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CEC Entertainment, Inc. Reports Strong Preliminary Fourth Quarter and 2006 Earnings and Preliminary Restatement Impact.


IRVING, Texas Irving (pronounced 'er-ving') is a city located in the U.S. state of Texas within Dallas County. According to the 2000 U.S. Census, the city population was 191,615; the 2006 estimate was 201,927 according to the North Central Texas Council of Governments, and 196,084 according to  -- CEC (Central Electronic Complex) The set of hardware that defines a mainframe, which includes the CPU(s), memory, channels, controllers and power supplies included in the box. Some CECs, such as IBM's Multiprise 2000 and 3000, include data storage devices as well.  Entertainment, Inc. (NYSE NYSE

See: New York Stock Exchange
:CEC) today announced preliminary results for the fourth quarter and fiscal year ended December 31, 2006. These and all other amounts in this press release have been presented on a basis consistent with the previously announced restatement Restatement

A revision in a company's earlier financial statements.

Notes:
The need for restating financial figures can result from fraud, misrepresentation, or a simple clerical error.
 described below. These preliminary results are subject to adjustment for matters relating to relating to relate prepconcernant

relating to relate prepbezüglich +gen, mit Bezug auf +acc 
 the continued review of the Company's consolidated financial statements Consolidated Financial Statements

The combined financial statements of a parent company and its subsidiaries.

Notes:
Because consolidated financial statements present an aggregated look at the financial position of a parent and its subsidiaries, they enable you to gauge
.

Revenues for the fourth quarter of 2006 increased to $176.3 million from $164.1 million in the fourth quarter of 2005 primarily due to an increase in comparable store sales of 3.8% and new store development. Net income in the fourth quarter of 2006 increased to $12.1 million from $10.7 million in the same period of 2005. Diluted earnings per share diluted earnings per share

An earnings measure calculated by dividing net income less preferred stock dividends for a period by the average number of shares of common stock that would be outstanding if all convertible securities were converted into shares of
 in the fourth quarter of 2006 increased 19% to $0.37 per share from $0.31 per share in the fourth quarter of 2005.

Revenues for 2006 increased to $774.2 million from $726.2 million in 2005 primarily due to an increase in comparable store sales of 2.7% and new store development. Net income in 2006 was $68.5 million compared to $69.8 million in 2005. Diluted earnings per share in 2006 increased to $2.05 per share from $1.93 per share in 2005.

Richard M. Frank, Chairman and Chief Executive Officer, stated that, "We are pleased with the solid comparable store sales performance of our restaurants. We believe the operating results reflect the success of our strategic changes that allow us to tighten our operational focus on increasing sales in our existing restaurants while achieving a higher return on capital invested, lowering sales cannibalization can·ni·bal·ize  
v. can·ni·bal·ized, can·ni·bal·iz·ing, can·ni·bal·iz·es

v.tr.
1. To remove serviceable parts from (damaged airplanes, for example) for use in the repair of other equipment of the same
 of existing restaurants and increasing free cash flow. Our sales momentum has continued into the first quarter with year-to-date comparable store sales growth of 2.9% and we are optimistic op·ti·mist  
n.
1. One who usually expects a favorable outcome.

2. A believer in philosophical optimism.



op
 about the continued long-term success of maintaining a narrow and targeted focus on delivering an excellent experience for our guests and solid performance for our shareholders."

Based on current estimates, the Company expects diluted earnings per share to range from $2.30 to $2.35 per share for the 2007 fiscal year and $0.97 to $1.01 per share for the first quarter of 2007. Estimates for fiscal year 2007 assume an increase in comparable store sales of 2.5% to 3.0%, 10 new restaurant openings and capital expenditures of approximately $90 to $92 million.

Preliminary Impact of Restatement of Historical Financial Statements:

On July 25, 2006, the Company announced its Audit Committee, with the assistance of independent legal counsel and external forensic accountants, was conducting an independent review of the Company's stock option granting practices. On October 31, 2006, the Company reported the Audit Committee's findings of this review. The Audit Committee did not find any evidence of fraud or intentional in·ten·tion·al  
adj.
1. Done deliberately; intended: an intentional slight. See Synonyms at voluntary.

2. Having to do with intention.
 misconduct MISCONDUCT. Unlawful behaviour by a person entrusted in any degree: with the administration of justice, by which the rights of the parties and the justice of the, case may have been affected.
     2.
 in the Company's stock option granting practices, but did find that certain administrative errors, record-keeping deficiencies and other defects in the stock option granting process resulted in accounting errors. Subsequently, the Company and its Audit Committee concluded that the Company's consolidated financial statements for each of the fiscal years during the three year period ended January 1, 2006, as well as for certain prior periods not included in these consolidated financial statements, should be restated to record additional stock-based compensation and related tax effects resulting from stock options granted during fiscal years 1989 through 2005 that were incorrectly accounted for under generally accepted accounting principles The standard accounting rules, regulations, and procedures used by companies in maintaining their financial records.

Generally accepted accounting principles (GAAP) provide companies and accountants with a consistent set of guidelines that cover both broad accounting
. The decision was based on the determination that the revised measurement dates for determining the accounting treatment of certain stock option grants differed from the measurement dates originally used by the Company in preparing its consolidated financial statements.

Based on the Company's evaluation of the Audit Committee's findings, the Company is providing the following preliminary estimates for adjustments to its historical financial statements and the financial performance data based on these adjustments, in order to provide comparative prior year information relative to 2006 preliminary results. The preliminary estimates of restatement adjustments are subject to the continued review and audit by the Company's registered independent public accounting firm and its Audit Committee.

Historical Granting Practices

Historically, the Company has typically granted stock options to employees utilizing a process in which the Board of Directors or a special committee of the Board of Directors would approve stock option grants through unanimous written consents ("UWC UWC University of the Western Cape (RSA)
UWC University Writing Center
UWC United World Colleges (international college network)
UWC Ultimate Warrior Challenge
"). Under APB APB

See Accounting Principles Board (APB).
 25, the measurement date is the first date on which both are known with finality fi·nal·i·ty  
n. pl. fi·nal·i·ties
1. The condition or fact of being final.

2. A final, conclusive, or decisive act or utterance.

Noun 1.
 (1) the number of shares an individual employee is entitled en·ti·tle  
tr.v. en·ti·tled, en·ti·tling, en·ti·tles
1. To give a name or title to.

2. To furnish with a right or claim to something:
 to receive and (2) the option or purchase price, if any. Further under APB 25, compensation cost is measured based on the difference between the exercise price and the market price on the measurement date. Previously, the Company relied on the date of the UWCs ("as of" date) as the accounting measurement date. As a result, the Company did not produce or retain adequate documentation of other events in the stock granting practice. Based on the Company's review of the granting process, the Company has determined that the definition of measurement date was not met on the "as of" date. Instead, the Company believes that upon obtaining the last signature on the UWC the granting process is complete and a measurement date is achieved.

Determination of Measurement Date

Consistent with the direction provided to the public by the Office of the Chief Accountant of the U.S. Securities and Exchange Commission in a letter dated September 19, 2006, (the "OCA OCA oculocutaneous albinism.  September Letter"), when the documentation of stock option granting activities was incomplete or could not be located, the Company reviewed all available relevant information, including historical approval patterns where evidence was available, and formed what the Company believes is a reasonable conclusion as to the most likely option granting actions that occurred and the dates which such actions occurred in determining the appropriate accounting. Based on the Company's interpretation of relevant accounting literature, as well as the guidance provided in the OCA September Letter, the appropriate accounting measurement date for a stock option grant is the date in which all required corporate granting actions have been completed and the persons empowered to make grants have determined, with finality, the terms and recipients of the stock option grant.

For the few instances when approval was made in a meeting, the Company considered the date of the meeting to be the accounting measurement date if minutes of the meeting were recorded and provided sufficient specificity to determine the option price and the number of options to be allocated to individuals.

For the instances when approval was made through unanimous written consent, the Company considered the measurement date to be the date when the last required signature was received by the Company from the Compensation Committee or Board of Directors on the UWC. However, in some instances, the Company was unable to locate definitive and complete documentation evidencing the date on which the last required approval of a UWC was received by the Company. For these instances, the Company formed a conclusion as to the most likely date that approval was received based on the timing of letters notifying employees of the stock option award (if available) and the approval pattern of past stock option grants approved through a UWC with evidence of the date on which the last required approval was received by the Company. More specifically, for these instances, the Company estimated the accounting measurement date to be the earlier of the date of the letter notifying the employee of the stock option award (if available) or the average number of days lapsing lapse  
v. lapsed, laps·ing, laps·es

v.intr.
1.
a. To fall from a previous level or standard, as of accomplishment, quality, or conduct:
 from the stated "as of" date of a UWC to the date on which the last required approval of a UWC was received by the Company for other stock option grants. For annual stock option grants (in which the largest number of stock options were granted to employees) and mid-year grants the average number of days lapsing from the "as of" date of the UWC to the date on which the last required approval of a UWC was received by the Company averaged 29 and 48 business days, respectively.

The accounting measurement dates of stock option awards to non-employee members of the Company's Board of Directors were determined in accordance Accordance is Bible Study Software for Macintosh developed by OakTree Software, Inc.[]

As well as a standalone program, it is the base software packaged by Zondervan in their Bible Study suites for Macintosh.
 with the Company's Non-Employee Directors Stock Option Plan to be the date of initial election or appointment to the Board of Directors and the fifth business day in January for annual grants in each year thereafter.

After comparing the revised measurement dates to the measurement dates previously used by the Company in preparing its consolidated financial statements, the Company determined that certain stock options were granted at an exercise price below the fair market value of the Company's common stock on the revised measurement date. As a result of this determination, the Company will record additional stock-based compensation pre-tax charges of $18.1 million for the fiscal years 1989 through 2005.

Tax Items

Certain tax issues have also arisen from the Company's determination that it had previously issued in the money stock options. Section 162(m) of the Internal Revenue Code The Internal Revenue Code is the body of law that codifies all federal tax laws, including income, estate, gift, excise, alcohol, tobacco, and employment taxes. These laws constitute title 26 of the U.S. Code (26 U.S.C.A. § 1 et seq.  ("Section 162(m)") prohibits tax deductions Tax deduction

An expense that a taxpayer is allowed to deduct from taxable income.


tax deduction

See deduction.
 for non-performance based compensation paid to the chief executive officer and the four highest compensated officers in excess of $1 million in a taxable year Taxable year

The 12-month period an individual uses to report income for income tax purposes. For most individuals, their tax year is the calendar year.
. Compensation attributable to stock options issued under the Company's employee stock option plan meets the requirements for treatment as qualified performance-based compensation and is an exception from the deduction limit of Section 162(m) provided the exercise price is greater than or equal to the fair market value of the common stock of the Company on the date of grant. As a result of determining that certain stock options were granted at an exercise price below the fair market value of the common stock of the Company on the revised measurement date, the Company concluded that certain tax deductions related to stock options exercised by employees are not allowed under Section 162(m). Accordingly, the Company will reduce the additions to additional paid-in capital additional paid-in capital

Stockholder contributions that are in excess of a stock's stated or par value. For example, if a firm issues stock with a par value of $1 per share but sells the stock to investors at $10 per share, the firm's financial statements
 by $0.2 million, $3.0 million and $1.7 million from amounts previously reported in fiscal years 2005, 2004 and 2003, respectively, with corresponding increases in each fiscal year to income taxes payable.

Other Items

The restatement of prior year financial statements will include an adjustment to capital expenditures accrued ac·crue  
v. ac·crued, ac·cru·ing, ac·crues

v.intr.
1. To come to one as a gain, addition, or increment: interest accruing in my savings account.

2.
 at the end of fiscal year 2005 based on an estimate made by the Company at that time. As a result, the Company will increase property, plant and equipment by $5.7 million and construction accounts payable by $5.8 million at the end of fiscal year 2005. The Company will also increase depreciation expense by $97,000 for the fiscal year ended 2005. The Company had previously disclosed non-cash investing and financing transactions in the statement of cash flows totaling $251,000 related to the change in accrued construction accounts payable in fiscal 2005. In the restatement, the Company will amend this disclosure to reflect non-cash investing and financing transactions totaling $8.3 million related to the balance of accrued construction accounts payable at the end of fiscal 2005.

The Company had previously recorded an income tax receivable of $4.2 million at the end of fiscal year 2005. As a result of the increases in income taxes payable, the Company will reduce accounts receivable accounts receivable n. the amounts of money due or owed to a business or professional by customers or clients. Generally, accounts receivable refers to the total amount due and is considered in calculating the value of a business or the business' problems in paying  in fiscal year 2005 by $4.2 million and increase income tax payable by $0.2 million.

The restatement of prior year financial statements will also include the adjustments for other errors not recorded when the Company prepared its consolidated financial statements. These errors were not previously recorded because the Company believed the amounts of these errors, both individually and in the aggregate, were not material to the Company's consolidated financial statements. Based on the Company's analysis, the Company determined that its estimated insurance reserves at the end of fiscal year 2005 were overstated o·ver·state  
tr.v. o·ver·stat·ed, o·ver·stat·ing, o·ver·states
To state in exaggerated terms. See Synonyms at exaggerate.



o
 by $3.6 million. As a result, the Company will record a reduction of insurance expense of $3.6 million in fiscal year 2005 and increase insurance expense included in its previously announced preliminary results for the second quarter of 2006 by the same amount. The Company will also recognize additional pre-tax net charges of $297,000 in fiscal year 2005, pre-tax net charges of $188,000 in fiscal year 2004 and pre-tax net credits of $300,000 in fiscal year 2003 due to other errors related to unaccrued expenses and pricing errors. Related to the pricing errors, the Company will also increase property and equipment by $43,000 in fiscal year 2005 and decrease property and equipment by the same amount in fiscal year 2004. Additionally, the Company will reclassify Verb 1. reclassify - classify anew, change the previous classification; "The zoologists had to reclassify the mollusks after they found new species"
class, classify, sort out, assort, sort, separate - arrange or order by classes or categories; "How would you
 $200,000 incurred for state franchise taxes to selling, general and administrative expenses from income taxes in fiscal year 2005 and reduce state income tax expense by approximately $50,000 in 2005 and $418,000 in 2004 due to a correction of its estimated reserve for state income taxes due. The following table reconciles previously reported net income to preliminary restated net income (thousands, except per share data):
[TABLE OMITTED]


Had compensation cost for the Company's stock option plans been determined based on the fair value method at the grant date for awards under those plans consistent with the method prescribed pre·scribe  
v. pre·scribed, pre·scrib·ing, pre·scribes

v.tr.
1. To set down as a rule or guide; enjoin. See Synonyms at dictate.

2. To order the use of (a medicine or other treatment).
 by Statement of Financial Accounting Standards No. 123, "Accounting for Stock Based Compensation," the Company's pro forma As a matter of form or for the sake of form. Used to describe accounting, financial, and other statements or conclusions based upon assumed or anticipated facts.

The phrase pro forma
 net income and earnings per share would have been as follows (thousands, except per share data):
[TABLE OMITTED]


The Company's management will discuss the expected restatement results and the preliminary results for the fourth quarter and fiscal year 2006 on a conference call and simultaneous webcast on March 6, 2007 at 3:30 p.m. Central Time. The webcast can be accessed through the Company's website at www.chuckecheese.com.

Other disclosures related to the restatement and the Company's financial results will be addressed in the Company's amended Annual Report on Form 10-K/A for the fiscal year ended January 1, 2006, amended Quarterly Report on Form 10-Q/A for the quarterly period ended April 2, 2006, Quarterly Reports on Form 10-Q Form 10-Q

See 10-Q.
 for the quarterly periods ended July 2, 2006 and October 1, 2006 and the Annual Report on Form 10-K Form 10-K

A report required by the SEC from exchange-listed companies that provides for annual disclosure of certain financial information.


Form 10-K

See 10-K.
 for the fiscal year ended December 31, 2006 which the Company plans to file as soon as possible.

Certain statements in this press release, other than historical information, may be considered 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.
, within the meaning of 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, and is subject to various risks, uncertainties and assumptions. Should one or more of these risks or uncertainties materialize ma·te·ri·al·ize  
v. ma·te·ri·al·ized, ma·te·ri·al·iz·ing, ma·te·ri·al·iz·es

v.tr.
1. To cause to become real or actual: By building the house, we materialized a dream.
, or should underlying assumptions prove incorrect, actual results may differ from those anticipated, estimated or expected. Among the key factors that may have a direct bearing on CEC's operating results, performance or financial condition are its ability to implement its growth strategies; national, regional and local economic conditions affecting the restaurant/entertainment industry; competition within each of the restaurant and entertainment industries; success of its franchise operations; negative publicity; health epidemics or pandemics; acts of God; terrorists acts; 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.
; demographic trends; fluctuations in quarterly results of operations, including seasonality; government regulations; weather; school holidays; increased commodity, utility, insurance, advertising and labor costs; and the potential impact of the restatement of historical financial statements.

CEC Entertainment, Inc. operates a system of 529 Chuck E. Cheese's <noinclude></noinclude>

Chuck E. Cheese's is a chain of family entertainment centers. The concept centers around a basic sit-down pizza restaurant, complemented by arcade games, small rides, animatronic characters, and other popular diversions for young
 restaurants in 48 states, of which 484 are owned and operated by the Company.
[TABLE OMITTED]


Note: 2005 earnings have been adjusted for equity based compensation expense related to the Company's implementation of FAS 123R in the first quarter of 2006. These preliminary results are subject to adjustment for matters relating to the continued review of the Company's consolidated financial statements.
[TABLE OMITTED]
COPYRIGHT 2007 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2007, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Article Type:Financial report
Date:Mar 6, 2007
Words:2633
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