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Landry’s Restaurants, Inc. (‘LNY’/NYSE) Reports Second Quarter 2008 Results

2008-08-08 07:30:00

Landry’s Restaurants, Inc. (‘LNY’/NYSE) Reports Second Quarter 2008 Results

    HOUSTON, Aug. 8 /EMWNews/ -- Landry's Restaurants, Inc.

(NYSE: LNY) (the "Company"), today announced its results for the second

quarter ended June 30, 2008. The Company's income from continuing

operations for the quarter was $0.91 per share-diluted as compared to $0.44

reported last year.



    Revenues from continuing operations for the three months ended June 30,

2008, totaled $311.4 million, as compared to $308.0 million a year earlier,

including $66.5 million and $66.6 million, respectively from the Golden

Nugget properties. Income from continuing operations for the quarter was

$14.0 million, compared to $9.2 million reported last year. Included in the

current quarter amount is a non-cash gain of $2.9 million after-tax for the

change in value of interest rate swaps partially offset by a non-cash

impairment charge of $1.0 million after-tax, for a net of $0.12 per

share-diluted. The prior comparable period includes $2.5 million after-tax

expense for legal costs associated with the Company's stock option review

and $4.1 million after-tax in expenses related to refinancing the Golden

Nugget. Excluding the impact of these items, earnings per share-diluted

from continuing operations were $0.79 for the quarter compared to $0.75 for

the prior year. During the second quarter of 2008, consolidated pre-tax

interest expense was $20.0 million compared to $14.0 million in the

comparable period last year primarily due to additional borrowings

associated with the June 2007 Golden Nugget refinancing as well as the 2.0%

increase in the interest rate on the $400.0 million Senior Notes effective

August 2007. Same store sales for the Company's restaurants were negative

2.5% for the quarter which includes the effect of the Easter holiday shift

to the first quarter in 2008 from the second quarter in 2007. The Company's

results benefited from a shift to higher margin amusement and entertainment

revenues primarily at the Kemah Boardwalk. Same store sales for July were

essentially flat.



    Rick H. Liem, Executive Vice President and CFO stated, "Results for the

second quarter were encouraging given the difficult economic circumstances.

Both our restaurant hospitality group and our Golden Nugget properties

generated higher EBITDA in the current quarter than they did last year."



    Revenues from continuing operations for the six months ended June 30,

2008, totaled $606.2 million, as compared to $591.6 million a year earlier.

Net earnings from continuing operations for the six months were $16.3

million, compared to $32.0 million reported last year. Earnings per

share-diluted from continuing operations for the six months were $1.05,

compared to $1.49 in the prior year. The net change in the fair value of

interest rate swaps is not material year to date for 2008. Included in

earnings from continuing operations for the prior year period, are gains on

property sales and investments of approximately $13.0 million after-tax,

offset by costs associated with the internal stock option review and

refinancing the Golden Nugget of approximately $6.6 million after-tax.

Excluding these items, earnings per share from continuing operations were

$1.19 for the prior year.



    As a result of our 2006 sale of the Joe's Crab Shack concept and

closure of certain additional locations, the results of operations for

these restaurants are reflected as discontinued operations in the Company's

financial statements. The loss from discontinued operations, net of taxes,

for the quarter was $0.2 million or $0.01 per share compared to a loss of

$2.3 million or $0.11 per share in the prior year. For the six months ended

June 30, 2008, the loss for discontinued operations, net of tax was $0.9

million or $0.06 per share as compared to a loss of $3.0 million or $0.14

per share in the prior year. Therefore, the consolidated net income for the

quarter was $13.9 million or $0.90 per share - diluted, compared to net

income of $6.9 million or $0.33 per share - diluted in the comparable

period in 2007. Consolidated net income for the six months ended June 30,

2008 was $0.99 per share-diluted compared to $1.35 per share-diluted for

the comparable period in the prior year.



    The Senior Note holders have an option to require the Company to redeem

the Notes beginning February 28, 2009 at 101% of face value. As a result,

the Notes are reflected as current liabilities in the Company's financial

statements.



    The Company's continuing operations include restaurants primarily under

the trade names Landry's Seafood House, Chart House, Rainforest Cafe,

Saltgrass Steak House and the Signature Group as well as other businesses

including hotels, marinas, amusements, retail and the Golden Nugget Hotels

and Casinos in Las Vegas and Laughlin, Nevada.



    Proposed Merger



    On June 16, 2008, the Company entered into a definitive merger

agreement with Fertitta Holdings, Inc., Fertitta Acquisition Co. and, for

limited purposes, Tilman J. Fertitta, pursuant to which Fertitta Holdings

agreed to acquire all of the Company's outstanding common stock for $21.00

per share in cash. Fertitta Holdings and Fertitta Acquisition are new

companies formed by Tilman J. Fertitta, Chairman of the Board, Chief

Executive Officer and President of the Company. On July 17, 2008, the

Company filed a preliminary proxy statement and related materials with the

Securities and Exchange Commission that provides details about the pending

sale of the Company. On August 1, 2008, the Company announced that the

"go-shop" process conducted by Cowen and Company ("Cowen"), the independent

financial advisor to the special committee of independent directors of the

Company, ended. During the "go-shop" period, Cowen held a variety of

discussions with potential transaction partners and no proposals were

received from anyone.



    The Company is continuing to work with Fertitta Holdings, Inc. to

complete the merger in a timely manner, subject to satisfaction of the

conditions set forth in the merger agreement. In addition, on August 1,

2008, the Company and Fertitta Holdings, Inc. filed for early termination

of any applicable waiting period required by the Hart Scott Rodino Act.



    IMPORTANT ADDITIONAL INFORMATION REGARDING THE MERGER HAS BEEN FILED

WITH THE SEC.



    In connection with the proposed merger, the Company has filed a

preliminary proxy statement and related materials with the Securities and

Exchange Commission. INVESTORS AND SECURITY HOLDERS ARE ADVISED TO READ THE

DEFINITIVE PROXY STATEMENT WHEN IT BECOMES AVAILABLE, BECAUSE IT WILL

CONTAIN IMPORTANT INFORMATION ABOUT THE MERGER AND THE PARTIES THERETO.

Investors and security holders may obtain a free copy of the proxy

statement (when available) and other documents filed by the Company at the

Securities and Exchange Commission's website at http://www.sec.gov. The

proxy statement and such other documents may also be obtained for free from

the Company by directing such request to Landry's Restaurants, Inc.

Investor Relations, 1510 West Loop South, Houston, TX 77027, telephone:

(713) 850-1010.



    The Company and its directors, executive officers and certain other

members of its management and employees may be deemed to be participants in

the solicitation of proxies from its stockholders in connection with the

proposed merger. Information regarding the interests of the Company's

participants in the solicitation will be included in the definitive proxy

statement relating to the proposed merger when it becomes available.



    This press release contains certain forward-looking statements within

the meaning of Section 27A of the Securities Act of 1933 and Section 21E of

the Securities Exchange Act of 1934, as amended, which are intended to be

covered by safe harbors created thereby. Stockholders are cautioned that

all forward- looking statements are based largely on the Company's

expectations and involve risks and uncertainties, some of which cannot be

predicted or are beyond the Company's control. Some factors that could

realistically cause results to differ materially from those projected in

the forward-looking statements include the occurrence of any event, change

or other circumstances that could give rise to the termination of the

merger agreement with Fertitta Holdings, Inc.; the outcome of any legal

proceedings that have been, or may be, instituted against the Company

related to the merger agreement; the inability to complete the merger due

to the failure to obtain stockholder approval for the merger or the failure

to satisfy other conditions to completion of the merger, including the

receipt of all regulatory approvals related to the merger; the failure to

obtain the necessary financing arrangements set forth in the debt and

equity commitment letters delivered pursuant to the merger agreement; risks

that the proposed transaction disrupts current plans and operations and the

potential difficulties in employee retention as a result of the merger; the

ability to recognize the benefits of the merger; the effects of local and

national economic, credit and capital market conditions on the economy in

general, and on the gaming, restaurant and hotel industries in particular;

changes in laws, including increased tax rates, regulations or accounting

standards, third-party relations and approvals, and decisions of courts,

regulators and governmental bodies; litigation outcomes and judicial

actions; acts of war or terrorist incidents or natural disasters; the

effects of competition, including locations of competitors and operating

and market competition; ineffective marketing or promotions, weather,

management turnover, higher interest rates and gas prices, construction at

the Golden Nugget properties, negative same store sales, or the Company's

inability to continue its expansion strategy and other risks described in

the filings of the Company with the Securities and Exchange Commission,

including but not limited to, the Company's Annual Report on Form 10-K for

the year ended December 31, 2007. The Company may not update or revise any

forward-looking statements made in this press release.




LANDRY'S RESTAURANTS, INC. CONSOLIDATED INCOME STATEMENTS (000's except per share amounts) FOR THE QUARTER FOR THE QUARTER ENDED ENDED June 30, 2008 June 30, 2007 REVENUES $311,393 100.0% $308,020 100.0% COST OF REVENUES 67,707 21.8% 69,076 22.4% LABOR 98,231 31.5% 96,693 31.4% OTHER OPERATING EXPENSES 77,250 24.8% 75,090 24.4% UNIT LEVEL PROFIT 68,205 21.9% 67,161 21.8% GENERAL & ADMINISTRATIVE 12,353 4.0% 16,733 5.4% PRE-OPENING COSTS 373 0.1% 827 0.3% DEPRECIATION & AMORTIZATION 17,859 5.8% 16,075 5.2% ASSET IMPAIRMENT EXPENSE 1,593 0.5% - 0.0% TOTAL OPERATING INCOME 36,027 11.6% 33,526 10.9% OTHER EXPENSE 15,768 19,927 INCOME FROM CONTINUING OPERATIONS BEFORE TAXES 20,259 13,599 TAX PROVISION 6,230 4,359 INCOME FROM CONTINUING OPERATIONS 14,029 9,240 LOSS FROM DISCONTINUED OPERATIONS, NET OF TAXES (157) (2,297) NET INCOME $13,872 $6,943 EARNINGS (LOSS) PER SHARE - BASIC: INCOME FROM CONTINUING OPERATIONS $0.92 $0.45 LOSS FROM DISCONTINUED OPERATIONS (0.01) (0.11) NET INCOME $0.91 $0.34 AVERAGE SHARES 15,260 20,575 EARNINGS (LOSS) PER SHARE - DILUTED: INCOME FROM CONTINUING OPERATIONS $0.91 $0.44 LOSS FROM DISCONTINUED OPERATIONS (0.01) (0.11) NET INCOME $0.90 $0.33 AVERAGE SHARES 15,500 21,100 EBITDA from continuing operations (earnings before interest, taxes, depreciation and amortization): Net income $13,872 $6,943 Add back: Loss from discontinued operations 157 2,297 Tax provision 6,230 4,359 Other expense 15,768 19,927 Depreciation and amortization 17,859 16,075 Asset impairment expense 1,593 - EBITDA $55,479 $49,601 FOR THE SIX MONTHS FOR THE SIX MONTHS ENDED ENDED June 30, 2008 June 30, 2007 REVENUES $606,218 100.0% $591,648 100.0% COST OF REVENUES 131,138 21.6% 130,817 22.1% LABOR 194,391 32.1% 187,130 31.7% OTHER OPERATING EXPENSES 152,084 25.1% 146,834 24.8% UNIT LEVEL PROFIT 128,605 21.2% 126,867 21.4% GENERAL & ADMINISTRATIVE 25,144 4.1% 29,508 5.0% PRE-OPENING COSTS 838 0.1% 1,565 0.3% DEPRECIATION & AMORTIZATION 35,673 5.9% 32,329 5.5% ASSET IMPAIRMENT EXPENSE 1,593 0.3% - 0.0% TOTAL OPERATING INCOME 65,357 10.8% 63,465 10.7% OTHER EXPENSE 41,903 14,935 INCOME FROM CONTINUING OPERATIONS BEFORE TAXES 23,454 48,530 TAX PROVISION 7,180 16,515 INCOME FROM CONTINUING OPERATIONS 16,274 32,015 LOSS FROM DISCONTINUED OPERATIONS, NET OF TAXES (881) (2,956) NET INCOME $15,393 $29,059 EARNINGS (LOSS) PER SHARE - BASIC: INCOME FROM CONTINUING OPERATIONS $1.07 $1.53 LOSS FROM DISCONTINUED OPERATIONS (0.06) (0.14) NET INCOME $1.01 $1.39 AVERAGE SHARES 15,260 20,950 EARNINGS (LOSS) PER SHARE - DILUTED: INCOME FROM CONTINUING OPERATIONS $1.05 $1.49 LOSS FROM DISCONTINUED OPERATIONS (0.06) (0.14) NET INCOME $0.99 $1.35 AVERAGE SHARES 15,515 21,500 EBITDA from continuing operations (earnings before interest, taxes, depreciation and amortization): Net income $15,393 $29,059 Add back: Loss from discontinued operations 881 2,956 Tax provision 7,180 16,515 Other expense 41,903 14,935 Depreciation and amortization 35,673 32,329 Asset impairment expense 1,593 - EBITDA $102,623 $95,794 EBITDA is not a generally accepted accounting principles ("GAAP") measurement and is presented solely as a supplemental disclosure because the Company believes that it is a widely used measure of operating performance in the restaurant industry. EBITDA is simply shown above as it is a commonly used non-GAAP valuation statistic.
LANDRY'S RESTAURANTS, INC. CONDENSED UNAUDITED BALANCE SHEETS ($ in Millions except per share amounts) June 30, 2008 December 31, 2007 (unaudited) Cash & equivalents $45.9 $39.6 Assets related to discontinued operations 5.9 10.0 Other current assets 84.3 93.9 Total current assets 136.1 143.5 Property & equipment, net 1,261.4 1,250.1 Other assets 102.3 109.4 Total assets $1,499.8 $1,503.0 Current liabilities $675.0 $300.7 Liabilities related to discontinued operations 2.8 4.0 Long-term debt 408.3 801.4 Other non-current 80.5 80.0 Total liabilities 1,166.6 1,186.1 Total stockholders' equity 333.2 316.9 Total liabilities & equity $1,499.8 $1,503.0 Net book value per share $20.64 $19.62

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Blake Masterson

Freelance Writer, Journalist and Father of 5

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