First BanCorp Reports Financial Results for the Third Quarter Ended September 30, 2009.* Reported a net loss of $165.2 million, or $1.89 per diluted di·lute tr.v. di·lut·ed, di·lut·ing, di·lutes 1. To make thinner or less concentrated by adding a liquid such as water. 2. To lessen the force, strength, purity, or brilliance of, especially by admixture. share, which includes a $152.2 million 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. to increase the deferred tax asset valuation allowance * Reported a pre-tax loss of $51.7 million, compared to a pre-tax loss of $176.7 million for the second quarter of 2009 and a pre-tax gain of $20.8 million for the third quarter of 2008 * Recorded a provision for loan and lease losses of $148.1 million, which exceeded net charge-offs for the quarter by $63.7 million, compared to a provision of $235.2 million for the second quarter of 2009 and $55.3 million for the third quarter of 2008 * Net interest income, excluding fair value adjustments, increased to $132.2 million, an increase of $3.6 million compared to the second quarter of 2009; net interest margin, excluding fair value adjustments, increased to 2.68%, up 4 basis points compared to the second quarter of 2009 * Recorded a realized gain Realized Gain A gain resulting from selling an asset at a price higher than the original purchase price. Notes: There may be tax consequences for a realized profit. on sale of investments of $34.3 million, compared to $10.3 million for the second quarter of 2009 * Reported non-interest expenses of $82.8 million, a decrease of $13.2 million compared to the second quarter of 2009; efficiency ratio of 46.21% compared to 62.16% for the second quarter of 2009 * Total non-performing loans A non-performing loan is a loan that is in default or close to being in default. Many loans become non-performing after being in default for 3 months, but this can depend on the contract terms. increased by $367.5 million to $1.54 billion as of September 30, 2009, while the allowance for loan and lease losses to total loans coverage ratio increased to 3.43% from 3.11% as of June 30, 2009 * Estimated Tier 1 Capital Tier 1 Capital A term used to describe the capital adequacy of a bank. Tier I capital is core capital, this includes equity capital and disclosed reserves. Notes: Equity capital includes instruments that can't be redeemed at the option of the holder. Ratio of 12.5%, estimated Total Capital Ratio of 13.8% and estimated Leverage Ratio of 9.0%; estimated Tier 1 and Total Regulatory Capital exceeded the well-capitalized minimum by $937 million and $545 million, respectively SAN JUAN, Puerto Rico San Juan (IPA: [saŋ hwaŋ]) (from the Spanish San Juan Bautista, "Saint John the Baptist") is the capital and largest municipality on Puerto Rico. -- First BanCorp
First BanCorp is a financial holding company located in San Juan, Puerto Rico, which offers a full range of financial services in Puerto Rico, US Virgin Islands, the British Virgin Islands, and (the "Corporation") (NYSE NYSE See: New York Stock Exchange : FBP FBP Fructose Bisphosphate FBP Filtered Back-Projection (algorithm) FBP Filtered Back Projection FBP Federal Bureau of Prisons FBP Final Boiling Point FBP Friends of the Border Patrol FBP Foreign Buyer Program FBP Full Blood Picture ) today reported a net loss for the quarter ended September 30, 2009 of $165.2 million, compared to a net loss of $78.7 million for the quarter ended June 30, 2009, and net income of $24.5 million for the quarter ended September 30, 2008. For the nine-month period ended September 30, 2009, the Corporation incurred a net loss of $222.0 million, compared to net income of $91.1 million for the same period in 2008. The third quarter and nine months losses for 2009 were largely driven by a non-cash charge of $152.2 million to increase the deferred tax asset valuation allowance and a provision for loan and lease losses in the amount of $148.1 million and $442.7 million for the quarter and nine-month period ended September 30, 2009, respectively. On a pre-tax basis, the Corporation reported a $51.7 million loss for the quarter ended September 30, 2009, compared to a loss of $176.7 million for the quarter ended June 30, 2009 and a gain of $20.8 million for the quarter ended September 30, 2008. For the nine-month period ended September 30, 2009, the pre-tax loss was $220.8 million compared to a gain of $70.2 million for the same period of 2008. This press release should be read in conjunction with the accompanying tables (Exhibit A), which are an integral part of this press release. Mr. Aurelio Aleman, Chief Executive Officer of First BanCorp, commented, "The Corporation updated its analysis of its deferred tax asset and concluded that the valuation allowance for this asset needed to be increased by approximately $152.2 million. This increase in the valuation allowance for the deferred tax asset is a non-cash charge and has no impact on the Corporation's operations, cash flows and liquidity and has minimal impact on regulatory tier 1 and total capital ratios. Future improvement in the Corporation's financial performance and a return to profitability could permit us to reverse the valuation allowance through earnings. Our capital continues to be comfortably higher than the regulatory minimum to be considered a well-capitalized financial institution." Regarding the third quarter performance, Mr. Aleman said, "While the Corporation's results, setting aside the valuation allowance, improved slightly in the third quarter as evidenced by a narrowing of the pre-tax loss when compared to the second quarter, we have more work ahead to unlock the earnings potential of First BanCorp. Further asset deterioration de·te·ri·o·ra·tion n. The process or condition of becoming worse. , that required an increase in the provision for loan and lease losses, remains a key hurdle HURDLE, Eng. law. A species of sledge, used to draw traitors to execution. in our return to profitability. While the provision was lower in the third quarter than in the second quarter, it remains substantially higher than the Corporation's historic loan and lease loss provisions. Our expectation is that relatively high delinquencies in residential and commercial credits and weakened weak·en tr. & intr.v. weak·ened, weak·en·ing, weak·ens To make or become weak or weaker. weak en·er n. consumer economic conditions will
continue until the Federal and Commonwealth stimulus stimulus /stim·u·lus/ (stim´u-lus) pl. stim´uli [L.] any agent, act, or influence which produces functional or trophic reaction in a receptor or an irritable tissue. programs have their
intended effect of reigniting the respective economies of our
markets."
"We have been taking firm actions to improve our asset quality with additional resources and experienced talent at all fronts. We have improved revenue and controllable expenses during these unprecedented times. The Corporation has achieved an improvement in fee income, a reduction in the cost of funds Cost of Funds The interest rate paid on an outstanding loan. Notes: Money isn't free! Cost of funds is the cost of borrowing money. See also: Interest Rate Cost of funds Interest rate associated with borrowing money. and a widening of interest rate margins, despite increases in non-performing loans. In addition, our lines of business and support units have collectively reduced non-interest expenses consistent with our Business Rationalization rationalization, in psychology: see defense mechanism. Plan, which continues to be one of our priorities. As we move forward, we have identified additional opportunities for non-interest income and further reductions of our cost of doing business," noted Mr. Aleman. Mr. Aleman remarked with regard to the Florida region, "Though the economy in the region continues to be weak, a renewed interest by real estate investors A real estate investor is someone who actively or passively invests in real estate. An active investor may buy a property, make repairs and/or improvements to the property, and sell it later for a profit. in new, used and foreclosed properties suggests potential stabilization Stabilization The action undertakes a country when it buys and sells its own currency to protect its exchange value. Actions registered competitive traders undertake by on the NYSE to meet the exchange requirement that 75% of their traded be stabilizing, meaning that sell orders that should improve our franchise performance in the state. The restructuring restructuring - The transformation from one representation form to another at the same relative abstraction level, while preserving the subject system's external behaviour (functionality and semantics). and consolidation of our Florida operations have resulted in efficiencies, while the hiring of additional experienced banking professionals positions our business well towards the future. The Florida region continues to be an attractive market for generating deposits." Mr. Aleman continued, "In my new role as CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board. , I am determined to return First BanCorp to profitability and maximize shareholder value. We remain focused on fortifying and leveraging our strength as the second largest banking franchise in Puerto Rico Puerto Rico (pwār`tō rē`kō), island (2005 est. pop. 3,917,000), 3,508 sq mi (9,086 sq km), West Indies, c.1,000 mi (1,610 km) SE of Miami, Fla. , and the largest in the Virgin Islands, executing our core business strategies to continue achieving organic growth and providing the best financial solutions and customer service in the industry to our clients. In addition, we will continue to be a proactive contributor to the economies of our markets, thereby improving the well being of our clients, employees and stockholders." "Our strategy is to protect and improve our capital position to manage the challenges due to the continued recession, but also to enhance our opportunities to participate in the economic recovery. In order to ensure that the Corporation is positioned effectively to execute its business plans, the Board of Directors and management consistently monitor and evaluate the capital structure of First BanCorp," concluded Mr. Aleman. THIRD QUARTER PERFORMANCE DISCUSSION Net Interest Income 2009 Third Quarter versus 2009 Second Quarter Compared with the 2009 second quarter, net interest income, excluding fair value adjustments ("valuations") on derivatives derivatives In finance, contracts whose value is derived from another asset, which can include stocks, bonds, currencies, interest rates, commodities, and related indexes. Purchasers of derivatives are essentially wagering on the future performance of that asset. and financial liabilities measured at fair value, increased $3.6 million, or 3%. This reflected a 4 basis point increase in the net interest margin to 2.68% from 2.64%. The following table reconciles net interest income 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 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 in the United States of America UNITED STATES OF AMERICA. The name of this country. The United States, now thirty-one in number, are Alabama, Arkansas, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Mississippi, Missouri, New Hampshire, (GAAP GAAP See: Generally Accepted Accounting Principles GAAP See generally accepted accounting principles (GAAP). ) to net interest income, excluding valuations, and to net interest income on a tax-equivalent basis. Net interest income on a tax-equivalent basis and net interest income, excluding valuations on derivative instruments Derivative instruments Contracts such as options and futures whose price is derived from the price of an underlying financial asset. and financial liabilities, are non-GAAP measures (see Basis of Presentation below for a full discussion). [TABLE OMITTED] The increase in the net interest margin, excluding valuations, resulted from continuous measures taken to improve loan pricing and spreads and from lower funding costs. Net interest income, excluding valuations, increased despite the adverse effect on interest income of the increase in non-performing loans. The decrease in the Corporation's average cost of funds is related to the current low level of short-term interest rates Short-term interest rates Interest rates on loan contracts-or debt instruments such as Treasury bills, bank certificates of deposit or commerical paper-having maturities of less than one year. Often called money market rates. and the use of short-term Short-term Any investments with a maturity of one year or less. short-term 1. Of or relating to a gain or loss on the value of an asset that has been held less than a specified period of time. borrowings as a measure of interest rate risk management to match the shortening in the average life of the investment portfolio. The current low interest rate levels made available the issuance of new short-term brokered CDs at rates significantly lower than those that matured. Short-term repurchase agreements Repurchase agreement An agreement with a commitment by the seller (dealer) to buy a security back from the purchaser (customer) at a specified price at a designated future date. and Federal Home Loan Bank (FHLB FHLB Federal Home Loan Bank ) and Federal Reserve (FED) advances continue to be cost effective funding alternatives. Also, the decrease in funding costs reflected the benefit of lower deposit pricing. Partially offsetting the aforementioned a·fore·men·tioned adj. Mentioned previously. n. The one or ones mentioned previously. aforementioned Adjective mentioned before Adj. 1. positive factors was a decrease in the average volume of interest-earning assets, which includes a decrease of $179.1 million in the average volume of loans. The decrease in the average volume of loans was mainly related to the repayment of a $500 million loan facility extended to the Puerto Rico Sales Tax sales tax, levy on the sale of goods or services, generally calculated as a percentage of the selling price, and sometimes called a purchase tax. It is usually collected in the form of an extra charge by the retailer, who remits the tax to the government. Financing Corp. (COFINA, under its Spanish Spanish, river, c.150 mi (240 km) long, issuing from Spanish Lake, S Ont., Canada, NW of Sudbury, and flowing generally S through Biskotasi and Agnew lakes to Lake Huron opposite Manitoulin island. There are several hydroelectric stations on the river. acronym acronym: see abbreviation. A word typically made up of the first letters of two or more words; for example, BASIC stands for "Beginners All purpose Symbolic Instruction Code. ), an instrumentality Instrumentality Notes issued by a federal agency whose obligations are guaranteed by the full-faith-and-credit of the government, even though the agency's responsibilities are not necessarily those of the US government. of the Government of Puerto Rico The Government of Puerto Rico is a commonwealth within the United States consisting of a national and state government and 78 administrative sub-divisions called municipalities. The government was created in 1952 by the enactment of the Constitution of Puerto Rico. , that was outstanding for almost the entire second quarter of 2009 until it was paid-off on June 18, 2009. During the third quarter of 2009, the Corporation entered into a new $500 million credit facility with COFINA of which $250 million was disbursed in the latter part of the quarter, and thus, the full $500 million is not reflected in the average loan balances for the third quarter. Also contributing to the decline in average loans were payoffs, balance reductions and charge-offs on construction and consumer loans. 2009 Third Quarter versus 2008 Third Quarter Net interest income, excluding valuations, decreased $8.1 million, or 6%, from the third quarter of 2008. Net interest income, excluding valuations, was adversely impacted by lower loan yields, resulting mainly from the significant increase in non-accrual loans and from the repricing Repricing To change the price of an asset. In derivatives, it sometimes refers to the exchange of options of with different strike prices. repricing of variable-rate Variable-rate A varible-rate agreement, as distinguished from a fixed-rate agreement, calls for an interest rate that may fluctuate over the life of the loan. The rate is often tied to an index that reflects changes in market rates of interest. construction and commercial loans tied to short-term indexes. Net interest margin, excluding valuations, decreased from 2.99% for the third quarter of 2008 to 2.68% for the third quarter of 2009. Lower loan yields more than offset the benefit of lower short-term rates in the average cost of funding and the increase in the average volume of interest-earning assets. The average 3-month LIBOR LIBOR See: London Interbank Offered Rate LIBOR See London interbank offered rate (LIBOR). for the third quarter of 2009 was 0.41% compared to 2.91% for the same period a year ago and the Prime Rate dropped to 3.25% from 5.00% as of September 30, 2008. The increase in the average volume of interest-earning assets was mainly driven by the growth of the Corporation's commercial and industrial (C&I) loan portfolio in Puerto Rico. Approximately 40% of the increase in average commercial loans pertained to an average balance of $262.3 million related to credit facilities credit facilities npl → facilidades fpl de crédito credit facilities npl → facilités fpl de paiement credit facilities extended to the Puerto Rico Government (see the Financial Condition and Operating Data section below for a full discussion about credit extended to the Puerto Rico Government). Provision for Loan and Lease Losses The provision for loan and lease losses for the third quarter of 2009 was $148.1 million, down $87.1 million from the prior quarter and up $92.8 million from the third quarter of 2008 (see the Credit Quality Performance section below for a full discussion). Non-interest income 2009 Third Quarter versus 2009 Second Quarter Non-interest income increased $26.6 million to $50.0 million, from the 2009 second quarter. The increase in non-interest income reflected: * A $24.0 million increase in realized gains on the sale of investment securities, primarily reflecting a $28.3 million gain on the sale of U.S. agency mortgage-backed securities Mortgage-backed securities (MSBs) Securities backed by a pool of mortgage loans. (MBS See Mb/sec. MBS - mobile broadband services ), compared to realized gains on the sale of MBS of $9.4 million in the second quarter of 2009. The recent drop in mortgage pre-payments, as well as future pre-payment estimates, suggests longer expected lives of MBS, which in turn could place the Corporation's balance sheet in an less-than-optimal liability-sensitive position in terms of interest rate risk. In an effort to manage such risk, and taking advantage of favorable fa·vor·a·ble adj. 1. Advantageous; helpful: favorable winds. 2. Encouraging; propitious: a favorable diagnosis. 3. market valuations, approximately $613 million of 5.5% 30-year U.S. agency MBS were sold in the third quarter, which resulted in the realization of a gain. Also, the Corporation realized a gain of $1.9 million on the sale of approximately $98 million of 7-10 Year U.S. Treasury U.S. Treasury Created in 1798, the United States Department of the Treasury is the government (Cabinet) department responsible for issuing all Treasury bonds, notes and bills. Some of the government branches operating under the U.S. Treasury umbrella include the IRS, U.S. Notes, which carried a weighted-average yield of 3.54%, and a gain of $3.8 million on the sale of VISA Class A stock. * A $0.9 million decrease in other-than-temporary impairment Impairment 1. A reduction in a company's stated capital. 2. The total capital that is less than the par value of the company's capital stock. Notes: 1. This is usually reduced because of poorly estimated losses or gains. 2. (OTTI OTTI Office of Travel and Tourism Industries OTTI Other Than Temporarily Impaired OTTI Ostbayrisches Technologie Transfer Institut ) charges through earnings related to the credit loss portion of available-for-sale private label MBS. * A $0.6 million increase in gains from mortgage banking activities. * Also contributing to the increase in non-interest income from the prior quarter was higher fee income, mainly fees on loans and service charges on deposit accounts. 2009 Third Quarter versus 2008 Third Quarter Non-interest income increased $36.1 million to $50.0 million, from the third quarter of 2008. The increase in non-interest income reflected: * A $34.1 million increase in realized gains on the sale of investment securities, due to the aforementioned sales of MBS, U.S. Treasury Notes and VISA stock. * A $1.8 million increase in gains from mortgage banking activities, due to the increased volume of loan sales and securitizations. Servicing assets recorded at the time of sale amounted to $1.7 million for the third quarter of 2009, compared to $0.4 million for the same quarter a year ago, an increase mainly related to $1.4 million of capitalized Capitalized Recorded in asset accounts and then depreciated or amortized, as is appropriate for expenditures for items with useful lives longer than one year. servicing assets in connection with the securitization Securitization The process of creating a financial instrument by combining other financial assets and then marketing them to investors. Notes: Mortgage backed securities are a perfect example of securitization. May also be spelled as "securitisation. of approximately $74 million FHA/VA mortgage loans into GNMA GNMA abbr. Government National Mortgage Association MBS. For the first time in several years, the Years, The the seven decades of Eleanor Pargiter’s life. [Br. Lit.: Benét, 1109] See : Time Corporation has been engaged in the securitization of mortgage loans in 2009. * Other increases in non-interest income include higher fees on loans, service charges on deposit accounts, ATM fee income and fees from services to corporate customers. Non-interest expenses 2009 Third Quarter versus 2009 Second Quarter Non-interest expenses decreased $13.2 million to $82.8 million, from the 2009 second quarter. The decrease in non-interest expenses reflected: * An $8.0 million decrease in FDIC FDIC See: Federal Deposit Insurance Corporation FDIC See Federal Deposit Insurance Corporation (FDIC). assessment fees, as the prior quarter includes $8.9 million of the FDIC special assessment. * A $2.2 million decrease in occupancy and equipment expenses, as the prior quarter includes accruals Accruals Accounts on a balance sheet that represent liabilities and non-cash-based assets used in accrual-based accounting. These accounts include, among many others, accounts payable, accounts receivable, goodwill, future tax liability and future interest expense. of $2.6 million for the reassessed value of certain real properties. * A $1.6 million decrease in the net loss of real estate owned Real Estate Owned Property owned by a lender - usually a bank - after an unsuccessful sale at a foreclosure auction. This is common because most of the properties up for sale at these auctions are worth less than the total amount owed to the bank: the minimum bid in most (REO reo Noun NZ a language [Maori] ) operations, as the prior quarter includes a $1.5 million write-down Write-Down Reducing the book value of an asset because it is overvalued compared to the market value. Notes: This is usually reflected in the company's income statement as an expense, thereby reducing net income. to a foreclosed condo-conversion project in Florida. Also contributing to the decrease were lower taxes and maintenance and operating expenses Operating expenses The amount paid for asset maintenance or the cost of doing business, excluding depreciation. Earnings are distributed after operating expenses are deducted. related to properties in Florida partially offset by an increase of $0.9 million in write-downs to repossessed properties in Puerto Rico. * A $1.0 million decrease in business promotion expenses, as compared to a higher level of marketing activities in the prior quarter. All other non-interest expenses were relatively stable as management has worked to control costs through its corporate-wide Business Rationalization initiative. 2009 Third Quarter versus 2008 Third Quarter Non-interest expenses increased $0.4 million to $82.8 million, from the third quarter of 2008. The slight increase in non-interest expenses is mainly related to: * An increase of $3.9 million in the FDIC deposit insurance premium, related to increases in regular assessment rates, which is an uncontrollable expense. The increase was almost entirely offset by reductions of $3.5 million in controllable expenses such as reductions in employees' compensation and benefits expenses, mainly due to a decrease in the accrual accrual, n continually recurring short-term liabilities. Examples are accrued wages, taxes, and interest. of bonuses, as well as reductions in business promotion, occupancy, REO losses and taxes (other than income taxes) expenses, partially offset by an increase in professional fees. Management is intensely focused on managing risks, controlling expenses and improving profitability. The efficiency ratio for the third quarter of 2009 was 46.21% compared to 51.97% for the same period in 2008. Income Taxes 2009 Third Quarter versus 2009 Second Quarter For the quarter ended September 30, 2009, the Corporation recognized an income tax expense of $113.5 million, compared to an income tax benefit of $98.1 million recorded for the second quarter of 2009. The recognition of an income tax expense for the quarter mainly resulted from the non-cash charge of approximately $152.2 million to increase the valuation allowance for the Corporation's deferred tax asset. Accounting for income taxes requires that companies assess whether a valuation allowance should be recorded against their deferred tax assets based on the consideration of all available evidence, using a "more likely than not" realization standard. In making such assessment, significant weight is to be given to evidence that can be objectively verified ver·i·fy tr.v. ver·i·fied, ver·i·fy·ing, ver·i·fies 1. To prove the truth of by presentation of evidence or testimony; substantiate. 2. . In accordance with authoritative accounting guidance, the Corporation has evaluated its deferred tax assets each reporting period, including an assessment of its cumulative income/loss over the prior three-year period, expected profits in future periods and tax planning Tax planning Devising strategies throughout the year in order to minimize tax liability, for example, by choosing a tax filing status that is most beneficial to the taxpayer. strategies available, to determine if a valuation allowance was required. Accounting guidance requires that a valuation allowance be established after an evaluation of all positive and negative evidence. A significant negative factor was that the Corporation's banking subsidiary FirstBank Puerto Rico is in a three-year historical cumulative loss as of the end of the third quarter of 2009, mainly as a result of charges to the provision for loan and lease losses during 2009 arising from the impact of the economic downturn Downturn The transition point between a rising, expanding economy to a falling, contracting one. downturn A decline in security prices or economic activity following a period of rising or stable prices or activity. . This, combined with uncertain near-term market and economic conditions, reduced the Corporation's ability to rely on projections of future taxable income Under the federal tax law, gross income reduced by adjustments and allowable deductions. It is the income against which tax rates are applied to compute an individual or entity's tax liability. The essence of taxable income is the accrual of some gain, profit, or benefit to a taxpayer. in assessing the realization of its deferred tax assets and resulted in the increase of the valuation allowance. In future quarters, to the extent the realization of a portion, or all, of the tax asset becomes "more likely than not" based on changes in circumstances CIRCUMSTANCES, evidence. The particulars which accompany a fact. 2. The facts proved are either possible or impossible, ordinary and probable, or extraordinary and improbable, recent or ancient; they may have happened near us, or afar off; they are public or (such as, improved earnings, changes in tax laws or other relevant changes), a reversal of that portion of the deferred tax asset valuation allowance will then be recorded. The increase in the valuation allowance does not have any impact on the Corporation's liquidity, nor does such an allowance preclude pre·clude tr.v. pre·clud·ed, pre·clud·ing, pre·cludes 1. To make impossible, as by action taken in advance; prevent. See Synonyms at prevent. 2. the Corporation from using tax losses, tax credits or other deferred tax assets in the future. The increase in the valuation allowance is not a result of a change in management's view of the Corporation's near or long-term outlook. Also contributing to the fluctuation Fluctuation A price or interest rate change. in the income tax provision, was a reduction in deferred taxes recorded in the quarter, as compared to the second quarter of 2009, mainly related to the lower provision for loan and lease losses, and the fact that the second quarter benefit includes the reversal of approximately $16.1 million in Unrecognized Tax Benefits (UTBs) for positions taken on income tax returns due to the lapse (language) LAPSE - A single assignment language for the Manchester dataflow machine. ["A Single Assignment Language for Data Flow Computing", J.R.W. Glauert, M.Sc Diss, Victoria U Manchester, 1978]. of the statute of limitations A type of federal or state law that restricts the time within which legal proceedings may be brought. Statutes of limitations, which date back to early Roman Law, are a fundamental part of European and U.S. law. for the 2004 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. . Such reversal was higher than the reversal in the third quarter of $2.9 million of the remaining UTBs in connection with an agreement with the Puerto Rico Department of Treasury that concludes an income tax audit related to taxable years 2005, 2006, 2007 and 2008. 2009 Third Quarter versus 2008 Third Quarter The income tax expense recorded in the third quarter of 2009 was $113.5 million compared to an income tax benefit of $3.7 million for the third quarter of 2008. The fluctuation is mainly a result of the $152.2 million non-cash charge to increase the deferred tax asset valuation allowance, as described above. Partially offsetting the impact of the current quarter increase in the valuation allowance, was the favorable tax benefit recorded due to the increase in the provision for loan and lease losses and the $2.9 million reversal of UTBs during the third quarter of 2009. The income tax provision in 2009 was also impacted by adjustments to deferred tax amounts as a result of changes to the enacted rates under the Puerto Rico 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. of 1994, as amended a·mend v. a·mend·ed, a·mend·ing, a·mends v.tr. 1. To change for the better; improve: amended the earlier proposal so as to make it more comprehensive. 2. (the "PR Code"). On March 9, 2009, the Government of Puerto Rico approved Act No. 7 (the "Act") to stimulate Puerto Rico's economy and to reduce the Puerto Rico Government's fiscal deficit. The Act imposes a series of temporary and permanent measures, including the imposition The printing of pages on a single sheet of paper in a particular order so that they come out in the correct sequence when cut and folded. of a 5% surtax An additional charge on an item that is already taxed. A surtax is a tax on a tax. For example, if a person pays one hundred dollars of tax on one thousand dollars of income, a 5 percent surtax would amount to an additional five dollars. over the total income tax determined, which is applicable to corporations, among others, whose combined income exceeds $100,000. In addition, under the Act, all International Banking Entities ("IBEs") are subject to a special 5% tax on their net income not otherwise subject to tax pursuant to the PR Code. These two temporary measures are effective for tax years that commenced after December 31, 2008 and before January 1, 2012. The effect of a higher temporary statutory tax rate over the normal statutory tax rate resulted in an additional income tax benefit of $0.5 million that was offset by an income tax provision of $2.2 million for the third quarter of 2009 related to the special 5% tax on the operations of the Corporation's IBE IBE International Bureau of Education IBE Internet Booking Engine IBE Institut für Medizinische Informationsverarbeitung, Biometrie Und Epidemiologie (LMU, Muenchen, Germany) IBE Ion Beam Etching subsidiary. Deferred tax amounts have been adjusted for the effect of the change in the income tax rate considering the enacted tax rate expected to apply to taxable income in the period in which the deferred tax asset or liability is expected to be settled or realized. As of September 30, 2009, the deferred tax asset, net of a valuation allowance of $157 million, amounted to $108.0 million compared to $217.8 million as of June 30, 2009. Pre-Tax, Pre-Provision Earnings One performance metric that management believes is useful in analyzing performance in times of market economic stress is the level of pre-tax earnings adjusted to exclude the provision for loan and lease losses and certain other items. (See Pre-tax, Pre-Provision earnings in Basis of Presentation for a full discussion of this non-GAAP financial measure). The following table shows pre-tax, pre-provision earnings of $62.3 million in the third quarter of 2009, up 7% from the prior quarter. [TABLE OMITTED] As discussed in the preceding sections, this improvement compared to the second quarter of 2009 primarily reflected lower operating expenses as well as higher fee income and net interest margins. Credit Quality Performance Credit quality performance for the third quarter of 2009 continued to be negatively impacted by the sustained economic weakness and declining real estate values in Puerto Rico and Florida. The following table sets forth an analysis of the allowance for loan and lease losses during the periods indicated: [TABLE OMITTED] Provision for Loan and Lease Losses The provision for loan and lease losses decreased $87.1 million to $148.1 million, or by 37%, compared to the provision recorded for the second quarter of 2009. The decrease is mainly related to lower charges to specific reserves for impaired construction and commercial real estate loans, compared to charges recorded in the previous quarter, since the Corporation has charged-off a significant amount of collateral dependent loans to their collateral value. The lower provision for loan and lease losses was also a result of a slower migration of loans to regulatory substandard substandard, adj below an acceptable level of performance. or doubtful risk categories, compared to the migration observed in the previous quarter, and the fact that previously identified substandard loans were those that caused an increase in impaired loans. The latter reflects that impaired loans were previously identified problem loans with appropriate reserves already established (see Non-performing assets discussion below for additional information). However, the Corporation has consistently added to its reserves across the entire loan portfolio during a weak economic environment. Higher delinquencies, declines in real estate values, recent trends in charge-offs and the sustained deterioration of economic conditions have caused increases in reserve factors for criticized loans. As loans are assigned as·sign tr.v. as·signed, as·sign·ing, as·signs 1. To set apart for a particular purpose; designate: assigned a day for the inspection. 2. to higher risk categories, the calculated reserve increases accordingly, consistent with the Corporation's reserving methodology. Approximately $34.4 million and $43.5 million of the total provision for loan and lease losses recorded in the third quarter of 2009 is related to construction and C&I loans in Puerto Rico, respectively, while $18.1 million pertains to the consumer and finance leases portfolio in Puerto Rico. The continued trend of rising unemployment and the depressed economy negatively impacted borrowers and is reflected in a persistent decline in the volume of sales of new housing, underperformance of other sectors of the economy and deterioration in the current and expected consumer loan credit quality. With respect to the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. loan portfolio, the Corporation recorded a $32.3 million provision for the third quarter of 2009, or $53.4 million lower than the provision recorded in the second quarter of 2009. Most of the provision is related to construction and commercial mortgage loans. The decrease in the provision, compared to charges recorded in the second quarter of 2009, reflects the fact that about 85% of the Corporation's total exposure to construction loans in Florida was already individually measured for impairment, including those collateral dependent loans charged-off to their collateral value, before the beginning of the quarter. As of September 30, 2009, approximately 88%, or $358.7 million of the total exposure to construction loans in Florida was individually measured for impairment. The increase of $92.8 million in the provision for loan and lease losses to $148.1 million for the third quarter of 2009, compared to the same period in 2008, reflects the increased volume of criticized loans, including non-performing and impaired loans, that required higher reserves as well as increases in general reserve factors to account for increases in charge-offs and delinquency delinquency Criminal behaviour carried out by a juvenile. Young males make up the bulk of the delinquent population (about 80% in the U.S.) in all countries in which the behaviour is reported. levels affected by declining real estate values and deteriorated economic conditions in Puerto Rico and Florida. Even though the deterioration in credit quality was observed in all of our portfolios, it was more significant in the construction and commercial loan portfolios, which was affected by the stagnant stagnant /stag·nant/ (stag´nant) 1. motionless; not flowing or moving. 2. inactive; not developing or progressing. housing market and further deterioration in the economies of the markets served. The overall growth of the loan portfolio also contributed to a higher provision in 2009. Net Charge-Offs Total net charge-offs for the third quarter of 2009 were $84.4 million or 2.53% of average loans on an annualized annualized Of or relating to a variable that has been mathematically converted to a yearly rate. Inflation and interest rates are generally annualized since it is on this basis that these two variables are ordinarily stated and compared. basis, compared to $129.9 million or an annualized 3.85% of average loans for the second quarter of 2009. Net charge-offs in the third quarter of 2008 were $25.2 million, or an annualized 0.80%. Current quarter construction loans net charge-offs were $47.3 million, or an annualized 11.80%, down from $82.8 million, or an annualized 20.38% of related loans, in the second quarter of 2009 and up from $1.0 million, or an annualized 0.27%, in the third quarter of 2008. Condo-conversion and residential development projects in Florida continued to represent a significant portion of the losses. There were $19.0 million, $5.3 million and $5.1 million in net charge-offs during the third quarter of 2009 related to condo-conversion, residential and commercial construction projects in Florida, respectively. The Corporation is engaged in continuous efforts to identify alternatives that enable borrowers to repay their loans and protect the Corporation's investments. Also, net charge-offs of $17.9 million were recorded in connection with the construction loan portfolio in Puerto Rico, mainly residential housing projects, including charge-offs of $14.0 million on two relationships. These relationships were previously identified problem credits with prior appropriate reserves established based on impairment analyses. Commercial mortgage loans net charge-offs for the third quarter of 2009 were $5.3 million, or an annualized 1.35%, down from $14.2 million, or an annualized 3.71% of related loans, in the second quarter of 2009. Total commercial mortgage net charge-offs in the third quarter of 2008 were $1.7 million or an annualized 0.50%. The charge-offs were spread in several loans, distributed across our geographic markets. Total C&I net charge-offs for the third quarter of 2009 were $5.6 million, or an annualized 0.49%, down from $13.7 million, or an annualized 1.12% of related loans, in the 2009 second quarter. Total C&I net charge-offs in the third quarter of 2008 were $4.6 million, or an annualized 0.45%. C&I net charge-offs in the third quarter of 2009 were impacted by a charge-off of $4.7 million on a single relationship in Puerto Rico. The remaining charge-offs were concentrated on smaller loans distributed across several industries. Residential mortgage net charge-offs were $10.9 million, or an annualized 1.21% of related average loans. This was up from $3.3 million, or an annualized 0.39% of related average balances in the second quarter of 2009, and from $1.6 million, or an annualized 0.19%, in the third quarter of 2008. The higher loss levels compared with prior quarters were a result of $8.4 million in charge-offs (including $6.0 million in Florida) resulting from updates, for impairment purposes, of residential mortgage loan portfolios considered homogeneous The same. Contrast with heterogeneous. homogeneous - (Or "homogenous") Of uniform nature, similar in kind. 1. In the context of distributed systems, middleware makes heterogeneous systems appear as a homogeneous entity. For example see: interoperable network. given high delinquency and loan-to-value levels, which was negatively impacted by decreases in collateral values. Total residential mortgage loan portfolios evaluated for impairment purposes amounted to $291.5 million as of September 30, 2009 and have been charged-off to their realizable value, representing approximately 66% of the total non-performing residential mortgage loan portfolio outstanding as of September 30, 2009. Historical and expected loss rates are considered when establishing the levels of general reserves for the residential mortgage loan portfolio. Net charge-offs for residential mortgage loans also includes $1.8 million related to the disposition of REO properties within a short-time period after acquisition. Consistent with the Corporation's assessment of the value of properties and current and future market conditions, management is focused on strategies to accelerate the sale of REO properties. The ratio of net charge-offs to average loans on the Corporation's residential mortgage loan portfolio of 1.21% for the quarter ended September 30, 2009 is still lower than the approximately 2.3% average charge-off rate for commercial banks in the U.S. mainland reported for the second quarter of 2009. The Puerto Rico housing market has not seen the dramatic decline in housing prices that affected the U.S. mainland; however, there is currently an oversupply o·ver·sup·ply n. pl. o·ver·sup·plies A supply in excess of what is appropriate or required. tr.v. o·ver·sup·plied, o·ver·sup·ply·ing, o·ver·sup·plies of housing units compounded by a lower demand for housing due to diminished di·min·ish v. di·min·ished, di·min·ish·ing, di·min·ish·es v.tr. 1. a. To make smaller or less or to cause to appear so. b. consumer purchasing power Purchasing Power 1. The value of a currency expressed in terms of the amount of goods or services that one unit of money can buy. Purchasing power is important because, all else being equal, inflation decreases the amount of goods or services you'd be able to purchase. 2. and confidence. Total consumer and finance leases net charge-offs in the third quarter of 2009 were $15.3 million, or an annualized 3.09%, compared to net charge-offs of $15.8 million, or annualized 3.12%, for the second quarter of 2009. Net charge-offs for the third quarter of 2009 were down on an absolute basis from net charge-offs for the third quarter of 2008. However, as a result of a 9% decline in average loans, annualized net charge-offs as a percent of related loans increased to 3.09% from 2.98% for the third quarter of 2008. The following table presents annualized net charge-offs to average loans held-in-portfolio: [TABLE OMITTED] The above ratios are based on annualized net charge-offs and are not necessarily indicative of the results expected for the entire year or in subsequent periods. The following table presents net charge-offs (annualized) to average loans held-in-portfolio by geographic segment: [TABLE OMITTED] Non-Performing Assets Total non-performing assets as of September 30, 2009 amounted to $1.68 billion, compared to $1.31 billion as of June 30, 2009 and $552.9 million as of September 30, 2008. The increase in non-performing assets since June 30, 2009 was led by increases of $155.6 million in C&I loans, $103.2 million in construction loans and $62.1 million in commercial mortgage loans, mainly in Puerto Rico. Also, there were increases of $39.9 million in non-performing residential mortgage loans and of $6.7 million in consumer loans and finance leases. The REO portfolio increased by $9.4 million. The $155.6 million, or 184%, increase in C&I non-performing loans reflects continued stress in the Puerto Rico portfolio, which accounts for $146.1 million of the increase, as a result of further weakened economic conditions. A decline in economic activity spread across different sectors of the economy affected the credit quality of the Corporation's C&I portfolio. C&I non-performing loans in the third quarter of 2009 were impacted by four relationships in Puerto Rico that in the aggregate accounted for $103.0 million or 66% of the increase in C&I non-performing loans. C&I non-performing loans in other geographic segments of the Corporation remained relatively stable with a $1.7 million increase in Florida and a $7.8 million increase in the Virgin Islands. The $103.2 million, or 20%, increase in construction non-performing loans was primarily associated with residential housing construction projects in Puerto Rico, which accounted for approximately 69% of the increase, including a single $65.0 million relationship related to a high-rise residential project. To a lesser extent, construction and land loans for the development of commercial projects in Puerto Rico also contributed to the increase in construction non-performing loans, accounting for approximately 24% of the increase. In Florida, non-performing construction loans increased by approximately $6.5 million. This increase is net of approximately $37.7 million of loans placed in non-accrual status during the third quarter of 2009, including a condo-conversion loan of $18.8 million, and reductions of $31.2 million due to charge-offs, repayments and sales. The $62.1 million, or 46% increase, in non-performing commercial mortgage loans was mainly related to rental and retail businesses in Puerto Rico, which accounted for approximately 75% of the increase. The largest commercial mortgage relationship placed in non-accrual status during the third quarter of 2009 amounted to $16.1 million. The stress of low absorption rates in residential housing projects, lower retail sales and downward pressures on rents continued to adversely affect the construction and commercial mortgage portfolios. In Florida, non-performing commercial mortgage loans increased by $8.2 million spread across several industries. Collateral deficiencies in collateral dependent loans raise doubts about the ultimate ability to collect the principal of the loans, as well as interest, in the current economic environment. At the close of the third quarter of 2009, however, approximately $513.4 million of loans placed in non-accrual status, mainly construction and commercial loans, were current or had delinquencies of under 90 days in their interest payments, and collections are being recorded on a cash basis through earnings, or on a cost-recovery basis, as conditions warrant. In Florida, as sales of units within condo-conversion projects continue to lag, some borrowers reverted re·vert intr.v. re·vert·ed, re·vert·ing, re·verts 1. To return to a former condition, practice, subject, or belief. 2. Law To return to the former owner or to the former owner's heirs. to rental projects. In several of these loans, cash collections cover interest, property taxes, insurance and other operating costs operating costs npl → gastos mpl operacionales associated with the projects. During the third quarter of 2009, interest income of approximately $2.2 million related to a $665.6 million non-performing loan portfolio, mainly non-performing construction and commercial loans, was applied against the related principal balance under the cost-recovery method. The Corporation is evaluating restructuring alternatives to mitigate mit·i·gate v. To moderate in force or intensity. mit i·ga tion n. losses and enable borrowers to repay their loans under revised terms
seeking to preserve the value of the Corporation's interests over
the long-term.
The increase in residential mortgage non-performing loans of $39.9 million is a result of weakened conditions in Puerto Rico's and Florida's economy and the continued trend of higher unemployment rates affecting consumers. The Corporation continues to address existing issues by way of loss mitigation MITIGATION. To make less rigorous or penal. 2. Crimes are frequently committed under circumstances which are not justifiable nor excusable, yet they show that the offender has been greatly tempted; as, for example, when a starving man steals bread to satisfy and loan modification transactions, offering alternatives to avoid foreclosures through internal programs and programs sponsored by the Federal Government. The increase in non-performing residential mortgage loans in Puerto Rico this quarter was $23.2 million, which was 41% lower than the increase of $39.4 million (excluding mortgages purchased in the second quarter associated with a previously reported unwinding transaction with a local financial institution) reported from the first to the second quarter of 2009. The non-performing residential mortgage loan portfolio in Florida increased by $16.9 million compared to the balance as of June 30, 2009, and the non-performing residential mortgage loan portfolio in the Virgin Islands decreased by $0.2 million. The increase in consumer and finance leases non-performing loans of $6.7 million includes an increase of $4.1 million in boat loans. The remaining increase is mainly related to auto loans which are also adversely impacted by weak economic conditions in Puerto Rico. The allowance to non-performing loans ratio as of September 30, 2009 was 30.64%, compared to 34.81% as of June 30, 2009. The decrease in the ratio is attributable in part to the decrease in reserves related to collateral dependent loans that have been charged-off to the extent the loan amount exceeded the value of its collateral or impaired loans that did not require specific reserves based on collateral values or cash flows projections analyses performed. The following table sets forth information concerning the ratio of allowance to non-performing loans (the coverage ratio) as of September 30, 2009 and June 30, 2009 by loan category: [TABLE OMITTED] The following table sets forth information concerning the composition of the Corporation's allowance for loan and lease losses as of September 30, 2009 and June 30, 2009 by loan category and by whether the allowance and related provisions were calculated individually for impairment purposes or through a general valuation allowance. [TABLE OMITTED] Compared to June 30, 2009, the allowance to loans coverage ratio for C&I loans with general allowance decreased as non-criticized C&I loans represents a higher proportion of total loans. Given the present economic outlook in the Corporation's principal markets and in spite of in opposition to all efforts of; in defiance or contempt of; notwithstanding. See also: Spite the actions taken, the Corporation may experience further deterioration in its portfolios, which may result in higher credit losses and additions to reserve balances. Financial Condition and Operating Data Total assets increased to $20.1 billion as of September 30, 2009, up $68.3 million from $20.0 billion as of June 30, 2009. The increase in total assets was primarily a result of an increase of $620.5 million in gross loans, partially offset by a decrease of $354.4 million in investment securities, net of unsettled transactions, and a decrease of $109.9 million in deferred tax assets due to the $152.2 million non-cash charge recorded in the third quarter of 2009 to increase the deferred tax asset valuation allowance. The increase in total gross loans was mainly due to approximately $689 million in credit facilities extended to the Puerto Rico Government, which includes the $500 million extended to COFINA and $189 million extended to the Puerto Rico Government through a revolving credit Revolving Credit A line of credit where the customer pays a commitment fee and is then allowed to use the funds when they are needed. It is usually used for operating purposes, fluctuating each month depending on the customers current cash flow needs. facility. The latter is part of the Corporation's participation for up to $300 million in a syndicate Syndicate organized crime unit throughout major cities of the United States. [Am. Hist.: NCE, 2018] See : Gangsterism structured by another financial institution to support the Commonwealth's 2010 Tax and Revenue Anticipation Notes Revenue Anticipation Note (RAN) A short-term municipal debt issue that will be repaid with anticipated revenues, such as sales taxes, from the project. (TRANs) program. Loan originations The examples and perspective in this article or section may not represent a worldwide view of the subject. Please [ improve this article] or discuss the issue on the talk page. , including purchases and refinancings, for the third quarter of 2009 amounted to $1.4 billion. Refer to Exhibit A - Table 6 for a detailed breakdown of the Corporation's loan portfolio as of September 30, 2009. The Corporation's net decrease in investment securities is mainly related to the sale of approximately $613 million in U.S. agency MBS, of which $463 million are scheduled to settle in October and are recorded as a receivable as of September 30, 2009, and the sale of $98 million in U.S. Treasury Notes. Refer to the Non-interest income discussion above for additional information about sales of investment securities. As of September 30, 2009, total liabilities amounted to $18.4 billion, an increase of approximately $210.1 million, as compared to $18.2 billion as of June 30, 2009. The increase in total liabilities was mainly attributable to an increase of $565.0 million in FED advances and an increase of $257.9 million in brokered CDs issued to finance lending and investing activities. This was partially offset by a decrease of $348.0 million in repurchase agreements, mainly short-term repurchase agreements in the latter part of the quarter, a decrease of $125.0 million in short-term FHLB advances and a reduction of $143.0 million related to an account payable outstanding as of June 30, 2009 for unsettled investments purchases. Total deposits, excluding brokered CDs, increased slightly by $5.4 million, reflecting an increase in non-time deposit accounts (e.g. savings, checking and other demand deposit accounts) of $265.0 million, partially offset by a decrease of $259.6 million in certificates of deposit. The Corporation's stockholders' equity Stockholders' Equity The portion of the balance sheet that includes capital received from investors in exchange for stock (paid-in capital), donated capital, and retained earnings. This is equal to total assets minus liabilities, preferred stock and intangible assets. amounted to $1.7 billion as of September 30, 2009, a decrease of $141.8 million compared to the balance as of June 30, 2009, driven by the net loss of $165.2 million and preferred dividends preferred dividend n. a payment of a corporation's profits to holders of preferred shares of stock. (See: preferred stock) paid in July amounting to $3.36 million, partially offset by an increase of $26.7 million in accumulated other comprehensive income In 1997 the Financial Accounting Standards Board issued a Statement on Financial Accounting Standards entitled “Comprehensive Income”. This statement required all income statement items to be reported either as a regular item in the income statement and or a special item as related to changes in the fair value of investment securities. As previously reported, the Corporation decided to suspend the payment of common and preferred dividends, effective with the preferred dividend for the month of August 2009. The Corporation is well-capitalized, having considerable margins over minimum well-capitalized regulatory requirements Regulatory requirements are part of the process of drug discovery and drug development. Regulatory requirements describe what is necessary for a new drug to be approved for marketing in any particular country. . As of September 30, 2009, the total regulatory capital ratio is estimated to be close to 13.8% and the Tier 1 capital ratio is estimated to be close to 12.5%. This translates to approximately $545 million and $937 million of total capital and Tier 1 capital, respectively, in excess of minimum well-capitalized requirements of 10% and 6%, respectively. A key priority for the Corporation is to maintain a sound capital position to absorb potential future credit losses should the economic environment continue to worsen wors·en tr. & intr.v. wors·ened, wors·en·ing, wors·ens To make or become worse. worsen Verb to make or become worse worsening adjn . The Corporation's tangible common equity ratio was at 3.62% as of September 30, 2009, compared to 4.35% as of June 30, 2009, and the Tier 1 common equity to risk-weighted assets Risk-Weighted Assets In terms of the minimum amount of capital that is required within banks and other institutions, based on a percentage of the assets, weighted by risk. Notes: The idea of risk-weighted assets is a move away from having a static requirement for capital. ratio as of September 30, 2009 was 4.51% compared to 4.73% as of June 30, 2009. See Basis of Presentation below for a discussion of these non-GAAP measures. The following table is a reconciliation of the Corporation's tangible common equity and tangible assets Tangible Asset An asset that has a physical form such as machinery, buildings and land. Notes: This is the opposite of an intangible asset such as a patent or trademark. Whether an asset is tangible or intangible isn't inherently good or bad. for the periods ended September 30, 2009, June 30, 2009 and September 30, 2008, respectively: [TABLE OMITTED] The following table reconciles stockholders' equity (GAAP) to Tier 1 common equity: [TABLE OMITTED] Liquidity During the third quarter, the Corporation continued managing its liquidity in a proactive manner, and maintained a position believed to be more than adequate to face its expected and unexpected needs. Multiple measures are utilized to monitor the liquidity position, including basic surplus and volatile liabilities measures. Among the actions taken in recent months to bolster This article is about the pillow called a bolster. For other meanings of the word "bolster", see bolster (disambiguation). A bolster (etymology: Middle English, derived from Old English, and before that the Germanic word bulgstraz the liquidity position and to safeguard its access to credit were, the posting of additional collateral to the FHLB and to the FED, thereby increasing borrowing capacity. The Corporation has also maintained the basic surplus (cash, short-term assets minus short-term liabilities, and secured lines of credit) well in excess of the self-imposed minimum limit of 5% of total assets. As of September 30, 2009, the estimated basic surplus ratio of approximately 11.2% included un-pledged assets, FHLB lines of credit, collateral pledged at the Federal Reserve Bank' Borrower in Custody Program, and cash. At the end of the quarter, the Corporation has $1.4 billion of FHLB and FED borrowing capacity. Un-pledged liquid securities as of September 30, 2009 mainly consisted of fixed-rate MBS and U.S. agency debentures totaling approximately $677.6 million, which can be sold under agreements to repurchase re·pur·chase tr.v. re·pur·chased, re·pur·chas·ing, re·pur·chas·es To buy (something) again. n. The act of buying something that one previously sold or owned. Noun 1. . The Corporation does not rely on uncommitted inter-bank lines of credit (federal funds Federal Funds Funds deposited to regional Federal Reserve Banks by commercial banks, including funds in excess of reserve requirements. Notes: These non-interest bearing deposits are lent out at the Fed funds rate to other banks unable to meet overnight reserve lines) to fund its operations and does not include them in the basic surplus computation Computation is a general term for any type of information processing that can be represented mathematically. This includes phenomena ranging from simple calculations to human thinking. . Basis of Presentation Use of Non-GAAP Financial Measures This earnings press release contains GAAP financial measures and non-GAAP financial measures. Non-GAAP financial measures are set forth when management believes they will be helpful to an understanding of the Corporation's results of operations or financial position. Where non-GAAP financial measures are used, the comparable GAAP financial measure, as well as the reconciliation to the comparable GAAP financial measure, can be found in the text or in the attached tables of this earnings release. Pre-tax, Pre-provision Earnings One non-GAAP performance metric that management believes is useful in analyzing underlying performance trends, particularly in times of economic stress, is pre-tax, pre-provision earnings. Pre-tax, pre-provision earnings, as defined by management, represents net (loss) income excluding income tax (benefit) expense, the provision for loan and lease losses, gains on sale and OTTI of investment securities, as well as certain items identified as unusual, non-recurring or non-operating. From time to time, revenue and expenses are impacted by items judged by management to be outside of ordinary banking activities and/or by items that, while they may be associated with ordinary banking activities, are so unusually large that management believes to be non-recurring. These items result from factors originating outside the Corporation such as regulatory actions/assessments, and may result from unusual management decisions, such as the impairment of intangibles. Management believes the disclosure of items identified as unusual, non-recurring or non-operating in current and prior period results aids analysts/investors in better understanding corporate performance and trends so that they can evaluate their impact on their expectations of the Corporation's performance, and in their estimates of the Corporation's future performance. Items identified as unusual, non-recurring or non-operating for any particular period are not intended to be a complete list of items that have materially impacted current or may impact materially future period performance. Net interest income, excluding valuations and on a tax-equivalent basis Net interest income, interest rate spread and net interest margin are reported on a tax equivalent basis and excluding the unrealized changes in the fair value of derivative instruments and financial liabilities elected to be measured at fair value. The presentation of net interest income excluding valuations provides additional information about the Corporation's net interest income and facilitates comparability and analysis. The changes in the fair value of derivative instruments and unrealized gains Unrealized Gain A profit that results from holding on to an asset rather than cashing it in and using the funds. Notes: Let's say you own a stock that has doubled, but you haven't sold it yet. This is said to be an unrealized gain. and losses on liabilities measured at fair value have no effect on interest due or interest earned on interest-bearing liabilities or interest-earning assets, respectively. The tax equivalent adjustment to net interest income recognizes the income tax savings when comparing taxable and tax-exempt assets and assumes a marginal income tax rate, as described in Exhibit A -- Table 2. Income from tax-exempt earning assets Earning Assets Any income-earning asset owned by a company. Notes: These assets are generally interest-bearing accounts, bonds, and securities available for sale. See also: Asset, Asset Valuation, Earnings, Net Interest Margin is increased by an amount equivalent to the taxes that would have been paid if this income had been taxable at statutory rates. Management believes that it is a standard practice in the banking industry to present net interest income, interest rate spread and net interest margin on a fully tax equivalent basis. This adjustment puts all earning assets, most notably tax-exempt securities Tax-exempt security An obligation whose interest is tax-exempt, often called a municipal bond, offered by a country, state, town, or any political district. and certain loans, on a common basis that facilitates comparison of results to results of peers. Tangible common equity ratio and Tangible book value per common share Book Value Per Common Share A measure used by owners of common shares in a firm to determine the level of safety associated with each individual share after all debts are paid accordingly. Formula: The tangible common equity ratio and tangible book value per common share are non-GAAP measures generally used by financial analysts and investment bankers Investment Banker A person representing a financial institution that is in the business of raising capital for corporations and municipalities. Notes: An investment banker may not accept deposits or make commercial loans. to evaluate capital adequacy. Tangible common equity is total equity less preferred equity, goodwill and core deposit intangibles. Tangible assets are total assets less goodwill and core deposit intangibles. Management and many stock analysts use the tangible common equity ratio and tangible book value per common share in conjunction with more traditional bank capital ratios to compare the capital adequacy of banking organizations with significant amounts of goodwill or other intangible assets Intangible Asset An asset that is not physical in nature. Notes: Examples are things like copyrights, patents, intellectual property, and goodwill. These are the opposite of tangible assets. , typically stemming from the use of the purchase accounting method of accounting for mergers and acquisitions. Neither tangible common equity nor tangible assets or related measures should be considered in isolation or as a substitute for stockholders' equity, total assets or any other measure calculated in accordance with GAAP. Moreover, the manner in which the Corporation calculates its tangible common equity, tangible assets and any other related measures may differ from that of other companies reporting measures with similar names. Tier 1 common equity to risk-weighted assets ratio The Tier 1 common equity to risk-weighted assets ratio is calculated by dividing (a) tier 1 capital less non-common elements including qualifying perpetual PERPETUAL. That which is to last without limitation as to time; as, a perpetual statute, which is one without limit as to time, although not expressed to be so. preferred stock Stock shares that have preferential rights to dividends or to amounts distributable on liquidation, or to both, ahead of common shareholders. Preferred stock is given preference over common stock. Holders of preferred stock receive dividends at a fixed annual rate. and qualifying trust preferred securities, by (b) risk-weighted assets, which assets are calculated in accordance with applicable bank regulatory requirements. The Tier 1 common equity ratio is not required by U.S. generally accepted accounting principles, or GAAP, or on a recurring re·cur intr.v. re·curred, re·cur·ring, re·curs 1. To happen, come up, or show up again or repeatedly. 2. To return to one's attention or memory. 3. To return in thought or discourse. basis by applicable bank regulatory requirements. However, this ratio was used by the Federal Reserve in connection with its stress test administered to the 19 largest U.S. bank holding companies under the Supervisory Capital Assessment Program (SCAP SCAP Security Content Automation Protocol SCAP SREBP Cleavage Activating Protein SCAP Supreme Commander of the Allied Powers (allied organization occupying Japan after WII) SCAP Slow Children At Play (band) ), the results of which were announced on May 7, 2009. Management is currently monitoring this ratio, along with the other ratios discussed above, in evaluating the Corporation's capital levels and believes that, at this time, the ratio may be of interest to investors. About First BanCorp First BanCorp is the parent corporation of FirstBank Puerto Rico, a state-chartered commercial bank with operations in Puerto Rico, the Virgin Islands and Florida, and of FirstBank Insurance Agency. First BanCorp and FirstBank Puerto Rico all operate within U.S. banking laws and regulations. The Corporation operates a total of 187 branches, stand-alone offices and in-branch service centers throughout Puerto Rico, the U.S. and British Virgin Islands British Virgin Islands A British colony in the eastern Caribbean east of Puerto Rico and the U.S. Virgin Islands. Road Town, on Tortola Island, is the capital. Population: 21,700. Noun 1. , and Florida. Among the subsidiaries of FirstBank Puerto Rico are Money Express, a finance company; First Leasing and Car Rental, a car and truck rental leasing company; and FirstMortgage, a mortgage origination Origination The process through which a mortgage lender creates a mortgage secured by some amount of the mortgagor's real property. Notes: Also known as loan origination, everyone must go through the origination process when securing a mortgage for a piece of real company. In the U.S. Virgin Islands, FirstBank operates First Insurance VI, an insurance agency, and First Express, a small loan company. First BanCorp's common and publicly-held preferred shares Preferred shares Preferred shares give investors a fixed dividend from the company's earnings and entitle them to be paid before common shareholders. See: Preferred stock. trade on the New York Stock Exchange New York Stock Exchange (NYSE) World's largest marketplace for securities. The exchange began as an informal meeting of 24 men in 1792 on what is now Wall Street in New York City. under the symbols FBP, FBPPrA, FBPPrB, FBPPrC, FBPPrD and FBPPrE. Additional information about First BanCorp may be found at www.firstbankpr.com. 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. This press release may contain "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. " concerning the Corporation's future economic performance. The words or phrases "expect," "anticipate," "look forward," "should," "believes" and similar expressions are meant to identify "forward-looking statements" within the meaning of Section 27A 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 are subject to the safe harbor created by such section. The Corporation wishes to caution readers not to place undue reliance on any such "forward-looking statements," which speak only as of the date made, and to advise readers that various factors, including, but not limited to, the risks arising from credit and other risks of the Corporation's lending and investment activities, including the condo conversion Generally stated, a condo conversion is a process of entitling an income property or other lands currently held under one title to convert from sole ownership of the entire property (which often already is a multi unit property) into individual for sale units. loans from its Florida operations and the construction and commercial loan portfolios in Puerto Rico, which have affected and may continue to affect, among other things, the level of non-performing assets, charge-offs and the provision expense; an adverse change in the Corporation's ability to attract new clients and retain existing ones; a decrease in demand for the Corporation's products and services and lower revenues and earnings because of the recession in the United States, the continued recession in Puerto Rico and the current fiscal problems and budget deficit of the Puerto Rico government; adverse changes in general economic conditions in the state of Florida and Puerto Rico, including the interest rate scenario, market liquidity, rates and prices, and the disruptions in the U.S. capital markets, which may reduce interest margins, impact funding sources and affect demand for the Corporation's products and services and the value of the Corporation's assets, including the value of derivative instruments used for protection from interest rate fluctuations; uncertainty about the impact of measures adopted by the Puerto Rico government in response to its fiscal situation on the different sectors of the economy; uncertainty about the effectiveness and impact of the U.S. government's rescue plan, including the bailout bailout The financial rescue of a faltering business or other organization. Government guarantees for loans made to Chrysler Corporation constituted a bailout. of U.S. housing government-sponsored agencies, on the financial markets in general and on the Corporation's business, financial condition and results of operations; risks of not being able to recover all assets pledged to Lehman Brothers Lehman Brothers Holdings Inc. (NYSE: LEH), founded in 1850, is a diversified, global financial services firm. It is a participant in investment banking, equity and fixed income sales, research and trading, investment management, private equity, and private banking. Special Financing, Inc.; changes in the Corporation's expenses associated with acquisitions and dispositions; risks associated with the soundness of other financial institutions; developments in technology; the impact of Doral Financial Corporation's financial condition on the repayment of its outstanding secured loans to the Corporation; the Corporation's ability to issue brokered certificates of deposit and fund operations; risks associated with downgrades in the credit ratings of the Corporation's securities; general competitive factors and industry consolidation; and risks associated with regulatory and legislative changes for financial services The examples and perspective in this article or section may not represent a worldwide view of the subject. Please [ improve this article] or discuss the issue on the talk page. companies in Puerto Rico, the United States, and the U.S. and British Virgin Islands, which could affect the Corporation's financial performance and could cause the Corporation's actual results for future periods to differ materially from those anticipated or projected. The Corporation does not undertake, and specifically disclaims any obligation, to update any "forward-looking statements" to reflect occurrences or unanticipated events or circumstances after the date of such statements. EXHIBIT A Table 1. Selected Financial Data [TABLE OMITTED] Table 2. Statement of Average Interest-Earning Assets and Average Interest-Bearing Liabilities (On a Tax Equivalent Basis) [TABLE OMITTED] [TABLE OMITTED] (1) On a tax-equivalent basis. The tax-equivalent yield Tax-equivalent yield The pre-tax yield required from a taxable bond in order to equal the tax-free yield of a municipal bond. tax-equivalent yield The pretax yield that provides the same return as a specified aftertax yield. was estimated by dividing the interest rate spread on exempt assets by (1 less Puerto Rico statutory tax rate (40.95% for the Corporation's subsidiaries other than IBEs in 2009, 35.95% for the Corporation's IBEs in 2009 and 39% for all subsidiaries in 2008)) and adding to it the cost of interest-bearing liabilities. When adjusted to a tax equivalent basis, yields on taxable and exempt assets are comparable. Changes in the fair value of derivative instruments and unrealized gains or losses on liabilities measured at fair value are excluded from interest income and interest expense because the changes in valuation do not affect interest paid or received. (2) Government obligations include debt issued by government sponsored agencies. (3) Unrealized gains and losses in available-for-sale securities are excluded from the average volumes. (4) Average loan balances include the average of non-accruing loans. (5) Interest income on loans includes $2.8 million, $2.7 million and $2.5 million for the third quarter of 2009, second quarter of 2009 and third quarter of 2008, respectively, and $8.3 million and $7.9 million for the nine-month period ended September 30, 2009 and 2008, respectively, of income from prepayment penalties Prepayment penalty A fee a borrower pays a lender when the borrower repays a loan before its scheduled time of maturity. and late fees related to the Corporation's loan portfolio. (6) Unrealized gains and losses on liabilities measured at fair value are excluded from the average volumes. Table 3. Non-Interest Income [TABLE OMITTED] Table 4. Non-Interest Expenses [TABLE OMITTED] Table 5. Loan Portfolio Composition of the loan portfolio including loans held for sale at period-end. [TABLE OMITTED] Table 6. Loan Portfolio by Geography [TABLE OMITTED] Table 7. Non-Performing Assets [TABLE OMITTED] Table 8. Non-Performing Assets by Geography [TABLE OMITTED] Table 9. Ratios of Net Charge-Offs to Average Loans [TABLE OMITTED] |
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