EDGAR Pro
About EDGAR Online | Login



The following is an excerpt from a 10-Q SEC Filing, filed by URBAN OUTFITTERS INC on 12/10/2004.

Jump to : 


  
						

NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS

(amounts in thousands, except share and per share data)

(Unaudited)

1. Basis of Presentation

The accompanying unaudited condensed consolidated financial statements have been prepared in accordance with generally accepted accounting principles for interim financial information and with the instructions to Form 10-Q and Article 10 of Regulation S-X. Accordingly, they do not include all of the information and footnotes required by generally accepted accounting principles for complete financial statements. In the opinion of management, all adjustments (consisting of normal recurring accruals) considered necessary for a fair presentation have been included. These financial statements should be read in conjunction with the Company's Annual Report on Form 10-K for the fiscal year ended January 31, 2004, filed with the Securities and Exchange Commission on April 15, 2004.

The retail portion of the Company's business is subject to seasonal variations in which a greater percent of the Company's net sales and net income typically occur during the period from August 1 through December 31 of the fiscal year. Accordingly, the results of operations for the three and nine months ended October 31, 2004 are not necessarily indicative of the results to be expected for the full year.

2. Equity and Stock Splits

On August 14, 2003, our Board of Directors authorized a two-for-one split of our common shares in the form of a 100% stock dividend. The additional shares issued as a result of the stock split were distributed on September 19, 2003 to shareholders of record as of September 5, 2003.

In addition, on June 1, 2004, our Board of Directors authorized a two-for-one split of our common shares in the form of a 100% stock dividend. The additional shares issued as a result of the stock split were distributed on or about July 9, 2004 to shareholders of record as of June 22, 2004.

All relevant amounts in the accompanying unaudited condensed consolidated financial statements and the notes thereto have been restated to reflect the stock splits for all periods presented.

3. Reclassification

Certain auction rate securities have been reclassified from cash equivalents to short-term marketable securities. Auction rate securities are variable rate bonds tied to short term interest rates with maturities on the face of the securities in excess of 90 days. Auction rate securities have interest rate resets through a modified Dutch auction, at predetermined short term intervals, usually every 7, 28 or 35 days. They trade at par and are callable at par on any interest payment date at the option of the issuer. Interest paid during a given period is based upon the interest rate determined during the prior auction.

Although these securities are issued and rated as long term bonds, they are priced and traded as short term instruments because of the liquidity provided through the interest rate reset. The Company had historically classified these instruments as cash equivalents if the period between interest rate resets was 90 days or less, which was based on our ability to either liquidate our holdings or roll our investment over to the next reset period.

Based upon the Company's re-evaluation of the maturity dates associated with the underlying bonds, the Company has reclassified its auction rate securities, previously classified as cash equivalents, as short-term marketable securities for each of the periods presented in the accompanying condensed consolidated balance

5


Table of Contents

URBAN OUTFITTERS, INC.

NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS-(Continued)

sheets. In addition, "Purchases of marketable securities" and "Sales and maturities of marketable securities", included in the accompanying Condensed Consolidated Statements of Cash Flows, have been revised to reflect the purchase and sale of auction rate securities during the periods presented.

4. Marketable Securities

During all periods presented, marketable securities are classified as available for sale. The amortized cost, gross unrealized gains (losses) and fair value of available-for-sale securities by major security type and class were as follows:

Unrealized Amortized Gains Fair Cost (Losses) Value
As of October 31, 2004
Municipal bonds:
Maturing in less than one year $ 23,605 $ (102 ) $ 23,503 Maturing after one year through four years 64,105 (6 ) 64,099 87,710 (108 ) 87,602
Auction rate instruments:
Maturing in less than one year 57,999 - 57,999 Maturing after one year through two years 3,000 - 3,000 60,999 - 60,999
$ 148,709 $ (108 ) $ 148,601
As of January 31, 2004
Municipal bonds:
Maturing in less than one year $ 11,567 $ 12 $ 11,579 Maturing after one year through four years 45,347 (32 ) 45,315 56,914 (20 ) 56,894
Auction rate instruments:
Maturing in less than one year 38,450 - 38,450 Maturing after one year through two years 7,000 - 7,000 45,450 - 45,450
$ 102,364 $ (20 ) $ 102,344
As of October 31, 2003
Municipal bonds:
Maturing in less than one year $ 9,127 $ 17 $ 9,144 Maturing after one year through four years 46,735 (21 ) 46,714 55,862 (4 ) 55,858
Auction rate instruments:
Maturing in less than one year 35,350 - 35,350 Maturing after one year through four years 2,000 - 2,000 37,350 - 37,350
$ 93,212 $ (4 ) $ 93,208

6


Table of Contents

URBAN OUTFITTERS, INC.

NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS-(Continued)

5. Line of Credit Facility

On September 30, 2004, we renewed and amended our line of credit facility (the "Line"). The Line is a three-year $35.0 million revolving credit facility with an accordion feature allowing an increase to $50.0 million at the Company's discretion. The Line contains a sub-limit for borrowings by our European subsidiaries that are guaranteed by the Company. Cash advances bear interest at LIBOR plus 0.50% to 1.60% based on our achievement of prescribed adjusted debt ratios. The Line subjects us to various restrictive covenants, including maintenance of certain financial ratios and covenants such as fixed charge coverage and adjusted debt. The covenants also include limitations on our capital expenditures, ability to repurchase shares and the payment of cash dividends. As of October 31, 2004, the Company is in compliance with all covenants under the Line. As of and during the nine months ended October 31, 2004, there were no borrowings under the Line. Outstanding letters of credit and stand-by letters of credit under the Line totaled approximately $23.4 million as of October 31, 2004. The available borrowing under the Line was $11.6 million as of October 31, 2004.

6. Commitments and Contingencies

On March 26, 2004, an employee filed an employment related suit seeking class action status, unspecified monetary damages and equitable relief against Anthropologie, Inc., a subsidiary of the Company, in the Superior Court of California for Orange County. The complaint alleges that, under California law, the plaintiff and certain other employees were misclassified as employees exempt from overtime and seeks recovery of unpaid wages, penalties and damages. The Company believes the claim is frivolous and without merit and intends to defend it vigorously.

The Company is party to various other legal proceedings arising from normal business activities. Management believes that the ultimate resolution of these matters will not have a material adverse effect on the Company's financial position or results of operations.

7. Stock Based Employee Compensation

The Company accounts for stock-based compensation under the provisions of Accounting Principles Board Opinion No. 25, "Accounting for Stock Issued to Employees." In 1995, the FASB issued SFAS No. 123, which established a fair value based method of accounting for stock-based employee compensation. The Company has adopted the disclosure requirements of SFAS No. 123.

The Company may make restricted stock awards to employees, non-employee directors and consultants. A restricted stock award is an award of common shares that is subject to certain restrictions during a specified period, such as an employee's continued employment with the Company or the Company achieving certain financial goals. The Company holds the common shares during the restriction period, and the grantee cannot transfer the shares before the termination of that period. The grantee is, however, generally entitled to vote the common shares and receive any dividends declared and paid on the Company's common shares during the restriction period. Unearned compensation is recorded as a component of shareholders' equity and amortized over the vesting period of the award as stock compensation expense in the Company's results of operations.

7


Table of Contents

URBAN OUTFITTERS, INC.

NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS-(Continued)

Had compensation costs for the Company's stock-based employee compensation plans been determined under SFAS No. 123, the Company's net income and net income per common share would have decreased to the following pro forma amounts:

Three Months Ended Nine Months Ended October 31, October 31,
2004 2003 2004 2003
Net income-as reported $ 26,036 $ 14,087 $ 63,413 $ 29,947 Add: Stock based employee compensation
expense included in the determination of net income as reported, net of related tax effect 177 - 248 - Deduct: Total stock-based employee
compensation expense determined under fair value-based method for all grants, net of related tax effects (11,493 ) (1,463 ) (17,442 ) (3,281 ) Net income-pro forma $ 14,720 $ 12,624 $ 46,219 $ 26,666 Net income per common share-basic-as reported $ 0.32 $ 0.18 $ 0.79 $ 0.38 Net income per common share-basic-pro forma $ 0.18 $ 0.16 $ 0.57 $ 0.34 Net income per common share-diluted-as
reported $ 0.31 $ 0.17 $ 0.76 $ 0.37 Net income per common share-diluted-pro forma $ 0.18 $ 0.16 $ 0.56 $ 0.33

8. Net Income Per Common Share

The following is a reconciliation of the weighted average shares outstanding used for the computation of basic and diluted net income per common share:

Three Months Ended Nine Months Ended October 31, October 31,
2004 2003 2004 2003
Basic weighted average shares outstanding 81,047,615 78,888,858 80,563,086 78,248,780 Effect of dilutive options 3,028,641 2,618,968 2,844,910 2,008,518 Diluted weighted average shares outstanding 84,076,256 81,507,826 83,407,996 80,257,298

For the three months ended October 31, 2004 and 2003, there were no options outstanding that were not included in our computation of diluted "weighted average common shares and common share equivalents outstanding". Options to purchase 701,000 and 100,000 common shares were outstanding for the nine months ended October 31, 2004 and 2003, respectively, but were not included in our computation, as their effect would have been anti-dilutive.

8


Table of Contents

URBAN OUTFITTERS, INC.

NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS-(Continued)

9. Segment Reporting

Urban Outfitters is a national retailer of lifestyle-oriented general merchandise consisting of 134 stores as of October 31, 2004, operating under the retail names "Urban Outfitters," "Anthropologie" and "Free People" and through two catalogs and three web sites. Net sales from this retail segment accounted for over 96% of total consolidated net sales for the three and nine months ended October 31, 2004 and 2003. The remainder was derived from our wholesale division that manufactures and distributes apparel to the Company's retail segment and to approximately 1,100 specialty retailers and department stores worldwide.

The Company has separated its operations into these two reportable segments based upon their unique management, customer base and economic characteristics. Reporting in this format provides management with the financial information necessary to evaluate the success of the segments and the overall business. The Company evaluates the performance of the segments based on the net sales and pre-tax income from operations (excluding intercompany royalty and interest charges) of the segment. Corporate expenses, which include expenses incurred in and directed by the corporate office, are not allocated to segments. The principal identifiable assets for each operating segment are inventories and property and equipment. Other assets are comprised primarily of general corporate assets, principally consisting of cash and cash equivalents, marketable securities and other assets, which are typically not allocated to the segments. The Company accounts for inter-segment sales and transfers as if the sales and transfers were made to third parties making similar volume purchases.

Both the retail and wholesale segment are highly diversified. No customer comprises more than 10% of sales.

Three Months Ended Nine Months Ended October 31, October 31,
2004 2003 2004 2003
Net sales
Retail operations $ 208,072 $ 137,101 $ 555,268 $ 357,842 Wholesale operations 9,062 5,946 22,491 16,138 Intersegment elimination (781 ) (716 ) (1,632 ) (1,742 ) Total net sales $ 216,353 $ 142,331 $ 576,127 $ 372,238 Income from operations
Retail operations $ 42,930 $ 23,991 $ 107,734 $ 51,096 Wholesale operations 2,005 376 4,286 1,240 Intersegment elimination (77 ) (128 ) (230 ) (291 ) Total segment operating income 44,858 24,239 111,790 52,045 General corporate expenses (1,676 ) (761 ) (6,092 ) (2,406 ) Total income from operations $ 43,182 $ 23,478 $ 105,698 $ 49,639

9


Table of Contents

URBAN OUTFITTERS, INC.

NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS-(Continued)

October 31, January 31, October 31,
2004 2004 2003

Property and equipment, net
Retail operations $ 146,970 $ 120,948 $ 122,146 Wholesale operations 1,056 971 877 Total property and equipment, net $ 148,026 $ 121,919 $ 123,023 Inventories
Retail operations $ 109,359 $ 60,571 $ 70,389 Wholesale operations 3,534 2,676 1,824 Total inventories $ 112,893 $ 63,247 $ 72,213

The Company has foreign operations in Europe and Canada. Revenues and long-term assets, based upon our domestic and foreign operations, are as follows:

Three Months Ended Nine Months Ended October 31, October 31,
2004 2003 2004 2003
Net sales
Domestic operations $ 203,908 $ 136,172 $ 546,879 $ 356,372 Foreign operations 12,445 6,159 29,248 15,866 Total net sales $ 216,353 $ 142,331 $ 576,127 $ 372,238

October 31, January 31, October 31, 2004 2004 2003
Property and equipment, net
Domestic operation $ 131,684 $ 109,485 $ 112,307 Foreign operations 16,342 12,434 10,716 Total property and equipment, net $ 148,026 $ 121,919 $ 123,023

10


Table of Contents