periods. We believe that net loss is the most directly comparable GAAP financial measure to EBITDA. All amounts below are in thousands.

    Three Months Ended   Three Months Ended
    June 27, 2010   June 28, 2009
         
Net loss attributable to Sbarro, Inc.   ($18,829 )   ($6,469 )
Interest Expense   7,657     7,492  
Interest Income   (1 )   (1 )
Income Tax Expense   (6,192 )   168  
Depreciation and Amortization   3,719     4,266  
EBITDA attributable to Sbarro, Inc.   ($13,646 )   $5,456  
         
Goodwill and other intangible asset impairment   15,700     -  
         
EBITDA attributable to Sbarro, Inc. exclusive of goodwill and other intangible asset impairment   $2,054     $5,456  
         
Adjustments:        
Non-cash charges (1)   1,326     1,205  
Management fees and related expenses (2)   297     248  
Restructuring related expenses, store closing costs and severance (3)   1,481     1,084  
Preopening, joint venture operations and taxes in lieu of income tax   1,158     227  
Bank Credit Agreement EBITDA   $6,316     $8,220  

 

    Six Months Ended   Six Months Ended
    June 27, 2010   June 28, 2009
         
Net loss attributable to Sbarro, Inc.   ($24,026 )   ($12,179 )
Interest Expense   15,106     13,333  
Interest Income   (1 )   (33 )
Income Tax Expense   (6,080 )   272  
Depreciation and Amortization   7,093     8,467  
EBITDA attributable to Sbarro, Inc.   ($7,908 )   $9,860  
         
Goodwill and other intangible asset impairment   15,700     -  
         
EBITDA attributable to Sbarro, Inc. exclusive of goodwill and other intangible asset impairment   $7,792     $9,860  
         
Adjustments:        
Non-cash charges (1)   1,816     2,820  
Management fees and related expenses (2)   595     957  
Restructuring related expenses, store closing costs and severance (3)   2,016     2,989  
Preopening, joint venture operations and taxes in lieu of income tax   2,122     722  
Bank Credit Agreement EBITDA   $14,341     $17,348  
     
     
(1)   Expenses relating to non-cash charges including deferred rent and asset impairments.
     
(2)   Financial advisory, accounting, legal and other similar advisory and consulting fees relating to the credit facility amendment and 2nd lien transaction in 2009 and accrued management fees and expenses.
     
(3)   Restructuring related expenses, severance or the discontinuance of any portion of operations, employees and/or management and operating losses of closed stores.

Noble Roman’s, Inc., the Indianapolis based franchisor of Noble Roman’s Pizza and Tuscano’s Italian Style Subs, has announced results for the quarterly period ended June 30, 2010. Net income was $374,673 or $.02 per share basic and diluted, on weighted average number of common shares outstanding of 19.4 million and diluted weighted average shares of 20.0 million. This compares to net income of $415,234 for the quarterly period ended June 30, 2009, or $.02 per share basic and diluted, on weighted average number of common shares outstanding of 19.4 million, and diluted weighted average shares of 19.9 million. Total revenues for the quarterly period ended June 30, 2010 were $1.8 million compared to total revenues of $1.9 million for the comparable period in 2009.

For the six-month period ended June 30, 2010, the company reported a net income of $726,339, or $.04 per share basic and diluted, on weighted average number of common shares outstanding of 19.4 million and diluted weighted average shares of 20.0 million. This compares to net income of $831,995 for the six-month period ended June 30, 2009, or $.04 per share basic and diluted weighted average number of common shares outstanding of 19.4 million and diluted weighted average shares of 19.9 million. Total revenues for the six-month period ended June 30, 2010 were $3.6 million compared to $3.8 million for the corresponding period in 2009. The company’s pre-tax income for the six-month period was $1,202,748 compared to $1,377,704 for the corresponding period in 2009.

Total revenue decreased from $1.9 million to $1.8 million and from $3.8 million to $3.6 million for the three-month and six-month periods ended June 30, 2010 compared to the corresponding periods in 2009. One-time fees, franchisee fees and equipment commissions increased from $57,338 to $83,408 and from $141,961 to $207,092 for the three-month and six-month periods ended June 30, 2010 compared to the corresponding periods in 2009. Ongoing royalties and fees decreased from $1,682,483 to $1,595,367 and from $3,357,473 to $3,107,339 for the quarterly and six-month periods in 2010 compared to 2009. Of this decrease, $92,156 and $194,539 resulted from fewer traditional units being in operation during the three-month and six-month periods in 2010, and $63,334 and $168,619 resulted from a decrease in ongoing royalties and fees from non-traditional units other than grocery stores. These were partially offset by an increase in ongoing royalties and fees from the grocery store take-n-bake additions in the amount of $68,384 and $113,024 for the three-month and six-month periods in 2010. 

The company recently developed a take-n-bake version of its pizza as an addition to its menu offerings. The take-n-bake pizza is designed as an add-on component for new and existing convenience store franchisees and as a stand-alone offering for grocery store chains. The company started offering take-n-bake pizza to grocery store chains in September 2009.

As of June 30, 2010, the company had signed agreements for 190 grocery store locations to operate the take-n-bake pizza program, 166 of which were open at that time. As of August 6, 2010, the company had signed agreements for 234 grocery store locations to operate the take-n-bake pizza program, 180 of which were open at that time. The company anticipates opening almost all of the remaining 54 locations within the next 30 days. Many of the grocery store chains that have signed agreements for certain of their grocery store locations to operate the take-n-bake pizza program have indicated their intent to enter into agreements for the remainder of their grocery stores. The company expects to sign several additional units with existing chains and is also in discussions with several other grocery store chains. 

The company also recently signed an agreement with a grocery distribution company which services approximately 1,700 grocery stores in the western United States. This agreement provides for the grocery distributor to stock the company’s proprietary products for distribution to their customers and promote the company’s take-n-bake program to all of their 1,700 customers. The take-n-bake program has been integrated into the operations of many of the company’s existing convenience store franchises, which has generated significant add-on sales, and is now being offered to all franchise prospects for convenience stores. The company uses the same high quality pizza ingredients for its take-n-bake product as with its standard pizza, with slight modification to portioning for increased home baking performance.

Lack of access to capital in today’s economic environment by many small to medium sized businesses, which make up the larger base of the company’s pool of franchise prospects for its non-traditional franchise program, has slowed the company’s rate of growth in these venues. To address these conditions, the company recently redesigned its layout and equipment specifications for convenience stores to lower their investment to approximately $15,000 down from the old design of $30,000 without decreasing the revenue potential of the concept. The company believes that this lower investment cost, in today’s environment, will substantially increase the growth rate in convenience stores resulting in additional royalty and fee income.

The company also recently began bidding on military base locations through the Army and Air Force Exchange Service and has been awarded four contracts and has outstanding bids on several Army/Air Force bases. When awarded a contract, the company locates a franchisee and assigns the contract. The company has already signed franchise agreements for the Keesler Air Force Base and the Tinker Air Force Base and those units are under construction and expected to open in September.

The company is a Defendant in a lawsuit styled Kari Heyser, Fred Eric Heyser and Meck Enterprises, LLC, et al v. Noble Roman’s, Inc. et al, filed in Superior Court in Hamilton County, Indiana on June 19, 2008 (Cause No. 29D01 0806 PL 739). The Plaintiffs in the case originally were Kari and Fred Heyser and Meck Enterprises, LLC, Shawn and Jamie White and Casual Concepts of Texas, LLC, Afifa Abdelmalek and St. Markorios Corporation, Robert and Kathleen Hopkins and Withmere Restaurants, LLC, John and Mariann Dunn and D & G Restaurant, LLC, Jason Clark and Nican Enterprises, LLC, Thomas A. Brintle and Noble Roman’s Mt. Airy 100, LLC, Marikate and Paul Morris and Kapza, Inc., Kim Neal and Mopan Commerce, Inc., and Collett Eugene Harrington and Sazzip, LLC. Plaintiffs Marikate and Paul Morris and Kapza, Inc. have withdrawn their claims against the company. The Judge found the Villasenor Plaintiffs in a Contempt of Court Order and dismissed with prejudice the claims filed by Plaintiffs Henry and Brenda Villasenor and H&B Villasenor Investments, Inc. against the company and the company’s officers that were named in this action. The Defendants originally were the company, Paul W. Mobley, A. Scott Mobley, Troy Branson, Mitch Grunat, CIT Small Business Lending Corporation and PNC Bank. The Court has dismissed the claims against CIT Small Business Lending Corporation and PNC Bank. 

The Plaintiffs are former franchisees of the company’s traditional location venue. In addition to the company, the Defendants include certain of the company’s officers. The Plaintiffs allege that the Defendants induced them to purchase traditional franchises through fraudulent representations and omissions of material facts regarding the franchises, and seek compensatory and punitive damages. In the Complaint, the Plaintiffs claimed damages in the aggregate in the amount of $6.8 million and in some cases requested punitive damages, court costs and/or prejudgment interest. Discovery was completed July 19, 2010 and the Judge has denied Plaintiffs’ request for an extension of the discovery deadlines. To date, all of the remaining Plaintiffs have been deposed except Soltero Plaintiffs. Plaintiffs’ counsel withdrew representation of Soltero Plaintiffs and counsel for Defendants has been unable to locate the Soltero Plaintiffs.

The company filed a Counter-Claim for Damages against all of the Plaintiffs and moved to obtain Preliminary and Permanent Injunctions against a majority of the Plaintiffs to remedy the Plaintiffs’ continuing breaches of the applicable franchise agreements. The company’s Motion for Preliminary Injunction was granted in October 2008. The company has asserted that none of the preliminarily enjoined Plaintiffs fully complied with the Court’s Order and that several of them only minimally complied. Accordingly, the company filed a Motion to Require Full Compliance and To Show Cause why they should not be held in contempt and for attorney’s fees as sanctions. The Court granted the company’s Motion ordering Plaintiffs to fully comply with the preliminary injunction order.

The company filed a Motion to Revoke the Temporary Admission Pro Hac Vice of David M. Duree, Plaintiffs’ former counsel, for filing fraudulent affidavits with the Court. The Court granted this motion in March 2009. In the same ruling the Court: continued the Motion to Show Cause to allow parties time to conduct discovery, including depositions on the preliminarily enjoined Plaintiffs, on that issue; granted preliminary injunctions against Plaintiffs Gomes and Villasenor; dismissed claims against CIT Small Business Lending Corporation and PNC Bank with prejudice; and struck the fraudulent affidavits. New counsel for Plaintiffs entered his appearance in the case on behalf of the Plaintiffs in May 2009. 

The company also filed a Motion for Partial Summary Judgment as to several claims in the Complaint, which the Court granted in September, 2009. In October, 2009 Plaintiffs filed a Motion to Correct Error, Reconsider and Vacate Order; Request for Clarification; Alternatively, Motion for Certification of Appeal of Interlocutory Order and for Stay of Proceeding Pending Appeal. In January, 2010, the Court denied Plaintiffs’ Motion and in the same Order the Court denied Plaintiffs’ Motion for Certification of Appeal of Interlocutory Order and for Stay of Proceedings Pending Appeal. The Court also denied Plaintiffs’ request to amend their Complaint. In February, 2010, counsel for the Plaintiffs filed a Notice of Appeal with the Indiana Court of Appeals and subsequently filed their Brief of Appellants. Defendants’ Counsel filed a Brief of Appellees in opposition to the appeal, both for lack of jurisdiction and also on the merits. The Plaintiffs did not file a Reply Brief. Briefing is completed and the parties are now awaiting a decision from the Indiana Court of Appeals. The Court of Appeals has not scheduled an oral argument for this appeal.   

Defendants have all been deposed by Plaintiffs’ counsel. Defendants have filed Motions for Summary Judgment as to all of the Plaintiffs as a result of their deposition testimony. Through various extensions, the Court has now set a deadline of August 12, 2010 for Plaintiffs to file their responses to Defendants’ Motions for Summary Judgment against all remaining Plaintiffs and has ruled that Plaintiffs cannot request any further extensions of time in this respect. Pursuant to the Court’s mandate, Defendants will have 14 days after Plaintiffs file their response briefs to file any Reply Briefs in support of Defendants’ summary judgment motions. Once summary judgment briefing has concluded, the Court will set a hearing on the Motions for Summary Judgment upon the parties’ request, or issue a ruling on the briefs.

The Defendants’ counterclaims against all of the original Plaintiffs are still pending. The counterclaims are not affected by the withdrawal of Plaintiffs Marikate Morris, Paul Morris and Kapza, Inc., or by the dismissal of the claims by Henry Villasenor, Brenda Villasenor and H&B Villasenor Investments, Inc. and thus remain viable. 

Although there can be no assurance regarding the outcome of litigation, the company believes that it has strong and meritorious legal and factual defenses to these claims, viable counter claims against the Plaintiffs and will vigorously defend its interests in this case.

The statements contained above in this press release concerning the company’s future revenues, profitability, financial resources, market demand and product development are forward-looking statements (as such term is defined in the Private Securities Litigation Reform Act of 1995) relating to the company that are based on the beliefs of the management of the company, as well as assumptions and estimates made by and information currently available to the company’s management. The company’s actual results in the future may differ materially from those projected in the forward-looking statements due to risks and uncertainties that exist in the company’s operations and business environment, including, but not limited to, competitive factors and pricing pressures, the current litigation with certain former traditional franchisees, shifts in market demand, general economic conditions and other factors including, but not limited to, changes in demand for the company’s products or franchises, the success or failure of individual franchisees, the impact of competitors’ actions and changes in prices or supplies of food ingredients and labor as well as the factors discussed under “Risk Factors” in the company’s annual report on Form 10-K for the year-ended December 31, 2009. Should one or more of these risks or uncertainties materialize, or should underlying assumptions or estimates prove incorrect, actual results may vary materially from those described herein as anticipated, believed, estimated, expected or intended.

Noble Roman’s, Inc. and Subsidiaries
Condensed Consolidated Balance Sheets
(Unaudited)
 
     
 Assets December 31,
 2009
 June 30,
 2010
Current assets:    
 Cash $ 333,204 $ 241,735
 Accounts and notes receivable – net 1,343,500 1,601,098
 Inventories 239,006 225,016
 Assets held for resale 243,527 243,582
 Prepaid expenses 241,852 454,699
 Deferred tax asset – current portion 1,050,500 1,050,500
 Total current assets 3,451,589 3,816,630
     
Property and equipment:    
 Equipment 1,133,312 1,135,849
 Leasehold improvements  96,512  96,512
  1,229,824 1,232,361
 Less accumulated depreciation and amortization  790,134  824,253
 Net property and equipment 439,690 408,108
Deferred tax asset (net of current portion) 10,703,594 10,227,185
Other assets including long-term portion of notes receivable 2,087,644 2,619,905
 Total assets  $ 16,682,517 $ 17,071,828
     
Liabilities and Stockholders’ Equity    
Current liabilities:    
 Current portion of long-term note payable $ 1,500,000 $ 1,500,000
 Accounts payable and accrued expenses  434,665  871,317
 Total current liabilities 1,934,666 2,371,317
     
Long-term obligations:    
 Note payable to bank (net of current portion) 4,125,000 3,375,000
 Total long-term liabilities 4,125,000 3,375,000
     
Stockholders’ equity:    
 Common stock – no par value (25,000,000 shares authorized, 19,412,499
 issued and outstanding as of December 31, 2009 and June 30, 2010)
 
23,074,160
 
23,091,527
 Preferred stock (5,000,000 shares authorized and 20,625 issued and
 outstanding as of December 31, 2009 and June 30, 2010)
 
800,250
 
800,250
 Accumulated deficit (13,251,559) (12,566,266)
 Total stockholders’ equity  10,622,851  11,325,511
 Total liabilities and stockholders’ equity $ 16,682,517 $ 17,071,828
 
 
Noble Roman’s, Inc. and Subsidiaries
Condensed Consolidated Statements of Operations
(Unaudited)
         
  Three Months Ended Six Months Ended
  June 30, June 30,
  2009 2010 2009 2010
Royalties and fees $ 1,739,821 $ 1,678,775 $ 3,499,434 $ 3,314,431
Administrative fees and other 24,993 14,458 37,555 20,708
Restaurant revenue 138,742  139,081 257,635  252,307
 Total revenue 1,903,556 1,832,314 3,794,624 3,587,446
         
Operating expenses:        
 Salaries and wages 269,581 245,129 543,730 485,516
 Trade show expense 76,611 75,703 152,228 150,841
 Travel expense 33,601 36,764 78,133 73,003
 Sales commissions 3,627
 Other operating expenses 196,314 176,043 388,263 366,558
 Restaurant expenses 132,802 135,495 250,825 247,244
Depreciation and amortization 20,561 13,645 39,899 28,219
General and administrative  369,357  414,973  722,759  809,776
 Total expenses 1,098,827 1,097,751 2,179,464 2,161,157
 Operating income 804,729 734,563 1,615,160 1,426,289
         
Interest and other expense  117,141  114,141  237,456  223,541
 Income before income taxes 687,588 620,422 1,377,704 1,202,748
         
Income tax expense  272,354  245,749  545,709  476,409
 Net income 415,234 374,673 831,995 726,339
         
 Cumulative preferred dividends  16,274  24,411  32,910  41,046
         
 Net income available to common
 stockholders
 
$ 398,960
 
$ 350,262
 
$ 799,085
 
$ 685,293
         
         
Earnings per share – basic:        
 Net income  $ .02 $ .02 $ .04  $ .04 
 Net income available to common stockholders $ .02 $ .02 $ .04  $ .04 
Weighted average number of common shares
 outstanding
 
19,412,499
 
19,412,499
 
19,412,499
 
19,412,499
         
         
Diluted earnings per share:        
 Net income $ .02 $ .02 $ .04  $ .04
Weighted average number of common shares
 outstanding
 
19,909,365
 
20,065,298
 
19,909,365
 
20,065,298

Uno Chicago Grill will celebrate the grand re-opening of its Warwick Commons location on Wednesday, August 11, after historic floods devastated the area this past March.  To show its support for this hard-hit community, UNO will offer a 10 percent discount on all entrees for the first month, now through September 12.  

“With more than 10,000 homes in Rhode Island suffering damage, 240 companies closing, and almost 4,900 people losing their jobs, the magnitude of this flood is just horrific.  Many businesses in the area are still closed.  We feel fortunate that we are able to open at this time, and we want to do a little something extra to show support for the community that has supported us for the past twenty-four years,” said UNO President and CEO Frank Guidara.

UNO is among the first retail locations to re-emerge after driving rains and overflowing rivers caused it to shut down.  ”The damage was extreme,” said Duncan Chan, managing partner, UNO and resident of Cranston.  ”We had to gut the restaurant down to the studs and rebuild, but we’re coming back better, and greener, than ever!”

The result is a brand-new UNO that is the first location to incorporate the latest elements of the brand’s new “way deeper” look and feel.  Among the changes will be a completely redesigned space with a Wood Stone™ oven, featuring a terracotta brick interior, that will bake UNO’s thin-crust pizzas made with an all-natural, hand-formed crust available in a choice of traditional or five grain.  

Guests will also be able to enjoy a spacious new lounge area featuring a huge Matrix flat screen TV, which is perfect for game nights (as well as any other night!).  Food lovers will truly enjoy the new open-view kitchen that lets diners watch the chefs prepare UNO’s signature deep dish pizzas, along with a variety of exciting new dishes.  

The lounge and dining room each have a “networking nook,” which is an intimate dining space with a private television.  Guests can watch the game or whatever they might enjoy on the television, or can plug a laptop directly into it via a USB port for business presentations or slide shows of the latest family vacation.  In addition, the restaurant will provide wireless Internet for guest use.

The new UNO is also the company’s “greenest” restaurant yet.  In addition to using low VOC (volatile organic compound) paint, the new restaurant features compact fluorescent and LED lighting which is significantly more energy efficient.  The building now has an on-demand water heating system (which is 90 percent more efficient than a tank-based system), hands-free restrooms, dual-flush toilets and waterless urinals, which are estimated to save 40,000 gallons of water per year.  

Materials used include recycled and refurbished wood tables and recycled flooring materials.  The new bar is made from American-grown mahogany, and the new pizza ovens run on 30 percent less gas; all resulting in a lower carbon footprint for the restaurant.

The new look and menu items are among a series of changes UNO is incorporating as part of an overall strategy to evolve as the world evolves.

“Our brand has a strong presence in New England, and we felt it was particularly important to maintain and enhance our location in Warwick,” said Guidara.  ”Rebuilding this restaurant and being among the first to recreate jobs, 112 to be exact, in this hard-hit area is very important to us.  It illustrates UNO’s commitment to the local community, as well as our desire to work side-by-side with our neighbors to rebuild and set a path for future growth and development.”

About UNO

Based in Boston, Massachusetts, Uno Restaurant Holdings Corporation includes 161 company-owned and franchised restaurants located in 24 states, the District of Columbia, Puerto Rico, South Korea, the United Arab Emirates, Honduras, Kuwait and Saudi Arabia. The Company also operates a fast casual concept called Uno Due Go, a quick service concept called Uno Express and a consumer packaged foods business which supplies airlines, movie theatres, hotels, airports, travel plazas, schools and supermarkets with both frozen and refrigerated private-label foods and Uno branded products. For more information, visit www.unos.com.

Domino’s Pizza is once again delivering in unexpected ways, giving Facebook users the power to choose the company’s next “Extreme Delivery.” Now through August 30, customers have a chance to vote on what they think is the most extreme method to deliver a Domino’s Pizza.

“Domino’s has made many unique and surprising moves in the last year, reconnecting with our consumers and fans in new ways,” said Chris Brandon, Domino’s Pizza spokesperson. “This is really an extension of just that – and our most recent way of answering the question ‘Did Domino’s really do that?’ with a resounding ‘Oh Yes We Did!’”

Facebook users who visit www.facebook.com/dominos can vote on one of the following extreme delivery options:

  • The first weightless pizza delivery in a zero gravity airplane
  • A high-wire delivery by daredevil Jade Kindar-Martin
  • Dan “SpiderDan” Goodwin climbing the Campanile Tower at The Venetian® Resort-Hotel-Casino in Las Vegas
  • Hitting terminal velocity with a skydiving delivery
  • Plunging to earth with BASE jumpers at Bridge Day 2010

Those who log onto Facebook to vote can also enter to win a $1,000 Domino’s Pizza gift card. To enter and see official rules and details of the contest, visit www.facebook.com/dominos.  Domino’s will execute the delivery that is crowned “Most Extreme” later this year.

Consumers can visit the extreme delivery poll directly at http://bit.ly/dpz_Xtreme.

Last year, Domino’s delivered Chocolate Lava Crunch Cakes to tourists enjoying the breathtaking views at Mount St. Helens. Because no Domino’s store delivered to the spot, Domino’s hired a helicopter to make it a truly extreme delivery. Domino’s fans can view video of this feat at http://bit.ly/dpz_lava.

No purchase necessary. Open to legal residents of the 48 contiguous U.S. & DC, 18 years and older.  Void in AK, HI and where prohibited.  Sweepstakes begins on 8/9/10 and ends 8/30/10. To Enter and for Official Rules and complete details, visit http://www.facebook.com/dominos.  

Consumers can learn more about The Venetian® Resort-Hotel-Casino in Las Vegas at www.venetian.com.

About Domino’s Pizza®

Founded in 1960, Domino’s Pizza is the recognized world leader in pizza delivery. Domino’s is listed on the NYSE under the symbol “DPZ.” Through its primarily locally-owned and operated franchised system, Domino’s operates a network of 9,097 franchised and Company-owned stores in the United States and over 60 international markets. The Domino’s Pizza® brand, named a Megabrand by Advertising Age magazine, had global retail sales of over $5.6 billion in 2009, comprised of nearly $3.1 billion domestically and over $2.5 billion internationally. During the second quarter of 2010, the Domino’s Pizza® brand had global retail sales of nearly $1.4 billion, comprised of approximately $755 million domestically and over $645 million internationally. In June 2010, Pizza Today, the leading publication of the pizza industry, named Domino’s its “Chain of the Year” – making the company a two-time winner of the honor, which they previously received in 2003. Domino’s has expanded its menu significantly since 2008 to include Oven Baked Sandwiches and BreadBowl Pasta(TM), and in 2009 debuted its ‘Inspired New Pizza’ – a permanent change to its core hand-tossed product, reinvented from the crust up with new sauce, cheese and garlic seasoned crust.

Order – www.dominos.com

Mobile – http://mobile.dominos.com

Info – www.dominosbiz.com

Twitter – http://twitter.com/dominos

Facebook – http://www.facebook.com/Dominos

Today, Pizza Hut is announcing a promotion with location-based service foursquare, becoming one of the first pizza chains to launch a national promotion with foursquare in the United States.  The promotion rewards the “Mayor” of each restaurant with a free single order of breadsticks with the purchase of a large pizza.  

The deal begins tomorrow and is currently planned to run through the end of the year.  The “Mayor” of each Pizza Hut location on foursquare must show on their phone that they are the “Mayor” in order to receive the special.  This offer is only valid for Dine-in and Carry Out orders placed at the restaurant.  The “Mayor” special can only be redeemed once a day at each participating location, and there can only be one “Mayor” per restaurant per day.

“Through past experience, we’ve learned that our customers are spending a considerable amount of time using social media and mobile tools, increasingly incorporating them into their daily lives,” said Brian Niccol, Chief Marketing Officer at Pizza Hut.  ”We see this promotion with foursquare as a win-win situation – loyal, digital-savvy customers will be able to take advantage of a fun promo, while we hope to see a bump in repeat traffic from Mayors looking to take advantage of this offer.”  

“We love to see QSRs using the foursquare platform to reward loyal patrons and bring in new customers,” said Tristan Walker, Director of Business Development for foursquare. “We’re very excited that Pizza Hut will be reaching out to their customers through foursquare on such a large scale.”

Over the past decade, Pizza Hut has surprised and delighted fans by continuing to expand their menu of digital offerings, emerging as a leader in the digital space.  In October 2008, Pizza Hut launched a Facebook ordering application, where customers could place orders without leaving the Facebook interface, and last July, Pizza Hut became the first national restaurant chain to launch an iPhone ordering app, an award-winning service that led to approximately $1 million in sales in three months.  

For more information on Pizza Hut, visit PizzaHut.com or interact with Pizza Hut at facebook.com/pizzahut and twitter.com/pizzahut.  And “Mayors,” we’ll see you at Pizza Hut!

About Pizza Hut

Pizza Hut, America’s Favorite Pizza, delivers more pizza, pasta and wings than any other restaurant. The only pizza company to be named a top ten franchise in 2009 by Entrepreneur Magazine, Pizza Hut began 50 years ago in Wichita, Kansas and today operates nearly 10,000 restaurants in more than 90 countries. Pizza Hut, Inc. is a subsidiary of Yum! Brands, Inc. (NYSE: YUM). To check out what’s new at Pizza Hut visit pizzahut.com.

About foursquare 

Founded in 2009, foursquare creates mobile phone applications that are designed to make cities easier to use and more interesting to explore. Foursquare combines friend finder functionality, social city guide elements, and game mechanics to reward people for seeking out new experiences. Visit http://foursquare.com for more information.

NPC International, Inc. (the “Company”), today reported results for its second fiscal quarter ended June 29, 2010.

SECOND QUARTER HIGHLIGHTS:

  • Comparable store sales increased 10.4% rolling over a decrease of -12.6% last year.
  • Free Cash Flow (reconciliation attached) of $14.1MM was $7.8MM or 125% greater than last year.
  • Adjusted EBITDA (reconciliation attached) of $25.7MM was comparable with last year.
  • Net income of $5.1MM was $1.8MM or 53% greater than last year.
  • Cash balances increased to $26.8MM from $12.7MM last quarter and debt remained unchanged.

YEAR-TO-DATE HIGHLIGHTS:

  • Comparable store sales from continuing operations increased 10.3% rolling over a decrease of -8.8% last year.
  • Free Cash Flow (reconciliation attached) of $41.4MM was $16.4MM or 66% greater than last year.
  • Adjusted EBITDA from continuing operations (reconciliation attached) of $58.1MM increased by $2.6MM or 5% from last year.
  • Income from continuing operations of $14.6MM was $5.2MM or 55% greater than last year.
  • Debt has been reduced by $31.3MM and cash balances have increased by $12.1MM from last fiscal year end.
  • Our leverage ratio declined to 4.11X Consolidated EBITDA, as defined in our Credit Agreement, from 4.51X at last fiscal year end, compared to our existing maximum leverage covenant of 4.75X. Including the benefit of excess cash balances of $22.8MM, our leverage ratio would have improved to 3.88X.

The Company’s second quarter financial statements and Management’s Discussion and Analysis of Financial Condition and Results of Operations are set forth in the Company’s Form 10-Q for the fiscal quarter ended June 29, 2010 which can be accessed at www.sec.gov.

NPC’s President and CEO Jim Schwartz said, “We maintained the exceptional sales momentum that we experienced in the first quarter this year with comparable store sales growth of 10.4% during our second quarter on the strength of our $10 Any Pizza promotion.

This promotion has resonated strongly with the consumer due in large part to the clarity of the message and the great value that it delivers to the consumer on their favorite abundantly topped Pizza Hut pizzas.

Our operators did an excellent job of controlling the business this quarter while confronting significant traffic increases and higher food costs associated with the lower selling price that accompanies the $10 Any Pizza promotion. The results of these efforts are reflected in lower labor costs versus last year, despite the July 2009 minimum wage increase, and excellent cost controls in the other restaurant operating expense category.

We are pleased to report that our free cash flow generation has remained strong during the first half of fiscal 2010 at $41.4MM, an increase of $16.4MM or 66% over last year. As a result, we have increased our cash balances by over $12 million from last fiscal year end while reducing debt by $31.3 million and improving our leverage ratio from 4.51X to 4.11X. Including the benefit of our excess cash balances our leverage position at the end of the second quarter would have been 3.88X.

The pizza segment has led the restaurant category in terms of category share of traffic growth as the consumer has found great value in the pizza segment. One of our on-going challenges will be balancing our value proposition with our cost structure, in a way that drives value and enhances profitability. However, we are pleased with the results to date and we look forward to sharing our progress with you as fiscal 2010 plays out.”

CONFERENCE CALL INFORMATION:

The Company’s second quarter earnings conference call will be held Monday, August 9, 2010 at 9:30 am CDT. You can access this call by dialing 866-510-0712. The international number is 617-597-5380. The access code for the call is 72484555.

Go to www.npcinternational.com and click on the Thomson Financial logo in the investor information section or go to www.earnings.com.

For those unable to participate live, a replay of the call will be available until August 16, 2010 by dialing 888-286-8010 or by dialing international at 617-801-6888. The access code for the replay is 92746130.

A replay of the call will also be available at the Company’s website at www.npcinternational.com.

NPC International, Inc. is the world’s largest Pizza Hut franchisee and currently operates 1,143 Pizza Hut restaurants and delivery units in 28 states.

For more complete information regarding the Company’s financial position and results of operations, investors are encouraged to review the Company’s quarterly financial statements and Management’s Discussion and Analysis of Financial Condition and Results of Operations, incorporated into the Company’s Form 10-Q which can be accessed at www.sec.gov.

“Safe Harbor” Statement under the Private Securities Litigation Reform Act of 1995

Certain statements contained in this news release that do not relate to historical or current facts constitute forward-looking statements. These include statements regarding our plans and expectations. Forward-looking statements are subject to inherent risks and uncertainties and there can be no assurance that such statements will prove to be correct. NPC’s actual results may vary materially from those anticipated in such forward-looking statements as a result of a number of factors, including lower than anticipated consumer discretionary spending; continued deterioration in general economic conditions; competition in the quick service restaurant market; adverse changes in food, labor and other costs; price inflation or deflation; and other factors. These risks and other risks are described in NPC’s filings with the Securities and Exchange Commission, including NPC’s Annual Reports on Form 10-K, Quarterly Reports on Form 10-Q and Current Reports on Form 8-K. Copies of these filings may be obtained by contacting NPC. All forward-looking statements made in this news release are made as of the date hereof. NPC does not intend to update these forward-looking statements and undertakes no duty to any person to provide any such update under any circumstances. Investors are cautioned not to place undue reliance on any forward-looking statements.

 
NPC INTERNATIONAL, INC.Consolidated Statements of Income

(Dollars in thousands)

(Unaudited)

                 
    13 Weeks   13 Weeks
    Ended   Ended
    June 29, 2010   June 30, 2009
                 
Net product sales   $ 235,955     100.0 %   $ 214,336     100.0 %
Fees and other income (1)     10,841     4.6 %     9,477     4.4 %
Total sales     246,796     104.6 %     223,813     104.4 %
Comparable store sales (net product sales only)     10.4 %         -12.6 %    
                 
Cost of sales (2)     71,919     30.5 %     57,421     26.8 %
Direct labor (3)     70,787     30.0 %     65,304     30.5 %
Other restaurant operating expenses (4)     74,578     31.6 %     73,807     34.4 %
General and administrative expenses     12,298     5.2 %     12,092     5.6 %
Corporate depreciation and amortization of intangibles     2,837     1.2 %     2,933     1.3 %
Other     426     0.2 %     123     0.1 %
Total costs and expenses     232,845     98.7 %     211,680     98.7 %
Operating income     13,951     5.9 %     12,133     5.7 %
                 
Interest expense (5)     (7,349 )   -3.1 %     (7,819 )   -3.7 %
Income before income taxes     6,602     2.8 %     4,314     2.0 %
Income tax expense     1,482     0.6 %     957     0.4 %
                 
Net income   $ 5,120     2.2 %   $ 3,357     1.6 %
                 
Percentages are shown as a percent of net product sales.                
                 
Capital Expenditures   $ 4,718         $ 7,552      
Cash Rent Expense   $ 12,665         $ 12,507      
                         
NPC INTERNATIONAL, INC.Consolidated Statements of Income

(Dollars in thousands)

(Unaudited)

     
    26 Weeks   26 Weeks
    Ended   Ended
    June 29, 2010   June 30, 2009
                 
Net product sales   $ 488,584   100.0%   $ 436,696   100.0%
Fees and other income (1)   22,668   4.6%   19,458   4.5%
Total sales   511,252   104.6%   456,154   104.5%
Comparable store sales (net product sales only)   10.3%       -8.8%    
                 
Cost of sales (2)   147,890   30.3%   116,951   26.8%
Direct labor (3)   145,674   29.8%   131,729   30.2%
Other restaurant operating expenses (4)   152,569   31.2%   147,963   33.9%
General and administrative expenses   24,444   5.0%   24,770   5.7%
Corporate depreciation and amortization of intangibles   5,676   1.2%   5,855   1.3%
Other   786   0.1%   765   0.2%
Total costs and expenses   477,039   97.6%   428,033   98.1%
Operating income   34,213   7.0%   28,121   6.4%
                 
Interest expense (5)   (14,874)   -3.0%   (15,743)   -3.6%
Income before income taxes   19,339   4.0%   12,378   2.8%
Income tax expense   4,759   1.0%   2,999   0.7%
                 
Income from continuing operations   14,580   3.0%   9,379   2.1%
Loss from discontinued operations   -   0.0%   (59)   0.0%
Net income   $ 14,580   3.0%   $ 9,320   2.1%
                 
Percentages are shown as a percent of net product sales.                
                 
Capital Expenditures   $ 8,643       $ 14,755    
Cash Rent Expense   $ 25,538       $ 24,950    
                 
(1)   Fees and other income increased due to increased delivery transactions.
(2)   Cost of sales, as a percentage of net product sales, increased primarily due to lower net pricing associated with the $10 Any Pizza promotion.
(3)   Direct labor, as a percentage of net product sales, decreased largely due to the benefit of sales leverage on fixed and semi-fixed costs, which more than offset the effect of the July 2009 minimum wage increase.
(4)   Other restaurant operating expenses, as a percentage of net product sales, decreased largely due to the benefit of sales leverage on fixed and semi-fixed costs.
(5)   Interest expense declined primarily due to lower average debt levels than the prior year.
     
Note: The explanations above are abbreviated disclosures. For complete disclosure see Management’s Discussion and Analysis in our Form 10-Q filed with the SEC.
 
NPC INTERNATIONAL, INC.Condensed Consolidated Balance Sheets

(Dollars in thousands)

(Unaudited)

         
    June 29, 2010   December 29, 2009
Assets        
Current assets:        
Cash and cash equivalents   $ 26,814   $ 14,669
Other current assets     20,645     22,845
Total current assets     47,459     37,514
         
Facilities and equipment, net     152,859     164,413
Franchise rights, net     404,001     408,714
Other noncurrent assets     217,230     218,683
Total assets   $ 821,549   $ 829,324
Liabilities and Stockholders’ Equity        
Current liabilities:        
Current portion of debt   $ 1,190   $ 31,340
Other current liabilities     85,075     74,412
Total current liabilities     86,265     105,752
         
Long-term debt, less current portion     401,180     402,370
Other noncurrent liabilities     159,756     162,627
Total liabilities     647,201     670,749
Stockholders’ equity     174,348     158,575
Total liabilities and stockholders’ equity   $ 821,549   $ 829,324
             
NPC INTERNATIONAL, INC.Condensed Consolidated Statements of Cash Flows

(Dollars in thousands)

(Unaudited)

         
    26 weeks Ended
    June 29, 2010   June 30, 2009
Operating activities        
Net income   $ 14,580     $ 9,320  
Adjustments to reconcile net income to cash provided by operating activities:        
Depreciation and amortization     22,523       25,995  
Amortization of debt issue costs     1,285       997  
Deferred income taxes     (282 )     480  
Other adjustments     773       353  
Changes in assets and liabilities, excluding acquisitions:        
Assets     (302 )     584  
Liabilities     11,496       2,002  
Net cash provided by operating activities     50,073       39,731  
Investing activities        
Capital expenditures     (8,643 )     (14,755 )
Net proceeds from sale of units     -       19,463  
Purchase of business assets, net of cash acquired     -       (32,968 )
Proceeds from sale or disposition of assets     2,081       640  
Net cash used in investing activities     (6,562 )     (27,620 )
Financing activities        
Net borrowings under revolving credit facility     -       2,000  
Payments on term bank facilities     (31,340 )     (17,094 )
Proceeds from sale-leaseback transactions     -       3,793  
Other     (26 )     (21 )
Net cash used in financing activities     (31,366 )     (11,322 )
Net change in cash and cash equivalents     12,145       789  
Beginning cash and cash equivalents     14,669       5,327  
Ending cash and cash equivalents   $ 26,814     $ 6,116  
                 
NPC INTERNATIONAL, INC.Reconciliation of Non-GAAP Financial Measures

(in thousands)

(Unaudited)

 
    13 Weeks Ended   26 Weeks Ended
    June 29, 2010   June 30, 2009   June 29, 2010   June 30, 2009
Adjusted EBITDA:                
Net income from continuing operations   $ 5,120     $ 3,357     $ 14,580     $ 9,379  
Adjustments:                
Interest expense     7,349       7,819       14,874       15,743  
Income tax expense     1,482       957       4,759       2,999  
Depreciation and amortization     11,100       13,031       22,523       25,985  
Net facility impairment charges     437       100       844       251  
Pre-opening expenses and other     224       362       508       1,086  
Adjusted EBITDA from continuing operations     25,712       25,626       58,088       55,443  
Adjusted EBITDA from discontinued operations     -       -       -       142  
Adjusted EBITDA (1)   $ 25,712     $ 25,626     $ 58,088     $ 55,585  
                 
Free Cash Flow:                
Net cash provided by operating activities   $ 18,792     $ 13,817     $ 50,073     $ 39,731  
Less:                
Capital expenditures     (4,718 )     (7,552 )     (8,643 )     (14,755 )
Free Cash Flow (2)   $ 14,074     $ 6,265     $ 41,430     $ 24,976  
                                 
Unit Count Activity
 
    26 Weeks Ended
    June 29, 2010   June 30, 2009
         
Beginning of period   1,149     1,098  
Developed   -     3  
Acquired   -     105  
Closed   (4 )   (11 )
Sold   -     (42 )
End of period   1,145     1,153  
         
Equivalent units, continuing operations(3)   1,146     1,141  
 

(1) The Company defines Adjusted EBITDA as consolidated net income plus interest, income taxes, depreciation and amortization, facility impairment charges and pre-opening expenses. The Company has substantial interest expense relating to the financing of the acquisition of us in 2006 and substantial depreciation and amortization expense relating to the acquisition of us in 2006 and to our acquisition of units in recent years. Management believes the elimination of these items, as well as taxes, pre-opening and other expenses and facility impairment charges give investors useful information to compare the performance of our core operations over different periods. Adjusted EBITDA is not a measure of financial performance under generally accepted accounting principles. Adjusted EBITDA has limitations as an analytical tool, and should not be considered in isolation from, or as a substitute for analysis of, the Company’s financial information reported under generally accepted accounting principles. Adjusted EBITDA, as defined above, may not be similar to EBITDA measures of other companies. The Company has included Adjusted EBITDA as a supplemental disclosure because management believes that Adjusted EBITDA provides investors a helpful measure for comparing the Company’s operating performance with the performance of other companies that have different financing and capital structures or tax rates.

(2) The Company defines Free Cash Flow as cash flows from operations less capital expenditures. Management believes that the free cash flow measure is important to investors to provide a measure of how much cash flow is available, after current changes in working capital and acquisition of property and equipment, to be used for working capital needs or for strategic opportunities, including servicing debt, making acquisitions, and making investments in the business. It should not be inferred that the entire Free Cash Flow amount is available for discretionary expenditures.

(3) Equivalent units represent the number of units open at the beginning of a given period, adjusted for units opened, closed, acquired or sold during the period on a weighted average basis.

Papa John’s International, Inc. (NASDAQ: PZZA) today announced the appointment of Tom Sterrett to Senior Vice President, International. Sterrett will be responsible for overseeing all aspects of the company’s international operations, consisting of more than 700 restaurants in 28 countries.

Sterrett has been with Papa John’s for more than 15 years serving in a variety of operations roles, most recently as Papa John’s Division Vice President for the South division since 2008 where he helped lead the division to record sales and profits.

“Tom is an extremely talented operator, with tremendous operations experience, and we are pleased to have him lead our growing international business,” said Jude Thompson, Papa John’s president and co-CEO. “Tom knows what it takes to run successful Papa John’s restaurants, markets and franchises. With a very solid international leadership and support team already in place, I am confident that our international business will thrive under his leadership.”

From 2007 to 2008, Sterrett was Papa John’s Division Vice President for the Midwest, Papa John’s largest division, and from 2005 to 2007, served as Operations Vice President for the Midwest. Prior to his time with Papa John’s, Sterrett spent 11 years in Domino’s system, both as an employee and a franchisee.

“As our international business continues to gain momentum, our goal is to consistently make and deliver the same quality pizza around the world as we do in the US,” said Thompson. “Tom has done an outstanding job on the domestic side of our business, and has proven he is committed to profitable sales and growth. I look forward to working with him as he replicates our domestic success in markets throughout the world.”

Headquartered in Louisville, Kentucky, Papa John’s is the world’s third largest pizza company. For ten of the last eleven years, consumers have rated Papa John’s No. 1 in customer satisfaction among all national pizza chains in the American Customer Satisfaction Index (ACSI). Papa John’s also was honored by Restaurants & Institutions Magazine (R&I) with the 2009 Gold Award for Consumers’ Choice in Chains in the pizza segment and was named 2007 Pizza Today Chain of the Year. For more information about the company or to order pizza online, visit Papa John’s at www.papajohns.com.

CEC Entertainment, Inc. has announced the appointment of Tiffany B. Kice to the position of Executive Vice President, Chief Financial Officer and Treasurer, effective August 16, 2010.

Tiffany Kice, a Certified Public Accountant, has over 22 years of accounting and retail experience, including spending the past 14 years in public accounting with KPMG LLP where she has served as an Audit Partner since 2006. During her tenure at KPMG, Ms. Kice performed financial statement audits, audits of internal controls, and other related services for several large public companies, including a significant number of multi-location companies in the restaurant and retail industries.

CEC Entertainment, Inc. President and CEO Michael H. Magusiak said, “The Board and I are pleased that we have been able to attract a CFO candidate with Tiffany’s qualifications and believe her extensive experience across several consumer-related industries will benefit the Company and its shareholders in the years ahead. Tiffany brings with her a deep understanding of accounting matters, management experience and executive leadership that represent a tremendous asset for CEC.”

Ms. Kice stated that “CEC is one of the most recognized and successful brand names in the industry and I am honored to be joining this organization as CFO. I see this as a tremendous opportunity and I am excited to be joining a company with such a long history of success in serving families with young children. I look forward to being a part of CEC’s executive leadership team and working to ensure its future growth.”

About CEC Entertainment, Inc.

Celebrating over 30 years of success as a place Where a Kid can be a Kid(R), CEC Entertainment, Inc. is a nationally recognized leader in family dining and entertainment. Chuck E. Cheese’s stores feature musical and comic entertainment by robotic and animated characters, arcade-style and skill oriented games, video games, rides and other activities intended to appeal to families with children between the ages of two and 12 and offers a variety of pizzas, sandwiches, appetizers, a salad bar and desserts. The Company and its franchisees operate a system of 546 Chuck E. Cheese’s stores located in 48 states (excluding Wyoming and Vermont) and six foreign countries or territories. Currently, 500 locations in the United States and Canada are owned and operated by the Company. For more information, see the Company’s website at www.chuckecheese.com.

Forward-Looking Statements

Certain statements in this press release, other than historical information, may be considered “forward-looking statements” within the meaning of the “safe harbor” provisions of the Private Securities Litigation Reform Act of 1995, and are subject to various risks, uncertainties and assumptions. Statements that are not historical in nature, and which may be identified by the use of words such as “may,” “should,” “could,” “believe,” “predict,” “potential,” “continue,” “plan,” “intend,” “expect,” “anticipate,” “future,” “project,” “estimate” and similar expressions (or the negative of such expressions) are forward-looking statements. Forward-looking statements are made based on management’s current expectations and beliefs concerning future events and, therefore, involve a number of assumptions, risks and uncertainties, including the risk factors described in Item 1A “Risk Factors” of the Company’s Annual Report on Form 10-K for the fiscal year ended January 3, 2010. Should one or more of these risks or uncertainties materialize, or should underlying assumptions prove incorrect, actual results may differ from those anticipated, estimated or expected.

Factors that could cause actual results to differ materially from those contemplated by forward-looking statements include, but are not limited to:

  • Changes in consumer discretionary spending and general economic conditions;
  • Disruptions in the financial markets affecting the availability and cost of credit and our ability to maintain adequate insurance coverage;
  • Our ability to successfully implement our business development strategies;
  • Costs incurred in connection with our business development strategies;
  • Competition in both the restaurant and entertainment industries;
  • Loss of certain key personnel;
  • Increases in food, labor and other operating costs;
  • Changes in consumers’ health, nutrition and dietary preferences;
  • Negative publicity concerning food quality, health, safety and other issues;
  • Continued existence or occurrence of certain public health issues;
  • Disruption of our commodity distribution system;
  • Our dependence on a few global providers for the procurement of games and rides;
  • Adverse affects of local conditions, events and natural disasters;
  • Fluctuations in our quarterly results of operations due to seasonality;
  • Conditions in foreign markets;
  • Risks in connection with owning and leasing real estate;
  • Our ability to adequately protect our trademarks or other proprietary rights;
  • Government regulations, litigation, product liability claims and product recalls;
  • Disruptions of our information technology systems;
  • Application of and changes in generally accepted accounting principles; and
  • Failure to establish, maintain and apply adequate internal control over financial reporting.

The forward-looking statements made in this press release relate only to events as of the date on which the statements were made. Except as may be required by law, the Company undertakes no obligation to update its forward-looking statements to reflect events and circumstances after the date on which the statements were made or to reflect the occurrence of unanticipated events.

CEC Entertainment, Inc. (NYSE: CEC) today announced its financial results for the second quarter ended July 4, 2010. Total quarterly revenues decreased 2.1% to $181.0 million during the second quarter of 2010 from total quarterly revenues of $184.8 million in the second quarter of 2009. Second quarter 2010 comparable store sales on a same calendar week basis (comparing weeks 14 through 26 of fiscal year 2010 to weeks 15 through 27 of fiscal year 2009) decreased 2.2%.

Net earnings for the second quarter ended July 4, 2010, were $4.8 million compared to net earnings of $9.0 million in the second quarter of 2009. Diluted earnings per share decreased to $0.22 for the second quarter of 2010, compared to $0.39 in the second quarter of 2009. A tax adjustment was recorded during the second quarter of 2010 that unfavorably impacted diluted earnings per share by $0.13. Diluted earnings per share between the two quarters was impacted by the Company’s repurchase of approximately 2.7 million shares of its common stock since the beginning of the second quarter of 2009.

For the first six months of 2010, total revenues decreased 1.3% to $427.3 million compared to total revenues of $432.9 million in the first six months of 2009. Comparable store sales for the first six months of 2010 on a same calendar week basis (comparing weeks 1 through 26 of fiscal year 2010 to weeks 2 through 27 of fiscal year 2009) decreased 0.5%. Total reported revenues for the first six months of 2010 were impacted by one additional operating week in the Company’s 2009 fiscal year which caused the seasonally strong first week of the 2010 calendar year to shift into the fourth fiscal quarter of 2009 instead of in the first fiscal quarter of 2010.

Net earnings for the first six months of 2010 were $38.6 million compared to net earnings of $43.0 million in the first six months of 2009. Diluted earnings per share decreased to $1.77 for the first six months of 2010, compared to $1.86 in the first six months of 2009, and was impacted by the $0.13 tax adjustment recorded during the second quarter of 2010. Diluted earnings per share between the two periods was also impacted by the Company’s repurchase of approximately 2.7 million shares of its common stock since the beginning of the first quarter of 2009.

Michael Magusiak, President and Chief Executive Officer, stated that, “I am very disappointed with the 2.2% decrease in same week comparable store sales during the second quarter. I believe there were a number of factors that accounted for our weak sales performance, including the reduction of discounts in many of our coupon offers, an economic slowdown in June, and very strong box office receipts for kids’ and family movies. Certain coupon strategies have already been modified in July. In addition, on July 17, we began airing a national television commercial featuring a $9.99 summer special large cheese pizza. I believe that the modification of some of these sales strategies in July has contributed to a same week comparable sales increase of 2.1% during the first four weeks of the third quarter.”

Magusiak further stated, “Considering the current economic environment with unemployment rates near 10%, I remain cautious about our sales outlook. However, despite my disappointment in the second quarter, we have a solid strategic plan and a business that continues to generate significant free cash flow. We intend to execute our sales and growth strategies, including the enhancement of our coupon offers, and expect positive comparable store sales in the second half of 2010.”

Business Outlook:

Based on its current estimates, the Company is projecting fiscal year 2010 diluted earnings per share to be in a range of $2.52 to $2.62. This guidance incorporates the following assumptions:

  • comparable store sales for the last six months of the year, on a calendar week basis, flat to up 2.0%;
  • eight additional Company-owned stores, including two franchise acquisitions, during the last six months of the year;
  • average cheddar block prices in a range of $1.57 to $1.65 per pound for the second half of 2010;
  • fiscal year 2010 depreciation and rent expense will grow 4% and 3%, respectively;
  • fiscal year 2010 advertising expense as a percentage of total revenue will decrease approximately 0.2 percentage points;
  • effective tax rate of approximately 38.0% for the second half of 2010;
  • total fiscal year 2010 capital expenditures will range from $100.0 million to $103.0 million;
  • intent to repurchase Company common stock on an opportunistic basis.

Second Quarter 2010 Conference Call:

The Company will host a conference call Thursday, August 5, 2010, at 3:30 p.m. Central Time to discuss its second quarter 2010 financial results and outlook for the 2010 fiscal year. A live webcast of the call (listen only) can be accessed through the Company’s website, www.chuckecheese.com. Shortly after its conclusion, a replay of the call will be available on the website through Friday, September 24, 2010.

Non-GAAP Financial Measures:

The Company reports and discusses its operating results using financial measures consistent with generally accepted accounting principles (“GAAP”). From time to time in the course of financial presentations, earnings conference calls or otherwise, the Company may disclose certain non-GAAP financial measures such as Free Cash Flow and diluted earnings per share excluding the benefit of the extra week in fiscal year 2009. The non-GAAP financial measures presented in this earnings release should not be viewed as alternatives or substitutes for the Company’s reported GAAP results.

The Company believes that Free Cash Flow provides useful information to the Company, investors and other interested parties about the amount of cash generated by the business that, after the acquisition of property and equipment, can be used for other strategic opportunities, including servicing debt, funding additional capital expenditures and making investments in the business. It should not be inferred that the entire Free Cash Flow amount is available for discretionary expenditures. A reconciliation of the most directly comparable GAAP financial measure to Free Cash Flow is set forth in a table accompanying this release. Free Cash Flow as defined herein may differ from similarly titled measures presented by other companies.

The Company believes that presenting fiscal year 2009 diluted earnings per share excluding the estimated benefit of the extra week provides useful information to the Company, investors and other interested parties about the Company’s year-over-year results and projected growth. The Company believes that an understanding of the impact of the 53rd operating week in fiscal 2009 on diluted earnings per share provides a more meaningful understanding of the Company’s performance because the periods being compared consist of a different number of weeks. A reconciliation of reported diluted earnings per share to diluted earnings per share excluding the estimated impact of the 53rd week is set forth in a table accompanying this release.

The Company believes that presenting estimated diluted earnings per share for the full fiscal year 2010 excluding the impact of second quarter 2010 unfavorable tax charges provides useful information to the Company, investors and other interested parties about the Company’s year-over-year results and projected growth. The Company believes that an understanding of the impact of the second quarter 2010 unfavorable tax charges on estimated diluted earnings per share for the full fiscal year 2010 provides a more meaningful understanding of the Company’s performance because the impact of this matter may be considered an isolated occurrence. A reconciliation of estimated diluted earnings per share for the full fiscal year 2010 to estimated diluted earnings per share for the full fiscal year 2010 excluding the impact of second quarter 2010 unfavorable tax charges is set forth in a table accompanying this release.

About CEC Entertainment, Inc.

Celebrating over 30 years of success as a place Where a Kid can be a Kid®, CEC Entertainment, Inc. is a nationally recognized leader in family dining and entertainment. Chuck E. Cheese’s stores feature musical and comic entertainment by robotic and animated characters, arcade-style and skill oriented games, video games, rides and other activities intended to appeal to families with children between the ages of two and 12 and offers a variety of pizzas, sandwiches, appetizers, a salad bar and desserts. The Company and its franchisees operate a system of 546 Chuck E. Cheese’s stores located in 48 states (excluding Wyoming and Vermont) and six foreign countries or territories. Currently, 500 locations in the United States and Canada are owned and operated by the Company. For more information, see the Company’s website at www.chuckecheese.com.

Forward-Looking Statements

Certain statements in this press release, other than historical information, may be considered “forward-looking statements” within the meaning of the “safe harbor” provisions of the Private Securities Litigation Reform Act of 1995, and are subject to various risks, uncertainties and assumptions. Statements that are not historical in nature, and which may be identified by the use of words such as “may,” “should,” “could,” “believe,” “predict,” “potential,” “continue,” “plan,” “intend,” “expect,” “anticipate,” “future,” “project,” “estimate” and similar expressions (or the negative of such expressions) are forward-looking statements. Forward-looking statements are made based on management’s current expectations and beliefs concerning future events and, therefore, involve a number of assumptions, risks and uncertainties, including the risk factors described in Item 1A “Risk Factors” of the Company’s Annual Report on Form 10-K for the fiscal year ended January 3, 2010. Should one or more of these risks or uncertainties materialize, or should underlying assumptions prove incorrect, actual results may differ from those anticipated, estimated or expected.

Factors that could cause actual results to differ materially from those contemplated by forward-looking statements include, but are not limited to:

  • Changes in consumer discretionary spending and general economic conditions;
  • Disruptions in the financial markets affecting the availability and cost of credit and our ability to maintain adequate insurance coverage;
  • Our ability to successfully implement our business development strategies;
  • Costs incurred in connection with our business development strategies;
  • Competition in both the restaurant and entertainment industries;
  • Loss of certain key personnel;
  • Increases in food, labor and other operating costs;
  • Changes in consumers’ health, nutrition and dietary preferences;
  • Negative publicity concerning food quality, health, safety and other issues;
  • Continued existence or occurrence of certain public health issues;
  • Disruption of our commodity distribution system;
  • Our dependence on a few global providers for the procurement of games and rides;
  • Adverse affects of local conditions, events and natural disasters;
  • Fluctuations in our quarterly results of operations due to seasonality;
  • Conditions in foreign markets;
  • Risks in connection with owning and leasing real estate;
  • Our ability to adequately protect our trademarks or other proprietary rights;
  • Government regulations, litigation, product liability claims and product recalls;
  • Disruptions of our information technology systems;
  • Application of and changes in generally accepted accounting principles; and
  • Failure to establish, maintain and apply adequate internal control over financial reporting.

The forward-looking statements made in this press release relate only to events as of the date on which the statements were made. Except as may be required by law, the Company undertakes no obligation to update its forward-looking statements to reflect events and circumstances after the date on which the statements were made or to reflect the occurrence of unanticipated events.

 
CEC ENTERTAINMENT, INC.
CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS
(Unaudited)
(in thousands, except per share amounts)
 
    Three Months Ended     Six Months Ended
    July 4,     June 28,     July 4,     June 28,
    2010     2009     2010     2009
                               
REVENUES                                      
Food and beverage sales   $ 89,064   49.2 %     $ 91,123   49.3 %     $ 210,080   49.2 %     $ 219,602   50.7 %
Entertainment and merchandise sales     91,065   50.3 %       92,676   50.2 %       215,249   50.4 %       211,257   48.8 %
                                       
Company store sales     180,129   99.5 %       183,799   99.5 %       425,329   99.5 %       430,859   99.5 %
Franchise fees and royalties     857   0.5 %       996   0.5 %       1,984   0.5 %       2,069   0.5 %
                                       
Total revenues     180,986   100.0 %       184,795   100.0 %       427,313   100.0 %       432,928   100.0 %
                                       
OPERATING COSTS AND EXPENSES                                      
Company store operating costs:                                      
Cost of food and beverage (1)     19,967   22.4 %       20,612   22.6 %       47,586   22.7 %       47,758   21.7 %
Cost of entertainment and merchandise (2)     7,736   8.5 %       8,360   9.0 %       17,786   8.3 %       19,124   9.1 %
                                       
Cost of food, beverage, entertainment and merchandise(3)     27,703    15.4  %       28,972    15.8  %       65,372    15.4  %       66,882    15.5  %
Labor expenses (3)     51,777   28.7 %       52,449   28.5 %       112,372   26.4 %       112,945   26.2 %
Depreciation and amortization (3)     19,836   11.0 %       19,040   10.4 %       39,442   9.3 %       37,954   8.8 %
Rent expense (3)     17,440   9.7 %       16,719   9.1 %       34,926   8.2 %       33,633   7.8 %
Other store operating expenses (3)     29,698   16.5 %       30,285   16.5 %       60,732   14.3 %       60,409   14.0 %
                                       
Total Company store operating costs (3)     146,454   81.3 %       147,465   80.2 %       312,844   73.6 %       311,823   72.4 %
Advertising expense     8,385   4.6 %       8,637   4.7 %       17,422   4.1 %       18,681   4.3 %
General and administrative expenses     11,436   6.3 %       11,738   6.4 %       25,121   5.9 %       26,255   6.1 %
                                       
Total operating costs and expenses     166,275   91.9 %       167,840   90.8 %       355,387   83.2 %       356,759   82.4 %
                                       
Operating income     14,711   8.1 %       16,955   9.2 %       71,926   16.8 %       76,169   17.6 %
                                       
Interest expense     3,442   1.9 %       3,095   1.7 %       6,112   1.4 %       6,169   1.4 %
                                       
Income before income taxes     11,269   6.2 %       13,860   7.5 %       65,814   15.4 %       70,000   16.2 %
                                       
Income taxes     6,491   3.6 %       4,866   2.6 %       27,174   6.4 %       26,953   6.2 %
                                       
Net income   $ 4,778   2.6 %     $ 8,994   4.9 %     $ 38,640   9.0 %     $ 43,047   9.9 %
                                       
Earnings per share:                                      
Basic   $ 0.22         $ 0.39         $ 1.77         $ 1.88    
Diluted   $ 0.22         $ 0.39         $ 1.77         $ 1.86    
                                       
Weighted average shares outstanding:                                      
Basic     21,544           23,048           21,810           22,933    
Diluted     21,592           23,214           21,849           23,104    
_______________
Percentages are expressed as a percent of total revenues (except as otherwise noted).
(1) Percent amount expressed as a percentage of food and beverage sales.
(2) Percent amount expressed as a percentage of entertainment and merchandise sales.
(3) Percentage amount expressed as a percentage of Company store sales.
Due to rounding, percentages presented in the table above may not add.
 

 

 
CEC ENTERTAINMENT, INC.
CONDENSED CONSOLIDATED BALANCE SHEETS
(Unaudited)
(in thousands)
 
    July 4,   January 3,
    2010   2010
ASSETS        
         
Current assets:        
Cash and cash equivalents   $ 14,649   $ 17,361
Other current assets     48,159     62,354
Total current assets     62,808     79,715
Property and equipment, net     661,729     662,747
Other noncurrent assets     8,284     1,804
         
Total assets   $ 732,821   $ 744,266
         
LIABILITIES AND STOCKHOLDERS’ EQUITY        
         
Current liabilities:        
Current portion of debt   $ 915   $ 881
Other current liabilities     88,818     79,858
Total current liabilities     89,733     80,739
Debt, less current portion     341,552     364,929
Other noncurrent liabilities     124,436     130,685
Total liabilities     555,721     576,353
         
Stockholders’ equity     177,100     167,913
         
Total liabilities and stockholders’ equity   $ 732,821   $ 744,266
         

 

 
CEC ENTERTAINMENT, INC.
CONDENSED CONSOLIDATED STATEMENTS OF CASH FLOWS
(Unaudited)
(in thousands)
 
    Six Months Ended
    July 4,   June 28,
      2010       2009  
         
CASH FLOWS FROM OPERATING ACTIVITIES:        
Net income   $ 38,640     $ 43,047  
Adjustments to reconcile net income to net cash provided by operating activities:        
Depreciation and amortization     39,868       38,422  
Deferred income taxes     (7,793 )     1,968  
Stock-based compensation expense     3,653       4,183  
Other adjustments     429       517  
Changes in operating assets and liabilities:        
Operating assets     5,715       9,704  
Operating liabilities     20,406       (6,213 )
         
Net cash provided by operating activities     100,918       91,628  
         
CASH FLOWS FROM INVESTING ACTIVITIES:        
Purchases of property and equipment     (43,074 )     (32,990 )
Other investing activities     (4,040 )     (136 )
         
Net cash used in investing activities     (47,114 )     (33,126 )
         
CASH FLOWS FROM FINANCING ACTIVITIES:        
Net payments on revolving credit facility     (22,900 )     (54,250 )
Exercise of stock options     4,629       14,749  
Payment of taxes for returned restricted shares     (2,742 )     (1,351 )
Treasury stock acquired     (35,555 )     (20,083 )
Other financing activities     134       1,451  
         
Net cash used in financing activities     (56,434 )     (59,484 )
         
Effect of foreign exchange rate changes on cash     (82 )     (270 )
         
Change in cash and cash equivalents     (2,712 )     (1,252 )
         
Cash and cash equivalents at beginning of period     17,361       17,769  
         
Cash and cash equivalents at end of period   $ 14,649     $ 16,517  
                 

 

 
CEC ENTERTAINMENT, INC.
RECONCILIATION OF NON-GAAP FINANCIAL MEASURES
(in thousands)
 
The following table sets forth a reconciliation of cash provided by operating activities to Free Cash Flow for the periods shown:
 
    Three Months Ended   Six Months Ended
    July 4,   June 28,   July 4,   June 28,
    2010   2009   2010   2009
    (Unaudited)   (Unaudited)
                 
Cash provided by operating activities   $ 9,161     $ 9,882     $ 100,918   $ 91,628
Less:                
Capital expenditures     22,120       17,248       43,074     32,990
Free Cash Flow   $ (12,959 )   $ (7,366 )   $ 57,844   $ 58,638
                 

Free Cash Flow, a non-GAAP financial measure, is defined by the Company as cash provided by operating activities less capital expenditures.

The Company believes that Free Cash Flow provides useful information to the Company, investors and other interested parties about the amount of cash generated by the business that, after the acquisition of property and equipment, can be used for other strategic opportunities, including servicing debt, funding additional capital expenditures and making investments in the business. It should not be inferred that the entire Free Cash Flow amount is available for discretionary expenditures. The non-GAAP financial measure presented in the table above should not be viewed as an alternative or substitute for the Company’s reported GAAP results. Free Cash Flow as defined herein may differ from similarly titled measures presented by other companies.

The following table sets forth diluted earnings per share (“Diluted EPS”) excluding the estimated impact of the additional 53rd operating week in fiscal 2009:

    Fiscal
      2009  
    (Unaudited)
Diluted earnings per share:    
As reported   $ 2.67  
Less:    
Estimated 53rd-week impact     (.17 )
Diluted EPS excluding estimated 53rd -week impact   $ 2.50  
     

The Company’s 2009 fiscal year consisted of 53 weeks as compared to 52 weeks in 2010, resulting in the 2009 fiscal year having one additional operating week as compared to the 2010 fiscal year. The Company estimates that the additional operating week benefited the fourth quarter and fiscal year-end diluted earnings per share approximately $0.17. The Company believes that presenting fiscal year 2009 diluted earnings per share excluding the estimated benefit of the extra week provides useful information to the Company, investors and other interested parties about the Company’s year-over-year results and projected growth. The Company believes that an understanding of the impact of the 53rd operating week in fiscal 2009 on diluted earnings per share provides a more meaningful understanding of the Company’s performance because the periods being compared consist of a different number of weeks.

The following table sets forth estimated diluted earnings per share (“Estimated Diluted EPS”) for the period shown excluding the impact of the second quarter of 2010 unfavorable tax charges:

    Full Fiscal Year 2010
    Estimated
    (Unaudited)
         
Estimated Diluted EPS   $ 2.52   $ 2.62
Plus:        
Second quarter 2010 unfavorable tax charges     .13     .13
Estimated Diluted EPS excluding second quarter of 2010 unfavorable tax charge   $ 2.65   $ 2.75
         

Ranges are provided only to reflect possible variability and are not intended to sum to an estimated amount.

The Company’s historical Diluted EPS includes the effect of unfavorable discrete adjustments recorded to income tax expense during the second quarter of 2010. The Company believes that presenting Estimated Diluted EPS for the full fiscal year 2010 excluding the impact of second quarter 2010 unfavorable tax charges provides useful information to the Company, investors and other interested parties about the Company’s year-over-year results and projected growth. The Company believes that an understanding of the impact of the second quarter 2010 unfavorable tax charges on estimated diluted earnings per share for the full fiscal year 2010 provides a more meaningful understanding of the Company’s performance because the impact of this matter may be considered an isolated occurrence.

 
CEC ENTERTAINMENT, INC.
STORE COUNT INFORMATION
 
    Three Months Ended   Six Months Ended
    July 4,   June 28,   July 4,   June 28,
    2010   2009   2010   2009
                 
Number of Company-owned stores:                
Beginning of period   498   495   497     495
New   -   1   -     1
Acquired from franchisees   -   -   1     -
Closed   -   -   -     -
End of period   498   496   498     496
                 
Number of franchised stores:                
Beginning of period   48   47   48     46
New   -   1   1     2
Acquired by the Company   -   -   (1 )   -
Closed   -   -   -     -
End of period   48   48   48     48

California Pizza Kitchen, Inc. (Nasdaq: CPKI) today reported revenues and net income for the second quarter ended July 4, 2010.

Highlights for the second quarter of 2010 relative to the second quarter of 2009 were as follows:

  • Total revenues decreased 4.6% to $163.1 million
  • Comparable restaurant sales decreased 5.9%
  • Net income of $4.2 million, or $0.17 per diluted share

Rick Rosenfield and Larry Flax, co-CEOs of California Pizza Kitchen, stated “Earnings were at the high end of our recent guidance, but reflect the impact of not conducting the Thank You Card Program during the second quarter, as we did in 2009. With that challenging comparison behind us, we are encouraged that third quarter comparable restaurant sales to date are negative 0.9% and we are excited that our 2010 Thank You Card Program is now underway and runs through October 8th. The program has proven to be popular with guests and we are thrilled to raise the level of excitement this year with a cash grand prize of $100,000.”

Rosenfield and Flax continued, “Additionally, the new menu items rolled out in June continue to perform extremely well. Product innovation remains a hallmark of our brand and we will continue to create unique, craveable menu items to drive traffic. We also look forward to the August launch of two new licensed products outside the frozen category in line with our strategy of leveraging the brand in this higher margin channel.”

Rosenfield and Flax added, “As we look to the remainder of this year and into 2011, we plan to maximize long-term value for our shareholders by driving the brand through menu innovation and by enhancing free cash flow and return on invested capital, both inside and outside the restaurants’ four walls.”

Rosenfield and Flax concluded, “As a reminder, on April 12, 2010, we announced that the Company was exploring strategic alternatives. This process is continuing and the Company does not expect to make further comment unless its Board of Directors has approved a specific course of action.”

Average weekly sales for the Company’s 196 full service restaurants were $61,491 in the second quarter of 2010 compared to $64,171 in the same quarter last year.

During the second quarter, the Company opened a new full-service restaurant in Murray, UT. The Company’s franchise partners also opened quick-service restaurants in the King of Prussia Service Plaza in Philadelphia, PA; the Honolulu International Airport in Honolulu, HI; the Kahului Airport (OGG) in Maui, HI; a kiosk in the Fresno Yosemite Airport in Fresno, CA; and in Dodger Stadium in Los Angeles, CA; as well as a full service restaurant in the Coyoacán neighborhood of Mexico City, Mexico.

Finally, the Company outlined its financial guidance for the third quarter of 2010 based on the following assumptions:

  • Comparable restaurant sales between negative 1.0% and positive 1.0%
  • Opening four Company-owned full service restaurants
  • Opening two international franchised full service restaurants
  • Opening one domestic franchise restaurant
  • Earnings estimated in the range of $0.17-$0.19 per diluted share

The Company will host a conference call today at approximately 4:30 pm ET. A webcast of the conference call can be accessed at www.cpk.com.

California Pizza Kitchen, Inc., founded in 1985, is a leading casual dining chain featuring an imaginative line of hearth-baked pizzas, including the original BBQ Chicken Pizza, and a broad selection of distinctive pastas, salads, appetizers, soups, sandwiches and desserts. The average guest check is approximately $15.00. Of the chain’s 261 restaurants as of August 5, 2010, 206 are Company-owned and 55 operate under franchise or license agreements. CPK premium pizzas are available to sports and entertainment fans at three Southern California venues including Dodger Stadium, Angel Stadium of Anaheim and STAPLES Center. Included in the Company’s portfolio of concepts is LA Food Show Grill & Bar, which has locations in Manhattan Beach and Beverly Hills, California. The Company also has a licensing arrangement with Nestle S.A. to manufacture and distribute a line of California Pizza Kitchen premium frozen products. For more details, visit www.cpk.com.

This release includes certain “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. Forward-looking statements include projections of earnings, revenue or other financial items, statements of the plans, strategies and objectives of management for future operations, statements concerning proposed new products or developments, statements regarding future economic conditions or performance, statements of belief and statements of assumptions underlying any of the foregoing. Forward-looking statements may include the words “may,” “will,” “estimate,” “intend,” “continue,” “believe,” ”expect” “anticipate,” “guidance,” “forecast” and similar words.

This release may also include measures that are not based on any standardized methodology prescribed by U.S. generally accepted accounting principles (“GAAP”) and are not necessarily comparable to similar measures presented by other companies. This may include non-GAAP earnings per diluted share or other information. The Company believes that this non-GAAP information is useful as an additional means for investors to evaluate the Company’s operating performance, when reviewed in conjunction with the Company’s GAAP financial statements. This amount is not determined in accordance with GAAP and therefore, should not be used exclusively in evaluating the Company’s business and operations.

Investors are cautioned that forward-looking statements are not guarantees of future performance and, therefore, undue reliance should not be placed on them. Our actual results may and will likely differ materially from the expectations referred to herein. Among the key factors that may have a direct bearing on our operating results, performance and financial condition are changing consumer preferences and demands, the execution of our expansion strategy, the continued availability of qualified employees and our management team, the maintenance of reasonable food and supply costs, our relationships with our distributors and numerous other matters discussed in the Company’s filings with the Securities and Exchange Commission. California Pizza Kitchen undertakes no obligation to update or alter its forward-looking statements whether as a result of new information, future events or otherwise.

                 
Selected Unaudited Consolidated Financial and Operating Data
(Dollars in thousands, except for per share and operating data)
                 
                 
    13 Weeks Ended   26 Weeks Ended
    July 4,   June 28,   July 4,   June 28,
      2010       2009       2010       2009  
                 
Statement of Income:                
                 
Revenues:                
Restaurant sales   $ 160,265     $ 167,975     $ 314,694     $ 326,703  
Royalties from licensing agreement     1,425       1,773       2,470       2,924  
Domestic franchise revenues     813       702       1,485       1,325  
International franchise revenues     547       481       1,096       1,047  
Total revenues     163,050       170,931       319,745       331,999  
                 
Costs and expenses:                
Food, beverage and paper supplies     37,043       40,102       73,430       78,085  
Labor     59,867       62,577       118,679       123,679  
Direct operating and occupancy     36,604       36,017       71,687       70,813  
Cost of sales     133,514       138,696       263,796       272,577  
                 
General and administrative     13,282       12,879       26,024       25,547  
Pre-opening costs     600       972       902       1,701  
                 
Operating income before depreciation and amortization, store closure costs and litigation and settlement costs (1)     15,654       18,384       29,023       32,174  
                 
Depreciation and amortization     9,506       9,313       18,641       18,666  
Store closure costs     -       -       466       -  
Litigation and settlement costs     480       238       769       561  
Total costs and expenses     157,382       162,098       310,599       319,052  
                 
Operating income     5,668       8,833       9,146       12,947  
                 
Interest income (expense), net     6       (188 )     (30 )     (497 )
                 
Income before income tax provision     5,674       8,645       9,116       12,450  
Income tax provision     1,482       2,547       2,425       3,760  
Net income   $ 4,192     $ 6,098     $ 6,691     $ 8,690  
                 
Net income per common share:                
Basic   $ 0.17     $ 0.25     $ 0.28     $ 0.36  
Diluted   $ 0.17     $ 0.25     $ 0.27     $ 0.36  
                 
Shares used in computing net income per common share (in thousands):                
                 
Basic     24,338       24,029       24,292       23,942  
Diluted     25,210       24,152       24,785       23,967  
                 
Operating Data:                
Locations open at end of period     258       255       258       255  
                 
Company-owned full service restaurants open at end of period     196       197       196       197  
                 
Average weekly company-owned full service restaurant sales   $ 61,491     $ 64,171     $ 60,285     $ 62,749  
                 
18-month comparable company-owned restaurant sales decrease     -5.9 %     -6.5 %     -4.2 %     -6.3 %
                 
                 
(1) This is a non-GAAP measure and is not based on any standardized methodology prescribed by GAAP and is not necessarily comparable to similar measures presented by other companies. We believe this measure provides additional information to facilitate the comparison of our past and present financial results and provides an additional means for investors to evaluate business performance. However, use of this measure should not be construed as an indication that our future results will be unaffected by excluded items.
                             
                             
                             
                             
    13 Weeks Ended       26 Weeks Ended
    July 4,       June 28,       July 4,       June 28,
    2010       2009       2010       2009
                             
Statement of Income Percentages (1):                            
                             
Revenues:                            
Restaurant sales   98.3 %       98.3 %       98.4 %       98.4 %
Royalties from licensing agreement   0.9 %       1.0 %       0.8 %       0.9 %
Domestic franchise revenues   0.5 %       0.4 %       0.5 %       0.4 %
International franchise revenues   0.3 %       0.3 %       0.3 %       0.3 %
Total revenues   100.0 %       100.0 %       100.0 %       100.0 %
                             
Costs and expenses:                            
Food, beverage and paper supplies   23.1 %       23.9 %       23.3 %       23.9 %
Labor   37.4 %       37.3 %       37.7 %       37.9 %
Direct operating and occupancy   22.8 %       21.4 %       22.8 %       21.7 %
Cost of sales   83.3 %       82.6 %       83.8 %       83.5 %
                             
General and administrative   8.1 %       7.5 %       8.1 %       7.7 %
Pre-opening costs   0.4 %       0.6 %       0.3 %       0.5 %
                             
Operating income before depreciation and amortization, store closure costs and litigation and settlement costs   9.6 %       10.8 %       9.1 %       9.7 %
                             
Depreciation and amortization   5.8 %       5.4 %       5.8 %       5.6 %
Store closure costs   0.0 %       0.0 %       0.1 %       0.0 %
Litigation and settlement costs   0.3 %       0.1 %       0.2 %       0.2 %
Total costs and expenses   96.5 %       94.8 %       97.1 %       96.1 %
                             
Operating income   3.5 %       5.2 %       2.9 %       3.9 %
                             
Other expense:                            
Interest income (expense), net   0.0 %       -0.1 %       0.0 %       -0.1 %
                             
Income before income tax provision   3.5 %       5.1 %       2.9 %       3.8 %
Income tax provision   0.9 %       1.5 %       0.8 %       1.1 %
Net income   2.6 %       3.6 %       2.1 %       2.7 %
                             
 
(1) Percentages are expressed as a percentage of total revenue except for cost of sales which is expressed as a percentage of restaurant sales.
         
Selected Consolidated Balance Sheet Information
(Dollars in thousands)
         
         
    July 4,   January 3,
    2010   2010
         
Cash and cash equivalents   $ 9,009   $ 21,424
Total assets     337,000     350,258
Total debt     -     22,300
Stockholders’ equity     199,787     189,250
                         
California Pizza Kitchen, Inc.
Units Summary
                         
                         
        Total Units at               Total Units at
  Second Quarter 2010     April 4, 2010   Opened     Closed     July 4, 2010
  Company-owned full service domestic     196   1     1     196
  Company-owned ASAP domestic     7   -     1     6
  Company-owned LA Food Show     2   -     -     2
  Franchised domestic     16   3     -     19
  Franchised international     28   1     -     29
  Campus, sports & entertainment venues (seasonal)     4   2     -     6
  Total     253   7     2     258

Pizza Hut, the world’s largest pizza chain, has launched PizzaHutFranchise.com.  The new website showcases franchising opportunities nationwide and makes it easier for potential franchisees to join the Pizza Hut team.

“We’re excited to offer people a way to really understand, step by step, what it means to become part of the Pizza Hut franchise system,” said Jim Avery, Senior Manager, New Franchise Business Development at Pizza Hut.  ”With the new site, potential franchisees will find it easier to pinpoint possible opportunities in their areas and learn more about franchising with the Pizza Hut brand.”

PizzaHutFranchise.com will impact franchisee engagement and growth by giving potential franchisees access to the following:

  • Buzz data about the pizza business
  • News and information about the Pizza Hut brand, mission and position as a category leader
  • Clear geographic breakdown of opportunities across the United States
  • Schedule of the training and support exercises in place for new franchisees
  • Breakdown of the Pizza Hut new franchisee process, from qualification to developing multiple restaurants
  • Detailed information concerning the initial investment costs of becoming a Pizza Hut franchisee

In addition to functionality, the site also resembles the newly revamped PizzaHut.com website, creating a sense of familiarity for the visitor.  With the April re-launch of the “Virtual Flagship” and the new franchising presence online, Pizza Hut continues to display its innovation in the tech category and commitment to engaging consumers and potential franchisees across America.

About Pizza Hut

Pizza Hut, America’s Favorite Pizza, delivers more pizza, pasta and wings than any other restaurant.  The only pizza company to be named a top ten franchise in 2009 by Entrepreneur Magazine, Pizza Hut began 50 years ago in Wichita, Kansas and today operates nearly 10,000 restaurants in more than 90 countries.  Pizza Hut, Inc. is a subsidiary of Yum! Brands, Inc. (NYSE: YUM).  To check out what’s new at Pizza Hut visit pizzahut.com.

Papa John’s International, Inc. (NASDAQ: PZZA) today announced revenues of $280.6 million for the second quarter of 2010, representing an increase of 4.5% from revenues of $268.5 million for the second quarter of 2009. Net income for the second quarter of 2010 was $13.2 million, or $0.49 per diluted share (including after-tax income of $1.7 million, or $0.06 per diluted share, from the consolidation of the results of the franchisee-owned cheese purchasing company, BIBP Commodities, Inc. (“BIBP”), a variable interest entity), compared to 2009 second quarter net income of $14.2 million, or $0.51 per diluted share (including after-tax income of $4.2 million, or $0.15 per diluted share, from the consolidation of BIBP).

Revenues were $566.4 million for the six months ended June 27, 2010, representing an increase of 3.1% from revenues of $549.4 million for the same period in 2009. Net income for the six months ended June 27, 2010 was $30.1 million, or $1.11 per diluted share (including after-tax income of $3.9 million, or $0.14 per diluted share, from the consolidation of BIBP), compared to net income of $32.0 million, or $1.15 per diluted share, for the comparable period of 2009 (including after-tax income of $10.0 million, or $0.36 per diluted share, from the consolidation of BIBP).

“During the second quarter, we were proud that Papa John’s earned the highest rating among all limited service restaurants in the prestigious American Customer Service Index (ACSI),” commented Papa John’s Founder, Chairman and Co-Chief Executive Officer, John Schnatter. “This marks the 10th time in 11 years that Papa John’s has received the highest ACSI rating among all pizza chains, confirming that the consumer values our long-term commitment to quality.”

“We had a solid second quarter with our system posting positive transaction growth for the fifth consecutive quarter, as well as positive comp sales this quarter,” said Papa John’s President and Co-Chief Executive Officer, Jude Thompson. “We are pleased with our system’s performance in what continues to be a challenging competitive environment.”

Non-GAAP Measures

Certain components of the financial information we present in this press release exclude the impact of the consolidation of BIBP, which is not a measure that is defined in accordance with accounting principles generally accepted in the United States (“GAAP”). These non-GAAP measures should not be construed as a substitute for or a better indicator of the company’s performance than the company’s GAAP measures. Management believes the financial information excluding the impact of BIBP is important for purposes of comparison to prior periods and development of future projections and earnings growth prospects. Management analyzes the company’s business performance and trends excluding the impact of BIBP because they are not indicative of our principal operating activities. In addition, annual cash bonuses, and certain long-term incentive programs for various levels of management, are based on financial measures that exclude the impact of the consolidation of BIBP. The presentation of the non-GAAP measures in this press release is made alongside the most directly comparable GAAP measures.

The company provides the following table to reconcile the financial results we present in this press release excluding the impact of BIBP to our GAAP financial measures for the three- and six-month periods ended June 27, 2010 and June 28, 2009.

    Three Months Ended   Six Months Ended
    June 27,   June 28,   June 27,   June 28,
(In thousands, except per share amounts)     2010       2009       2010       2009  
                 
Pre-tax income, net of noncontrolling interests, as reported   $ 20,752     $ 22,214     $ 46,592     $ 50,355  
Income from BIBP cheese purchasing entity     (2,678 )     (6,854 )     (6,163 )     (15,879 )
Pre-tax income, net of noncontrolling interests,                
excluding BIBP   $ 18,074     $ 15,360     $ 40,429     $ 34,476  
                 
Net income, as reported   $ 13,192     $ 14,177     $ 30,067     $ 32,016  
Income from BIBP cheese purchasing entity     (1,700 )     (4,179 )     (3,913 )     (10,045 )
Net income, excluding BIBP   $ 11,492     $ 9,998     $ 26,154     $ 21,971  
                 
Earnings per diluted share, as reported   $ 0.49     $ 0.51     $ 1.11     $ 1.15  
Income from BIBP cheese purchasing entity     (0.06 )     (0.15 )     (0.14 )     (0.36 )
Earnings per diluted share, excluding BIBP   $ 0.43     $ 0.36     $ 0.97     $ 0.79  
                 
Cash flow from operations, as reported           $ 45,686     $ 54,536  
Net cash flows from BIBP cheese purchasing entity             (6,163 )     (15,879 )
Cash flow from operations, excluding BIBP           $ 39,523     $ 38,657  

Revenues Comparison

Consolidated revenues were $280.6 million for the second quarter of 2010, an increase of $12.1 million, or 4.5%, over the corresponding 2009 period. The increase in revenues was primarily due to the following:

  • Franchise royalties revenue increased $2.5 million primarily due to an increase in the royalty rate (the standard royalty rate for the majority of domestic franchise restaurants was 4.25% in the second quarter of 2009 and 4.75% in the second quarter of 2010 as provided for in the franchise agreement).
  • Domestic commissary sales increased $9.4 million primarily due to an increase in sales volumes.
  • International revenues increased $1.6 million reflecting an increase in the number of our company-owned and franchised restaurants.
  • Other sales decreased $1.0 million primarily due to a decline in sales at our print and promotions subsidiary, Preferred Marketing Solutions.

For the six months ended June 27, 2010, revenues increased $17.0 million, or 3.1%, over the corresponding 2009 period, primarily due to the same reasons as those mentioned above. The increase in revenues in the six-month period was partially offset by a decline in domestic company-owned restaurant sales resulting from a decrease of 1.5% in comparable sales. An increase in customer traffic in the six-month period was more than offset by a decrease in the average ticket price as the level of discounting was increased consistent with the competitive environment in which we are currently operating.

Operating Results and Cash Flow

Operating Results

Our pre-tax income, net of noncontrolling interests, for the second quarter of 2010 was $20.8 million, compared to $22.2 million for the corresponding period in 2009. For the six months ended June 27, 2010, pre-tax income, net of noncontrolling interests, was $46.6 million compared to $50.4 million for the corresponding period in 2009. Excluding the impact of BIBP, as shown in the previous table, second-quarter 2010 pre-tax income, net of noncontrolling interests, was $18.1 million, an increase of $2.7 million or 17.7%, from the 2009 comparable results of $15.4 million. For the six months ended June 27, 2010, pre-tax income excluding BIBP was $40.4 million, an increase of $6.0 million or 17.3% from the 2009 comparable results of $34.5 million. An analysis of the changes in pre-tax income, net of noncontrolling interests, for the second quarter and six months ended June 27, 2010, respectively (excluding the consolidation of BIBP), is summarized as follows (analyzed on a segment basis — see the Summary Financial Data table that follows for the reconciliation of segment income to consolidated income below):

  • Domestic Company-owned Restaurant Segment. Domestic company-owned restaurants’ operating income was $8.7 million for the second quarter of 2010 as compared to $10.2 million in the comparable 2009 period. For the six months ended June 27, 2010, operating income was $20.1 million compared to $20.5 million in the comparable 2009 period. The decreases of $1.5 million and $400,000 in the second quarter and six-month period of 2010, respectively, were primarily due to a decline in operating margin from a lower average ticket price, partially offset by increased customer traffic. Commodity costs were favorable for both the three- and six-month periods, with the most favorable impact in the first three months of 2010.

Restaurant operating margin on an external basis was 21.2% for the second quarter of 2010, compared to 22.9% for the comparable 2009 period and 22.0% for the first six months of 2010, compared to 23.2% for the comparable 2009 period. Excluding the impact of the consolidation of BIBP, restaurant operating margin was 20.7% for the second quarter of 2010, compared to 21.6% in the comparable 2009 quarter and was 21.4% in the first six months of 2010 compared to 21.7% in the comparable 2009 period, with increased levels of discounting as the primary reason for the quarter and year-to-date declines, as noted above.

  • Domestic Commissary Segment. Domestic commissaries’ operating income increased approximately $550,000 for the second quarter of 2010 and decreased $1.7 million for the six-month period ended June 27, 2010. The improvement in operating income for the second quarter was primarily due to increased sales volumes and the prior year included management transition costs of approximately $700,000. The decrease for the first six months of 2010, as compared to the corresponding 2009 period, was primarily due to a lower gross margin as we reduced the prices charged to restaurants for certain products and absorbed both commodity cost increases for certain vegetable products resulting from harsh Florida winter weather and increased fuel costs, partially offset by the previously mentioned prior-year impact of $700,000 in management transition costs.
  • Domestic Franchising Segment. Domestic franchising operating income increased approximately $2.6 million to $15.4 million for the second quarter of 2010, as compared to $12.8 million in the corresponding 2009 period, and increased $4.9 million to $31.4 million for the six months ended June 27, 2010, as compared to $26.5 million in the corresponding 2009 period. The increases were primarily due to an increase in franchise royalties (the standard rate was 4.25% in 2009 and 4.75% in 2010). The impact of the royalty rate increase was partially offset by the impact of development incentive programs offered by the company in 2009 and 2010. Franchise and development fees were approximately $20,000 higher and $160,000 lower than the prior year quarter and six-month period, respectively, even though we had 34 and 51 additional domestic unit openings during the three- and six-month periods, respectively, in 2010. Additionally, we incurred incentive payment costs of $128,000 in the second quarter of 2010 and $271,000 for the six months ended June 27, 2010, compared to $30,000 and $60,000 in the comparable periods of the prior year.
  • International Segment. The international segment reported operating losses of approximately $1.1 million and $2.2 million for the three and six months ended June 27, 2010, respectively, compared to losses of $850,000 and $1.6 million, respectively, in the same periods in 2009. The declines in the operating results in both periods were primarily due to increased personnel and franchise support costs, and start-up costs associated with our company-owned commissary in the United Kingdom, which opened in the second quarter of 2010. The increase in costs was partially offset by increased revenues due to the growth in the number of international units.
  • All Others Segment. Operating income for the “All others” reporting segment decreased approximately $400,000 for the second quarter of 2010 and increased approximately $100,000 for the six-month period of 2010, as compared to the corresponding 2009 periods. The decline in the second quarter was primarily due to an increase in infrastructure and support costs associated with our online ordering business unit. We expect to recoup these and future enhancement costs from ongoing online ordering fees charged to domestic restaurants over time. For the six-month period, the decline in operating income related to the online ordering business unit was more than offset by an improvement in operating income at our print and promotions subsidiary, Preferred Marketing Solutions.
  • Unallocated Corporate Segment. Unallocated corporate expenses decreased approximately $1.5 million and $3.7 million for the three- and six-month periods ended June 27, 2010, respectively, as compared to the corresponding periods in the prior year. The components of unallocated corporate expenses were as follows (in thousands):
      Three Months Ended     Six Months Ended
      June 27,   June 28,   Increase     June 27,   June 28,   Increase
        2010       2009     (decrease)       2010       2009     (decrease)
                             
  General and administrative (a)   $ 8,118     $ 7,896     $ 222       $ 14,773     $ 14,692     $ 81  
  Net interest     1,042       1,080       (38 )       1,946       2,116       (170 )
  Depreciation     2,236       2,118       118         4,401       4,245       156  
  Franchise support initiatives (b)     1,250       2,168       (918 )       2,500       4,415       (1,915 )
  Provision (credit) for uncollectible accounts and notes receivable (c)     (98 )     449       (547 )       217       1,512       (1,295 )
  Other income (d)     (419 )     (38 )     (381 )       (878 )     (282 )     (596 )
  Total unallocated corporate expenses   $ 12,129     $ 13,673     $ (1,544 )     $ 22,959     $ 26,698     $ (3,739 )
     
  (a) Unallocated general and administrative costs were relatively flat as lower salaries and benefits, resulting from fewer employees, were more than offset by increased short and long-term incentive compensation and severance costs. The second quarter and six-month period of 2009 also included $800,000 in litigation settlement costs.  
     
  (b) A reduction in franchise support initiatives, which primarily consisted of discretionary contributions to the national marketing fund and other local advertising cooperatives, was in line with initial expectations for the three and six month periods ended June 27, 2010.  
     
  (c) The 2009 provision for uncollectible accounts and notes receivable included specific incremental reserves for one third-party customer and a loan issued to one domestic franchisee, whereas the 2010 provision reflects the collection of a previously reserved account.  
     
  (d) Other income was favorable in both the three- and six-month periods of 2010 due to lower disposition-related costs.  
     
  Our effective income tax rates were 34.9% and 34.0%, respectively, for the three- and six-month periods ended June 27, 2010, as compared to 34.5% and 35.0%, respectively, for the corresponding 2009 periods (34.7% and 33.6%, respectively, excluding BIBP, for the three- and six-month periods in 2010 and 32.6% and 34.3%, respectively, excluding BIBP, for the three- and six-month periods in 2009). The effective rate may fluctuate from quarter to quarter as specific federal and state issues are settled or otherwise resolved, and we expect the rate to approximate 35% to 36% over time.  
     

Cash Flow

Net cash provided by operating activities was $45.7 million for the first six months of 2010 as compared to $54.5 million for the comparable period in 2009. The consolidation of BIBP increased cash flow from operations by approximately $6.2 million in the first six months of 2010 and approximately $15.9 million in the first six months of 2009. Excluding the impact of the consolidation of BIBP, cash flow from operations was $39.5 million in 2010, as compared to $38.7 million in the comparable period in 2009. The favorable impact of higher net income was partially offset by unfavorable working capital changes.

Our net debt position, defined as total debt less cash and cash equivalents, was $61.3 million at June 27, 2010, compared to $73.6 million at December 27, 2009.

Form 10-Q Filing

See the Management’s Discussion and Analysis of Financial Condition and Results of Operations section of our Quarterly Report on Form 10-Q filed with the Securities and Exchange Commission for additional information concerning our operating results and cash flow for the three- and six-month periods ended June 27, 2010.

Domestic Comparable Sales and Unit Count

Domestic system-wide comparable sales for the second quarter of 2010 increased 0.4% (comprised of a 1.1% decrease at company-owned restaurants and a 0.9% increase at franchised restaurants). Domestic system-wide comparable sales for the six months ended June 27, 2010 were even (comprised of a 1.5% decrease at company-owned restaurants and a 0.5% increase at franchised restaurants). An increase in customer traffic for both the second quarter and six-month results in 2010 was offset by a decline in the average ticket price due to increased levels of discounting. The comparable sales percentage represents the change in year-over-year sales for the same base of restaurants for the same calendar period.

During the second quarter of 2010, 45 domestic franchised restaurants were opened and 16 domestic restaurants were closed (one company-owned and 15 franchised). During the first six months of 2010, we opened 80 domestic restaurants (four company-owned and 76 franchised) and closed 47 restaurants (two company-owned and 45 franchised). Our total domestic development pipeline as of June 27, 2010 included approximately 270 restaurants, two-thirds of which are scheduled to open over the next two to three years.

At June 27, 2010, there were 3,516 domestic and international Papa John’s restaurants (619 company-owned and 2,897 franchised) operating in all 50 states and in 28 countries. The company-owned restaurants include 127 restaurants operated in majority-owned domestic joint venture arrangements, the operating results of which are fully consolidated into the company’s results.

International Update

Highlights:

  • International franchise system sales increased approximately 12% to $71.8 million in the second quarter of 2010, from $63.9 million in the comparable period in 2009 and increased approximately 14% to $139.5 million for the six months ended June 27, 2010, from $122.0 million. The impact of foreign exchange rates was not material to the three- and six-month periods.
  • During the second quarter of 2010, 28 international restaurants were opened (four company-owned and 24 franchised) while 32 international franchised restaurants were closed, including all of the 25 franchised restaurants in one country. We expect to begin reopening restaurants in that country later this year under a new franchise ownership and management structure. For the six-month period ended June 27, 2010, 57 international restaurants were opened (four company-owned and 53 franchised) while 43 international franchised restaurants were closed.
  • During the second quarter, the first two Papa John’s restaurants in Chile were opened by our franchisee in that country.
  • We anticipate opening restaurants in three or four additional new countries during the last six months of 2010.

As of June 27, 2010, there were 702 Papa John’s restaurants operating internationally (29 company-owned and 673 franchised), of which 221 were located in Korea and China and 161 were located in the United Kingdom and Ireland. Our total international development pipeline as of June 27, 2010 included approximately 1,200 restaurants, the substantial majority of which are scheduled to open over the next seven years.

Share Repurchase Activity

The company repurchased 760,000 shares of its common stock at an average price of $25.21 per share, or a total of $19.2 million, during the three months ended June 27, 2010 and repurchased 975,000 shares at an average of $25.05 per share, or a total of $24.4 million, during the six months ended June 27, 2010. A total of 273,000 shares of common stock were issued upon the exercise of stock options for the first six months of 2010.

In July 2010, the Board of Directors approved a $50 million increase in share repurchase authorization through 2011. Subsequent to quarter-end through July 28, 2010, the company repurchased 274,000 shares at a total cost of $6.7 million, or $24.36 per share average cost. Approximately $52.7 million remains available under the company’s share repurchase program.

The company utilizes a written trading plan under Rule 10b5-1 under the Securities Exchange Act of 1934, as amended, to facilitate the repurchase of shares of our common stock under this share repurchase program. There can be no assurance that we will repurchase shares of our common stock either through our Rule 10b5-1 trading plan or otherwise. We may terminate the Rule 10b5-1 trading plan at any time.

There were 27.0 million diluted weighted average shares outstanding for the second quarter of 2010, as compared to 28.0 million for the second quarter of 2009, a 3.6% decrease. Approximately 26.3 million actual shares of the company’s common stock were outstanding as of June 27, 2010.

The company’s share repurchase activity had no impact on earnings per diluted share for both the three- and six-month periods ended June 27, 2010.

2010 Earnings Guidance Updated; Comparable Sales Guidance Reaffirmed

The company is updating its previously issued guidance for 2010 earnings per share of $1.72 to $1.87 per diluted share, excluding the impact of the consolidation of BIBP, to $1.74 to $1.82 per diluted share. We expect the current pricing and promotional environment in the pizza category to result in continued restaurant margin pressures for the remainder of 2010. The company is also updating its guidance for domestic system-wide comparable sales for 2010 from a range of negative 1% to positive 1% to a range of negative 0.5% to positive 1.0%, reflecting the even results for the first half of the year.

In July, the company implemented an initiative to reduce G&A expenses, which included a reduction in force primarily in the corporate support area and our printing and promotions subsidiary. After considering severance and related costs, the G&A initiative is not expected to have a significant impact on operating income for the second half of 2010; cost savings from the initiative are expected to approximate $4.0 to $4.5 million in 2011.

Forward-Looking Statements

Certain matters discussed in this press release and other company communications constitute forward-looking statements within the meaning of the federal securities laws. Generally, the use of words such as “expect,” “estimate,” “believe,” “anticipate,” “will,” “forecast,” “plan,” “project,” or similar words identify forward-looking statements that we intend to be included within the safe harbor protections provided by the federal securities laws. Such statements may relate to projections concerning revenue, earnings, margins, unit growth and other financial and operational measures. Such statements are not guarantees of future performance and involve certain risks, uncertainties and assumptions, which are difficult to predict and many of which are beyond our control. Therefore, actual outcomes and results may differ materially from those matters expressed or implied in such forward-looking statements.

The risks, uncertainties and assumptions that are involved in our forward-looking statements include, but are not limited to: changes in pricing or other marketing or promotional strategies by competitors which may adversely affect sales, including an increase in or continuation of the aggressive pricing and promotional environment; new product and concept developments by food industry competitors; the ability of the company and its franchisees to meet planned growth targets and operate new and existing restaurants profitably; general economic conditions and resulting impact on consumer buying habits; changes in consumer preferences; increases in or sustained high costs of food ingredients and other commodities, paper, utilities, fuel, employee compensation and benefits, insurance and similar costs (including the impact of the recently passed federal health care legislation); the ability of the company to pass along increases in or sustained high costs to franchisees or consumers; the company’s contingent liability for the payment of certain lease arrangements, approximating $4.8 million, involving our former Perfect Pizza operations in the United Kingdom that were sold in March 2006; the impact of legal claims and current proposed legislation impacting our business; the impact that product recalls, food quality or safety issues, and general public health concerns could have on our restaurants; and increased risks associated with our international operations. These and other risk factors are discussed in detail in “Part I. Item 1A. – Risk Factors” of the Annual Report on Form 10-K for the fiscal year ended December 27, 2009. We undertake no obligation to update publicly any forward-looking statements, whether as a result of future events, new information or otherwise.

Conference Call

A conference call is scheduled for August 4, 2010 at 10:00 a.m. Eastern Daylight Time to review the second quarter earnings results. The call can be accessed from the company’s web page at www.papajohns.com in a listen-only mode, or dial 877-312-8816 (pass code 83093318) for participation in the question and answer session. International participants may dial 253-237-1189 (pass code 83093318).

The conference call will be available for replay, including by downloadable podcast, beginning August 4, 2010, at approximately noon Eastern Time, through August 8, 2010, at midnight Eastern Time. The replay can be accessed from the company’s web site at www.papajohns.com or by dialing 800-642-1687 (pass code 83093318). International participants may dial 706-645-9291 (pass code 83093318).

Summary Financial DataPapa John’s International, Inc.(Unaudited)
         
    Three Months Ended   Six Months Ended
    June 27,   June 28,   June 27,   June 28,
(In thousands, except per share amounts)   2010   2009   2010   2009
                 
Revenues   $ 280,647     $ 268,509     $ 566,433     $ 549,433  
                 
Income before income taxes, net of noncontrolling interests*   $ 20,752     $ 22,214     $ 46,592     $ 50,355  
                 
Net income   $ 13,192     $ 14,177     $ 30,067     $ 32,016  
                 
Earnings per share – assuming dilution   $ 0.49     $ 0.51     $ 1.11     $ 1.15  
                 
Weighted average shares outstanding – assuming dilution     26,971       27,989       27,036       27,860  
                 
EBITDA (1)   $ 30,063     $ 31,305     $ 66,796     $ 68,533  
                 
                 
*The following is a summary of our income (loss) before income taxes, net of noncontrolling interests:
                 
    Three Months Ended   Six Months Ended
    June 27,   June 28,   June 27,   June 28,
(in thousands)   2010   2009   2010   2009
Domestic company-owned restaurants   $ 8,656     $ 10,152     $ 20,101     $ 20,543  
Domestic commissaries     8,036       7,484       15,184       16,868  
Domestic franchising     15,448       12,824       31,370       26,506  
International     (1,071 )     (847 )     (2,174 )     (1,624 )
All others     178       613       1,127       1,014  
Unallocated corporate expenses     (12,129 )     (13,673 )     (22,959 )     (26,698 )
Elimination of intersegment profit     (133 )     (101 )     (220 )     (116 )
Income before income taxes, excluding BIBP     18,985       16,452       42,429       36,493  
BIBP, a variable interest entity (2)     2,678       6,854       6,163       15,879  
Less: noncontrolling interests     (911 )     (1,092 )     (2,000 )     (2,017 )
Total income before income taxes, net of noncontrolling interests   $ 20,752     $ 22,214     $ 46,592     $ 50,355  
Summary Financial Data (continued)Papa John’s International, Inc.(Unaudited)
 
The following is a reconciliation of EBITDA to net income (in thousands):
                   
      Three Months Ended   Six Months Ended
      June 27,   June 28,   June 27,   June 28,
        2010       2009       2010       2009  
                   
  EBITDA (1)   $ 30,063     $ 31,305     $ 66,796     $ 68,533  
  Income tax expense     (7,560 )     (8,037 )     (16,525 )     (18,339 )
  Net interest expense     (1,136 )     (1,296 )     (2,149 )     (2,580 )
  Depreciation and amortization     (8,175 )     (7,795 )     (16,055 )     (15,598 )
  Net income   $ 13,192     $ 14,177     $ 32,067     $ 32,016  
  The company’s free cash flow for the first six months of 2010 and 2009 was as follows (in thousands):
           
      Six Months Ended
      June 27,   June 28,
        2010       2009  
           
  Net cash provided by operating activities   $ 45,686     $ 54,536  
  Income from BIBP cheese purchasing entity     (6,163 )     (15,879 )
  Purchases of property and equipment     (16,871 )     (15,193 )
  Free cash flow (3)   $ 22,652     $ 23,464  

(1) Management considers EBITDA to be a meaningful indicator of operating performance from operations before depreciation, amortization, net interest and income taxes. EBITDA provides us with an understanding of one aspect of earnings before the impact of investing and financing transactions and income taxes. While EBITDA should not be construed as a substitute for net income or a better indicator of liquidity than cash flows from operating activities, which are determined in accordance with accounting principles generally accepted in the United States (“GAAP”), it is included herein to provide additional information with respect to the ability of the company to meet its future debt service, capital expenditure and working capital requirements. EBITDA is not necessarily a measure of the company’s ability to fund its cash needs and it excludes components that are significant in understanding and assessing our results of operations and cash flows. In addition, EBITDA is not a term defined by GAAP and as a result our measure of EBITDA might not be comparable to similarly titled measures used by other companies. The above EBITDA calculation includes the operating results of BIBP Commodities, Inc., a variable interest entity.

(2) BIBP generated pre-tax income of approximately $2.7 million in the second quarter of 2010, which was composed of income associated with cheese sold to domestic company-owned and franchised restaurants of approximately $600,000 and $2.2 million, respectively, partially offset by interest expense on outstanding debt with Papa John’s. For the second quarter of 2009, BIBP reported pre-tax income of $6.9 million, which was primarily composed of income associated with cheese sold to domestic company-owned and franchised restaurants of approximately $1.6 million and $5.5 million, respectively, partially offset by interest expense on outstanding debt with a third-party bank and Papa John’s.

BIBP generated pre-tax income of approximately $6.2 million for the six months ended June 27, 2010, which was composed of income associated with cheese sold to domestic company-owned and franchised restaurants of approximately $1.5 and $5.0 million, respectively, partially offset by interest expense on outstanding debt with Papa John’s. For the six months ended June 28, 2009, BIBP reported pre-tax income of approximately $15.9 million, which was composed of income associated with cheese sold to domestic company-owned and franchised restaurants of approximately $3.9 million and $12.6 million, respectively, partially offset by interest expense on outstanding debt with a third-party bank and Papa John’s.

(3) Free cash flow is defined as net cash provided by operating activities (from the consolidated statements of cash flows) excluding the impact of BIBP, less the purchases of property and equipment. We view free cash flow as an important measure because it is one factor that management uses in determining the amount of cash available for discretionary investment. Free cash flow is not a term defined by GAAP and as a result our measure of free cash flow might not be comparable to similarly titled measures used by other companies. Free cash flow should not be construed as a substitute for or a better indicator of the company’s performance than the company’s GAAP measures.

For more information about the company, please visit www.papajohns.com.

Papa John’s International, Inc. and Subsidiaries
Consolidated Statements of Income
                     
                     
        Three Months Ended   Six Months Ended
        June 27, 2010   June 28, 2009   June 27, 2010   June 28, 2009
(In thousands, except per share amounts)   (Unaudited)   (Unaudited)   (Unaudited)   (Unaudited)
Revenues:            
  Domestic:                
    Company-owned restaurant sales   $ 124,594     $ 124,966     $ 254,238     $ 256,671  
    Franchise royalties     17,140       14,664       34,876       30,025  
    Franchise and development fees     101       78       147       306  
    Commissary sales     113,936       104,539       226,576       214,078  
    Other sales     13,023       13,981       27,536       28,750  
  International:                
    Royalties and franchise and development fees     3,458       3,388       7,092       6,623  
    Restaurant and commissary sales     8,395       6,893       15,968       12,980  
Total revenues     280,647       268,509       566,433       549,433  
                     
Costs and expenses:                
  Domestic Company-owned restaurant expenses:            
    Cost of sales     27,020       23,893       54,306       49,794  
    Salaries and benefits     34,192       36,157       69,595       74,360  
    Advertising and related costs     11,149       11,376       22,553       22,649  
    Occupancy costs     7,930       7,722       15,770       15,638  
    Other operating expenses     17,844       17,181       36,034       34,809  
  Total domestic Company-owned restaurant expenses     98,135       96,329       198,258       197,250  
                     
  Domestic commissary and other expenses:                
    Cost of sales     95,195       86,924       190,487       179,108  
    Salaries and benefits     8,568       8,638       17,300       17,469  
    Other operating expenses     11,841       10,945       23,541       21,617  
  Total domestic commissary and other expenses     115,604       106,507       231,328       218,194  
                     
Income from the franchise cheese-purchasing                
  program, net of noncontrolling interest     (2,173 )     (5,462 )     (4,982 )     (12,565 )
International operating expenses     7,430       5,907       14,206       11,264  
General and administrative expenses     28,990       29,788       56,850       57,325  
Other general expenses     1,687       3,043       3,977       7,415  
Depreciation and amortization     8,175       7,795       16,055       15,598  
Total costs and expenses     257,848       243,907       515,692       494,481  
                     
Operating income     22,799       24,602       50,741       54,952  
Net interest expense     (1,136 )     (1,296 )     (2,149 )     (2,580 )
Income before income taxes     21,663       23,306       48,592       52,372  
Income tax expense     7,560       8,037       16,525       18,339  
Net income, including noncontrolling interests     14,103       15,269       32,067       34,033  
Less: income attributable to noncontrolling interests     (911 )     (1,092 )     (2,000 )     (2,017 )
Net income, net of noncontrolling interests   $ 13,192     $ 14,177     $ 30,067     $ 32,016  
                     
Basic earnings per common share   $ 0.49     $ 0.51     $ 1.12     $ 1.16  
Earnings per common share – assuming dilution   $ 0.49     $ 0.51     $ 1.11     $ 1.15  
                     
Basic weighted average shares outstanding     26,760       27,789       26,901       27,715  
Diluted weighted average shares outstanding     26,971       27,989       27,036       27,860  
Papa John’s International, Inc. and Subsidiaries
Condensed Consolidated Balance Sheets
         
         
    June 27,   December 27,
    2010   2009
    (Unaudited)   (Note)
(In thousands)        
         
Assets        
Current assets:        
Cash and cash equivalents   $ 37,710   $ 25,457
Accounts receivable, net     22,914     22,119
Inventories     15,289     15,576
Prepaid expenses     10,266     8,695
Other current assets     3,642     3,748
Deferred income taxes     8,895     8,408
Total current assets     98,716     84,003
         
Investments     1,690     1,382
Net property and equipment     189,027     187,971
Notes receivable , net     15,092     16,359
Deferred income taxes     5,920     6,804
Goodwill     74,229     75,066
Other assets     21,588     22,141
Total assets   $ 406,262   $ 393,726
         
         
Liabilities and stockholders’ equity        
Current liabilities:        
Accounts payable   $ 26,139   $ 26,990
Income and other taxes payable     10,383     5,854
Accrued expenses     49,382     54,241
Current portion of debt     99,035     -
Total current liabilities     184,939     87,085
         
Unearned franchise and development fees     6,096     5,668
Long-term debt, net of current portion     -     99,050
Other long-term liabilities     12,729     16,886
Total liabilities     203,764     208,689
         
Total stockholders’ equity     202,498     185,037
Total liabilities and stockholders’ equity   $ 406,262   $ 393,726
         
         
Note: The balance sheet at December 27, 2009 has been derived from the audited consolidated financial statements at that date, but does not include all information and footnotes required by accounting principles generally accepted in the United States for a complete set of financial statements.
Papa John’s International, Inc. and Subsidiaries      
Consolidated Statements of Cash Flows      
       
       
  Six Months Ended
(In thousands) June 27, 2010   June 28, 2009
  (Unaudited)   (Unaudited)
       
Operating activities      
Net income, net of noncontrolling interests $ 30,067   $ 32,016
Adjustments to reconcile net income to net cash provided by      
operating activities:      
Provision for uncollectible accounts and notes receivable 713   2,181
Depreciation and amortization 16,055   15,598
Deferred income taxes (250)   2,731
Stock-based compensation expense 3,549   2,607
Excess tax benefit related to exercise of non-qualified stock options (242)   (443)
Other 368   811
Changes in operating assets and liabilities, net of acquisitions:      
Accounts receivable (1,764)   737
Inventories 298   868
Prepaid expenses (1,559)   101
Other current assets 106   1,880
Other assets and liabilities (329)   (345)
Accounts payable (851)   (4,363)
Income and other taxes payable 4,529   3,840
Accrued expenses (5,432)   (3,326)
Unearned franchise and development fees 428   (357)
Net cash provided by operating activities 45,686   54,536
       
Investing activities      
Purchases of property and equipment (16,871)   (15,193)
Purchases of investments (548)   (1,187)
Proceeds from sale or maturity of investments 240   -
Loans issued (460)   (9,739)
Loan repayments 1,943   1,439
Acquisitions -   (464)
Proceeds from divestitures of restaurants 36   830
Other 11   18
Net cash used in investing activities (15,649)   (24,296)
       
Financing activities      
Net repayments from line of credit facility -   (20,500)
Net repayments from short-term debt – variable interest entities -   (2,600)
Excess tax benefit related to exercise of non-qualified stock options 242   443
Proceeds from exercise of stock options 5,125   8,057
Acquisition of Company common stock (24,417)   (4,958)
Noncontrolling interests, net of contributions and distributions 1,130   1,162
Other 114   (13)
Net cash used in financing activities (17,806)   (18,409)
       
Effect of exchange rate changes on cash and cash equivalents 22   (11)
Change in cash and cash equivalents 12,253   11,820
Cash and cash equivalents at beginning of period 25,457   10,917
       
Cash and cash equivalents at end of period $ 37,710   $ 22,737
Restaurant Progression
Papa John’s International, Inc.
                     
    Second Quarter Ended June 27, 2010
    Corporate   Franchised    
    Domestic   Int’l   Domestic   Int’l   Total
Papa John’s restaurants                    
Beginning of period   591   27   2,194   679   3,491
Opened   -   4   45   24   73
Closed   (1)   -   (15)   (32)   (48)
Acquired   -   -   -   2   2
Sold   -   (2)   -   -   (2)
End of Period   590   29   2,224   673   3,516
                     
                     
                     
                     
    Second Quarter Ended June 28, 2009
    Corporate   Franchised    
    Domestic   Int’l   Domestic   Int’l   Total
Papa John’s restaurants                    
Beginning of period   590   22   2,198   594   3,404
Opened   -   1   11   28   40
Closed   (1)   -   (17)   (8)   (26)
Acquired   11   -   11   -   22
Sold   (11)   -   (11)   -   (22)
End of Period   589   23   2,192   614   3,418
Restaurant Progression
Papa John’s International, Inc.
                     
    Six Months Ended June 27, 2010
    Corporate   Franchised    
    Domestic   Int’l   Domestic   Int’l   Total
Papa John’s restaurants                    
Beginning of period   588   26   2,193   662   3,469
Opened   4   4   76   53   137
Closed   (2)   -   (45)   (43)   (90)
Acquired   -   1   -   2   3
Sold   -   (2)   -   (1)   (3)
End of Period   590   29   2,224   673   3,516
                     
                     
                     
                     
    Six Months Ended June 28, 2009
    Corporate   Franchised    
    Domestic   Int’l   Domestic   Int’l   Total
Papa John’s restaurants                    
Beginning of period   592   23   2,200   565   3,380
Opened   3   1   25   62   91
Closed   (5)   (1)   (34)   (13)   (53)
Acquired   11   -   12   -   23
Sold   (12)   -   (11)   -   (23)
End of Period   589   23   2,192   614   3,418