Jack in the Box Inc. Reports Third Quarter 2024 Earnings

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Aug 06, 2024

Jack in the Box Inc. (NASDAQ: JACK) announced financial results for the Jack in the Box and Del Taco brands in the third quarter, ended July 7, 2024.

“I am proud of our teams and how they continue to enhance the guest experience and deliver operational improvements during a challenging sales environment for our entire industry,” said Darin Harris, Jack in the Box Chief Executive Officer. “We continue to focus on value and ways we can improve transactions with the low-income guest — while at the same time, doubling down on our strengths of innovation, variety and late night. We will strive to finish the year strong with positive momentum heading into 2025, while continuing to execute against our strategic initiatives to achieve our long-term growth and profitability ambitions.”

Jack in the Box Performance

Same-store sales decreased 2.2% in the third quarter, comprised of franchise same-store sales decline of 2.4% and company-owned same-store sales increase of 0.1%. Transactions were down from prior year although slightly improved from last quarter. Systemwide sales for the third quarter decreased 1.3%.

Restaurant-Level Margin(1), a non-GAAP measure, was $21.1 million, or 21.0%, down from $21.1 million, or 21.8%, a year ago driven primarily by higher costs for labor and other restaurant operating costs, partially offset by lower food and packaging costs. The increase in labor was driven in large part from implementing California's new minimum wage law.

Franchise-Level Margin(1), a non-GAAP measure, was $74.6 million, or 41.1%, a decrease from $75.3 million, or 41.1%, a year ago. The decrease was mainly driven by the decline in franchise sales for the quarter.

Jack in the Box net restaurant count remained flat in the third quarter, with three restaurant openings and three restaurant closures. Since the launch of the development program in mid-2021, the company has 96 signed agreements for a total of 437 restaurants, with 46 restaurants opened to date.

Jack in the Box Same-Store Sales:

12 Weeks Ended

July 7, 2024

July 9, 2023

Company

0.1%

6.9%

Franchise

(2.4%)

8.0%

System

(2.2%)

7.9%

Jack in the Box Restaurant Counts:

2024

2023

Company

Franchise

Total

Company

Franchise

Total

Restaurant count at Q2'24

144

2,051

2,195

140

2,047

2,187

New

3

3

6

6

Closed

(3

)

(3

)

(2

)

(2

)

Restaurant count at end of Q3'24

144

2,051

2,195

140

2,051

2,191

Q3'24 QTD Net Restaurant Increase

YTD Net Restaurant Increase

1.4

%

0.3

%

0.4

%

Del Taco Performance

Same-store sales decreased 3.9% in the third quarter, comprised of franchise same-store sales decline of 4.1% and company-operated same-store sales decline of 3.5%. Sales performance resulted from a decline in transactions, partially offset by an increase in average check. Systemwide sales for the fiscal third quarter decreased 3.2%.

Restaurant-Level Margin(1), a non-GAAP measure, was $8.8 million, or 13.4%, down from $17.7 million, or 17.4%, a year ago. The decrease was due mainly to refranchising restaurants, and the margin percentage decline was driven by increased costs for labor and utilities, partially offset by menu price increases. The increase in labor as a percentage of sales was a result of implementing California's new minimum wage law and the sales decline.

Franchise-Level Margin(1), a non-GAAP measure, was $5.8 million, or 27.1%, compared to $5.5 million, or 36.7%, a year ago. The decrease in margin percentage was driven by the impact of refranchising and the associated increase in pass-thru rent and marketing fees.

Del Taco restaurant count in the third quarter had five restaurant openings and three restaurant closings. Subsequent to the quarter, 27 Del Taco restaurants were refranchised, which included a development agreement for 25 additional restaurants.

Del Taco Same-Store Sales:

12 Weeks Ended

July 7, 2024

July 9, 2023

Company

(3.5%)

1.7%

Franchise

(4.1%)

1.8%

System

(3.9%)

1.7%

Del Taco Restaurant Counts:

2024

2023

Company

Franchise

Total

Company

Franchise

Total

Restaurant count at Q2'24

166

429

595

273

322

595

New

1

4

5

2

2

Refranchised

(50

)

50

Closed

(2

)

(1

)

(3

)

(2

)

(1

)

(3

)

Restaurant count at end of Q3'24

165

432

597

221

373

594

Q3'24 QTD Net Restaurant Increase

(1

)

3

2

YTD Net Restaurant Increase/(Decrease)

(3.5

)%

2.6

%

0.8

%

Company-Wide Performance

Third quarter diluted loss per share was ($6.26). Operating Earnings Per Share(2), a non-GAAP measure, was $1.65 in the third quarter of fiscal 2024 compared with $1.45 in the prior year quarter.

Total revenues decreased 7.0% to $369.2 million, compared to $396.9 million in the prior year quarter. The lower revenue is primarily the result of the Del Taco refranchising transactions. Net loss was ($122.3) million for the third quarter of fiscal 2024, with the loss resulting from the goodwill impairment noted below. This compared with net earnings of $29.2 million for the third quarter of fiscal 2023. Adjusted EBITDA(3), a non-GAAP measure, was $78.9 million in the third quarter of fiscal 2024 compared with $81.6 million for the prior year quarter.

Company-wide SG&A expense for the third quarter was $29.6 million, a decrease of $10.0 million compared to the prior year quarter. The decrease was due primarily to lower incentive-based compensation, a favorable adjustment to our workers compensation and general liability reserves, and gains on the cash surrender value of our company-owned life insurance policies. When excluding net COLI gains, G&A was 2.0% of systemwide sales.

During the third quarter, the Company recognized a goodwill impairment of $162.6 million to the Del Taco reporting unit. This is a non-cash charge that does not impact future operations and is the result of an internal goodwill impairment assessment triggered by i) a recent negative trend in Del Taco same store sales, ii) lower margins due in part to wage increases required in California effective April 1, 2024 under AB 1228, iii) unfavorable changes in the economic environment impacting our industry, including inflation and interest rates, and iv) a sustained lower share price.

The income tax provisions reflect an effective tax rate of negative 0.1% in the third quarter of 2024, as compared to 32.6% in the third quarter of fiscal year 2023. The rate for the quarter was primarily due to the impairment of non-deductible goodwill. The non-GAAP adjusted tax rate for the third quarter of 2024 was 26.2%.

(1) Restaurant-Level Margin and Franchise-Level Margin are non-GAAP measures. These non-GAAP measures are reconciled to earnings from operations, the most comparable GAAP measure, in the attachment to this release. See "Reconciliation of Non-GAAP Measurements to GAAP Results."

(2) Operating Earnings Per Share represents the diluted earnings per share on a GAAP basis, excluding certain adjustments. See "Reconciliation of Non-GAAP Measurements to GAAP Results." Operating earnings per share may not add due to rounding.

(3) Adjusted EBITDA represents net earnings on a GAAP basis excluding certain adjustments. See "Reconciliation of Non-GAAP Measurements to GAAP Results."

Capital Allocation

The Company repurchased 0.3 million shares of our common stock for an aggregate cost of $15.1 million in the third quarter. As of the end of the third quarter, there was $195.0 million remaining under the Board-authorized stock buyback program.

On August 2, 2024, the Board of Directors declared a cash dividend of $0.44 per share, to be paid on September 19, 2024, to shareholders of record as of the close of business on August 30, 2024.

Guidance & Outlook Updates

Based on the year to date actual results and updated assumptions for the remainder of the year, the company’s updated expectations for the fiscal year ending September 29, 2024 include the following:

FY 2024 Company-wide Guidance

  • Adjusted EBITDA of $320-$325 million
  • Operating EPS of $6.10-$6.25
  • SG&A (excluding COLI gains/losses) of approximately $160 million

FY 2024 Jack in the Box Segment Guidance

  • Same Store Sales of approximately (1.0%)
  • Company-Owned Restaurant Level Margin of approximately 22%

FY 2024 Del Taco Segment Guidance

  • Same Store Sales of approximately (1.5%)
  • Company-Owned Restaurant Level Margin of approximately 14%

Conference Call

The Company will host a conference call for analysts and investors on Tuesday, August 6, 2024, beginning at 2:00 p.m. PT (5:00 p.m. ET). The call will be webcast live via the Investors section of the Jack in the Box company website at http://investors.jackinthebox.com. A replay of the call will be available through the Jack in the Box Inc. corporate website for 21 days. The call can be accessed via phone by dialing (888) 596-4144 and using ID 7573961.

About Jack in the Box Inc.

Jack in the Box Inc. (NASDAQ: JACK), founded and headquartered in San Diego, California, is a restaurant company that operates and franchises Jack in the Box®, one of the nation's largest hamburger chains with approximately 2,200 restaurants across 23 states, and Del Taco®, the second largest Mexican-American QSR chain by units in the U.S. with approximately 600 restaurants across 17 states. For more information on both brands, including franchising opportunities, visit www.jackinthebox.com and www.deltaco.com.

Category: Earnings

Safe Harbor Statement

This press release contains forward-looking statements within the meaning of the federal securities laws. Forward-looking statements may be identified by words such as “anticipate,” “believe,” “estimate,” “expect,” “forecast,” “goals,” “guidance,” “intend,” “plan,” “project,” “may,” “will,” “would” and similar expressions. These statements are based on management’s current expectations, estimates, forecasts and projections about our business and the industry in which we operate. These estimates and assumptions involve known and unknown risks, uncertainties, and other factors that are in some cases beyond our control. Factors that may cause our actual results to differ materially from any forward-looking statements include, but are not limited to: the success of new products, marketing initiatives and restaurant remodels and drive-thru enhancements; the impact of competition, unemployment, trends in consumer spending patterns and commodity costs; the company’s ability to achieve and manage its planned growth, which is affected by the availability of a sufficient number of suitable new restaurant sites, the performance of new restaurants, risks relating to expansion into new markets and successful franchise development; the ability to attract, train and retain top-performing personnel, litigation risks; risks associated with disagreements with franchisees; supply chain disruption; food-safety incidents or negative publicity impacting the reputation of the company's brand; increased regulatory and legal complexities, risks associated with the amount and terms of the securitized debt issued by certain of our wholly owned subsidiaries; and stock market volatility. These and other factors are discussed in the company’s annual report on Form 10-K and its periodic reports on Form 10-Q filed with the Securities and Exchange Commission, which are available online at http://investors.jackinthebox.com or in hard copy upon request. The company undertakes no obligation to update or revise any forward-looking statement, whether as the result of new information or otherwise.

JACK IN THE BOX INC. AND SUBSIDIARIES

CONDENSED CONSOLIDATED STATEMENTS OF EARNINGS

(In thousands, except per share data)

(Unaudited)

12 Weeks Ended

40 Weeks Ended

July 7, 2024

July 9, 2023

July 7, 2024

July 9, 2023

Revenues:

Company restaurant sales

$

166,480

$

198,516

$

557,618

$

671,311

Franchise rental revenues

89,125

86,248

288,147

278,598

Franchise royalties and other

55,293

54,970

183,707

185,342

Franchise contributions for advertising and other services

58,273

57,208

192,544

184,531

369,171

396,942

1,222,016

1,319,782

Operating costs and expenses, net:

Food and packaging

46,251

58,556

156,297

199,799

Payroll and employee benefits

57,917

63,871

185,025

217,547

Occupancy and other

32,365

37,274

106,773

127,920

Franchise occupancy expenses

57,989

53,930

187,704

173,803

Franchise support and other costs

3,853

4,079

12,907

8,623

Franchise advertising and other services expenses

60,444

59,569

200,201

192,875

Selling, general and administrative expenses

29,580

39,617

113,200

129,164

Depreciation and amortization

13,827

14,460

46,206

48,460

Pre-opening costs

851

182

1,918

667

Goodwill impairment

162,624

162,624

Other operating expenses (income), net

5,641

7,656

16,343

5,135

Losses (gains) on the sale of company-operated restaurants

65

(5,794

)

1,384

(10,323

)

471,407

333,400

1,190,582

1,093,670

Earnings (loss) from operations

(102,236

)

63,542

31,434

226,112

Other pension and post-retirement expenses, net

1,579

1,608

5,264

5,359

Interest expense, net

18,402

18,662

61,491

64,167

Earnings (loss) before income taxes

(122,217

)

43,272

(35,321

)

156,586

Income taxes

83

14,104

23,316

47,657

Net earnings (loss)

$

(122,300

)

$

29,168

$

(58,637

)

$

108,929

Net earnings (loss) per share:

Basic

$

(6.29

)

$

1.42

$

(2.98

)

$

5.25

Diluted

$

(6.26

)

$

1.41

$

(2.96

)

$

5.22

Weighted-average shares outstanding:

Basic

19,454

20,487

19,690

20,738

Diluted

19,541

20,649

19,836

20,861

Dividends declared per common share

$

0.44

$

0.44

$

1.32

$

1.32

JACK IN THE BOX INC. AND SUBSIDIARIES

CONDENSED CONSOLIDATED BALANCE SHEETS

(In thousands, except share and per share data)

(Unaudited)

July 7,
2024

October 1,
2023

ASSETS

Current assets:

Cash

$

21,646

$

157,653

Restricted cash

29,112

28,254

Accounts and other receivables, net

86,228

99,678

Inventories

4,160

3,896

Prepaid expenses

12,121

16,911

Current assets held for sale

29,408

13,925

Other current assets

6,598

5,667

Total current assets

189,273

325,984

Property and equipment:

Property and equipment, at cost

1,271,679

1,258,589

Less accumulated depreciation and amortization

(851,443

)

(846,559

)

Property and equipment, net

420,236

412,030

Other assets:

Operating lease right-of-use assets

1,425,560

1,397,555

Intangible assets, net

10,873

11,330

Trademarks

283,500

283,500

Goodwill

161,645

329,986

Other assets, net

254,132

240,707

Total other assets

2,135,710

2,263,078

$

2,745,219

$

3,001,092

LIABILITIES AND STOCKHOLDERS’ DEFICIT

Current liabilities:

Current maturities of long-term debt

$

29,999

$

29,964

Current operating lease liabilities

160,852

142,518

Accounts payable

68,964

84,960

Accrued liabilities

178,686

302,178

Total current liabilities

438,501

559,620

Long-term liabilities:

Long-term debt, net of current maturities

1,705,927

1,724,933

Long-term operating lease liabilities, net of current portion

1,284,718

1,265,514

Deferred tax liabilities

19,105

26,229

Other long-term liabilities

142,781

143,123

Total long-term liabilities

3,152,531

3,159,799

Stockholders’ deficit:

Preferred stock $0.01 par value, 15,000,000 shares authorized, none issued

Common stock $0.01 par value, 175,000,000 shares authorized, 82,819,241 and 82,645,814 issued, respectively

828

826

Capital in excess of par value

531,304

520,076

Retained earnings

1,853,118

1,937,598

Accumulated other comprehensive loss

(50,581

)

(51,790

)

Treasury stock, at cost, 63,694,503 and 62,910,964 shares, respectively

(3,180,482

)

(3,125,037

)

Total stockholders’ deficit

(845,813

)

(718,327

)

$

2,745,219

$

3,001,092

JACK IN THE BOX INC. AND SUBSIDIARIES

CONDENSED CONSOLIDATED STATEMENTS OF CASH FLOWS

(In thousands) (Unaudited)

Year-to-date

July 7, 2024

July 9, 2023

Cash flows from operating activities:

Net (loss) earnings

$

(58,637

)

$

108,929

Adjustments to reconcile net (loss) earnings to net cash provided by operating activities:

Depreciation and amortization

46,206

48,460

Amortization of franchise tenant improvement allowances and incentives

3,967

3,295

Deferred finance cost amortization

3,722

3,915

Excess tax deficiency from share-based compensation arrangements

5

71

Deferred income taxes

(10,314

)

1,648

Share-based compensation expense

11,018

7,991

Pension and post-retirement expense

5,264

5,359

Gains on cash surrender value of company-owned life insurance

(11,776

)

(8,331

)

Losses (gains) on the sale of company-operated restaurants

1,384

(10,323

)

Gains on acquisition of restaurants

(2,357

)

Losses (gains) on the disposition of property and equipment, net

1,675

(9,155

)

Impairment charges and other

163,169

6,232

Changes in assets and liabilities, excluding acquisitions:

Accounts and other receivables

17,385

12,902

Inventories

(262

)

658

Prepaid expenses and other current assets

4,141

5,714

Operating lease right-of-use assets and lease liabilities

6,191

5,357

Accounts payable

(16,720

)

(28,068

)

Accrued liabilities

(114,100

)

32,525

Pension and post-retirement contributions

(4,784

)

(4,674

)

Franchise tenant improvement allowance and incentive disbursements

(1,919

)

(2,745

)

Other

(3,995

)

2,311

Cash flows provided by operating activities

39,263

182,071

Cash flows from investing activities:

Purchases of property and equipment

(85,768

)

(56,669

)

Proceeds from the sale of property and equipment

10,899

25,174

Proceeds from the sale and leaseback of assets

4,413

3,673

Proceeds from the sale of company-operated restaurants

2,168

51,845

Other

1,465

Cash flows (used in) provided by investing activities

(68,288

)

25,488

Cash flows from financing activities:

Repayments of borrowings on revolving credit facilities

(50,000

)

Principal repayments on debt

(22,288

)

(22,620

)

Dividends paid on common stock

(25,633

)

(27,198

)

Proceeds from issuance of common stock

2

263

Repurchases of common stock

(54,999

)

(60,431

)

Payroll tax payments for equity award issuances

(3,206

)

(1,593

)

Cash flows used in financing activities

(106,124

)

(161,579

)

Net (decrease) increase in cash and restricted cash

(135,149

)

45,980

Cash and restricted cash at beginning of period

185,907

136,040

Cash and restricted cash at end of period

$

50,758

$

182,020

JACK IN THE BOX INC. AND SUBSIDIARIES
SUPPLEMENTAL INFORMATION

The following table presents certain income and expense items included in our condensed consolidated statements of earnings as a percentage of total revenues, unless otherwise indicated. Percentages may not add due to rounding.

CONDENSED CONSOLIDATED STATEMENTS OF EARNINGS DATA

(Unaudited)

12 Weeks Ended

40 Weeks Ended

July 7,
2024

July 9,
2023

July 7,
2024

July 9,
2023

Revenues:

Company restaurant sales

45.1

%

50.0

%

45.6

%

50.9

%

Franchise rental revenues

24.1

%

21.7

%

23.6

%

21.1

%

Franchise royalties and other

15.0

%

13.8

%

15.0

%

14.0

%

Franchise contributions for advertising and other services

15.8

%

14.4

%

15.8

%

14.0

%

100.0

%

100.0

%

100.0

%

100.0

%

Operating costs and expenses, net:

Food and packaging (1)

27.8

%

29.5

%

28.0

%

29.8

%

Payroll and employee benefits (1)

34.8

%

32.2

%

33.2

%

32.4

%

Occupancy and other (1)

19.4

%

18.8

%

19.1

%

19.1

%

Franchise occupancy expenses (2)

65.1

%

62.5

%

65.1

%

62.4

%

Franchise support and other costs (3)

7.0

%

7.4

%

7.0

%

4.7

%

Franchise advertising and other services expenses (4)

103.7

%

104.1

%

104.0

%

104.5

%

Selling, general and administrative expenses

8.0

%

10.0

%

9.3

%

9.8

%

Depreciation and amortization

3.7

%

3.6

%

3.8

%

3.7

%

Pre-opening costs

0.2

%

0.0

%

0.2

%

0.1

%

Goodwill impairment

44.1

%

%

13.3

%

%

Other operating expenses (income), net

1.5

%

1.9

%

1.3

%

0.4

%

Losses (gains) on the sale of company-operated restaurants

%

(1.5

)%

0.1

%

(0.8

)%

Earnings from operations

(27.7

)%

16.0

%

2.6

%

17.1

%

Income tax rate (5)

(0.1

)%

32.6

%

(66.0

)%

30.4

%

____________________________

(1)

As a percentage of company restaurant sales.

(2)

As a percentage of franchise rental revenues.

(3)

As a percentage of franchise royalties and other.

(4)

As a percentage of franchise contributions for advertising and other services.

(5)

As a percentage of earnings from operations and before income taxes.

Jack in the Box systemwide sales (in thousands):

12 Weeks Ended

40 Weeks Ended

July 7, 2024

July 9, 2023

July 7, 2024

July 9, 2023

Company-operated restaurant sales

$

100,355

$

96,820

$

331,339

$

318,451

Franchised restaurant sales (1)

931,303

948,457

3,069,318

3,088,697

Systemwide sales (1)

$

1,031,658

$

1,045,277

$

3,400,657

$

3,407,148

Del Taco systemwide sales (in thousands):

12 Weeks Ended

40 Weeks Ended

July 7, 2024

July 9, 2023

July 7, 2024

July 9, 2023

Company-operated restaurant sales

$

66,125

$

101,696

$

226,279

$

352,860

Franchised restaurant sales (1)

157,231

129,112

510,561

394,105

Systemwide sales (1)

$

223,356

$

230,808

$

736,840

$

746,965

____________________________

(1)

Franchised restaurant sales represent sales at franchised restaurants and are revenues of our franchisees. Systemwide sales include company and franchised restaurant sales. We do not record franchised sales as revenues; however, our royalty revenues, marketing fees and percentage rent revenues are calculated based on a percentage of franchised sales. We believe franchised and systemwide restaurant sales information is useful to investors as they have a direct effect on the company's profitability.

JACK IN THE BOX INC. AND SUBSIDIARIES
RECONCILIATION OF NON-GAAP MEASUREMENTS TO GAAP RESULTS
(Unaudited)

To supplement the condensed consolidated financial statements, which are presented in accordance with GAAP, the company uses the following non-GAAP measures: Adjusted Net Income, Operating Earnings Per Share, Adjusted EBITDA, Restaurant-Level Margin and Franchise-Level Margin. Management believes that these measurements, when viewed with the company's results of operations in accordance with GAAP and the accompanying reconciliations in the tables below, provide useful information about operating performance and period-over-period changes, and provide additional information that is useful for evaluating the operating performance of the company's core business without regard to potential distortions.

Operating Earnings Per Share

Operating Earnings Per Share represents diluted earnings per share on a GAAP basis excluding acquisition, integration and strategic initiatives, net COLI gains, pension and post-retirement benefit costs, goodwill impairment, losses (gains) on the sale of company-operated restaurants, excess tax (benefits) shortfall from share-based compensation arrangements, and the tax-related impacts of the above adjustments. Operating Earnings Per Share should be considered as a supplement to, not as a substitute for, analysis of results as reported under U.S. GAAP or other similarly titled measures of other companies. Management believes Operating Earnings Per Share provides investors with a meaningful supplement of the company’s operating performance and period-over-period changes without regard to potential distortions.

Below is a reconciliation of Non-GAAP Adjusted Net Income to the most directly comparable GAAP measure of net income. Also below is a reconciliation of Non-GAAP Operating Earnings Per Share to the most directly comparable GAAP measure, diluted earnings per share:

12 Weeks Ended

July 7, 2024

July 9, 2023

Net income, as reported

$

(122,300

)

$

29,168

Acquisition, integration, and strategic initiatives (1)

4,723

2,463

Net COLI gains (2)

(3,223

)

(579

)

Pension and post-retirement benefit costs (3)

1,579

1,608

Goodwill impairment (4)

162,624

Losses (gains) on the sale of company-operated restaurants (5)

65

(5,794

)

Excess tax (benefits) shortfall from share-based compensation arrangements

53

(72

)

Tax impact of adjustments (6)

(11,366

)

3,238

Non-GAAP Adjusted Net Income

$

32,155

$

30,032

Weighted-average shares outstanding - diluted

19,541

20,649

Diluted earnings per share – GAAP

$

(6.26

)

$

1.41

Acquisition, integration, and strategic initiatives (1)

0.24

0.12

Net COLI gains (2)

(0.16

)

(0.03

)

Pension and post-retirement benefit costs (3)

0.08

0.08

Goodwill impairment (4)

8.32

Losses (gains) on the sale of company-operated restaurants (5)

0.00

(0.28

)

Excess tax (benefits) shortfall from share-based compensation arrangements

0.00

(0.00

)

Tax impact of adjustments (6)

(0.58

)

0.15

Operating Earnings Per Share – non-GAAP (7)

$

1.65

$

1.45

____________________

(1)

Acquisition, integration and strategic initiatives reflect charges that are not part of our ongoing operations, including consulting fees for discrete project-based strategic initiatives that are not expected to recur in the foreseeable future.

(2)

Net COLI gains reflect market-based adjustments on the company-owned life insurance policies, net of changes in our non-qualified deferred compensation obligation supported by these policies.

(3)

Pension and post-retirement benefit costs relating to our two legacy defined benefit pension plans, as well as our two legacy post-retirement plans.

(4)

Represents the impairment taken on the Del Taco reporting unit goodwill.

(5)

Losses (gains) on the sale of company-operated restaurants

(6)

Tax impacts for the quarter calculated based on the non-GAAP Operating EPS tax rate of 26.2% in the current quarter and 26.8% in the prior year quarter.

(7)

Operating Earnings Per Share may not add due to rounding.

Adjusted EBITDA

Adjusted EBITDA represents net earnings on a GAAP basis excluding income taxes, interest expense, net, losses (gains) on the sale of company-operated restaurants, other operating expenses (income), net, goodwill impairment, depreciation and amortization, amortization of cloud computing costs, amortization of favorable and unfavorable leases and subleases, net, amortization of franchise tenant improvement allowances and other, net COLI gains, and pension and post-retirement benefit costs. Adjusted EBITDA should be considered as a supplement to, not as a substitute for, analysis of results as reported under U.S. GAAP or other similarly titled measures of other companies. Management believes Adjusted EBITDA is useful to investors to gain an understanding of the factors and trends affecting the company's ongoing cash earnings, from which capital investments are made and debt is serviced.

Below is a reconciliation of non-GAAP Adjusted EBITDA to the most directly comparable GAAP measure, net earnings (in thousands):

12 Weeks Ended

July 7, 2024

July 9, 2023

Net earnings (loss) - GAAP

$

(122,300

)

$

29,168

Income taxes

83

14,104

Interest expense, net

18,402

18,662

Losses (gains) on the sale of company-operated restaurants

65

(5,794

)

Other operating expenses (income), net (1)

5,641

7,656

Goodwill impairment (2)

162,624

Depreciation and amortization

13,827

14,460

Amortization of cloud-computing costs (3)

787

1,170

Amortization of favorable and unfavorable leases and subleases, net (4)

234

127

Amortization of franchise tenant improvement allowances and other

1,191

1,057

Net COLI gains (5)

(3,223

)

(579

)

Pension and post-retirement benefit costs (6)

1,579

1,608

Adjusted EBITDA – non-GAAP

$

78,910

$

81,639

(1)

Other operating expense (income), net includes: acquisition, integration and strategic initiatives; costs of closed restaurants; operating restaurant impairment charges; accelerated depreciation and gains/losses on disposition of property and equipment, net.

(2)

Goodwill impairment charges recognized on the Del Taco reporting unit in the third quarter of 2024.

(3)

Amortization of cloud computing costs includes the amounts for the non-cash amortization of capitalized implementation costs related to cloud-based software arrangements that are included within selling, general and administrative expenses.

(4)

Amortization of favorable and unfavorable leases and subleases, net, which is not already included in the other operating expense (income), net, noted above.

(5)

Net COLI gains reflect market-based adjustments on the company-owned life insurance policies, net of changes in our non-qualified deferred compensation obligation supported by these policies.

(6)

Pension and post-retirement benefit costs relating to our two legacy defined benefit pension plans, as well as the two legacy post-retirement plans.

Restaurant-Level Margin

Restaurant-Level Margin is defined as company restaurant sales less restaurant operating costs (food and packaging, labor, and occupancy costs) and is neither required by, nor presented in accordance with GAAP. Restaurant-Level Margin excludes revenues and expenses of our franchise operations and selling, general, and administrative expenses. Certain other costs, such as depreciation and amortization, goodwill impairment, other operating expenses (income), net, losses (gains) on the sale of company-operated restaurants, and other costs that are considered normal operating costs are excluded as they are considered corporate-level shared service costs. As such, Restaurant-Level Margin is not indicative of the overall results of the company and does not accrue directly to the benefit of shareholders because of the exclusion of corporate-level expenses. Restaurant-Level Margin should be considered as a supplement to, not as a substitute for, analysis of results as reported under GAAP or other similarly titled measures of other companies. The company is presenting Restaurant-Level Margin because it believes that it provides a meaningful supplement to net earnings of the company's core business operating results, as well as a comparison to those of other similar companies. Management utilizes Restaurant-Level Margin as a key performance indicator to evaluate the profitability of company-operated restaurants.

Below is a reconciliation of non-GAAP Restaurant-Level Margin to the most directly comparable GAAP measure, earnings from operations (in thousands):

12 weeks ended July 7, 2024

Jack in the Box

Del Taco

Other (1)

Total (2)

Earnings from operations - GAAP

$

86,580

$

(154,004

)

$

(34,812

)

$

(102,236

)

Franchise rental revenues

(82,154

)

(6,971

)

(89,125

)

Franchise royalties and other

(47,822

)

(7,471

)

(55,293

)

Franchise contributions for advertising and other services

(51,419

)

(6,854

)

(58,273

)

Franchise occupancy expenses

51,055

6,934

57,989

Franchise support and other costs

2,894

959

3,853

Franchise advertising and other services expenses

52,810

7,634

60,444

Selling, general and administrative expenses

7,655

5,662

16,263

29,580

Depreciation and amortization

13,827

13,827

Pre-opening costs

646

205

851

Goodwill impairment

162,624

162,624

Other operating expenses (income), net

871

48

4,722

5,641

Losses (gains) on the sale of company-operated restaurants

65

65

Restaurant-Level Margin - Non-GAAP

$

21,116

$

8,831

$

$

29,947

Company restaurant sales

$

100,355

$

66,125

$

$

166,480

Restaurant-Level Margin % - Non-GAAP

21.0

%

13.4

%

N/A

18.0

%

12 weeks ended July 9, 2023

Jack in the Box

Del Taco

Other (1)

Total (2)

Earnings from operations - GAAP

$

88,172

$

13,575

$

(38,205

)

$

63,542

Franchise rental revenues

(83,271

)

(2,977

)

(86,248

)

Franchise royalties and other

(48,761

)

(6,208

)

(54,969

)

Franchise contributions for advertising and other services

(51,360

)

(5,849

)

(57,209

)

Franchise occupancy expenses

51,013

2,918

53,931

Franchise support and other costs

3,526

553

4,079

Franchise advertising and other services expenses

53,519

6,050

59,569

Selling, general and administrative expenses

8,861

9,473

21,283

39,617

Depreciation and amortization

14,460

14,460

Pre-opening costs

155

27

182

Other operating expenses (income), net

(633

)

5,827

2,462

7,656

Losses (gains) on the sale of company-operated restaurants

(96

)

(5,698

)

(5,794

)

Restaurant-Level Margin - Non-GAAP

$

21,125

$

17,691

$

$

38,816

Company restaurant sales

$

96,820

$

101,696

$

$

198,516

Restaurant-Level Margin % - Non-GAAP

21.8

%

17.4

%

N/A

19.6

%

(1)

The "Other" category includes shared services costs and other unallocated costs

(2)

The totals might not agree to consolidated within the Form 10-Q due to rounding.

Franchise-Level Margin

Franchise-Level Margin is defined as franchise revenues less franchise operating costs (occupancy expenses, advertising contributions, and franchise support and other costs) and is neither required by, nor presented in accordance with GAAP. Franchise-Level Margin excludes revenue and expenses of our company-operated restaurants and selling, general, and administrative expenses. Certain other costs, such as depreciation and amortization, goodwill impairment, other operating expenses (income), net, losses (gains) on the sale of company-operated restaurants, and other costs that are considered normal operating costs are excluded as they are considered corporate-level shared service costs. As such, Franchise-Level Margin is not indicative of the overall results of the company and does not accrue directly to the benefit of shareholders because of the exclusion of corporate-level expenses. Franchise-Level Margin should be considered as a supplement to, not as a substitute for, analysis of results as reported under GAAP or other similarly titled measures of other companies. The company is presenting Franchise-Level Margin because it believes that it provides a meaningful supplement to net earnings of the company's core business operating results, as well as a comparison to those of other similar companies. Management utilizes Franchise-Level Margin as a key performance indicator to evaluate the profitability of our franchise operations.

Below is a reconciliation of non-GAAP Franchise-Level Margin to the most directly comparable GAAP measure, earnings from operations (in thousands):

12 weeks ended July 7, 2024

Jack in the Box

Del Taco

Other (1)

Total (2)

Earnings from operations - GAAP

$

86,580

$

(154,004

)

$

(34,812

)

$

(102,236

)

Company restaurant sales

(100,355

)

(66,125

)

(166,480

)

Food and packaging

29,352

16,898

46,250

Payroll and employee benefits

32,421

25,495

57,916

Occupancy and other

17,464

14,901

32,365

Selling, general and administrative expenses

7,655

5,662

16,263

29,580

Depreciation and amortization

13,827

13,827

Pre-opening costs

646

205

851

Goodwill impairment

162,624

162,624

Other operating expenses (income), net

871

48

4,722

5,641

Losses (gains) on the sale of company-operated restaurants

65

65

Franchise-Level Margin - Non-GAAP

$

74,634

$

5,769

$

$

80,403

Franchise rental revenues

$

82,154

$

6,971

$

$

89,125

Franchise royalties and other

47,822

7,471

55,293

Franchise contributions for advertising and other services

51,419

6,854

58,273

Total franchise revenues

$

181,395

$

21,296

$

$

202,691

Franchise-Level Margin % - Non-GAAP

41.1

%

27.1

%

N/A

39.7

%

12 weeks ended July 9, 2023

Jack in the Box

Del Taco

Other (1)

Total (2)

Earnings from operations - GAAP

$

88,172

$

13,575

$

(38,205

)

$

63,542

Company restaurant sales

(96,820

)

(101,696

)

(198,516

)

Food and packaging

30,384

28,171

58,555

Payroll and employee benefits

29,292

34,579

63,871

Occupancy and other

16,021

21,254

37,275

Selling, general and administrative expenses

8,861

9,473

21,283

39,617

Depreciation and amortization

14,460

14,460

Pre-opening costs

155

27

182

Other operating expenses (income), net

(633

)

5,827

2,462

7,656

Losses (gains) on the sale of company-operated restaurants

(96

)

(5,698

)

(5,794

)

Franchise-Level Margin - Non-GAAP

$

75,336

$

5,512

$

$

80,848

Franchise rental revenues

$

83,271

$

2,977

$

$

86,248

Franchise royalties and other

48,761

6,208

54,969

Franchise contributions for advertising and other services

51,360

5,849

57,209

Total franchise revenues

$

183,392

$

15,034

$

$

198,426

Franchise-Level Margin % - Non-GAAP

41.1

%

36.7

%

N/A

40.7

%

(1)

The "Other" category includes shared services costs and other unallocated costs

(2)

The totals might not agree to consolidated within the Form 10-Q due to rounding.

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