RYVYL Announces Completion of Initial Steps Under the Exchange Agreement Reducing Debt and Increasing Shareholder Equity and Cash Flow

SAN DIEGO, CA, Aug. 03, 2023 (GLOBE NEWSWIRE) — RYVYL Inc. (NASDAQ: RVYL) (“RYVYL” or the “Company”), a company that leverages the security of the blockchain and USD-pegged stablecoin technology with near-real-time attestation capabilities to conduct payment transactions, announced today the Company on July 31, 2023 closed the first of two exchange transactions, with an existing noteholder (the “Noteholder”) under the terms of an Exchange Agreement, dated July 25, 2023 (the “Exchange Agreement”), and issued 6,000 shares of Series A Convertible Preferred Stock to the Noteholder in exchange for $4,297,000 of the outstanding principal balance of the Note and $1,703,000 of accrued interest.

As recently announced in a July 26, 2023 press release, under the terms of the Exchange Agreement, the Company and the Noteholder agreed to exchange, in two separate exchanges, an aggregate of $22.703 million of the outstanding principal and interest under an outstanding convertible note, held by the Noteholder, for 15,000 shares of the Company’s s Series A Preferred Convertible Stock . The remaining $16,703,000 in principal, not closed on, under the terms of the Exchange Agreement, is to be exchanged for 9,000 shares of Series A Convertible Preferred Stock at an additional closing, subject to the Company’s having satisfied certain conditions, including obtaining stockholder approval for the issuance of all shares of common stock underlying the Series A Convertible Preferred Stock, in accordance with the rules and regulations of NASDAQ.

Additional information can be found in the Company’s Current Report on Form 8-K filed with the Securities and Exchange Commission on August 1, 2023, and available on RYVYL’s Investor Relations website https://investors.ryvyl.com/financials/sec-filings/

About RYVYL

RYVYL Inc. (NASDAQ: RVYL) was born from a passion for empowering a new way to conduct business-to-business, consumer-to-business, and peer-to-peer payment transactions around the globe. By leveraging unique blockchain security and USD-pegged stablecoin technology with near real-time attestation capabilities, RYVYL is reinventing the future of financial transactions using its coyni® stablecoin platform as a transactional foundation. Since its founding as GreenBox POS in 2017 in San Diego, RYVYL has developed applications enabling an end-to-end suite of turnkey financial products with enhanced security and data privacy, world-class identity theft protection, and rapid speed to settlement. As a result, the platform can log immense volumes of immutable transactional records at the speed of the internet for first-tier partners, merchants, and consumers around the globe. www.ryvyl.com

Cautionary Note Regarding Forward-Looking Statements.

This press release includes information that constitutes forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. These forward-looking statements are based on the Company’s current beliefs, assumptions and expectations regarding future events, which in turn are based on information currently available to the Company. Such forward-looking statements include statements regarding the timing of the filing of the aforementioned periodic reports. By their nature, forward-looking statements address matters that are subject to risks and uncertainties. A variety of factors could cause actual events and results to differ materially from those expressed in or contemplated by the forward-looking statements, including the risk that the completion and filing of the aforementioned periodic reports will take longer than expected and that additional information may become known prior to the expected filing of the aforementioned periodic reports with the SEC. Other risk factors affecting the Company are discussed in detail in the Company’s filings with the SEC. The Company undertakes no obligation to publicly update or revise any forward-looking statement, whether as a result of new information, future events or otherwise, except to the extent required by applicable laws.

Investor Relations Contact:

Mark Schwalenberg
MZ Group – MZ North America
312-261-6430
[email protected]
www.mzgroup.us



Portillo’s Inc. Announces Second Quarter 2023 Financial Results

OAK BROOK, Ill., Aug. 03, 2023 (GLOBE NEWSWIRE) — Portillo’s Inc. (“Portillo’s” or the “Company”) (NASDAQ: PTLO), the fast-casual restaurant concept known for its menu of Chicago-style favorites, today reported financial results for the second quarter ended June 25, 2023.

Michael Osanloo, President and Chief Executive Officer of Portillo’s, said, “We delivered another quarter of strong results that highlight the durability of our brand. We feel great about our recent new restaurant performance and are also delivering solid results in our core. To sustain this positive trajectory, we continue to focus on quality and execution. Our restaurants are fully-staffed, and we empower our Team Members to prioritize the guest experience by serving delicious, high-quality food in an engaging environment at a great price point. This creates a consistently outstanding experience for both our Team Members and guests.”

Financial Highlights for the Second Quarter 2023 vs. Second Quarter 2022:

  • Total revenue increased 12.3% or $18.6 million to $169.2 million;
  • Same restaurant sales increased 5.9%;
  • Operating income decreased $0.1 million to $17.4 million;
  • Net income decreased $0.9 million to $9.9 million;
  • Restaurant-Level Adjusted EBITDA* increased $4.3 million to $42.7 million; and
  • Adjusted EBITDA* increased $1.6 million to $29.2 million.

*Adjusted EBITDA and Restaurant-Level Adjusted EBITDA are non-GAAP measures. Please see definitions and the reconciliations of these non-GAAP measures in the accompanying financial information below.

Recent Developments and Trends

We continue to see revenue growth due to our new restaurant openings, as well as same-restaurant sales growth. Total revenue grew 12.3% during the quarter ended June 25, 2023 and 14.1% for the two quarters ended June 25, 2023. Same-restaurant sales grew 5.9% during the quarter ended June 25, 2023, compared to 1.9% same-restaurant sales growth during the same quarter in 2022. Same-restaurant sales grew 7.4% during the two quarters ended June 25, 2023, compared to 4.8% same-restaurant sales growth during the two quarters ended June 26, 2022.

During the quarter ended June 25, 2023, we opened one new restaurant in Gilbert, Arizona for a total of 76 restaurants, including a restaurant owned by C&O, of which Portillo’s owns 50% of the equity. Our six new restaurants opened in 2022 and 2023, positively impacted revenues by approximately $10.4 million and $20.9 million in the quarter and two quarters ended June 25, 2023, respectively. We plan to open eight more new restaurants in the third and fourth quarters of 2023.

In the quarter and two quarters ended June 25, 2023, we continued to experience commodity inflation, but to a lesser extent than we saw in 2022. Commodity inflation was 5.5% and 7.1% for the quarter and two quarters ended June 25, 2023, respectively, compared to 15.2% and 15.5% for the quarter and two quarters ended June 26, 2022. We expect our overall commodity inflation to ease over the course of the year and currently estimate commodity inflation in the mid-single digits for the full fiscal year. Labor expenses, as a percentage of revenue, slightly increased during the second quarter of 2023 compared to the same quarter in 2022. For the two quarters ended June 25, 2023, we experienced a decline in labor expenses, as a percentage of revenue, compared to the two quarters ended June 26, 2022 primarily due to increases in our average check, partially offset by additional wage investments. Subsequent to the quarter, we made additional wage investments in our team members. We currently estimate mid-single digit labor inflation for the full fiscal year. During mid-January 2023 and at the beginning of May 2023, we increased certain menu prices to reflect an approximate 2.0% and 3.0% price increase, respectively, to continue to combat inflationary cost pressures and progress towards our goal to improve Restaurant-Level Adjusted EBITDA margins for fiscal 2023. We will continue to monitor the environment and make additional pricing decisions, if necessary.

In the quarter ended June 25, 2023, operating income margin and Restaurant-Level Adjusted EBITDA Margin continued to improve since the fourth quarter of 2022. We believe this improvement was the result of our ongoing efforts to deploy strategic pricing actions, elevate guest experiences, and implement operational efficiencies.

Review of Second Quarter 2023 Financial Results

Revenues for the quarter ended June 25, 2023 were $169.2 million compared to $150.6 million for the quarter ended June 26, 2022, an increase of $18.6 million or 12.3%. The increase in revenues was primarily attributed to the opening of two restaurants in the second through fourth quarters of 2022 and four restaurants during the two quarters ended June 25, 2023 and an increase in our same-restaurant sales. Same-restaurant sales increased 5.9% during the second quarter ended June 25, 2023, which was attributable to an increase in average check of 7.1% and a 1.2% decrease in transactions. The higher average check was driven by an approximate 9.9% increase in certain menu prices partially offset by product mix. New restaurants positively impacted revenues by approximately $10.4 million in the quarter ended June 25, 2023. For the purpose of calculating same-restaurant sales for June 25, 2023, sales for 66 restaurants were included in the Comparable Restaurant Base (as defined in “Selected Operating Data” below).

Total restaurant operating expenses for the second quarter ended June 25, 2023 were $126.5 million compared to $112.2 million for the second quarter ended June 26, 2022, an increase of $14.2 million or 12.7%. The increase in restaurant operating expenses was driven by the opening of two restaurants in the second through fourth quarters of 2022 and four restaurants during the two quarters ended June 25, 2023. Additionally, food, beverage and packaging costs were negatively impacted by a 5.5% increase in commodity prices, partially offset by lower third-party delivery commissions. Labor expense increases were also driven by incremental investments to support our team members, including annual rate increases primarily made in July 2022, and higher variable-based compensation. These labor increases were partially offset by operational efficiencies. Operating expenses increased due to an increase in repair and maintenance expenses, credit card fees, insurance, and utilities.

General and administrative expenses for the quarter ended June 25, 2023 were $19.6 million compared to $15.4 million for the quarter ended June 26, 2022, an increase of $4.2 million or 27.0%. This increase was primarily driven by increases in variable-based compensation, salaries and wages attributable to annual rate increases, the filling of open positions, software and other licensing fees, and advertising expenses.

Operating income for the second quarter ended June 25, 2023 and June 26, 2022 was $17.4 million. There was an immaterial decrease in operating income in the second quarter ended June 25, 2023 compared to the second quarter ended June 26, 2022 due to the aforementioned increase in revenues and lower pre-opening expenses due to the timing and geographic location of activities related to our planned restaurant openings, more than offset by the aforementioned increases in expenses and higher depreciation and amortization.

Net income for the second quarter ended June 25, 2023 was $9.9 million compared to net income of $10.8 million for the second quarter ended June 26, 2022, a decrease of $0.9 million or 8.0%. The decrease in net income was primarily due to a decrease in the Tax Receivable Agreement liability adjustment of $1.2 million, an increase in interest expense of $0.4 million, and the aforementioned decrease in operating income, partially offset by a decrease in income tax expense of $0.8 million. The $0.4 million increase in interest expense was primarily driven by a higher effective interest rate attributable to the year over year rising interest rate environment, partially offset by the improved lending terms associated with our 2023 Term Loan and 2023 Revolver Facility.

Restaurant-Level Adjusted EBITDA* for the second quarter ended June 25, 2023 was $42.7 million compared to $38.4 million for the second quarter ended June 26, 2022, an increase of $4.3 million or 11.3%.

Adjusted EBITDA* for the second quarter ended June 25, 2023 was $29.2 million compared to $27.6 million for the second quarter ended June 26, 2022, an increase of $1.6 million or 5.8%.

*A reconciliation of Restaurant-Level Adjusted EBITDA and Adjusted EBITDA and the nearest GAAP financial measure is included under “Non-GAAP Financial Measures” in the accompanying financial information below.

Development Highlights

During the two quarters ended June 25, 2023, we opened the remaining four restaurants that were planned for 2022. The opening of these restaurants brings the total restaurant count to 76, including a restaurant owned by C&O of which Portillo’s owns 50% of the equity.

Below are the restaurants opened since the beginning of fiscal 2023:

Location Opening Date
Kissimmee, Florida December 2022
The Colony, Texas January 2023
Tucson, Arizona February 2023
Gilbert, Arizona March 2023
   

The following definitions apply to these terms as used in this release:

Same-Restaurant Sales – The change in same-restaurant sales is the percentage change in year-over-year revenue (excluding gift card breakage) for the Comparable Restaurant Base, excluding a restaurant that is owned by C&O. The Comparable Restaurant Base is defined as the number of restaurants open for at least 24 full fiscal periods. As of June 25, 2023 and June 26, 2022, there were 66 and 61 restaurants in our Comparable Restaurant Base, respectively.

A change in same-restaurant sales growth is the result of a change in restaurant transactions, average guest check, or a combination of the two. We gather daily sales data and regularly analyze the guest transaction counts and the mix of menu items sold to strategically evaluate menu pricing and demand. Measuring our same-restaurant sales growth allows management to evaluate the performance of our existing restaurant base. We believe this measure provides a consistent comparison of restaurant sales results and trends across periods within our core, established restaurant base, unaffected by results of restaurant openings and enables investors to better understand and evaluate the Company’s historical and prospective operating performance.

Average Unit Volume (“AUV”) – AUV is the total revenue (excluding gift card breakage) recognized in the Comparable Restaurant Base, including a restaurant that is owned by C&O, divided by the number of restaurants in the Comparable Restaurant Base, including C&O, by period.

This key performance indicator allows management to assess changes in consumer spending patterns at our restaurants and the overall performance of our restaurant base.

Adjusted EBITDA and Adjusted EBITDA Margin – Adjusted EBITDA represents net income (loss) before depreciation and amortization, interest expense and income taxes, adjusted for the impact of certain non-cash and other items that we do not consider in our evaluation of ongoing core operating performance as identified in the reconciliation of net income (loss), the most directly comparable GAAP measure to Adjusted EBITDA. Adjusted EBITDA Margin represents Adjusted EBITDA as a percentage of total revenues. See also “Non-GAAP Financial Measures.”

Restaurant-Level Adjusted EBITDA and Restaurant-Level Adjusted EBITDA Margin – Restaurant-Level Adjusted EBITDA is defined as revenue, less restaurant operating expenses, which include food, beverage and packaging costs, labor expenses, occupancy expenses and other operating expenses. Restaurant-Level Adjusted EBITDA excludes corporate level expenses and depreciation and amortization on restaurant property and equipment. Restaurant-Level Adjusted EBITDA Margin represents Restaurant-Level Adjusted EBITDA as a percentage of revenue. See also “Non-GAAP Financial Measures.”

For more information about the Company’s Non-GAAP measures, how they are calculated and reconciled and why management believes that they are useful, see “Non-GAAP Financial Measures” below.

Earnings Conference Call and Development Day

The Company will host a conference call to discuss its financial results for the second quarter ended June 25, 2023 on Thursday, August 3, 2023, at 10:00 AM ET. The conference call can be accessed live over the phone by dialing 1-877-407-3982 (toll-free) or 1-201-493-6780 (international). A telephone replay will be available shortly after the call has concluded and can be accessed by dialing 1-412-317-6671; the passcode is 13735738. The webcast will be available at www.portillos.com under the investors section and will be archived on the site shortly after the call has concluded.

We will also be hosting a Development Day on Tuesday, September 19, 2023 in Dallas-Fort Worth. This event will focus on Portillo’s development strategy as a key driver of the Company’s future growth.

About Portillo’s

In 1963, Dick Portillo invested $1,100 into a small trailer to open the first Portillo’s hot dog stand in Villa Park, IL, which he called “The Dog House.” Years later, Portillo’s (NASDAQ: PTLO) has grown to more than 70 restaurants across 10 states. Portillo’s is best known for its Chicago-style hot dogs, Italian beef sandwiches, char-grilled burgers, fresh salads and famous chocolate cake.

Cautionary Note Regarding Forward-Looking Statements

This press release contains forward-looking statements, within the meaning of the Private Securities Litigation Reform Act of 1995 (“PSLRA”). All statements other than statements of historical fact are forward-looking statements. Forward-looking statements discuss our current expectations and projections relating to our financial position, results of operations, plans, objectives, future performance and business, and are based on currently available operating, financial and competitive information which are subject to various risks and uncertainties, so you should not place undue reliance on forward-looking statements. You can identify forward-looking statements by the fact that they do not relate strictly to historical or current facts. These statements may include words such as “aim,” “anticipate,” “believe,” “commit,” “estimate,” “expect,” “forecast,” “outlook,” “potential,” “project,” “projection,” “plan,” “intend,” “seek,” “may,” “could,” “would,” “will,” “should,” “can,” “can have,” “likely,” the negatives thereof and other similar expressions.

Forward-looking statements are based on our current expectations and assumptions regarding our business, the economy and other future conditions. Because forward-looking statements relate to the future, by their nature, they are subject to inherent uncertainties, risks and changes in circumstances that are difficult to predict. As a result, our actual results may differ materially from those contemplated by the forward-looking statements, so you should not unduly rely on these statements. Important factors that could cause actual results to differ materially from those in the forward-looking statements include regional, national or global political, economic, business, competitive, market and regulatory conditions and the following:

  • risks related to or arising from our organizational structure;
  • risks of food-borne illness and food safety and other health concerns about our food;
  • the impact of unionization activities of our restaurant workers on our operations and profitability;
  • the impact of recent bank failures on the marketplace, including the ability to access credit;
  • risks associated with our reliance on certain information technology systems and potential failures or interruptions;
  • privacy and cyber security risks related to our digital ordering and payment platforms for our delivery business;
  • the impact of competition, including from our competitors in the restaurant industry or our own restaurants;
  • the increasingly competitive labor market and our ability to attract and retain the best talent and qualified employees;
  • the impact of federal, state or local government regulations relating to privacy, data protection, advertising and consumer protection, building and zoning requirements, costs or ability to open new restaurants, or sale of food and alcoholic beverage control regulations;
  • inability to achieve our growth strategy, such as the availability of suitable new restaurant sites in existing and new markets and opening of new restaurants at the anticipated rate and on the anticipated timeline;
  • increases in food and other operating costs, tariffs and import taxes, and supply shortages;
  • the potential future impact of COVID-19 (including any variant) on our results of operations, supply chain or liquidity; and
  • other risks identified in our filings with the Securities and Exchange Commission (the “SEC”).

All forward-looking statements are expressly qualified in their entirety by these cautionary statements. You should evaluate all forward-looking statements made in this press release in the context of the risks and uncertainties disclosed in the Company’s most recent Annual Report on Form 10-K, filed with the SEC. All of the Company’s SEC filings are available on the SEC’s website at www.sec.gov. The forward-looking statements included in this press release are made only as of the date hereof. The Company undertakes no obligation to publicly update or revise any forward-looking statement as a result of new information, future events or otherwise, except as otherwise required by law.

Investor Contact:

Barbara Noverini, CFA
[email protected] 

Media Contact:

ICR, Inc.
[email protected] 

PORTILLO’S INC

CONSOLIDATED STATEMENT OF OPERATIONS (UNAUDITED)

(in thousands, except share and per share data)
       
  Quarter Ended   Two Quarters Ended
  June 25, 2023   June 26, 2022   June 25, 2023   June 26, 2022
REVENUES, NET $ 169,182     100.0 %   $ 150,623     100.0 %   $ 325,242     100.0 %   $ 285,105     100.0 %
                               
COST AND EXPENSES:                              
Restaurant operating expenses:                              
Food, beverage and packaging costs   56,229     33.2 %     51,774     34.4 %     109,856     33.8 %     98,040     34.4 %
Labor   43,153     25.5 %     37,906     25.2 %     83,612     25.7 %     75,219     26.4 %
Occupancy   8,237     4.9 %     7,379     4.9 %     16,688     5.1 %     15,134     5.3 %
Other operating expenses   18,832     11.1 %     15,178     10.1 %     37,536     11.5 %     30,343     10.6 %
Total restaurant operating expenses   126,451     74.7 %     112,237     74.5 %     247,692     76.2 %     218,736     76.7 %
                               
General and administrative expenses   19,609     11.6 %     15,439     10.3 %     38,387     11.8 %     31,126     10.9 %
Pre-opening expenses   275     0.2 %     423     0.3 %     2,619     0.8 %     979     0.3 %
Depreciation and amortization   5,941     3.5 %     5,309     3.5 %     11,610     3.6 %     10,514     3.7 %
Net income attributable to equity method investment   (381 )   (0.2) %     (275 )   (0.2) %     (588 )   (0.2) %     (398 )   (0.1) %
Other (income) loss, net   (97 )   (0.1) %     51     %     (354 )   (0.1) %     (105 )   %
OPERATING INCOME   17,384     10.3 %     17,439     11.6 %     25,876     8.0 %     24,253     8.5 %
Interest expense   6,523     3.9 %     6,097     4.0 %     13,966     4.3 %     12,196     4.3 %
Tax Receivable Agreement liability adjustment   (579 )   (0.3) %     (1,754 )   (1.2) %     (1,163 )   (0.4) %     (1,754 )   (0.6) %
Loss on debt extinguishment       %         %     3,465     1.1 %         %
INCOME BEFORE INCOME TAXES   11,440     6.8 %     13,096     8.7 %     9,608     3.0 %     13,811     4.8 %
Income tax expense   1,542     0.9 %     2,340     1.6 %     983     0.3 %     2,505     0.9 %
NET INCOME   9,898     5.9 %     10,756     7.1 %     8,625     2.7 %     11,306     4.0 %
Net income attributable to non-controlling interests   3,110     1.8 %     5,645     3.7 %     2,351     0.7 %     6,001     2.1 %
NET INCOME ATTRIBUTABLE TO PORTILLO’S INC. $ 6,788     4.0 %   $ 5,111     3.4 %   $ 6,274     1.9 %   $ 5,305     1.9 %
                               
Net income per common share attributable to Portillo’s Inc.:                              
Basic $ 0.12         $ 0.14         $ 0.12         $ 0.15      
Diluted $ 0.12         $ 0.13         $ 0.11         $ 0.13      
                               
Weighted-average common shares outstanding:                              
Basic   54,964,649           35,991,079           52,252,053           35,899,125      
Diluted   58,550,057           39,687,090           55,806,455           39,839,292      

PORTILLO’S INC.

CONSOLIDATED BALANCE SHEETS (UNAUDITED)

(in thousands, except share and per share data)
 
  June 25, 2023   December 25, 2022
ASSETS      
CURRENT ASSETS:      
Cash and cash equivalents and restricted cash $ 22,457   $ 44,427  
Accounts receivable   11,496     8,590  
Inventory   6,493     7,387  
Prepaid expenses   5,139     4,922  
Total current assets   45,585     65,326  
Property and equipment, net   250,443     227,036  
Operating lease assets   179,449     166,808  
Goodwill   394,298     394,298  
Trade names   223,925     223,925  
Other intangible assets, net   30,356     31,800  
Equity method investment   16,373     16,274  
Deferred tax assets   186,997     150,497  
Other assets   4,061     4,119  
Total other assets   856,010     820,913  
TOTAL ASSETS $ 1,331,487   $ 1,280,083  
       
LIABILITIES AND STOCKHOLDERS’ EQUITY      
CURRENT LIABILITIES:      
Accounts payable $ 24,147   $ 30,273  
Current portion of long-term debt   7,500     4,155  
Current portion of Tax Receivable Agreement liability   6,309     813  
Short-term debt   10,000      
Current deferred revenue   4,696     7,292  
Short-term operating lease liability   5,053     4,849  
Accrued expenses   31,322     29,915  
Total current liabilities   89,027     77,297  
LONG-TERM LIABILITIES:      
Long-term debt, net of current portion   289,168     314,425  
Tax Receivable Agreement liability   295,696     252,003  
Long-term operating lease liability   217,989     200,166  
Other long-term liabilities   3,151     3,291  
Total long-term liabilities   806,004     769,885  
Total liabilities   895,031     847,182  
       
COMMITMENTS AND CONTINGENCIES      
       
STOCKHOLDER’S EQUITY:      
Preferred stock, $0.01 par value per share, 10,000,000 shares authorized, none issued or outstanding        
Class A common stock, $0.01 par value per share, 380,000,000 shares authorized, and 55,073,993 and 48,420,723 shares issued and outstanding at June 25, 2023 and December 25, 2022, respectively.   551     484  
Class B common stock, $0.00001 par value per share, 50,000,000 shares authorized, and 17,472,926 and 23,837,162 shares issued and outstanding at June 25, 2023 and December 25, 2022, respectively.        
Additional paid-in-capital   301,622     260,664  
Retained earnings (accumulated deficit)   1,462     (4,812 )
Total stockholders’ equity attributable to Portillo’s Inc.   303,635     256,336  
Non-controlling interest   132,821     176,565  
Total stockholders’ equity   436,456     432,901  
TOTAL LIABILITIES AND STOCKHOLDERS’ EQUITY $ 1,331,487   $ 1,280,083  

PORTILLO’S INC

CONSOLIDATED STATEMENTS OF CASH FLOWS (UNAUDITED)

(in thousands)
   
  Two Quarters Ended
  June 25, 2023   June 26, 2022
CASH FLOWS FROM OPERATING ACTIVITIES:      
Net income $ 8,625     $ 11,306  
Adjustments to reconcile net income to net cash provided by operating activities:      
Depreciation and amortization   11,610       10,514  
Amortization of debt issuance costs and discount   620       1,243  
Loss on sales of assets   496       107  
Equity-based compensation   7,720       7,649  
Deferred rent and tenant allowance         2,112  
Deferred income tax expense   983       2,505  
Tax Receivable Agreement liability adjustment   (1,163 )     (1,754 )
Amortization of deferred lease incentives         (166 )
Gift card breakage   (528 )     (474 )
Loss on debt extinguishment   3,465        
Changes in operating assets and liabilities:      
Accounts receivables   (906 )     (1,089 )
Receivables from related parties   (141 )     (66 )
Inventory   894       439  
Other current assets   (218 )     754  
Operating lease assets   3,880        
Accounts payable   (2,779 )     (2,908 )
Accrued expenses and other liabilities   (559 )     (6,140 )
Operating lease liabilities   (1,359 )      
Deferred lease incentives   850       1,251  
Other assets and liabilities   (181 )     76  
NET CASH PROVIDED BY OPERATING ACTIVITIES   31,309       25,359  
CASH FLOWS FROM INVESTING ACTIVITIES:      
Purchase of property and equipment   (37,359 )     (13,940 )
Proceeds from the sale of property and equipment   33       30  
NET CASH USED IN INVESTING ACTIVITIES   (37,326 )     (13,910 )
CASH FLOWS FROM FINANCING ACTIVITIES:      
Proceeds from short-term debt, net   10,000        
Proceeds from long-term debt   300,000        
Payments of long-term debt   (322,428 )     (1,662 )
Proceeds from equity offering, net of underwriting discounts   179,306        
Repurchase of outstanding equity / Portillo’s OpCo units   (179,306 )      
Distributions paid to non-controlling interest holders   (399 )      
Proceeds from stock option exercises   1,015       1,451  
Employee withholding taxes related to net settled equity awards   (56 )      
Proceeds from Employee Stock Purchase Plan purchases   297        
Payments of Tax Receivable Agreement liability   (813 )      
Payment of deferred financing costs   (3,569 )      
Payment of initial public offering issuance costs         (771 )
NET CASH USED IN FINANCING ACTIVITIES   (15,953 )     (982 )
NET (DECREASE) INCREASE IN CASH AND CASH EQUIVALENTS AND RESTRICTED CASH   (21,970 )     10,467  
CASH AND CASH EQUIVALENTS AND RESTRICTED CASH AT BEGINNING OF THE PERIOD   44,427       39,263  
CASH AND CASH EQUIVALENTS AND RESTRICTED CASH AT END OF THE PERIOD $ 22,457     $ 49,730  
       

PORTILLO’S INC

SELECTED OPERATING DATA AND NON-GAAP FINANCIAL MEASURES
       
  Quarter Ended   Two Quarters Ended
  June 25, 2023   June 26, 2022   June 25, 2023   June 26, 2022
Total Restaurants (a)   76       71       76       71  
AUV (in millions) (a) N/A   N/A   $ 8.8     $ 8.3  
Change in same-restaurant sales (b)   5.9 %     1.9 %     7.4 %     4.8 %
Adjusted EBITDA (in thousands) (b) $ 29,223     $ 27,613     $ 48,856     $ 45,244  
Adjusted EBITDA Margin (b)   17.3 %     18.3 %     15.0 %     15.9 %
Restaurant-Level Adjusted EBITDA (in thousands) (b) $ 42,731     $ 38,386     $ 77,550     $ 66,369  
Restaurant-Level Adjusted EBITDA Margin (b)   25.3 %     25.5 %     23.8 %     23.3 %

(a) Includes a restaurant that is owned by C&O of which Portillo’s owns 50% of the equity. AUVs for the quarters ended June 25, 2023 and June 26, 2022 represent AUVs for the twelve months ended June 25, 2023 and June 26, 2022, respectively. Total restaurants indicated are as of a point in time.
(b) Excludes a restaurant that is owned by C&O of which Portillo’s owns 50% of the equity.

PORTILLO’S INC.

NON-GAAP FINANCIAL MEASURES

To supplement the consolidated financial statements, which are prepared and presented in accordance with GAAP, we use the following non-GAAP financial measures: Adjusted EBITDA and Adjusted EBITDA Margin, and Restaurant-Level Adjusted EBITDA and Restaurant-Level Adjusted EBITDA Margin. Accordingly, these measures are not required by, nor presented in accordance with GAAP, but rather are supplemental measures of operating performance of our restaurants. You should be aware that these measures are not indicative of overall results for the Company and that Restaurant-Level Adjusted EBITDA and Restaurant-Level Adjusted EBITDA Margin do not accrue directly to the benefit of stockholders because of corporate-level expenses excluded from such measures. These measures are supplemental measures of operating performance and our calculations thereof may not be comparable to similar measures reported by other companies. These measures are important measures to evaluate the performance and profitability of our restaurants, individually and in the aggregate, but also have important limitations as analytical tools and should not be considered in isolation as substitutes for analysis of our results as reported under GAAP.

Adjusted EBITDA and Adjusted EBITDA Margin

Adjusted EBITDA represents net income before depreciation and amortization, interest expense and income taxes, adjusted for the impact of certain non-cash and other items that we do not consider in our evaluation of ongoing core operating performance as identified in the reconciliation of net income (loss), the most directly comparable GAAP measure to Adjusted EBITDA. Adjusted EBITDA Margin represents Adjusted EBITDA as a percentage of total revenues.

We use Adjusted EBITDA and Adjusted EBITDA Margin (i) to evaluate our operating results and the effectiveness of our business strategies, (ii) internally as benchmarks to compare our performance to that of our competitors and (iii) as factors in evaluating management’s performance when determining incentive compensation.

We believe that Adjusted EBITDA and Adjusted EBITDA Margin are important measures of operating performance because they eliminate the impact of expenses that do not relate to our core operating performance.

Restaurant-Level Adjusted EBITDA and Restaurant-Level Adjusted EBITDA Margin

Restaurant-Level Adjusted EBITDA is defined as revenue, less restaurant operating expenses, which include food, beverage and packaging costs, labor expenses, occupancy expenses and other operating expenses. Restaurant-Level Adjusted EBITDA excludes corporate level expenses and depreciation and amortization on restaurant property and equipment. Restaurant-Level Adjusted EBITDA Margin represents Restaurant-Level Adjusted EBITDA as a percentage of revenue.

We believe that Restaurant-Level Adjusted EBITDA and Restaurant-Level Adjusted EBITDA Margin are important measures to evaluate the performance and profitability of our restaurants, individually and in the aggregate.

See below for a reconciliation of net income, the most directly comparable GAAP measure, to Adjusted EBITDA and Adjusted EBITDA Margin (in thousands):

  Quarter Ended   Two Quarters Ended
  June 25, 2023   June 26, 2022   June 25, 2023   June 26, 2022
Net income $ 9,898     $ 10,756     $ 8,625     $ 11,306  
Depreciation and amortization   5,941       5,309       11,610       10,514  
Interest expense   6,523       6,097       13,966       12,196  
Loss on debt extinguishment               3,465        
Income tax expense   1,542       2,340       983       2,505  
EBITDA   23,904       24,502       38,649       36,521  
Deferred rent (1)   1,169       865       2,393       1,946  
Equity-based compensation   4,184       3,864       7,720       7,649  
Other loss (2)   377       93       496       125  
Transaction-related fees & expenses (3)   168       43       761       757  
Tax Receivable Agreement liability adjustment (4)   (579 )     (1,754 )     (1,163 )     (1,754 )
Adjusted EBITDA $ 29,223     $ 27,613     $ 48,856     $ 45,244  
Adjusted EBITDA Margin (5)   17.3 %     18.3 %     15.0 %     15.9 %

(1) Represents the difference between cash rent payments and the recognition of straight-line rent expense recognized over the lease term.
(2) Represents loss on disposal of property and equipment.
(3) Represents the exclusion of certain expenses that management believes are not indicative of ongoing operations, consisting primarily of certain professional fees.
(4) Represents remeasurement of the Tax Receivable Agreement liability.
(5) Adjusted EBITDA Margin is defined as Adjusted EBITDA divided by Revenues, net.

See below for a reconciliation of operating income, the most directly comparable GAAP measure, to Restaurant-Level Adjusted EBITDA and Restaurant-Level Adjusted EBITDA Margin (in thousands):

  Quarter Ended   Two Quarters Ended
  June 25, 2023   June 26, 2022   June 25, 2023   June 26, 2022
Operating income $ 17,384     $ 17,439     $ 25,876     $ 24,253  
Plus:              
General and administrative expenses   19,609       15,439       38,387       31,126  
Pre-opening expenses   275       423       2,619       979  
Depreciation and amortization   5,941       5,309       11,610       10,514  
Net income attributable to equity method investment   (381 )     (275 )     (588 )     (398 )
Other (income) loss, net   (97 )     51       (354 )     (105 )
Restaurant-Level Adjusted EBITDA $ 42,731     $ 38,386     $ 77,550     $ 66,369  
Restaurant-Level Adjusted EBITDA Margin (1)   25.3 %     25.5 %     23.8 %     23.3 %

(1) Restaurant-Level Adjusted EBITDA Margin is defined as Restaurant-Level Adjusted EBITDA divided by Revenues, net



Oatly and Amazon Expand Relationship to Meet Growing Demand for Plant-Based Drinks Across Europe

Companies expand on successful relationship in the UK where Oatly is already a top 30 grocery product for Amazon

MALMÖ, Sweden, Aug. 03, 2023 (GLOBE NEWSWIRE) — Oatly Group AB (Nasdaq: OTLY)(“Oatly” or the “Company”), the world’s original and largest oat drink company, today announced an expansion of its direct relationship with Amazon through a new pan-European arrangement that will see a range of Oatly’s Oat Drink products made available on Amazon beginning later this year across key European markets – including Germany, France, Italy, Spain, Netherlands and Belgium.

Under the arrangement, Oatly will have the ability to list several of its popular Oat Drink lines across the markets including Oatly Barista Edition, Oatly Light, Oatly Semi, Oatly Whole, Oatly “No” Sugars and Mini Barista. Amazon Prime members will be able to access Oatly products with next day and subscribe and save delivery options.

Since launching a direct relationship with Amazon in the UK in October of last year, Oatly Barista Edition has regularly performed in the top 30 of all grocery products and is currently #1 in oat drink sales on Amazon in the UK. Oatly has formed a new pan-European business group to manage the Amazon relationship, which will be led by its General Manager of UK & Ireland, Bryan Carroll.

“We’re excited to build on the successful relationship we’ve had with Amazon in the UK and look forward to making more Oatly products available to more Amazon customers across Europe,” said Daniel Ordoñez, Chief Operating Officer at Oatly. “Amazon is an important part of our customer mix that helps support our mission to make plant-based drinks increasingly accessible and affordable to people and small businesses everywhere for the benefit of our planet.”

Oatly plans to produce a fully enclosed bespoke packaging solution for Amazon customers, allowing shipment straight through Amazon’s supply chain. This removes the need for additional packaging and further reduces the carbon footprint of purchasing via this channel compared to customary packaging.

Scaling of the relationship follows recent reports that sales of plant-based milks have increased by 20% across Europe1. The Good Food Institute Europe reported sales of plant-based foods were on the rise, amounting to €5.7 billion in 2022, with plant-based milks leading the category.

1
GFI EUROPE / Europe: Plant-Based Foods Retail Market Report (2020-2022)

About Oatly

We are the world’s original and largest oat drink company. For over 25 years, we have exclusively focused on developing expertise around oats: a global power crop with inherent properties suited for sustainability and human health. Our commitment to oats has resulted in core technical advancements that enabled us to unlock the breadth of the dairy portfolio, including alternatives to milks, ice cream, yogurt, cooking creams, spreads and on-the-go drinks. Headquartered in Malmö, Sweden, the Oatly brand is available in more than 20 countries globally.

Forward Looking Statements

This press release contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Any express or implied statements contained in this press release that are not statements of historical fact may be deemed to be forward-looking statements, including, without limitation, regarding the business and expanded relationship with Amazon, as well as statements that include the words “expect,” “intend,” “plan,” “believe,” “project,” “forecast,” “estimate,” “may,” “should,” “anticipate,” “will,” “aim,” “potential,” “continue,” “is/are likely to” and similar statements of a future or forward-looking nature. Forward-looking statements are neither promises nor guarantees, but involve known and unknown risks and uncertainties that could cause actual results to differ materially from those projected, including, without limitation: general economic conditions including high inflationary cost pressures; our history of losses and inability to achieve or sustain profitability; the impact of the COVID-19 pandemic, including the spread of variants of the virus, on our business and the international economy; any failure to obtain necessary capital when needed on acceptable terms; a cybersecurity incident or other technology disruptions; changing consumer preferences and our ability to adapt to new or changing preferences; and the other important factors discussed under the caption “Risk Factors” in Oatly’s Annual Report on Form 20-F for the year ended December 31, 2022 filed with the SEC on April 19, 2023 and other filings with the SEC as such factors may be updated from time to time. Any forward-looking statements contained in this press release speak only as of the date hereof and accordingly undue reliance should not be placed on such statements. Oatly disclaims any obligation or undertaking to update or revise any forward-looking statements contained in this press release, whether as a result of new information, future events or otherwise, other than to the extent required by applicable law. 



Contacts

Oatly Group AB
+1 866-704-0391
[email protected]
[email protected]

Freshworks Unveils AI-Powered Customer Service Suite with Freddy Generative AI Integration

SAN MATEO, Calif., Aug. 03, 2023 (GLOBE NEWSWIRE) — Freshworks Inc., (NASDAQ: FRSH) today announced the launch of its AI-powered Customer Service Suite which brings together self-service bots, agent-led conversational messaging, and automated ticketing management in an all-in-one solution. Uniting Freshchat™, Freshdesk™, and the company’s generative artificial intelligence technology, Freddy AI, the Freshworks Customer Service Suite enables a modern customer support experience accessible to any company, with pricing that scales from small business to global enterprise.

Ninety four percent of business leaders surveyed in Deloitte’s State of AI in the Enterprise, 5th Edition, agree that AI is critical to success over the next five years. However, many (42%) see implementing AI technologies a barrier to doing that. Freshworks Customer Service Suite
is easy-to-implement, easy-to-use, and easy-to-scale solution for companies looking to leverage AI to retain and delight their customers.

“At Freshworks, we’ve always been committed to delivering innovative solutions that anticipate the needs of our customers. The new Freshworks Customer Service Suite is firmly rooted in generative AI technology and empowers businesses to automate customer resolutions, supercharge agent productivity and make smart decisions quickly at a price point that every company wants,” said Freshworks’ Chief Product Officer Prakash Ramamurthy.

The Freshworks Customer Service Suite follows the June beta launch of Freddy Self Service, Copilot, and Insights, which brought generative AI enhancements to a wide range of Freshworks products, and builds upon Freshworks’ generative AI enhancements released in March, which are already reducing agent time required on certain tasks by more than 80%.

Using Freshworks’ Freddy AI capabilities with the Customer Service Suite, companies of all sizes can:

  • Automate and personalized self-service across channels. Freddy Self Service AI-powered bots work across channels to help customers find answers fast. Ticket deflection happens faster and customers receive an overall better experience with personalized resolutions.
  • Supercharge agent productivity and collaboration. Freddy Copilot equips agents with next-best-action suggestions, streamlines workflows and enables them to deliver accurate and personalized service. Integration with an advanced ticketing system promotes seamless teamwork among departments.
  • Leverage actionable Insights to make smarter decisions. Freddy Insights continuously analyzes data to surface key issues, make recommendations to fix those issues, and generate reports using conversational prompts.

The all-in-one Suite offers value for businesses seeking to elevate their customer support capabilities with more engaging customer experiences and improved agent productivity.

Freshdesk customer, David Yabubik, Director of Customer Support atRestaurant365, said, “We have big aspirations for the future and if we are ever going to hit the kind of revenue, service margins, and scale of support, we’re going to need to get more efficient and automate our work. AI promises to do just that, with a potential game changer in the Freshworks Customer Service Suite.”

Frank Servidio, Director of Service Operations at Ryan Specialty, said, “Our existing Freshdesk knowledge base automations combined with the new Freddy AI Self-Service capabilities will play very nicely with the Freshchat bots we are implementing. We’re expecting bots and automations will decrease tickets by at least 10 percent, probably more.”

Read more about the Customer Service Suite on our blog: https://www.freshworks.com/customer-service-generative-ai-blog/
Experience a free trial by signing up on our website: https://www.freshworks.com/customer-service-suite/demo-request/

About Freshworks

Freshworks Inc., (NASDAQ: FRSH) creates business software anyone can use. Purpose-built for IT, customer support, and sales and marketing teams, our AI-boosted products are designed to let everyone work more efficiently and deliver more value for immediate business impact. Headquartered in San Mateo, California, Freshworks operates around the world to serve more than 65,000 customers, including American Express, Blue Nile, Bridgestone, Databricks, Fila, Klarna, and OfficeMax. For the freshest company news, visit www.freshworks.com and follow us on Facebook, LinkedIn, and Twitter.

© 2023 Freshworks Inc. All Rights Reserved. Freshworks and its associated logo is a trademark of Freshworks Inc. All other company, brand and product names may be trademarks or registered trademarks of their respective companies. Nothing in this press release should be construed to the contrary, or as an approval, endorsement or sponsorship by any third party of Freshworks Inc. or any aspect of this press release.

Media Relations Contact:

Erika Howard
[email protected]

A photo accompanying this announcement is available at https://www.globenewswire.com/NewsRoom/AttachmentNg/d49f6fcc-bf23-4b33-8f03-d324b0508cfa.



Predictive Oncology to Report Second Quarter 2023 Financial Results and Host Conference Call and Webcast on Thursday, August 10, 2023

Management to host conference call and webcast at 5:30pm EDT

EAGAN, Minn., Aug. 03, 2023 (GLOBE NEWSWIRE) — Predictive Oncology Inc. (NASDAQ: POAI), a science-driven company leveraging its proprietary artificial intelligence and machine learning capabilities, extensive biorepository of tumor samples, Clinical Laboratory Improvement Amendments (CLIA) laboratory and Good Manufacturing Practices (GMP) facility, to accelerate oncology drug discovery and enable drug development, today announced that it will report its financial results for the second quarter ended June 30, 2023 after the markets close on Thursday, August 10, 2023. The company will host a corporate update conference call and live audio webcast at 5:30 p.m. on that day.

 
Live Conference Call & Webcast:
Toll Free:  877-407-3982
International:   201-493-6780
Conference ID:  13739784
Call me™: Link here
Webcast: https://viavid.webcasts.com/starthere.jsp?ei=1623390&tp_key=3efc160cb8
   

A replay of the webcast will be available in the Investors section of the Predictive Oncology website at https://investors.predictive-oncology.com/events-and-presentations.

About Predictive Oncology

Predictive Oncology is on the cutting edge of the rapidly growing use of artificial intelligence and machine learning to expedite early drug discovery and enable drug development for the benefit of cancer patients worldwide. The Company’s scientifically validated AI platform, PEDAL, is able to predict with 92% accuracy if a tumor sample will respond to a certain drug compound, allowing for a more informed selection of drug/tumor type combinations for subsequent in-vitro testing. Together with the Company’s vast biobank of more than 150,000 assay-capable heterogenous human tumor samples, Predictive Oncology offers its academic and industry partners one of the industry’s broadest AI-based drug discovery solutions, further complimented by its wholly owned CLIA lab and GMP facilities. Predictive Oncology is headquartered in Eagan, MN.    

Contact:

Predictive Oncology Inc.
Theresa Ferguson, Senior Director of Marketing
Phone: (630) 566-2003
[email protected]

Predictive Oncology Investor Relations
Tim McCarthy  
LifeSci Advisors, LLC.  
[email protected]  

Forward-Looking Statements:

Certain matters discussed in this release contain forward-looking statements. These forward-looking statements reflect our current expectations and projections about future events and are subject to substantial risks, uncertainties and assumptions about our operations and the investments we make. All statements, other than statements of historical facts, included in this press release regarding our strategy, future operations, future financial position, future revenue and financial performance, projected costs, prospects, changes in management, plans and objectives of management are forward-looking statements. The words “anticipate,” “believe,” “estimate,” “expect,” “intend,” “may,” “plan,” “would,” “target” and similar expressions are intended to identify forward-looking statements, although not all forward-looking statements contain these identifying words. Our actual future performance may materially differ from that contemplated by the forward-looking statements as a result of a variety of factors including, among other things, factors discussed under the heading “Risk Factors” in our filings with the SEC. Except as expressly required by law, the Company disclaims any intent or obligation to update these forward-looking statements.

 



Paratek Pharmaceuticals Announces Second Quarter 2023 Revenue of $40.0 Million

— NUZYRA® (omadacycline) Net U.S. Sales of $33.8 Million from the Core Commercial Business, a 35% Increase Over Second Quarter 2022

–Previously Announced Agreement to be Acquired by Gurnet Point Capital and Novo Holdings A/S; Transaction Expected to Close in the Third Quarter

BOSTON, Aug. 03, 2023 (GLOBE NEWSWIRE) — Paratek Pharmaceuticals, Inc. (Nasdaq: PRTK), (“Paratek” or “the Company”), a commercial-stage biopharmaceutical company focused on the development and commercialization of novel life-saving therapies for life-threatening diseases and other public health threats for civilian, government and military use, today reported financial results and provided an update on corporate activities for the second quarter ended June 30, 2023.


Recent Highlights

  • BARDA Contract Modification: The Company executed a modification to its Project BioShield contract with the Biomedical Advanced Research and Development Authority (“BARDA”), part of the Administration for Strategic Preparedness and Response (“ASPR”) within the U.S. Department of Health and Human Services, in July 2023.

    • BARDA and Paratek have agreed the next procurement of NUZYRA anthrax treatment courses will be split into two equal procurements based on the achievement of specific development milestones toward both treatment and post-exposure prophylaxis (“PEP”) indications of pulmonary anthrax.
      • The first of these procurements will be triggered by the delivery of positive top-line data from a dose-ranging efficacy study for PEP of inhalation anthrax in non-human primates (“NHPs”). The company expects this data to be available in the first quarter of 2024.
      • The second of these procurements will be triggered by BARDA’s receipt of positive top-line data from a combination of two studies, a dose-ranging efficacy study in NHPs and a pivotal efficacy study in rabbits for the treatment of inhalation anthrax, which the company anticipates could be available as early as the fourth quarter of 2024. 
  • Non-Tuberculous Mycobacteria (“NTM”) Rare Disease Program: The Company announced that the European Medicines Agency (“EMA”) Committee for Orphan Medicinal Products (“COMP”) recommended a positive opinion for orphan medicinal product designation for NUZYRA for the treatment of NTM lung disease in June 2023. The European Commission officially designated NUZYRA as an orphan medicinal product in July 2023.


Second Quarter 2023 Financial Results

Total revenue for the second quarter of 2023 was $40.0 million compared to $29.6 million for the same period in the prior year. Total revenue for the second quarter of 2023 was comprised of the following:

  • NUZYRA net U.S. sales of $33.8 million, which represented a 35% increase from $25.1 million for the same period in the prior year.
  • Government contract service and grant revenue earned from cost reimbursement under the BARDA contract of $5.6 million, a 40% increase from $4.0 million for the same period in the prior year.
  • Collaboration and royalty revenue of $0.6 million, consistent with $0.6 million for the same period in the prior year, both of which primarily represent royalty revenues earned on sales of NUZYRA in China and on sales of SEYSARA® (sarecycline) in the United States.

Research and development (“R&D”) expenses were $8.8 million for the second quarter of 2023, compared to $7.6 million for the same period in the prior year.

Selling, general and administrative (“SG&A”) expenses were $36.3 million for the second quarter of 2023, compared to $30.3 million for the same period in the year. The increase in SG&A expenses is primarily the result of costs incurred in connection with the potential acquisition of Paratek by Gurnet Point and Novo Holdings.

Paratek reported a net loss of $14.6 million, or $(0.25) per share, for the second quarter of 2023, compared to a net loss of $17.7 million, or $(0.33) per share, for the same period in the prior year.

Paratek had cash and cash equivalents of $42.7 million as of June 30, 2023. Based upon the Company’s current operating plan, if it is unable to consummate the merger with Gurnet Point and Novo Holdings, as described below, there is substantial doubt about the Company’s ability to operate as a going concern.


Proposed Gurnet Point Capital and Novo Holdings A/S Transaction

On June 6, 2023, Paratek announced it entered into a definitive agreement to be acquired by Gurnet Point Capital (“Gurnet Point”) and Novo Holdings A/S (“Novo Holdings”) in a transaction valued at approximately $462 million, including the assumption of debt and assuming full payment of a Contingent Value Right (“CVR”). Debt financing of $175 million for this transaction will be provided by funds managed by Oaktree Capital Management, L.P.

Under the terms of the merger agreement, Gurnet Point, a leading healthcare investment firm, and Novo Holdings, a holding and investment company responsible for managing the assets and wealth of the Novo Nordisk Foundation, will acquire all outstanding shares of Paratek for $2.15 per share in cash at close, plus a CVR of $0.85 per share payable upon the achievement of $320 million in U.S. NUZYRA net sales (excluding certain permitted deductions, payments under Paratek’s contract with ASPR-BARDA, certain government payments and certain royalty revenue) in any calendar year ending on or prior to December 31, 2026.

The transaction, which the Paratek Board of Directors has unanimously approved, is expected to close in the third quarter of 2023, subject to customary closing conditions, including approval by Paratek shareholders and receipt of regulatory approvals. Following completion, Paratek will become a private company and will no longer be subject to the reporting requirements of the Securities Exchange Act of 1934, as amended, nor be traded on Nasdaq Global Market.

Due to the pending transaction, Paratek will not host a conference call to discuss its quarterly financial results or comment on its financial guidance for the year ending December 31, 2023.


About Paratek Pharmaceuticals, Inc.

Paratek Pharmaceuticals, Inc. is a commercial-stage biopharmaceutical company focused on the development and commercialization of novel life-saving therapies for life-threatening diseases or other public health threats for civilian, government and military use.

The company’s lead commercial product, NUZYRA® (omadacycline), is a once-daily oral and intravenous antibiotic available in the United States for the treatment of adults with community-acquired bacterial pneumonia (CABP) and acute bacterial skin and skin structure infections (ABSSSI). Paratek has a collaboration agreement with Zai Lab for the development and commercialization of omadacycline in the greater China region and retains all remaining global rights.

Paratek is also conducting a Phase 2b study with NUZYRA in a rare disease, nontuberculous mycobacterial (NTM) pulmonary disease, caused by Mycobacterium abscessus complex. Paratek estimates this opportunity represents a potential $1 billion addressable market in the United States.

Paratek exclusively licensed U.S. rights and rights to the greater China territory for SEYSARA® (sarecycline), a once-daily oral therapy for the treatment of moderate to severe acne vulgaris, to Almirall, LLC. Paratek retains the development and commercialization rights for sarecycline in the rest of the world.

In 2019, Paratek was awarded a contract from the U.S. Department of Health and Human Services’ Biomedical Advanced Research and Development Authority (BARDA), now valued at up to $304 million, to support the development and U.S.-based manufacturing of NUZYRA for pulmonary anthrax.

For more information, visit www.ParatekPharma.com or follow us on LinkedIn and Twitter.


About NUZYRA
®

NUZYRA® (omadacycline) is a novel antibiotic with both once-daily oral and intravenous (IV) formulations for the treatment of community-acquired bacterial pneumonia (CABP) and acute bacterial skin and skin structure infections (ABSSSI). A modernized tetracycline, NUZYRA is specifically designed to overcome tetracycline resistance and exhibits activity across a spectrum of bacteria, including Gram-positive, Gram-negative, atypicals and other drug-resistant strains. 


Forward Looking Statements

This press release contains forward-looking statements including statements related to the expected timing of closing of our sale to Gurnet Point and Novo Holdings, our overall strategy, products, prospects, potential and expected results, including statements about our expectations regarding the Company’s future growth and performance, revenue and operating expense projections, our ability to continue to execute and deliver on our BARDA contract, the status of our NTM development program, and our ability to operate as a going concern.

All statements, other than statements of historical facts, included in this press release are forward-looking statements, and are identified by words such as “expect,” “anticipate,” “continue,” “will” and other words and terms of similar meaning. These forward-looking statements are based upon our current expectations and involve substantial risks and uncertainties. We may not actually achieve the plans, carry out the intentions or meet the expectations or projections disclosed in our forward-looking statements and you should not place undue reliance on these forward-looking statements. Our actual results and the timing of events could differ materially from those included in such forward-looking statements as a result of these risks and uncertainties. These and other risk factors are discussed under “Risk Factors” and elsewhere in our Annual Report on Form 10-K for the year ended December 31, 2022 and our other filings with the Securities and Exchange Commission. We expressly disclaim any obligation or undertaking to update or revise any forward-looking statements contained herein.

PARATEK PHARMACEUTICALS, INC.

Condensed Consolidated Balance Sheets

(unaudited)

(in thousands)

      As of June 30,        December 31,  
      2023       2022  
Cash, cash equivalents and marketable securities   $ 42,685     $ 34,248  
Total assets     145,792       172,538  
Working capital     (97,392 )     99,454  
Total current liabilities     202,619       37,388  
Long-term debt     94,285       256,946  
Common stock and additional paid-in capital     763,780       759,407  
Accumulated deficit     (965,145 )     (930,449 )
Total stockholders’ deficit     (201,365 )     (171,042 )

Condensed Consolidated Statement of Operations

(unaudited)

(in thousands, except loss per share data)



  Three Months Ended
June 30,
Six Months Ended
June 30,
    2023     2022     2023     2022  
Product revenue, net $ 33,800   $ 25,082   $ 60,013   $ 45,000  
Government contract service revenue   3,620     1,896     5,301     4,068  
Government contract grant revenue   1,931     2,082     4,084     4,182  
Collaboration and royalty revenue   642     577     1,831     1,248  
Net revenue $ 39,993   $ 29,637   $ 71,229   $ 54,498  
Expenses:        
Cost of product revenue   4,368     4,878     10,612     8,372  
Research and development   8,772     7,592     16,080     15,069  
Selling, general and administrative   36,264     30,335     69,753     57,937  
Total operating expenses   49,404     42,805     96,445     81,378  
Loss from operations   (9,411 )   (13,168 )   (25,216 )   (26,880 )
Other income and expenses:        
Interest income   252     133     473     240  
Interest expense   (5,287 )   (4,546 )   (9,763 )   (9,025 )
Other (losses) gains, net   (56 )   (38 )   (78 )   138  
Net loss before provision for income taxes $ (14,502 ) $ (17,619 ) $ (34,584 ) $ (35,527 )
Provision for income taxes   (51 )       (111 )    
Net loss   (14,553 )   (17,619 )   (34,695 )   (35,527 )
Other comprehensive (loss)        
Unrealized (loss) on available-for-sale securities, net of tax       (53 )       (224 )
Comprehensive loss $ (14,553 ) $ (17,672 ) $ (34,695 ) $ (35,751 )
Basic and diluted net loss per common share $ (0.25 ) $ (0.33 ) $ (0.61 ) $ (0.67 )
Weighted average common stock outstanding        
Basic   57,282,239     53,023,350     57,093,876     53,310,091  
Diluted   57,282,239     53,023,350     57,093,876     53,310,091  
         

CONTACT:

Investor Relations:
PJ Kelleher
LifeSci Advisors
[email protected]
Phone: 617-430-7579

Media:
Christine Fanelle
Scient PR
[email protected]
Phone: 215-595-5211



Eyenovia Announces First Commercial Sale of Mydcombi™

Represents the first FDA approved and commercially available fixed combination of tropicamide and phenylephrine for pupil dilation

Validates Eyenovia’s proprietary Optejet
®
dispensing platform

World-renowned board-certified ophthalmologist Dr. Nathan M. Radcliffe becomes first to incorporate Mydcombi into his daily practice

NEW YORK, Aug. 03, 2023 (GLOBE NEWSWIRE) — Eyenovia, Inc. (NASDAQ: EYEN), an ophthalmic technology company commercializing Mydcombi (tropicamide and phenylephrine hydrochloride ophthalmic spray) 1%/2.5% for mydriasis and developing the Optejet® device for use both in connection with its own drug-device therapeutic product candidates for presbyopia and pediatric progressive myopia as well as out-licensing for additional indications, today announced the first commercial sale of Mydcombi. Mydcombi was approved by the US Food and Drug Administration on May 8, 2023. The initial sale was to world-renowned board-certified ophthalmologist Dr. Nathan M. Radcliffe, who has become the first physician in the U.S. to incorporate Mydcombi into his daily practice.

“We are very pleased to initiate sales of Mydcombi to select professional offices so that ophthalmologists, optometrists, technicians and their patients can experience the benefits of Mydcombi’s metered spray delivery relative to conventional multiple eye drops,” stated Michael Rowe, chief executive officer of Eyenovia. “We have now kicked off our targeted launch while we continue to ramp up our internal manufacturing capabilities.”

“I have been eagerly awaiting the commercial availability of Mydcombi to provide a great experience to my patients who require pupil dilation,” stated Dr. Radcliffe. “In addition, given the potential for streamlining patient throughput that Mydcombi may facilitate, I anticipate that it will be the go-to mydriasis agent in my own practice going forward.”

Mydcombi is designed to streamline the estimated 106 million office-based comprehensive eye exams with pupil dilation performed every year in the United States, as well as the estimated 4 million pharmacologic mydriasis applications for ocular surgery. In clinical studies, Mydcombi was statistically superior to tropicamide and to phenylephrine administered alone, with effective pupil dilation in almost two thirds of patients seen as early as 20 minutes after application, with excellent tolerability. The product should not be used in patients with known hypersensitivity to any component of the formulation.

IMPORTANT SAFETY INFORMATION for MYDCOMBI



 (tropicamide and phenylephrine hydrochloride ophthalmic spray) 1%/2.5%

INDICATIONS

MYDCOMBI is indicated to induce mydriasis for diagnostic procedures and in conditions where short term pupil dilation is desired

CONTRAINDICATIONS: In patients with known hypersensitivity to any component of the formulation

WARNINGS AND PRECAUTIONS

FOR TOPICAL OPHTHALMIC USE. NOT FOR INJECTION
This preparation may cause CNS disturbances which may be dangerous in pediatric patients. The possibility of psychotic reaction and behavioral disturbance due to hypersensitivity to anticholinergic drugs should be considered.
Mydriatics may produce a transient elevation of intraocular pressure.
Significant elevations in blood pressure have been reported. Caution in patients with elevated blood pressure.
Rebound miosis has been reported one day after installation.
Remove contact lenses before using.

DRUG INTERACTIONS

Atropine-like Drugs: May exaggerate the adrenergic pressor response
Cholinergic Agonists and Ophthalmic Cholinesterase Inhibitors: May interfere with the antihypertensive action of carbachol, pilocarpine, or ophthalmic cholinesterase inhibitors
Potent Inhalation Anesthetic Agents: May potentiate cardiovascular depressant effects of some inhalation anesthetic agents

ADVERSE REACTIONS

  • Most common ocular adverse reactions include transient blurred vision, reduced visual acuity, photophobia, superficial punctate keratitis, and mild eye discomfort. Increased intraocular pressure has been reported following the use of mydriatics.
  • Systemic adverse reactions including dryness of the mouth, tachycardia, headache, allergic reactions, nausea, vomiting, pallor, central nervous system disturbances and muscle rigidity have been reported with the use of tropicamide.

To report SUSPECTED ADVERSE REACTIONS, contact Eyenovia, Inc. At 1-833-393-6684 or FDA at 1-800-FDA-1088 (www.fda.gov/medwatch)

Please go to www.mydcombi.com for FULL PRESCRIBING INFORMATION

About Eyenovia, Inc.

Eyenovia, Inc. (NASDAQ: EYEN) is a commercial stage ophthalmic pharmaceutical technology company developing a pipeline of microdose array print therapeutics. Eyenovia is currently focused on the commercialization of Mydcombi for mydriasis, as well as the ongoing late-stage development of medications in the Optejet device for presbyopia and myopia progression. For more information, visit Eyenovia.com.

The Eyenovia Corporate Information slide deck may be found at ir.eyenovia.com/events-and-presentations.

Forward-Looking Statements

Except for historical information, all the statements, expectations and assumptions contained in this presentation are forward-looking statements. Forward-looking statements include, but are not limited to, statements that express our intentions, beliefs, expectations, strategies, predictions or any other statements relating to our future activities or other future events or conditions, including estimated market opportunities for our product candidates and platform technology. These statements are based on current expectations, estimates and projections about our business based, in part, on assumptions made by management. These statements are not guarantees of future performance and involve risks, uncertainties and assumptions that are difficult to predict. Therefore, actual outcomes and results may, and in some cases are likely to, differ materially from what is expressed or forecasted in the forward-looking statements due to numerous factors discussed from time to time in documents which we file with the U.S. Securities and Exchange Commission.

In addition, such statements could be affected by risks and uncertainties related to, among other things: risks of our clinical trials, including, but not limited to, the costs, design, initiation and enrollment, timing, progress and results of such trials; the timing of, and our ability to submit applications for, obtaining and maintaining regulatory approvals for our product candidates; the potential advantages of our product candidates and platform technology; the rate and degree of market acceptance and clinical utility of our product candidates; our estimates regarding the potential market opportunity for our product candidates; reliance on third parties to develop and commercialize our product candidates; the ability of us and our partners to timely develop, implement and maintain manufacturing, commercialization and marketing capabilities and strategies for our product candidates; intellectual property risks; changes in legal, regulatory, legislative and geopolitical environments in the markets in which we operate and the impact of these changes on our ability to obtain regulatory approval for our products; and our competitive position.

Any forward-looking statements speak only as of the date on which they are made, and except as may be required under applicable securities laws, Eyenovia does not undertake any obligation to update any forward-looking statements.

Eyenovia Contact:

Eyenovia, Inc.
John Gandolfo
Chief Financial Officer
[email protected]

Eyenovia Investor Contact:

Eric Ribner
LifeSci Advisors, LLC
[email protected]
(646) 751-4363

Eyenovia Media Contact:

Eyenovia, Inc.
Norbert Lowe
Vice President, Commercial Operations
[email protected]



Douglas Elliman Inc. to Host Second Quarter 2023 Results Conference Call

Douglas Elliman Inc. to Host Second Quarter 2023 Results Conference Call

MIAMI–(BUSINESS WIRE)–
Douglas Elliman Inc. (NYSE: DOUG) will conduct a conference call and webcast to discuss its second quarter 2023 results on Tuesday, August 8, 2023 at 8:30 a.m. (ET).

Participants should pre-register for the call using the following link: https://conferencingportals.com/event/hCsPZgoR. Registered participants will receive an email with a calendar reminder, dial-in number and conference ID that allows immediate access to the call on Tuesday, August 8, 2023.

Participants who do not wish to pre-register may access the live webcast at https://events.q4inc.com/attendee/126972503. Please join the webcast at least 10 minutes prior to start time.

A replay of the call will be available shortly after the call ends on August 8, 2023 through August 22, 2023 at https://events.q4inc.com/attendee/126972503.

About Douglas Elliman Inc.

Douglas Elliman Inc. (NYSE: DOUG, “Douglas Elliman”) owns Douglas Elliman Realty, LLC, which is one of the largest residential brokerage companies in the United States with operations in New York City, Long Island, Westchester, Connecticut, New Jersey, the Hamptons, Massachusetts, Florida, California, Texas, Colorado, and Nevada. In addition, Douglas Elliman sources, uses and invests in early-stage, disruptive property technology (“PropTech”) solutions and companies and provides other real estate services, including development marketing, property management and settlement and escrow services in select markets. Additional information concerning Douglas Elliman is available on its website, investors.elliman.com.

Investors and others should note that we may post information about Douglas Elliman on our website at investors.elliman.com or, if applicable, on our accounts on Facebook, Instagram, LinkedIn, TikTok, Twitter, YouTube or other social media platforms. It is possible that the postings or releases could include information deemed to be material information. Therefore, we encourage investors, the media and others interested in Douglas Elliman to review the information we post on our website at investors.elliman.com and on our social media accounts.

Emily Claffey/Benjamin Spicehandler/Columbia Clancy

FGS Global

212-687-8080

KEYWORDS: Florida United States North America

INDUSTRY KEYWORDS: Other Construction & Property Residential Building & Real Estate Commercial Building & Real Estate Construction & Property

MEDIA:

Rocky Mountain Chocolate Announces Grand Re-Opening of Corpus Christi, TX Store as Part of Its Corporate Store Portfolio

DURANGO, Colo., Aug. 03, 2023 (GLOBE NEWSWIRE) — Rocky Mountain Chocolate Factory, Inc. (NASDAQ: RMCF) (the “Company,” “we” or “RMCF”), an international franchiser and manufacturer of premium chocolates and other confectionary products, today announced the re-opening of its Corpus Christi, TX location in La Palmera Mall.

Community leaders and customers gathered in La Palmera Mall on July 29th, 2023, to welcome back the Rocky Mountain Chocolate location to the Corpus Christi area. The event was headlined by a ribbon cutting ceremony between Corpus Christi’s Mayor, Paulette Guajardo, and Rocky Mountain Chocolate’s CEO, Rob Sarlls. The first 10 customers in the store were awarded with a free caramel apple per month for the next year.

The location at 5488 South Padre Island Drive had previously operated under a franchisee and has re-opened as part of RMCF’s corporate store portfolio. Lisa Taylor, Sr. Director of Franchisee Success, said, “I’m thrilled with the transformation of the Corpus Christi store. Working with our local manager, Sandy Juarez, to re-open this location and bring chocolates and confections back to our loyal followers has been a very rewarding process.”

As part of the ribbon cutting ceremony, Paulette Guajardo said, “As the mayor of the city of Corpus Christi, I wanted to thank Rocky Mountain Chocolate Factory for investing here in Corpus Christi, because that means that they believe in Corpus Christi, and La Palmera Mall.” With Rob Sarlls commenting, “We’re delighted to bring the sweetness back to Corpus Christi, we have fantastic old and new staff, we’re delighted to see all of you here and love the support from the community.”

About Rocky Mountain Chocolate Factory, Inc.

Rocky Mountain Chocolate Factory, Inc., (the “Company”), was named one of America’s Best on Newsweek’s list of “America’s Best Retailers 2023” in the chocolate and candy stores category and is headquartered in Durango, Colorado. The Company is a leading international franchiser of premium chocolate and confection, manufacturing an extensive line of premium chocolates and other confectionery products. The Company, its subsidiaries, franchisees and licensees currently operate over 260 Rocky Mountain Chocolate Factory stores across the United States, the Republic of Panama, and the Republic of the Philippines. The Company’s common stock is listed on the Nasdaq Global Market under the symbol “RMCF.”

Investor Contact

Sean Mansouri, CFA
Elevate IR
720-330-2829
[email protected]

Media Contact

Rob Swadosh
SwadoshGroup
908-723-2845
[email protected]



Digi International Reports Third Fiscal Quarter 2023 Results

Digi International Reports Third Fiscal Quarter 2023 Results

Record Quarterly Revenue of $112M, End of Quarter ARR of $104M

EPS of $0.18, Adjusted EPS of $0.50

MINNEAPOLIS–(BUSINESS WIRE)–
Digi International® Inc. (Nasdaq: DGII), a leading global provider of business and mission critical Internet of Things (“IoT”) products, services and solutions, today announced its financial results for its third fiscal quarter ended June 30, 2023.

Third Fiscal Quarter 2023 Results Compared to Third Fiscal Quarter 2022 Results

  • Revenue was $112 million, an increase of 8%.

  • Gross profit margin was 56.9%, an increase of 140 basis points. Gross profit margin excluding amortization was 57.7%, an increase of 100 basis points.

  • Net income per diluted share was $0.18, up from $0.12, an increase of 50%.

  • Adjusted EPS was $0.50 per diluted share, an increase of 11%.

  • Adjusted EBITDA was $24 million, an increase of 16%.

  • Annualized Recurring Revenue (ARR) was $104 million at quarter end, an increase of 13%.

Reconciliations of GAAP and non-GAAP financial measures appear at the end of this release.

“Digi posted our tenth consecutive quarter of record revenue,” said Ron Konezny, President and Chief Executive Officer. “Driven by strong Annualized Recurring Revenue (ARR) growth, we achieved the second of our ‘100’ objectives. ARR exceeded $100 million at the end of the quarter. In addition, we reduced the principal of our outstanding debt by $20 million. Our team’s solution mindset is driving customer and partner value.”

Segment Results

IoT Product & Services

The segment’s third fiscal quarter 2023 revenues of $87 million increased 10% from the same period in the prior fiscal year. This increase is attributable to growth in our OEM & Infrastructure Management product lines. ARR as of the end of the third fiscal quarter was $22 million, an increase of 47%. Gross profit margin increased 60 basis points to 54.1% of revenues for the third fiscal quarter of 2023, due to ARR.

IoT Solutions

The segment’s third fiscal quarter 2023 revenues of $25 million increased 5% from the same period in the prior fiscal year. This increase was a result of increased sales of both SmartSense and Ventus offerings. ARR as of the end of the third fiscal quarter was over $82 million, an increase of 6%. Gross profit margin increased 450 basis points to 66.7%, due to higher ARR in the third fiscal quarter of 2023.

Fourth Fiscal Quarter 2023 Guidance

The debate around an imminent recession and the potential severity if one arrives is ongoing. Digi’s broad array of end markets has helped the company weather challenging market conditions in the past. We believe the IIoT market is still in its early stage of adoption with a significant set of greenfield opportunities. Most of the world’s machines are not connected today. Over time, we expect more end markets to deploy IIoT.

For the fourth fiscal quarter of 2023, we expect revenue of $108 million to $112 million, or growth of 2% to 6% year-over-year. Adjusted EBITDA is expected to be between $23.0 million and $24.0 million. Adjusted EPS is expected to be $0.46 to $0.49 per diluted share, assuming a weighted average share count of 37.3 million shares.

Based on our fiscal fourth quarter guidance combined with year-to-date results, Digi now expects to grow annual revenues at least 14%, which is higher than the growth rate we communicated last quarter. Previously we communicated we expected ARR and A-EBITDA growth to outpace total revenue growth in fiscal 2023. We continue to expect A-EBITDA to grow faster than total revenue growth. We still expect ARR to grow consistent with our prior expectations, however, it may not outpace total revenue growth.

We provide earnings guidance on a non-GAAP basis as it is difficult to predict with reasonable certainty various items including but not limited to the impact of foreign exchange translation, interest and certain tax related events. Given the uncertainty, any of these or other items could have a significant impact on U.S. GAAP results.

Third Fiscal Quarter 2023 Conference Call Details

As announced on July 11, 2023, Digi will discuss its third fiscal quarter results on a conference call on Thursday, August 3, 2023 at 10:00 a.m. ET (9:00 a.m. CT). The call will be hosted by Ron Konezny, President and Chief Executive Officer and Jamie Loch, Chief Financial Officer.

Participants may register for the conference call at: https://register.vevent.com/register/BI9b85c1468df24fcb826c07a7541ba76e. Once registration is completed, participants will be provided a dial-in number and passcode to access the call. All participants are asked to dial-in 15 minutes prior to the start time.

Participants may access a live webcast of the conference call through the investor relations section of Digi’s website, https://digi.gcs-web.com/ or the hosting website at: https://edge.media-server.com/mmc/p/bt95nnhk.

A replay will be available within approximately two hours after the completion of the call for approximately one year. You may access the replay via webcast through the investor relations section of Digi’s website.

A copy of this earnings release, as well as a shareholder letter relating to our second fiscal quarter results can be accessed through the financial releases page of the investor relations section of Digi’s website at www.digi.com.

For more news and information on us, please visit www.digi.com/aboutus/investorrelations.

About Digi International

Digi International (Nasdaq: DGII) is a leading global provider of IoT connectivity products, services and solutions. We help our customers create next-generation connected products and deploy and manage critical communications infrastructures in demanding environments with high levels of security and reliability. Founded in 1985, we’ve helped our customers connect over 100 million things and growing. For more information, visit Digi’s website at www.digi.com.

Forward-Looking Statements

This press release contains forward-looking statements that are based on management’s current expectations and assumptions. These statements often can be identified by the use of forward-looking terminology such as “assume,” “believe,” “anticipate,” “intend,” “estimate,” “target,” “may,” “will,” “expect,” “plan,” “potential,” “project,” “should,” or “continue,” or the negative thereof or other variations thereon or similar terminology. Among other items, these statements relate to expectations of the business environment in which Digi operates, projections of future performance, perceived marketplace opportunities and statements regarding our mission and vision. Such statements are not guarantees of future performance and involve certain risks, uncertainties and assumptions. Among others, these include risks related to the ongoing supply chain and transportation challenges impacting businesses globally, risks related to ongoing inflationary pressures around the world and the monetary policies of governments globally as well as present concerns about a potential recession and the ability of companies like us to operate a global business in such conditions as well as negative effects on product demand and the financial solvency of customers and suppliers in such conditions, risks arising from the present war in Ukraine, the highly competitive market in which our company operates, rapid changes in technologies that may displace products sold by us, declining prices of networking products, our reliance on distributors and other third parties to sell our products, the potential for significant purchase orders to be canceled or changed, delays in product development efforts, uncertainty in user acceptance of our products, the ability to integrate our products and services with those of other parties in a commercially accepted manner, potential liabilities that can arise if any of our products have design or manufacturing defects, our ability to integrate and realize the expected benefits of acquisitions, our ability to defend or settle satisfactorily any litigation, the impact of natural disasters and other events beyond our control that could negatively impact our supply chain and customers, potential unintended consequences associated with restructuring, reorganizations or other similar business initiatives that may impact our ability to retain important employees or otherwise impact our operations in unintended and adverse ways, and changes in our level of revenue or profitability which can fluctuate for many reasons beyond our control. These and other risks, uncertainties and assumptions identified from time to time in our filings with the United States Securities and Exchange Commission, including without limitation, our Annual Report on Form 10-K for the year ended September 30, 2022 and subsequent reports on Form 10-Q, could cause our actual results to differ materially from those expressed in any forward-looking statements made by us or on our behalf. Many of such factors are beyond our ability to control or predict. These forward-looking statements speak only as of the date for which they are made. We disclaim any intent or obligation to update any forward-looking statements, whether as a result of new information, future events or otherwise.

Presentation of Non-GAAP Financial Measures

This release includes adjusted net income, adjusted net income per diluted share and Adjusted EBITDA, each of which is a non-GAAP measure.

We understand that there are material limitations on the use of non-GAAP measures. Non-GAAP measures are not substitutes for GAAP measures, such as net income, for the purpose of analyzing financial performance. The disclosure of these measures does not reflect all charges and gains that were actually recognized by Digi. These non-GAAP measures are not in accordance with, or an alternative for measures prepared in accordance with, generally accepted accounting principles and may be different from non-GAAP measures used by other companies or presented by us in prior reports. In addition, these non-GAAP measures are not based on any comprehensive set of accounting rules or principles. We believe that non-GAAP measures have limitations in that they do not reflect all of the amounts associated with our results of operations as determined in accordance with GAAP. We believe these measures should only be used to evaluate our results of operations in conjunction with the corresponding GAAP measures. Additionally, Adjusted EBITDA does not reflect our cash expenditures, the cash requirements for the replacement of depreciated and amortized assets, or changes in or cash requirements for our working capital needs.

We believe that providing historical and adjusted net income and adjusted net income per diluted share, respectively, exclusive of such items as reversals of tax reserves, discrete tax benefits, restructuring charges and reversals, intangible amortization, stock-based compensation, other non-operating income/expense, changes in fair value of contingent consideration, acquisition-related expenses and interest expense related to acquisitions permits investors to compare results with prior periods that did not include these items. Management uses the aforementioned non-GAAP measures to monitor and evaluate ongoing operating results and trends and to gain an understanding of our comparative operating performance. In addition, certain of our stockholders have expressed an interest in seeing financial performance measures exclusive of the impact of these matters, which while important, are not central to the core operations of our business. Management believes that Adjusted EBITDA, defined as EBITDA adjusted for stock-based compensation expense, acquisition-related expenses, restructuring charges and reversals, and changes in fair value of contingent consideration is useful to investors to evaluate our core operating results and financial performance because it excludes items that are significant non-cash or non-recurring items reflected in the Condensed Consolidated Statements of Operations. We believe that the presentation of Adjusted EBITDA as a percentage of revenue is useful because it provides a reliable and consistent approach to measuring our performance from year to year and in assessing our performance against that of other companies. We believe this information helps compare operating results and corporate performance exclusive of the impact of our capital structure and the method by which assets were acquired.

 

Digi International Inc.

Condensed Consolidated Statements of Operations

(In thousands, except per share amounts)

(Unaudited)

 

 

Three months ended June 30,

 

Nine months ended June 30,

 

 

2023

 

 

 

2022

 

 

 

2023

 

 

 

2022

 

Revenue

$

112,236

 

 

$

103,517

 

 

$

332,686

 

 

$

282,487

 

Cost of sales

 

48,417

 

 

 

46,091

 

 

 

144,474

 

 

 

125,196

 

Gross profit

 

63,819

 

 

 

57,426

 

 

 

188,212

 

 

 

157,291

 

Operating expenses:

 

 

 

 

 

 

 

Sales and marketing

 

20,974

 

 

 

18,230

 

 

 

60,421

 

 

 

51,325

 

Research and development

 

14,945

 

 

 

13,968

 

 

 

44,194

 

 

 

41,199

 

General and administrative

 

15,424

 

 

 

15,254

 

 

 

46,983

 

 

 

43,430

 

Operating expenses

 

51,343

 

 

 

47,452

 

 

 

151,598

 

 

 

135,954

 

Operating income

 

12,476

 

 

 

9,974

 

 

 

36,614

 

 

 

21,337

 

Other expense, net

 

(6,588

)

 

 

(5,392

)

 

 

(18,888

)

 

 

(14,716

)

Income before income taxes

 

5,888

 

 

 

4,582

 

 

 

17,726

 

 

 

6,621

 

Income tax (benefit) provision

 

(839

)

 

 

456

 

 

 

(679

)

 

 

(1,539

)

Net income

$

6,727

 

 

$

4,126

 

 

$

18,405

 

 

$

8,160

 

 

 

 

 

 

 

 

 

Net income per common share:

 

 

 

 

 

 

 

Basic

$

0.19

 

 

$

0.12

 

 

$

0.51

 

 

$

0.23

 

Diluted

$

0.18

 

 

$

0.12

 

 

$

0.50

 

 

$

0.23

 

Weighted average common shares:

 

 

 

 

 

 

 

Basic

 

35,889

 

 

 

35,131

 

 

 

35,761

 

 

 

34,900

 

Diluted

 

36,817

 

 

 

35,740

 

 

 

36,838

 

 

 

35,740

 

 
 

Digi International Inc.

Condensed Consolidated Balance Sheets

(In thousands)

(Unaudited)

 

 

June 30,

2023

 

September 30,

2022

ASSETS

 

 

 

Current assets:

 

 

 

Cash and cash equivalents

$

29,580

 

$

34,900

Accounts receivable, net

 

47,964

 

 

50,450

Inventories

 

83,605

 

 

73,223

Income taxes receivable

 

2,751

 

 

3,764

Other current assets

 

3,454

 

 

3,871

Total current assets

 

167,354

 

 

166,208

Non-current assets

 

672,706

 

 

687,687

Total assets

$

840,060

 

$

853,895

LIABILITIES AND STOCKHOLDERS’ EQUITY

 

 

 

Current liabilities:

 

 

 

Current portion of long-term debt

$

15,523

 

$

15,523

Accounts payable

 

21,503

 

 

32,373

Other current liabilities

 

51,993

 

 

48,611

Total current liabilities

 

89,019

 

 

96,507

Long-term debt

 

194,556

 

 

222,448

Other non-current liabilities

 

24,902

 

 

33,427

Non-current liabilities

 

219,458

 

 

255,875

Total liabilities

 

308,477

 

 

352,382

Total stockholders’ equity

 

531,583

 

 

501,513

Total liabilities and stockholders’ equity

$

840,060

 

$

853,895

 

Digi International Inc.

Condensed Consolidated Statements of Cash Flows

(In thousands)

(Unaudited)

 

 

Nine months ended June 30,

 

 

2023

 

 

 

2022

 

 

 

 

(Restated) (1)

Net cash provided by operating activities

$

27,804

 

 

$

31,216

 

Net cash used in investing activities

 

(3,842

)

 

 

(351,771

)

Net cash (used in) provided by financing activities

 

(28,920

)

 

 

208,551

 

Effect of exchange rate changes on cash and cash equivalents

 

(362

)

 

 

1,087

 

Net decrease in cash and cash equivalents

 

(5,320

)

 

 

(110,917

)

Cash and cash equivalents, beginning of period

 

34,900

 

 

 

152,432

 

Cash and cash equivalents, end of period

$

29,580

 

 

$

41,515

 

(1) We have restated the condensed consolidated statement of cash flows for the nine months ended June 30, 2022. We corrected $13.4 million of debt issuance costs previously recorded within operating activities and correctly presented the cash outflows within financing activities. We also corrected $2.3 million of amortization of debt issuance costs previously included within financing activities moving these to operating activities.

 

Non-GAAP Financial Measures

 

TABLE 1

 

Reconciliation of Net Income to Adjusted EBITDA

(In thousands)

 

 

Three months ended June 30,

 

Nine months ended June 30,

 

2023

 

2022

 

2023

 

2022

 

 

 

% of total

revenue

 

 

 

% of total

revenue

 

 

 

% of total

revenue

 

 

 

% of total

revenue

Total revenue

$

112,236

 

 

100.0

%

 

$

103,517

 

 

100.0

%

 

$

332,686

 

 

100.0

%

 

$

282,487

 

 

100.0

%

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Net income

$

6,727

 

 

 

 

$

4,126

 

 

 

 

$

18,405

 

 

 

 

$

8,160

 

 

 

Interest expense, net

 

6,603

 

 

 

 

 

5,296

 

 

 

 

 

18,967

 

 

 

 

 

14,657

 

 

 

Income tax expense (benefit)

 

(839

)

 

 

 

 

456

 

 

 

 

 

(679

)

 

 

 

 

(1,539

)

 

 

Depreciation and amortization

 

8,005

 

 

 

 

 

8,747

 

 

 

 

 

23,963

 

 

 

 

 

25,393

 

 

 

Stock-based compensation

 

3,519

 

 

 

 

 

2,143

 

 

 

 

 

9,852

 

 

 

 

 

6,402

 

 

 

Restructuring charge

 

95

 

 

 

 

 

105

 

 

 

 

 

141

 

 

 

 

 

214

 

 

 

Acquisition expense

 

222

 

 

 

 

 

175

 

 

 

 

 

910

 

 

 

 

 

4,256

 

 

 

Adjusted EBITDA

$

24,332

 

 

21.7

%

 

$

21,048

 

 

20.3

%

 

$

71,559

 

 

21.5

%

 

$

57,543

 

 

20.4

%

   

TABLE 2

 

Reconciliation of Net Income and Net Income per Diluted Share to

Adjusted Net Income and Adjusted Net Income per Diluted Share

(In thousands, except per share amounts)

 

 

Three months ended June 30,

 

Nine months ended June 30,

 

2023

 

2022

 

2023

 

2022

Net income and net income per diluted share

$

6,727

 

 

$

0.18

 

 

$

4,126

 

 

$

0.12

 

 

$

18,405

 

 

$

0.50

 

 

$

8,160

 

 

$

0.23

 

Amortization

 

6,252

 

 

 

0.17

 

 

 

7,046

 

 

 

0.20

 

 

 

18,966

 

 

 

0.51

 

 

 

20,400

 

 

 

0.57

 

Stock-based compensation

 

3,519

 

 

 

0.10

 

 

 

2,143

 

 

 

0.06

 

 

 

9,852

 

 

 

0.27

 

 

 

6,402

 

 

 

0.18

 

Other non-operating income

 

(15

)

 

 

 

 

 

96

 

 

 

 

 

 

(79

)

 

 

 

 

 

59

 

 

 

 

Acquisition expense

 

222

 

 

 

0.01

 

 

 

175

 

 

 

 

 

 

910

 

 

 

0.02

 

 

 

4,256

 

 

 

0.12

 

Restructuring charge

 

95

 

 

 

 

 

 

105

 

 

 

 

 

 

141

 

 

 

 

 

 

214

 

 

 

0.01

 

Interest expense, net

 

6,603

 

 

 

0.18

 

 

 

5,296

 

 

 

0.15

 

 

 

18,967

 

 

 

0.51

 

 

 

14,657

 

 

 

0.40

 

Tax effect from the above adjustments (1)

 

(6,025

)

 

 

(0.17

)

 

 

(2,497

)

 

 

(0.07

)

 

 

(15,520

)

 

 

(0.41

)

 

 

(8,263

)

 

 

(0.23

)

Discrete tax expenses (benefits) (2)

 

1,125

 

 

 

0.03

 

 

 

(556

)

 

 

(0.02

)

 

 

2,874

 

 

 

0.08

 

 

 

(2,746

)

 

 

(0.07

)

Adjusted net income and adjusted net income per diluted share (3)

$

18,503

 

 

$

0.50

 

 

$

15,934

 

 

$

0.45

 

 

$

54,516

 

 

$

1.48

 

 

$

43,139

 

 

$

1.21

 

Diluted weighted average common shares

 

 

 

36,817

 

 

 

 

 

35,740

 

 

 

 

 

36,838

 

 

 

 

 

35,740

 

(1)

The tax effect from the above adjustments assumes an estimated effective tax rate of 18.0% for fiscal 2023 and 2022 based on adjusted net income.

(2)

For the three and nine months ended June 30, 2023 and 2022 discrete tax expenses (benefits) primarily are a result of changes in excess tax benefits recognized on stock compensation.

(3)

Adjusted net income per diluted share may not add due to the use of rounded numbers.

 

Investor Contact:

Rob Bennett

Investor Relations

Digi International

952-912-3524

Email: [email protected]

KEYWORDS: United States North America Minnesota

INDUSTRY KEYWORDS: Software Networks Internet Hardware Data Management Technology IOT (Internet of Things) Mobile/Wireless

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