Encore Capital Group Announces Fourth Quarter and Full Year 2009 Results and New Revolving Credit Facility

February 8, 2010 at 4:08 PM EST
SAN DIEGO, Feb 08, 2010 /PRNewswire via COMTEX/ -- Encore Capital Group, Inc. (Nasdaq: ECPG), a leading distressed consumer debt management company, today reported consolidated financial results for the fourth quarter and full year ended December 31, 2009.

For the fourth quarter of 2009:

  • Gross collections were $124.5 million, a 32% increase over the $94.4 million in the same period of the prior year. Excluding portfolio sales, collections were $124.5 million, a 34% increase over the $92.8 million in the same period of the prior year.
  • Investment in receivable portfolios was $41.0 million, to purchase $1.0 billion in face value of debt, compared to $63.8 million, to purchase $1.7 billion in face value of debt in the same period of the prior year. Available capacity under the revolving credit facility, subject to borrowing base and applicable debt covenants, was $75.0 million as of December 31, 2009. Total debt, consisting of the revolving credit facility, convertible notes and capital lease obligations, was $303.1 million as of December 31, 2009, consistent with the $303.7 million as of December 31, 2008.
  • Revenue from receivable portfolios was $77.0 million, a 61% increase over the $47.9 million in the same period of the prior year. This increase was due largely to the differences in net impairment provisions recorded in each period, as discussed below in additional information. Excluding net impairment provisions, revenue from receivable portfolios increased 12%. Revenue recognized on receivable portfolios, as a percentage of portfolio collections, excluding the effects of impairment provisions, was 66%, compared to 78% in the same period of the prior year.
  • Revenue from bankruptcy servicing was $4.5 million, a 12% increase over the $4.0 million in the same period of the prior year.
  • Total operating expenses were $64.6 million, a 19% increase over the $54.2 million in the same period of the prior year. Operating expense (excluding stock-based compensation expense and bankruptcy servicing operating expenses) per dollar collected decreased to 48.5%, compared to 53.6% in the same period of the prior year.
  • Adjusted EBITDA, defined as net income before interest, taxes, depreciation and amortization, stock-based compensation expense and portfolio amortization, was $66.1 million, a 34% increase over the $49.3 million in the same period of the prior year.
  • Total interest expense was $4.0 million, compared to $5.4 million in the same period of the prior year.
  • Net income was $8.4 million, or $0.34 per fully diluted share, compared to a net loss of $2.1 million, or $0.09 per fully diluted share in the same period of the prior year.
  • Tangible book value per share, computed by dividing total stockholders' equity less goodwill and identifiable intangible assets by the number of diluted shares outstanding, was $9.23 as of December 31, 2009, a 17% increase over $7.86 as of December 31, 2008.

For the full year of 2009:

  • Gross collections were $487.8 million, a 22% increase over the $398.6 million in 2008.
  • Total revenue was $316.4 million, a 24% increase over the $255.9 million in 2008.
  • Total operating expenses were $249.8 million, a 15% increase over the $216.9 million in 2008. Operating expense (excluding stock-based compensation expense and bankruptcy servicing operating expenses) per dollar collected decreased to 47.6% compared to 50.2% in 2008.
  • Adjusted EBITDA was $264.6 million, a 27% increase over the $208.0 million in 2008.
  • Net income was $33.0 million, or $1.37 per fully diluted share, compared to net income of $13.8 million or $0.59 per fully diluted share in 2008.

Additional information:

Certain events affected the comparability of 2009 versus 2008 quarterly and annual results, as outlined below. For a more detailed comparison of 2009 versus 2008 results, refer to Management's Discussion and Analysis of Financial Condition and Results of Operations included in the Company's Annual Report on Form 10-K for the year ended December 31, 2009.

  • In the fourth quarter of 2009, the Company recorded a net impairment provision of $5.0 million, compared to a net impairment provision of $25.4 million in the same period of the prior year. For the full year of 2009, the Company recorded a net impairment provision of $19.3 million, compared to a net impairment provision of $41.4 million in the prior year.
  • For the full year of 2009, the Company expensed $43.6 million in upfront court costs, compared to $38.5 million in the prior year.
  • In 2009, the Company repurchased $28.5 million principal amount of its outstanding convertible notes, for a total price of $22.3 million, plus accrued interest. These repurchases resulted in a gain of $3.3 million. In 2008, the Company repurchased $28.6 million principal amount of its outstanding convertible notes, for a total price of $20.1 million, plus accrued interest. These repurchases resulted in a net gain of $4.8 million.
  • For the full year of 2009, general and administrative expenses increased by $7.5 million, to $26.9 million, compared to $19.4 million in the prior year. The increase was primarily the result of an increase of $5.3 million in corporate legal expenses related primarily to our settled Jefferson Capital arbitration and other ongoing litigation, an increase of $1.2 million in corporate settlements and an increase of $0.9 million in building rent, primarily in India, where we incurred rental charges at two locations, as we built out a larger site.

New Revolving Credit Facility

Separately, the Company announced that it has entered into a new $327.5 million, three-year revolving credit facility that expires in May 2013. Importantly, the new facility contains an accordion feature, which allows the Company to request an increase in the facility by up to $100.0 million, not to exceed a total facility of $427.5 million. The new facility replaces the Company's pre-existing $335.0 million revolving credit agreement that was scheduled to expire in May 2010. JPMorgan Chase Bank acted as administrative agent as well as a lender under the new agreement. Bank of America acted as syndication agent as well as a lender. The facility also includes Fifth Third, SunTrust, Morgan Stanley, California Bank & Trust and Citibank, among other lenders.

Borrowings under the new facility bear interest at either LIBOR, plus a spread that ranges from 375 to 425 basis points, depending on the Company's leverage, or an alternate base rate, which can be based on, among several choices, the prime rate plus a spread that ranges from 250 to 300 basis points.

Several terms of the new facility offer more flexible financial covenants, including a borrowing base equal to 30% of eligible estimated remaining collections, an annual capital expenditure maximum of $12.5 million, increased from $6.0 million, an annual rental expense maximum of $12.5 million, increased from $5.0 million, an outstanding capital lease maximum of $12.5 million, increased from $5.0 million, an acquisition limit of $100.0 million, increased from $60.0 million and the renewed ability to repurchase up to $50.0 million in any combination of the Company's common stock and convertible notes.

"In this challenging credit environment, we are pleased to have renewed the facility at $327.5 million with additional flexibility. We are enthusiastic about the addition of several strong banks to our syndicate and we look forward to the opportunity to expand the facility by $100.0 million, as our Company continues to grow," said Paul Grinberg, Executive Vice President and Chief Financial Officer. "Most importantly, we appreciate the support of our lending partners and their commitment to our business."

Securities Repurchase Program

The Company also announced that its Board of Directors has authorized a new securities repurchase program which replaces the previous program originally established in February 2007. Under the new program, the Company may buy back up to $50.0 million of a combination of its common stock and convertible notes. The purchases may be made from time to time in the open market or through privately negotiated transactions and will be dependent upon various business and financial considerations. Securities' repurchases are subject to compliance with applicable legal requirements and other factors.

Non-GAAP Financial Measures

The Company has included information concerning Adjusted EBITDA because management utilizes this information, which is materially similar to a financial measure contained in covenants used in the Company's credit agreement, in the evaluation of its operations and believes that this measure is a useful indicator of the Company's ability to generate cash collections in excess of operating expenses through the liquidation of its receivable portfolios. The Company has included information concerning total operating expenses excluding stock-based compensation expense and bankruptcy servicing operating expenses in order to facilitate a comparison of approximate cash costs to cash collections for the debt purchasing business in the periods presented. The Company has included information concerning tangible book value per share because management believes that this metric is a meaningful measure that reflects the equity deployed in the business. These non-GAAP financial measures should not be considered as alternatives to, or more meaningful than, net income and total operating expenses as indicators of Encore Capital Group's operating performance and total stockholders' equity as an indicator of Encore Capital Group's financial condition. Adjusted EBITDA, operating expenses excluding stock-based compensation expense and bankruptcy servicing operating expenses, and tangible book value per share have not been prepared in accordance with U.S. generally accepted accounting principles (GAAP). These non-GAAP financial measures, as presented by Encore Capital Group, may not be comparable to similarly titled measures reported by other companies. The Company has included a reconciliation of Adjusted EBITDA to reported earnings under GAAP, a reconciliation of operating expenses excluding stock-based compensation expense and bankruptcy servicing operating expenses to the GAAP measure total operating expenses, and a reconciliation of tangible book value per share to the GAAP measure total stockholders' equity in the attached financial tables.

About Encore Capital Group, Inc.

Encore Capital Group, Inc. is a systems-driven purchaser and manager of charged-off consumer receivables portfolios. More information on the Company can be found at www.encorecapitalgroup.com.

Forward-Looking Statements

The statements in this press release that are not historical facts, including, most importantly, those statements preceded by, or that include, the words "may," "believe," "projects," "expects," "anticipates" or the negation thereof, or similar expressions, constitute "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995 (the "Reform Act"). These statements may include, but are not limited to, statements regarding our future operating results and growth, ability to expand and utilize flexibility under our new credit facility, and the repurchase of our securities. For all "forward-looking statements," the Company claims the protection of the safe harbor for forward-looking statements contained in the Reform Act. Such forward-looking statements involve risks, uncertainties and other factors which may cause actual results, performance or achievements of the Company and its subsidiaries to be materially different from any future results, performance or achievements expressed or implied by such forward-looking statements. These risks, uncertainties and other factors are discussed in the reports filed by the Company with the Securities and Exchange Commission, including the most recent reports on Forms 10-K, 10-Q and 8-K, each as it may be amended from time to time. The Company disclaims any intent or obligation to update these forward-looking statements.



    Contact:

    Encore Capital Group, Inc.
    Paul Grinberg (858) 309-6904
    paul.grinberg@encorecapitalgroup.com
    or
    Ren Zamora (858) 560-3598
    ren.zamora@encorecapitalgroup.com


FINANCIAL TABLES FOLLOW



                           ENCORE CAPITAL GROUP, INC.
                Consolidated Statements of Financial Condition
                    (In Thousands, Except Par Value Amounts)

                                                     December 31, December 31,
                                                          2009       2008
                                                          ----       ----
                                                                   Adjusted
                                                                   --------
    Assets
    Cash and cash equivalents                             $8,388    $10,341
    Accounts receivable, net                               3,134      1,757
    Investment in receivable portfolios, net             526,877    461,346
    Deferred court costs                                  25,957     28,335
    Property and equipment, net                            9,427      6,290
    Prepaid income tax                                         -      7,935
    Forward flow asset                                         -     10,302
    Other assets                                           4,252      5,049
    Goodwill                                              15,985     15,985
    Identifiable intangible assets, net                    1,139      1,739
                                                           -----      -----
                Total assets                            $595,159   $549,079
                                                        ========   ========
    Liabilities and stockholders' equity
    Liabilities:
        Accounts payable and accrued liabilities         $21,815    $18,204
        Income taxes payable                               2,681          -
        Deferred tax liabilities, net                     16,980     15,108
        Deferred revenue and purchased servicing
         obligation                                        5,481      5,203
        Debt                                             303,075    303,655
        Other liabilities                                  2,036      3,483
                                                           -----      -----
            Total liabilities                            352,068    345,653
                                                         -------    -------
    Commitments and contingencies
    Stockholders' equity:
        Convertible preferred stock, $.01 par
         value, 5,000 shares authorized, no shares
         issued and outstanding                                -          -
        Common stock, $.01 par value, 50,000 shares
         authorized, 23,359 shares and 23,053
         shares issued and outstanding as of
         December 31, 2009 and 2008, respectively            234        231
        Additional paid-in capital                       104,261     98,521
        Accumulated earnings                             139,842    106,795
        Accumulated other comprehensive loss              (1,246)    (2,121)
                                                          ------     ------
            Total stockholders' equity                   243,091    203,426
                                                         -------    -------
                Total liabilities and stockholders'
                 equity                                 $595,159   $549,079
                                                        ========   ========


                            ENCORE CAPITAL GROUP, INC.
                Condensed Consolidated Statements of Operations
                    (In Thousands, Except Per Share Amounts)

                                    Three Months Ended      Year Ended
                                        December 31,        December 31,
                                        ------------        ------------
                                       2009     2008       2009      2008
                                       ----     ----       ----      ----
                                              Adjusted             Adjusted
                                              --------             --------
    Revenue
        Revenue from receivable
         portfolios, net              $77,044  $47,902   $299,732   $240,802
        Servicing fees and other
         related revenue                4,508    4,040     16,687     15,087
                                        -----    -----     ------     ------
                Total revenue          81,552   51,942    316,419    255,889
                                       ------   ------    -------    -------
    Operating expenses
        Salaries and employee
         benefits (excluding stock-
         based compensation
         expense)                      14,895   12,617     58,025     58,120
        Stock-based compensation
         expense                        1,049      382      4,384      3,564
        Cost of legal collections      27,905   26,662    112,570     96,187
        Other operating expenses        7,401    5,996     26,013     23,652
        Collection agency
         commissions                    5,795    2,310     19,278     13,118
        General and administrative
         expenses                       6,846    5,540     26,920     19,445
        Depreciation and
         amortization                     697      652      2,592      2,814
                                          ---      ---      -----      -----
                Total operating
                 expenses              64,588   54,159    249,782    216,900
                                       ------   ------    -------    -------
    Income before other
     (expense) income and
     income taxes                      16,964   (2,217)    66,637     38,989
                                       ------   ------     ------     ------
    Other (expense) income
        Interest expense               (3,959)  (5,401)   (16,160)   (20,572)
        Gain on repurchase of
         convertible notes, net             -    4,064      3,268      4,771
        Other income (expense)              9       17         (2)       358
                                          ---      ---        ---        ---
            Total other expense        (3,950)  (1,320)   (12,894)   (15,443)
                                       ------   ------    -------    -------
    Income (loss) before income
     taxes                             13,014   (3,537)    53,743     23,546
    (Provision for) benefit
     from income taxes                 (4,609)   1,442    (20,696)    (9,700)
                                       ------    -----    -------     ------
    Net income (loss)                  $8,405  ($2,095)   $33,047    $13,846
                                       ======  =======    =======    =======
    Weighted average shares
     outstanding:
        Basic                          23,341   23,094     23,215     23,046
        Diluted                        24,484   23,632     24,082     23,577
    Earnings (loss) per share:
        Basic                           $0.36   ($0.09)     $1.42      $0.60
        Diluted                         $0.34   ($0.09)     $1.37      $0.59



                            ENCORE CAPITAL GROUP, INC.
                      Consolidated Statements of Cash Flows
                                 (In Thousands)

                                                   Year Ended December 31,
                                                   -----------------------
                                                     2009         2008
                                                     ----         ----
                                                                Adjusted
                                                                --------
    Operating activities:
    Net Income                                      $33,047      $13,846
    Adjustments to reconcile net income to
     net cash provided by operating
     activities:
        Depreciation and amortization                 2,592        2,814
        Amortization of loan costs and debt
         discount                                     4,080        6,320
        Stock-based compensation expense              4,384        3,564
        Gain on repurchase of convertible notes,
         net                                         (3,268)      (4,771)
        Deferred income tax expense                   1,872        1,642
        Excess tax benefit from stock-based
         payment arrangements                          (729)           -
        Provision for impairment on receivable
         portfolios, net                             19,310       41,400
    Changes in operating assets and
     liabilities
        Other assets                                 (1,668)       4,135
        Deferred court costs                          2,379       (7,803)
        Prepaid income tax and income taxes
         payable                                     11,204        2,095
        Deferred revenue and purchased service
         obligation                                     278        1,305
        Accounts payable, accrued liabilities and
         other liabilities                            2,635       (1,476)
                                                      -----       ------
    Net cash provided by operating activities        76,116       63,071
                                                     ------       ------
    Investing activities:
        Purchases of receivable portfolios, net
         of forward flow allocation                (246,330)    (224,717)
        Collections applied to investment in
         receivable portfolios, net                 168,416      116,101
        Proceeds from put-backs of receivable
         portfolios                                   3,375        3,640
        Purchases of property and equipment          (4,632)      (2,276)
                                                     ------       ------
    Net cash used in investing activities           (79,171)    (107,252)
                                                    -------     --------
    Financing activities:
        Proceeds from notes payable and other
         borrowings                                  90,500      108,000
        Repayment of notes payable and other
         borrowings                                 (68,500)     (42,169)
        Repurchase of convertible notes             (22,262)     (20,101)
        Proceeds from exercise of stock options       1,175           23
        Excess tax benefit from stock-based
         payment arrangements                           729            -
        Proceeds from capital lease                       -          400
        Repayment of capital lease obligations         (540)        (307)
                                                       ----         ----
    Net cash provided by financing activities         1,102       45,846
                                                      -----       ------
    Net increase (decrease) in cash                  (1,953)       1,665
    Cash and cash equivalents, beginning of
     period                                          10,341        8,676
                                                     ------        -----
    Cash and cash equivalents, end of period         $8,388      $10,341
                                                     ======      =======
    Supplemental disclosures of cash flow
     information:
        Cash paid for interest                      $12,521      $14,427
        Cash paid for income taxes                   $8,243       $5,301
    Supplemental schedule of non-cash
     investing and financing activities:
        Fixed assets acquired through capital
         lease                                         $516       $1,602
        Allocation of forward flow asset to
         acquired receivable portfolios             $10,302       $5,561


                            ENCORE CAPITAL GROUP, INC.
                        Supplemental Financial Information
     Reconciliation of Adjusted EBITDA to GAAP Net Income, Operating Expenses,
         Excluding Stock-based Compensation Expense and Bankruptcy Servicing
          Operating Expenses to GAAP Total Operating Expenses, and Tangible
                 Book Value Per Share to GAAP Total Stockholders' Equity
                   (Unaudited, In Thousands, Except Per Share Amounts)


                                   Three Months Ended         Year Ended
                                      December 31,            December 31,
                                      ------------            ------------
                                    2009        2008      2009        2008
                                    ----        ----      ----        ----
                                              Adjusted              Adjusted
                                              --------              --------
    GAAP net income (loss), as
     reported                      $8,405     ($2,095)  $33,047     $13,846
    Interest expense                3,959       5,401    16,160      20,572
    Provision for (benefit from)
     income taxes                   4,609      (1,442)   20,696       9,700
    Depreciation and amortization     697         652     2,592       2,814
    Amount applied to principal
     on receivable portfolios      47,384      46,364   187,726     157,501
    Stock-based compensation
     expense                        1,049         382     4,384       3,564
                                    -----         ---     -----       -----
    Adjusted EBITDA               $66,103     $49,262  $264,605    $207,997
                                  =======     =======  ========    ========


                                  Three Months Ended        Year Ended
                                     December 31,           December 31,
                                     ------------           ------------
                                   2009        2008      2009        2008
                                   ----        ----      ----        ----
                                             Adjusted              Adjusted
                                             --------              --------
    GAAP total operating
     expenses, as reported        $64,588     $54,159  $249,782    $216,900
    Stock-based compensation
     expense                       (1,049)       (382)   (4,384)     (3,564)
    Bankruptcy servicing
     operating expenses            (3,140)     (3,192)  (13,218)    (13,369)
                                   ------      ------   -------     -------
    Operating expenses,
     excluding stock-based
     compensation expense and
     bankruptcy servicing
     operating expenses           $60,399     $50,585  $232,180    $199,967
                                  =======     =======  ========    ========


                                                As of             As of
                                             December 31,       December 31,
                                                 2009              2008
                                                 ----              ----
                                                                 Adjusted
                                                                 --------
     GAAP total stockholders' equity, as
      reported                                 $243,091          $203,426
     Goodwill                                   (15,985)          (15,985)
     Identifiable intangible assets, net         (1,139)           (1,739)
                                                 ------            ------
     Tangible book value                       $225,967          $185,702
     Diluted shares outstanding                  24,484            23,632
                                                 ------            ------
     Tangible book value per share                $9.23             $7.86


SOURCE Encore Capital Group, Inc.