Printer Friendly
The Free Library
19,607,059 articles and books
Member login
User name  
Password 
 
Join us Forgot password?

Bally Total Fitness Announces Decision to Restate Financial Statements.


CHICAGO -- Bally Total Fitness Bally Total Fitness is an American health club chain with 400 gyms in 70 cities, and claims 4 million customers [1]. The chain has recently opened gyms in South Korea, China & the Bahamas.  Holding Corporation (NYSE NYSE

See: New York Stock Exchange
:BFT (Binary File Transfer) An extension to the fax protocol that allows transmission of raw data. A page of text is transmitted faster than a bitmap of the page and is displayed at normal printer resolution at the receiving side. ) today announced that its Audit Committee has concluded, as a result of its previously disclosed investigation, the Company's financial statements for the years ended December 31, 2000 through December 31, 2003 and the first quarter of 2004 should be restated. Accordingly, such financial statements and other communications related to such periods should no longer be relied upon. The Audit Committee intends to engage KPMG KPMG Klynveld Peat Marwick Goerdeler (accounting firm)
KPMG Kaiser Permanente Medical Group
KPMG Keiner Prüft Mehr Genau (German)
KPMG Kommen Prüfen Meckern Gehen
 LLP LLP - Lower Layer Protocol , the Company's new auditor, to re-audit the Company's financial statements for the years ended December 31, 2002 and 2003 previously audited by Ernst & Young LLP. The Company's current management fully supports these actions.

Based on the results of the investigation and after consultation with accounting experts that it retained and with the Company's new auditors, the Audit Committee determined that, following the promulgation PROMULGATION. The order given to cause a law to be executed, and to make it public it differs from publication. (q.v.) 1 Bl. Com. 45; Stat. 6 H. VI., c. 4.
     2.
 of Staff Accounting Bulletin No. 101, beginning in fiscal year 2000, the Company should have changed its revenue recognition policy for membership initiation fees. Prior to 2003, the Company deferred and recognized financed membership initiation fees over the average membership life, which it approximated to be 22 months. The Audit Committee determined that, following the effective date of Staff Accounting Bulletin No. 101, the Company should have recognized revenue for all membership fees over the longer of the contractual life or the period over which service was provided. The Audit Committee also determined the need to revise its method of accounting for these revenues in 2003 and the first quarter of 2004 to defer recognition under the modified cash method to periods beyond the initial contract period for certain of its members. These changes would have delayed revenue recognition. The restatement will not affect reported cash flows, but will result in a cumulative, non-cash charge Non-Cash Charge

A charge off, made by a company against earnings, that does not require an initial outlay of cash.

Notes:
Non-cash charges are typically against the depreciation, amortization, and depletion accounts on a company's balance sheet.
 as of January 1, 2000, the amount of which has not yet been determined, but will include the amount previously reported as a cumulative effect adjustment when the Company converted to a modified cash basis of accounting effective January 1, 2003.

The Audit Committee further determined that, prior to the second quarter of 2003, the Company's recognition of revenue associated with recoveries of unpaid dues on inactive member contracts was in error. The Audit Committee also determined that the Company's allowance for doubtful accounts Allowance for Doubtful Accounts

An estimation made by a company and documented on its balance sheet for receivables that might go uncollected.

Notes:
It is standard practice for a company to have funds set aside for money that cannot be collected.
 was inadequate for years prior to 2003. Because the Company intends to restate its financial statements using the modified cash method of revenue recognition, no separate restatement will be required to address these two matters.

Additionally, as previously announced, the Company expects to restate prior periods to record a liability related to repayment obligations of approximately $22 million due in 2015 or later on membership contracts sold by a subsidiary before Bally bally
Adjective, adv

Brit old-fashioned, slang extreme or extremely: a bally nuisance, he's too bally charming for his own good

Adj. 1.
 acquired it in the late 1980s. This liability, which had a present value of approximately $6 million as of September 30, 2004, has not been reflected in the Company's financial statements since 1995. The effect on prior income statements is the addition of non-cash annual interest charges of between $325,000 and $700,000 in each of the years 1996 through 2003. The Company also intends to change the balance sheet presentation of its installment contract installment contract n. an agreement in which payments of money, delivery of goods or performance of services are to be made in a series of payments, deliveries or performances, usually on specific dates or upon certain happenings.  receivables, which would also change an equal amount of deferred revenue, so as not to report these amounts on its balance sheet.

As a result, Bally Total Fitness will delay the issuance of its financial statements until after completion of the multi-year audits, which are expected to be completed by July 2005. In the interim, the Company will continue to provide quarterly updates on its business operations Business operations are those activities involved in the running of a business for the purpose of producing value for the stakeholders. Compare business processes. The outcome of business operations is the harvesting of value from assets  through the release of selected unaudited operating and cash flow data and will furnish such data for the third quarter of this year later this week.

The Audit Committee's investigation is ongoing and expected to be completed by year end. The Audit Committee is continuing to investigate certain other accounting matters that may have affected the Company's financial statements prior to its change to a modified cash basis of accounting in 2003. As previously disclosed, the Division of Enforcement of the Securities and Exchange Commission is also conducting an investigation related to the Company's previously issued financial statements. The Company continues to fully cooperate with these investigations.

As the Company announced last week, it intends to commence a consent solicitation Consent Solicitation

A solicitation by one party to the stakeholders of a particular security for the consent of a material change.

Notes:
Should the majority of stakeholders provide valid consent prior to the consent expiry date, the issuer may then follow through with
 by November 15, seeking waivers of defaults from the holders of its 10-1/2% Senior Notes due 2011 and 9-7/8% Senior Subordinated Notes due 2007 to provide the time necessary to file its financial statements as described above. Lenders under the Company's $275 million secured credit facility have foregone fore·gone
v.
Past participle of forego1.

adj.
Having gone before; previous.

Usage Note: The word foregone has recently developed a new meaning as a truncation of the phrase
 any requirement for receipt from the Company of any financial statements filed with the SEC. However, the credit agreement provides for a cross-default in the event of delivery of a default notice under either of the indentures.

About Bally Total Fitness

Bally Total Fitness is the largest and only nationwide commercial operator of fitness centers, with approximately four million members and 440 facilities located in 29 states, Mexico, Canada, Korea, China and the Caribbean under the Bally Total Fitness(R), Crunch Fitness(SM), Gorilla Sports(SM), Pinnacle Fitness(R), Bally Sports Clubs(R) and Sports Clubs of Canada(R) brands. With an estimated 150 million annual visits to its clubs, Bally offers a unique platform for distribution of a wide range of products and services targeted to active, fitness-conscious adult consumers.

Forward-looking statements forward-looking statement

A projected financial statement based on management expectations. A forward-looking statement involves risks with regard to the accuracy of assumptions underlying the projections.
 in this release including, without limitation, statements relating to relating to relate prepconcernant

relating to relate prepbezüglich +gen, mit Bezug auf +acc 
 the Company's plans, strategies, objectives, expectations, intentions, and adequacy of resources, are made pursuant to the safe harbor Safe Harbor

1. A legal provision to reduce or eliminate liability as long as good faith is demonstrated.

2. A form of shark repellent implemented by a target company acquiring a business that is so poorly regulated that the target itself is less attractive.
 provisions of the Private Securities Litigation Reform Act The Private Securities Litigation Reform Act of 1995 (PSLRA) implemented several significant substantive changes affecting certain cases brought under the federal securities laws, including changes related to pleading, discovery, liability, class representation and awards fees and  of 1995. These forward-looking statements involve known and unknown risks, uncertainties, and other factors that may cause the actual results, performance or achievements of the Company to be materially different from any future results, performance or achievements expressed or implied by such forward-looking statements. These factors include, among others, the following: the outcome of the SEC investigation and Bally's internal investigation, including review and restatement of its previously announced or filed financial results; the audit of the restated financial statements; Bally's ability to secure consents under its debt instruments, including waivers of existing and future reporting covenant defaults under its public note indentures; the identification of one or more other issues that require restatement of one or more prior period financial statements; the communication by Bally's management and independent auditors of the existence of material weaknesses in internal controls over financial reporting; general economic and business conditions; competition; success of operating initiatives, advertising and promotional efforts; existence of adverse publicity or litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
; acceptance of new product and service offerings; changes in business strategy or plans; quality of management; availability, terms, and development of capital; business abilities and judgment of personnel; changes in, or the failure to comply with, government regulations; regional weather conditions and other factors described in prior filings of the Company with the Securities and Exchange Commission.
COPYRIGHT 2004 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2004, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

 Reader Opinion

Title:

Comment:



 

Article Details
Printer friendly Cite/link Email Feedback
Publication:Business Wire
Date:Nov 15, 2004
Words:1147
Previous Article:Demand for Rear-Projection Digital TVs Drives Explosive Growth of Microdisplays, Says McLaughlin Consulting Group.
Next Article:ADVO, Inc. 2004 Investor Conference To Be Held November 18, 2004.



Related Articles
East Harlem gets in shape with 25,500 s/f health club.
Bally Total Fitness Engages J.P. Morgan Securities Inc. as Lead Arranger of New $175 Million Term Loan Facility to Refinance Debt and for General...
Bally Total Fitness Obtains an Extension until November 1st for Delivery of Second Quarter 2004 Financial Statements from its Bank Lenders.
Bally Total Fitness Announces the Conclusion of Previously Disclosed Audit Committee Investigation; Company Moves Quickly to Address Report Findings.
Bally Total Fitness Appoints Finance Veteran David S. Reynolds as Controller.
Bally Total Fitness Names Finance Veteran Katherine L. Abbott To Position of Treasurer.
Bally Total Fitness Offers Crunch Fitness for Sale; Company Continues to Evaluate Additional Sales of Non-Core Assets.
Federal Court Upholds Previously Disclosed Arbitration Award Against Bally Total Fitness.
Marilyn Seymann Steps Down from Bally Total Fitness Board of Directors.

Terms of use | Copyright © 2012 Farlex, Inc. | Feedback | For webmasters | Submit articles