Exhibit 99.1
Press Release
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Investors: | | Media: |
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Parag Bhansali | | Michelle Kersch |
(904) 854-8640 | | (904) 854-5043 |
Lender Processing Services, Inc. Reports Record Third Quarter Earnings
Year-over-year revenues increase 32.7%
Adjusted EPS of 83 cents per diluted share
JACKSONVILLE, Fla. — October 22, 2009 — Lender Processing Services, Inc. (NYSE:LPS), a leading provider of integrated technology and services to the mortgage and real estate industries, today reported consolidated revenues of $619.4 million for the third quarter of 2009, an increase of 32.7% compared to the third quarter of 2008, and net earnings of $75.5 million or 78 cents per diluted share.
Adjusted net earnings for the third quarter of 2009 were $80.2 million, or 83 cents per diluted share, compared to $57.8 million, or 61 cents per diluted share, in the third quarter of 2008. Adjusted net earnings in the current quarter include an adjustment for purchase amortization of 5 cents per diluted share while the prior year quarter included a similar adjustment of 7 cents per diluted share.
“LPS delivered strong results in the third quarter despite an ongoing difficult business environment. LPS with its broad-based, technology-driven end-to-end solutions for the mortgage and real estate industries, remains well positioned for the fourth quarter and to continue to grow profitably in the years ahead,” said Lee A. Kennedy, Executive Chairman of LPS. “All our business segments continued to gain market share in the third quarter. Our
Mortgage Processing and other technology businesses posted solid earnings while our Default Services business continued to deliver very strong results. Also, our Loan Facilitation business benefitted from a stronger year-over-year origination market”, added Jeff Carbiener, President and CEO of LPS.
Operating income of $143.6 million in the quarter improved 32.6% compared to the third quarter of 2008.
Year-to-date pro forma adjusted free cash flow (net cash provided by operating activities including pro forma interest expense for the first six months of 2008, minus additions to property and equipment and capitalized software) for 2009 of $231.6 million compared to $184.1 million for the first nine months of 2008.
Technology, Data and Analytics (TD&A)
Revenues for the segment were $186.3 million compared to $139.0 million in the third quarter of 2008 while operating income of $62.4 million compared to $49.2 million in the prior year quarter. Mortgage Processing revenues of $103.0 million were 23.2% above the third quarter of 2008, primarily due to the conversion of the JPMorgan Chase portfolio on to our mortgage servicing platform. Other TD&A revenues increased by 50.5% to $83.3 million compared to the prior year quarter, mainly due to strong growth in Data and Analytics services, our Desktop application, and the impact of the FNRES acquisition completed in the first quarter of 2009. Excluding the impact of FNRES, Other TD&A revenues were up a strong 32.4%. Overall operating income for TD&A was higher primarily due to higher contributions from Mortgage Processing and Data & Analytics.
Loan Transaction Services (LTS)
Revenues for the segment increased by 33.7% to $440.5 million compared to the third quarter of 2008 while operating income of $101.6 million compared to $74.7 million in the prior year period. Loan Facilitation Services revenues of $136.7 million were up 55.9% compared to
the same period last year, mainly due to higher settlement services and increased appraisal volumes. Default Services revenues of $303.8 million increased 25.6% over the third quarter of 2008, primarily due to ongoing strength in the default market and our ability to continue to gain market share. Overall operating income for LTS grew due to higher income in loan origination related offerings, such as settlement services and appraisal, as well as in Default Services.
Corporate and Other
Net corporate expenses were $20.3 million compared to $15.6 million in the third quarter of 2008 and were higher primarily due to higher incentive compensation expenses in the current quarter driven by the strong operating results.
Outlook
“Third quarter and year-to-date 2009 results were very strong and while the broader macro-economic environment and some of our markets continue to present challenges, LPS with its solid market presence remains well positioned for a strong finish in 2009 and to continue to grow revenue and earnings in 2010,” said Jeff Carbiener. “Building on the robust year-to-date results, we expect fourth quarter adjusted earnings to be in the range of 77-79 cents per diluted share. For full year 2009, we now expect revenues to grow 26%-28% compared to 2008 and adjusted earnings to be in the $3.07-$3.09 per diluted share range.”
Use of Non-GAAP Financial Information
Generally Accepted Accounting Principles (GAAP) is the term used to refer to the standard framework of guidelines for financial accounting. GAAP includes the standards, conventions, and rules accountants follow in recording and summarizing transactions, and in the preparation of financial statements. In addition to reporting financial results in accordance with GAAP, LPS reports several non-GAAP measures, including pro forma adjusted net earnings, pro forma adjusted net earnings per share and pro forma adjusted free cash flow. LPS provides these
measures because it believes that they are helpful to investors in comparing year-over-year performance in light of our 2008 spin-off from Fidelity National Information Services, Inc., and to better understand our financial performance, competitive position and future prospects. The adjusted results exclude acquisition related amortization costs and include pro forma debt related interest expenses. Non-GAAP measures should be considered in conjunction with the GAAP financial presentation and should not be considered in isolation or as a substitute for GAAP net earnings. A reconciliation of these non-GAAP measures to related GAAP measures is included in the attachments to this release.
Conference Call and Webcast
LPS will host a conference call to discuss these results on Friday, October 23, 2009, at 8:00 a.m. Eastern time. Interested parties are invited to listen to the live webcast by logging on to the Investor Relations section at www.lpsvcs.com. Supplemental materials will be available on the website. Those wishing to participate via the conference call may do so by calling 866-823-5035. A replay of the webcast will be available on the website shortly after the call where it will be archived for one month. A replay of the conference call will be available through October 30, 2009 by dialing 888-203-1112 (access code: 6402161).
To access a printer friendly version of this release and accompanying exhibits, go to http://www.lpsvcs.com/investor.
About Lender Processing Services
Lender Processing Services, Inc. (LPS) is a leading provider of integrated technology and services to the mortgage and real estate industries. LPS offers solutions that span the mortgage continuum, including lead generation, origination, workflow automation (Desktop), servicing, portfolio retention and default, augmented by the company’s award-winning customer support and professional services. Approximately 50 percent of all U.S. mortgages by dollar volume are serviced using LPS’ Mortgage Servicing Package (MSP). In fact, many
of the nation’s top servicers rely on MSP, including eight of the top 10 and 14 of the top 20. LPS also offers proprietary mortgage and real estate data and analytics for the mortgage and capital markets industries. For more information about LPS, visit www.lpsvcs.com.
Forward-Looking Statements
This press release contains forward-looking statements that involve a number of risks and uncertainties. Those forward-looking statements include all statements that are not historical facts, including statements about our beliefs and expectations. Forward-looking statements are based on management’s beliefs, as well as assumptions made by and information currently available to management. Because such statements are based on expectations as to future economic performance and are not statements of historical fact, actual results may differ materially from those projected. We undertake no obligation to update any forward-looking statements, whether as a result of new information, future events or otherwise. The risks and uncertainties to which forward-looking statements are subject include, but are not limited to: our ability to adapt our services to changes in technology or the marketplace; the elimination of existing and potential customers as a result of failures and consolidations in the banking and financial services industries; the impact of adverse changes in the level of real estate activity on demand for certain of our services; the effects of our substantial leverage on our ability to make acquisitions and invest in our business; changes to the laws, rules and regulations that regulate our businesses as a result of the current economic and financial environment; changes in general economic, business and political conditions, including changes in the financial markets; the impact of any potential defects, development delays, installation difficulties or system failures on our business and reputation; risks associated with protecting information security and privacy; risks associated with our spin-off from Fidelity National Information Services, Inc., including those relating to our new stand-alone public company status and limitations on our strategic and operating flexibility as a result of the tax-free nature of the spin-off; and other risks and uncertainties detailed in the “Statement Regarding Forward-Looking Information,” “Risk
Factors” and other sections of the Company’s Form 10-K, the Company’s subsequent reports on Form 10-Q and other filings with the Securities and Exchange Commission.
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Exhibit A
LENDER PROCESSING SERVICES, INC. AND SUBSIDIARIES
Consolidated Statements of Earnings
(Unaudited)
| | | | | | | | | | | | | | | | |
| | Three Months Ended September 30, | | | Nine Months Ended September 30, | |
| | 2009 | | | 2008 | | | 2009 | | | 2008 | |
| | (In thousands, except per share data) | |
Processing and services revenues | | $ | 619,427 | | | $ | 466,762 | | | $ | 1,762,415 | | | $ | 1,363,669 | |
Cost of revenues | | | 409,113 | | | | 300,560 | | | | 1,167,829 | | | | 882,410 | |
| | | | | | | | | | | | |
Gross profit | | | 210,314 | | | | 166,202 | | | | 594,586 | | | | 481,259 | |
| | | | | | | | | | | | | | | | |
Selling, general and administrative expenses | | | 66,671 | | | | 57,909 | | | | 203,280 | | | | 171,577 | |
| | | | | | | | | | | | |
Operating income | | | 143,643 | | | | 108,293 | | | | 391,306 | | | | 309,682 | |
| | | | | | | | | | | | | | | | |
Other income (expense): | | | | | | | | | | | | | | | | |
Interest income | | | 283 | | | | 476 | | | | 1,249 | | | | 1,039 | |
Interest expense | | | (21,195 | ) | | | (24,565 | ) | | | (64,734 | ) | | | (24,621 | ) |
Other expense, net | | | (203 | ) | | | (5 | ) | | | (217 | ) | | | 277 | |
| | | | | | | | | | | | |
Total other income (expense) | | | (21,115 | ) | | | (24,094 | ) | | | (63,702 | ) | | | (23,305 | ) |
| | | | | | | | | | | | |
Earnings from continuing operations before income taxes and equity in losses of unconsolidated entity | | | 122,528 | | | | 84,199 | | | | 327,604 | | | | 286,377 | |
Provision for income taxes | | | 46,867 | | | | 32,669 | | | | 125,308 | | | | 111,114 | |
| | | | | | | | | | | | |
Earnings from continuing operations before equity in losses of unconsolidated entity | | | 75,661 | | | | 51,530 | | | | 202,296 | | | | 175,263 | |
Equity in losses of unconsolidated entity | | | — | | | | (1,484 | ) | | | (37 | ) | | | (3,854 | ) |
| | | | | | | | | | | | |
Earnings from continuing operations | | | 75,661 | | | | 50,046 | | | | 202,259 | | | | 171,409 | |
Discontinued operation, net of tax | | | — | | | | 1,565 | | | | (504 | ) | | | 6,203 | |
| | | | | | | | | | | | |
Net earnings | | | 75,661 | | | | 51,611 | | | | 201,755 | | | | 177,612 | |
Noncontrolling minority interest | | | (119 | ) | | | (330 | ) | | | (927 | ) | | | (1,053 | ) |
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Net earnings attributable to Lender Processing Services, Inc. | | $ | 75,542 | | | $ | 51,281 | | | $ | 200,828 | | | $ | 176,559 | |
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Exhibit B
LENDER PROCESSING SERVICES, INC. AND SUBSIDIARIES
Consolidated Balance Sheets
(Unaudited)
| | | | | | | | |
| | September 30, | | | December 31, | |
| | 2009 | | | 2008 | |
| | (In thousands) | |
Assets | | | | | | | | |
Current assets: | | | | | | | | |
Cash and cash equivalents | | $ | 64,847 | | | $ | 125,966 | |
Trade receivables, net of allowance for doubtful accounts | | | 428,373 | | | | 344,848 | |
Other receivables | | | 4,086 | | | | 17,393 | |
Due from afflilates | | | — | | | | 2,713 | |
Prepaid expenses and other current assets | | | 24,939 | | | | 22,030 | |
Deferred income taxes | | | 40,757 | | | | 40,757 | |
| | | | | | |
Total current assets | | | 563,002 | | | | 553,707 | |
| | | | | | |
| | | | | | | | |
Property and equipment, net of accumulated depreciation | | | 103,711 | | | | 95,542 | |
Computer software, net of accumulated amortization | | | 180,064 | | | | 157,539 | |
Other intangible assets, net of accumulated amortization | | | 78,656 | | | | 83,489 | |
Goodwill | | | 1,135,153 | | | | 1,091,056 | |
Other non-current assets | | | 109,105 | | | | 122,300 | |
| | | | | | |
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Total assets | | $ | 2,169,691 | | | $ | 2,103,633 | |
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Liabilities and Equity | | | | | | | | |
Current liabilities: | | | | | | | | |
Current portion of long-term debt | | $ | 77,362 | | | $ | 145,101 | |
Trade accounts payable | | | 40,857 | | | | 31,720 | |
Accrued salaries and benefits | | | 51,593 | | | | 36,492 | |
Recording and transfer tax liabilities | | | 17,446 | | | | 14,639 | |
Due to affiliates | | | 1,492 | | | | 1,573 | |
Other accrued liabilities | | | 154,878 | | | | 101,612 | |
Deferred revenues | | | 49,572 | | | | 51,628 | |
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Total current liabilities | | | 393,200 | | | | 382,765 | |
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|
Deferred revenues | | | 40,474 | | | | 40,343 | |
Deferred income taxes, net | | | 30,504 | | | | 36,557 | |
Long-term debt, net of current portion | | | 1,286,030 | | | | 1,402,350 | |
Other non-current liabilities | | | 27,926 | | | | 39,217 | |
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Total liabilities | | | 1,778,134 | | | | 1,901,232 | |
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Equity: | | | | | | | | |
Lender Processing Services, Inc. stockholders’ equity: | | | | | | | | |
Preferred stock $0.0001 par value; 50 million shares authorized, none issued at September 30, 2009 or December 31, 2008 | | | — | | | | — | |
Common stock $0.0001 par value; 500 million shares authorized, 96.8 million and 95.3 million shares issued at September 30, 2009 and December 31, 2008 | | | 10 | | | | 9 | |
Additional paid-in capital | | | 157,103 | | | | 111,849 | |
Retained earnings | | | 265,645 | | | | 93,540 | |
Accumulated other comprehensive loss | | | (9,617 | ) | | | (13,667 | ) |
Treasury stock $0.0001 par value; 884,734 and 19,870 shares at September 30, 2009 and December 31, 2008 | | | (27,712 | ) | | | (582 | ) |
| | | | | | |
Total Lender Processing Services, Inc. stockholders’ equity | | | 385,429 | | | | 191,149 | |
Noncontrolling minority interest | | | 6,128 | | | | 11,252 | |
| | | | | | |
Total equity | | | 391,557 | | | | 202,401 | |
| | | | | | |
| | | | | | | | |
Total liabilities and equity | | $ | 2,169,691 | | | $ | 2,103,633 | |
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Exhibit C
LENDER PROCESSING SERVICES, INC. AND SUBSIDIARIES
Consolidated Statements of Cash Flows
(Unaudited)
| | | | | | | | |
| | Nine Months Ended September 30, | |
| | 2009 | | | 2008 | |
| | (In thousands) | |
Cash flows from operating activities: | | | | | | | | |
Net earnings attributable to Lender Processing Services, Inc. | | $ | 200,828 | | | $ | 176,559 | |
|
Adjustments to reconcile net earnings to net cash provided by operating activities: | | | | | | | | |
Depreciation and amortization | | | 72,623 | | | | 68,395 | |
Amortization of debt issuance costs | | | 3,968 | | | | 1,509 | |
Gain on sale of discontinued operation | | | (2,574 | ) | | | — | |
Deferred income taxes, net | | | (651 | ) | | | 3,968 | |
Stock-based compensation cost | | | 20,364 | | | | 14,910 | |
Tax benefit associated with equity compensation | | | (2,625 | ) | | | (512 | ) |
Equity in losses of unconsolidated entity | | | 37 | | | | 3,854 | |
Noncontrolling minority interest | | | 927 | | | | 1,053 | |
|
Changes in assets and liabilities, net of effects of acquisitions: | | | | | | | | |
Trade receivables | | | (76,642 | ) | | | (84,167 | ) |
Other receivables | | | 13,321 | | | | (7,612 | ) |
Prepaid expenses and other assets | | | (7,798 | ) | | | 4,676 | |
Deferred revenues | | | (2,922 | ) | | | 5,342 | |
Accounts payable and other liabilities | | | 76,281 | | | | 59,317 | |
| | | | | | |
Net cash provided by operating activities | | | 295,137 | | | | 247,292 | |
| | | | | | |
|
Cash flows from investing activities: | | | | | | | | |
Additions to property and equipment | | | (24,896 | ) | | | (14,657 | ) |
Additions to capitalized software | | | (42,966 | ) | | | (23,685 | ) |
Acquisition of title plants | | | (14,319 | ) | | | — | |
Acquisitions, net of cash acquired | | | (16,403 | ) | | | (15,488 | ) |
Proceeds from sale of discontinued operation, net of cash distributed | | | (32,638 | ) | | | — | |
| | | | | | |
Net cash used in investing activities | | | (131,222 | ) | | | (53,830 | ) |
| | | | | | |
|
Cash flows from financing activities: | | | | | | | | |
Borrowings | | | — | | | | 25,700 | |
Debt service payments | | | (180,455 | ) | | | (61,993 | ) |
Stock options exercised | | | 2,002 | | | | 1,433 | |
Tax benefit associated with equity compensation | | | 2,625 | | | | 512 | |
Cash dividends paid | | | (28,723 | ) | | | (9,526 | ) |
Capitalized debt issuance costs | | | — | | | | (24,882 | ) |
Acquisition of noncontrolling minority interest | | | (2,600 | ) | | | — | |
Net distributions to FIS | | | — | | | | (114,855 | ) |
Treasury stock purchases | | | (9,883 | ) | | | — | |
Bond repurchases | | | (8,000 | ) | | | — | |
| | | | | | |
Net cash used in financing activities | | | (225,034 | ) | | | (183,611 | ) |
Net (decrease) increase in cash and cash equivalents | | | (61,119 | ) | | | 9,851 | |
Cash and cash equivalents, beginning of period | | | 125,966 | | | | 39,566 | |
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Cash and cash equivalents, end of period | | $ | 64,847 | | | $ | 49,417 | |
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Supplemental disclosures of cash flow information: | | | | | | | | |
Cash paid for interest | | $ | 69,882 | | | $ | 15,543 | |
| | | | | | |
Cash paid for taxes | | $ | 107,709 | | | $ | 720 | |
| | | | | | |
Non-cash contribution of stock compensation by FIS | | $ | — | | | $ | 9,120 | |
| | | | | | |
Non-cash redistribution of assets to FIS | | $ | 434 | | | $ | (4,537 | ) |
| | | | | | |
Non-cash consideration received from sale of discontinued operation | | $ | 40,310 | | | $ | — | |
| | | | | | |
Non-cash consideration issued in acquisition of business | | $ | (5,162 | ) | | $ | — | |
| | | | | | |
Non-cash exchange of FIS note | | $ | — | | | $ | (1,585,000 | ) |
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Exhibit D
LENDER PROCESSING SERVICES, INC. AND SUBSIDIARIES
SUPPLEMENTAL FINANCIAL INFORMATION — UNAUDITED
(In thousands)
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| | Nine Months Ended September 30, | | | Quarter Ended | |
| | 2009 | | | 2008 | | | 9/30/2009 | | | 6/30/2009 | | | 3/31/2009 | | | 12/31/2008 | | | 9/30/2008 | | | 6/30/2008 | | | 3/31/2008 | |
1. Revenues — Continuing Operations | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
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Technology, Data and Analytics (TD&A): | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Mortgage Processing | | $ | 283,690 | | | $ | 245,820 | | | $ | 102,973 | | | $ | 89,567 | | | $ | 91,150 | | | $ | 88,364 | | | $ | 83,592 | | | $ | 82,062 | | | $ | 80,166 | |
Other TD&A | | | 234,364 | | | | 170,712 | | | | 83,313 | | | | 82,322 | | | | 68,729 | | | | 60,754 | | | | 55,372 | | | | 59,682 | | | | 55,658 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
Total | | | 518,054 | | | | 416,532 | | | | 186,286 | | | | 171,889 | | | | 159,879 | | | | 149,118 | | | | 138,964 | | | | 141,744 | | | | 135,824 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Loan Transaction Services: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Loan Facilitation Services | | | 404,381 | | | | 347,759 | | | | 136,657 | | | | 148,510 | | | | 119,214 | | | | 83,914 | | | | 87,629 | | | | 118,091 | | | | 142,039 | |
Default Services | | | 858,666 | | | | 608,092 | | | | 303,823 | | | | 299,534 | | | | 255,309 | | | | 243,736 | | | | 241,844 | | | | 197,223 | | | | 169,025 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
Total | | | 1,263,047 | | | | 955,851 | | | | 440,480 | | | | 448,044 | | | | 374,523 | | | | 327,650 | | | | 329,473 | | | | 315,314 | | | | 311,064 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Corporate and Other | | | (18,686 | ) | | | (8,714 | ) | | | (7,339 | ) | | | (6,762 | ) | | | (4,585 | ) | | | (2,847 | ) | | | (1,675 | ) | | | (3,711 | ) | | | (3,328 | ) |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Total Revenue | | $ | 1,762,415 | | | $ | 1,363,669 | | | $ | 619,427 | | | $ | 613,171 | | | $ | 529,817 | | | $ | 473,921 | | | $ | 466,762 | | | $ | 453,347 | | | $ | 443,560 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Revenue Growth from Prior Year Period | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Technology, Data and Analytics: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Mortgage Processing | | | 15.4 | % | | | -0.4 | % | | | 23.2 | % | | | 9.1 | % | | | 13.7 | % | | | -4.9 | % | | | 2.9 | % | | | -1.4 | % | | | -2.6 | % |
Other TD&A | | | 37.3 | % | | | -3.8 | % | | | 50.5 | % | | | 37.9 | % | | | 23.5 | % | | | 14.6 | % | | | -5.5 | % | | | 1.5 | % | | | -7.4 | % |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
Total | | | 24.4 | % | | | -1.8 | % | | | 34.1 | % | | | 21.3 | % | | | 17.7 | % | | | 2.2 | % | | | -0.6 | % | | | -0.2 | % | | | -4.6 | % |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Loan Transaction Services: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Loan Facilitation Services | | | 16.3 | % | | | -24.7 | % | | | 55.9 | % | | | 25.8 | % | | | -16.1 | % | | | -39.6 | % | | | -42.8 | % | | | -28.3 | % | | | -1.3 | % |
Default Services | | | 41.2 | % | | | 85.3 | % | | | 25.6 | % | | | 51.9 | % | | | 51.0 | % | | | 68.3 | % | | | 97.1 | % | | | 89.7 | % | | | 66.5 | % |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
Total | | | 32.1 | % | | | 21.0 | % | | | 33.7 | % | | | 42.1 | % | | | 20.4 | % | | | 15.4 | % | | | 19.4 | % | | | 17.3 | % | | | 26.7 | % |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Corporate and Other | | | n/m | | | | n/m | | | | 338.1 | % | | | n/m | | | | n/m | | | | n/m | | | | n/m | | | | n/m | | | | n/m | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Total Revenue | | | 29.2 | % | | | 12.5 | % | | | 32.7 | % | | | 35.3 | % | | | 19.4 | % | | | 11.0 | % | | | 13.3 | % | | | 10.0 | % | | | 14.4 | % |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
2. Depreciation and Amortization — Continuing Operations | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Depreciation and Amortization | | $ | 45,399 | | | $ | 37,378 | | | $ | 15,894 | | | $ | 15,431 | | | $ | 14,074 | | | $ | 13,697 | | | $ | 12,594 | | | $ | 11,286 | | | $ | 13,498 | |
Purchase Price Amortization | | | 23,095 | | | | 29,307 | | | | 7,608 | | | | 7,404 | | | | 8,083 | | | | 10,711 | | | | 10,627 | | | | 8,980 | | | | 9,700 | |
Other Amortization | | | 4,124 | | | | 1,648 | | | | 1,542 | | | | 753 | | | | 1,829 | | | | 596 | | | | 579 | | | | 594 | | | | 475 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
Total Depreciation and Amortization | | $ | 72,618 | | | $ | 68,333 | | | $ | 25,044 | | | $ | 23,588 | | | $ | 23,986 | | | $ | 25,004 | | | $ | 23,800 | | | $ | 20,860 | | | $ | 23,673 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
3. Stock Compensation Expense (1) | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Stock Compensation Expense, Excluding Acceleration Charges | | $ | 19,565 | | | $ | 14,772 | | | $ | 7,062 | | | $ | 6,459 | | | $ | 6,044 | | | $ | 6,603 | | | $ | 5,790 | | | $ | 4,295 | | | $ | 4,687 | |
Stock Acceleration Expense | | | 799 | | | | 138 | | | | — | | | | — | | | | 799 | | | | — | | | | — | | | | 138 | | | | — | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
Total Stock Compensation Expense | | $ | 20,364 | | | $ | 14,910 | | | $ | 7,062 | | | $ | 6,459 | | | $ | 6,843 | | | $ | 6,603 | | | $ | 5,790 | | | $ | 4,433 | | | $ | 4,687 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
4. EBIT — Discontinued Operations (2) | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Revenue | | $ | 296 | | | $ | 22,115 | | | $ | — | | | $ | — | | | $ | 296 | | | $ | 2,204 | | | $ | 5,916 | | | $ | 7,033 | | | $ | 9,166 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Cost of Sales | | | 503 | | | $ | 4,808 | | | | — | | | | — | | | | 503 | | | | 1,571 | | | | 1,521 | | | | 1,499 | | | | 1,788 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Selling, General and Administrative Expenses | | | 499 | | | | 7,168 | | | | — | | | | — | | | | 499 | | | | 1,814 | | | | 1,837 | | | | 2,212 | | | | 3,119 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Operating Income | | | (706 | ) | | | 10,139 | | | | — | | | | — | | | | (706 | ) | | | (1,181 | ) | | | 2,558 | | | | 3,322 | | | | 4,259 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Less Non-recurring Charges: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Restructuring Costs | | | — | | | | — | | | | — | | | | — | | | | — | | | | — | | | | — | | | | — | | | | — | |
LPS Spin Related Costs | | | — | | | | — | | | | — | | | | — | | | | — | | | | — | | | | — | | | | — | | | | — | |
Acceleration of Performance-Based Shares | | | — | | | | — | | | | — | | | | — | | | | — | | | | — | | | | — | | | | — | | | | — | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
EBIT, as adjusted | | $ | (706 | ) | | $ | 10,139 | | | $ | — | | | $ | — | | | $ | (706 | ) | | $ | (1,181 | ) | | $ | 2,558 | | | $ | 3,322 | | | $ | 4,259 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Depreciation and Amortization | | $ | 5 | | | $ | 62 | | | $ | — | | | $ | — | | | $ | 5 | | | $ | 17 | | | $ | 19 | | | $ | 20 | | | $ | 23 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | |
(1) | | As the Company does not allocate stock compensation expense to the individual business units, there is no related expense associated with the discontinued operation. |
|
(2) | | The business unit included in discontinued operations has historically been reported as a component of Loan Facilitation Services in the Loan Transaction Services reporting segment. |
Exhibit E
LENDER PROCESSING SERVICES, INC. AND SUBSIDIARIES
NON-GAAP FINANCIAL INFORMATION — UNAUDITED
(In thousands, except per share data)
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Nine Months Ended September 30, | | | Quarter Ended | |
| | 2009 | | | 2008 | | | 9/30/2009 | | | 6/30/2009 | | | 3/31/2009 | | | 12/31/2008 | | | 9/30/2008 | | | 6/30/2008 | | | 3/31/2008 | |
1. EBIT — Continuing Operations | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Consolidated | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Revenue | | $ | 1,762,415 | | | $ | 1,363,669 | | | $ | 619,427 | | | $ | 613,171 | | | $ | 529,817 | | | $ | 473,921 | | | $ | 466,762 | | | $ | 453,347 | | | $ | 443,560 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Cost of Sales | | | 1,167,829 | | | | 882,410 | | | | 409,113 | | | | 404,014 | | | | 354,702 | | | | 294,069 | | | | 300,560 | | | | 293,464 | | | | 288,386 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Selling, General and Administrative Expenses | | | 203,280 | | | | 171,577 | | | | 66,671 | | | | 65,431 | | | | 71,178 | | | | 58,298 | | | | 57,909 | | | | 58,570 | | | | 55,098 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Operating Income | | | 391,306 | | | | 309,682 | | | | 143,643 | | | | 143,726 | | | | 103,937 | | | | 121,554 | | | | 108,293 | | | | 101,313 | | | | 100,076 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Less Non-recurring Charges (1): | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Restructuring Costs | | | 8,186 | | | | 2,353 | | | | — | | | | — | | | | 8,186 | | | | — | | | | — | | | | 2,353 | | | | — | |
LPS Spin Related Costs | | | — | | | | 2,963 | | | | — | | | | — | | | | — | | | | — | | | | — | | | | 1,960 | | | | 1,003 | |
Acceleration of Performance-Based Shares | | | 799 | | | | 138 | | | | — | | | | — | | | | 799 | | | | — | | | | — | | | | 138 | | | | — | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
EBIT, as adjusted | | $ | 400,291 | | | $ | 315,136 | | | $ | 143,643 | | | $ | 143,726 | | | $ | 112,922 | | | $ | 121,554 | | | $ | 108,293 | | | $ | 105,764 | | | $ | 101,079 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
EBIT Margin, as adjusted | | | 22.7 | % | | | 23.1 | % | | | 23.2 | % | | | 23.4 | % | | | 21.3 | % | | | 25.6 | % | | | 23.2 | % | | | 23.3 | % | | | 22.8 | % |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Depreciation and Amortization | | $ | 72,618 | | | $ | 68,333 | | | $ | 25,044 | | | $ | 23,588 | | | $ | 23,986 | | | $ | 25,004 | | | $ | 23,800 | | | $ | 20,860 | | | $ | 23,673 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Technology, Data and Analytics | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Revenue | | $ | 518,054 | | | $ | 416,532 | | | $ | 186,286 | | | $ | 171,889 | | | $ | 159,879 | | | $ | 149,118 | | | $ | 138,964 | | | $ | 141,744 | | | $ | 135,824 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Cost of Sales | | | 295,043 | | | | 229,487 | | | | 105,651 | | | | 98,929 | | | | 90,463 | | | | 80,482 | | | | 73,980 | | | | 81,397 | | | | 74,110 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Selling, General and Administrative Expenses | | | 52,146 | | | | 49,519 | | | | 18,256 | | | | 17,824 | | | | 16,066 | | | | 15,121 | | | | 15,790 | | | | 17,471 | | | | 16,258 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Operating Income | | | 170,865 | | | | 137,526 | | | | 62,379 | | | | 55,136 | | | | 53,350 | | | | 53,515 | | | | 49,194 | | | | 42,876 | | | | 45,456 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Less Non-recurring Charges: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Restructuring Costs | | | — | | | | 2,178 | | | | — | | | | — | | | | — | | | | — | | | | — | | | | 2,178 | | | | — | |
LPS Spin Related Costs | | | — | | | | — | | | | — | | | | — | | | | — | | | | — | | | | — | | | | — | | | | — | |
Acceleration of Performance-Based Shares | | | — | | | | — | | | | — | | | | — | | | | — | | | | — | | | | — | | | | — | | | | — | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
EBIT, as adjusted | | $ | 170,865 | | | $ | 139,704 | | | $ | 62,379 | | | $ | 55,136 | | | $ | 53,350 | | | $ | 53,515 | | | $ | 49,194 | | | $ | 45,054 | | | $ | 45,456 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
EBIT Margin, as adjusted | | | 33.0 | % | | | 33.5 | % | | | 33.5 | % | | | 32.1 | % | | | 33.4 | % | | | 35.9 | % | | | 35.4 | % | | | 31.8 | % | | | 33.5 | % |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Depreciation and Amortization | | $ | 51,411 | | | $ | 45,215 | | | $ | 17,595 | | | $ | 16,441 | | | $ | 17,375 | | | $ | 15,990 | | | $ | 15,229 | | | $ | 13,971 | | | $ | 16,015 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Loan Transaction Services | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Revenue | | $ | 1,263,047 | | | $ | 955,851 | | | $ | 440,480 | | | $ | 448,044 | | | $ | 374,523 | | | $ | 327,650 | | | $ | 329,473 | | | $ | 315,314 | | | $ | 311,064 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Cost of Sales | | | 891,515 | | | | 661,789 | | | | 311,230 | | | | 311,349 | | | | 268,936 | | | | 217,242 | | | | 228,283 | | | | 215,838 | | | | 217,668 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Selling, General and Administrative Expenses | | | 82,088 | | | | 78,985 | | | | 27,665 | | | | 27,064 | | | | 27,359 | | | | 26,314 | | | | 26,487 | | | | 27,154 | | | | 25,344 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Operating Income | | | 289,444 | | | | 215,077 | | | | 101,585 | | | | 109,631 | | | | 78,228 | | | | 84,094 | | | | 74,703 | | | | 72,322 | | | | 68,052 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Less Non-recurring Charges: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Restructuring Costs | | | — | | | | 163 | | | | — | | | | — | | | | — | | | | — | | | | — | | | | 163 | | | | — | |
LPS Spin Related Costs | | | — | | | | — | | | | — | | | | — | | | | — | | | | — | | | | — | | | | — | | | | — | |
Acceleration of Performance-Based Shares | | | — | | | | — | | | | — | | | | — | | | | — | | | | — | | | | — | | | | — | | | | — | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
EBIT, as adjusted | | $ | 289,444 | | | $ | 215,240 | | | $ | 101,585 | | | $ | 109,631 | | | $ | 78,228 | | | $ | 84,094 | | | $ | 74,703 | | | $ | 72,485 | | | $ | 68,052 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
EBIT Margin, as adjusted | | | 22.9 | % | | | 22.5 | % | | | 23.1 | % | | | 24.5 | % | | | 20.9 | % | | | 25.7 | % | | | 22.7 | % | | | 23.0 | % | | | 21.9 | % |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Depreciation and Amortization | | $ | 15,029 | | | $ | 18,104 | | | $ | 5,295 | | | $ | 5,126 | | | $ | 4,608 | | | $ | 7,028 | | | $ | 6,651 | | | $ | 5,290 | | | $ | 6,163 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Corporate and Other | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Revenue | | $ | (18,686 | ) | | $ | (8,714 | ) | | $ | (7,339 | ) | | $ | (6,762 | ) | | $ | (4,585 | ) | | $ | (2,847 | ) | | $ | (1,675 | ) | | $ | (3,711 | ) | | $ | (3,328 | ) |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Cost of Sales | | | (18,729 | ) | | | (8,866 | ) | | | (7,768 | ) | | | (6,264 | ) | | | (4,697 | ) | | | (3,655 | ) | | | (1,703 | ) | | | (3,771 | ) | | | (3,392 | ) |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Selling, General and Administrative Expenses | | | 69,046 | | | | 43,073 | | | | 20,750 | | | | 20,543 | | | | 27,753 | | | | 16,863 | | | | 15,632 | | | | 13,945 | | | | 13,496 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Operating Income | | | (69,003 | ) | | | (42,921 | ) | | | (20,321 | ) | | | (21,041 | ) | | | (27,641 | ) | | | (16,055 | ) | | | (15,604 | ) | | | (13,885 | ) | | | (13,432 | ) |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Less Non-recurring Charges: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Restructuring Costs | | | 8,186 | | | | 12 | | | | — | | | | — | | | | 8,186 | | | | — | | | | — | | | | 12 | | | | — | |
LPS Spin Related Costs | | | — | | | | 2,963 | | | | — | | | | — | | | | — | | | | — | | | | — | | | | 1,960 | | | | 1,003 | |
Acceleration of Performance-Based Shares | | | 799 | | | | 138 | | | | — | | | | — | | | | 799 | | | | — | | | | — | | | | 138 | | | | — | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
EBIT, as adjusted | | $ | (60,018 | ) | | $ | (39,808 | ) | | $ | (20,321 | ) | | $ | (21,041 | ) | | $ | (18,656 | ) | | $ | (16,055 | ) | | $ | (15,604 | ) | | $ | (11,775 | ) | | $ | (12,429 | ) |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Depreciation and Amortization | | $ | 6,178 | | | $ | 5,014 | | | $ | 2,154 | | | $ | 2,021 | | | $ | 2,003 | | | $ | 1,986 | | | $ | 1,920 | | | $ | 1,599 | | | $ | 1,495 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | |
Notes: |
|
(1) | | Non-recurring charges reflect the impact of certain expenses incurred including a charge taken in Q1-2009 ($9.0 million) primarily relating to the retirement of three members of LPS’s Board of Directors, as well as the impact of various spin and restructuring related charges taken in Q1 and Q2 of 2008. |
Exhibit E - Continued
LENDER PROCESSING SERVICES, INC. AND SUBSIDIARIES
NON-GAAP FINANCIAL INFORMATION — UNAUDITED
(In thousands, except per share data)
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Nine Months Ended September 30, | | | Quarter Ended | |
| | 2009 | | | 2008 | | | 9/30/2009 | | | 6/30/2009 | | | 3/31/2009 | | | 12/31/2008 | | | 9/30/2008 | | | 6/30/2008 | | | 3/31/2008 | |
2. Net Earnings — Reconciliation | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Net Earnings | | $ | 200,828 | | | | 176,559 | | | $ | 75,542 | | | $ | 75,240 | | | $ | 50,046 | | | $ | 54,329 | | | $ | 51,281 | | | $ | 63,546 | | | $ | 61,732 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Less Non-recurring Charges: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Restructuring Costs, net of tax | | | 5,055 | | | | 1,440 | | | | — | | | | — | | | | 5,055 | | | | — | | | | — | | | | 1,440 | | | | — | |
LPS Spin Related Costs, net of tax | | | — | | | | 1,814 | | | | — | | | | — | | | | — | | | | — | | | | — | | | | 1,200 | | | | 614 | |
Acceleration of Performance-Based Shares, net of tax | | | 493 | | | | 84 | | | | — | | | | — | | | | 493 | | | | — | | | | — | | | | 84 | | | | — | |
Impact of change in tax rate on non-recurring items | | | — | | | | — | | | | — | | | | — | | | | — | | | | (223 | ) | | | — | | | | — | | | | — | |
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Net Earnings, excluding non-recurring items | | | 206,376 | | | | 179,897 | | | | 75,542 | | | | 75,240 | | | | 55,594 | | | | 54,106 | | | | 51,281 | | | | 66,270 | | | | 62,346 | |
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Pro Forma Interest Expense, net of tax (2) | | | — | | | | 28,131 | | | | — | | | | — | | | | — | | | | — | | | | — | | | | 13,951 | | | | 14,180 | |
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Pro Forma Net Earnings | | | 206,376 | | | | 151,766 | | | | 75,542 | | | | 75,240 | | | | 55,594 | | | | 54,106 | | | | 51,281 | | | | 52,319 | | | | 48,166 | |
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Purchase Price Amortization, net of tax (3) | | | 14,261 | | | | 17,936 | | | | 4,698 | | | | 4,572 | | | | 4,991 | | | | 6,815 | | | | 6,504 | | | | 5,496 | | | | 5,936 | |
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Pro Forma Adjusted Net Earnings | | $ | 220,637 | | | $ | 169,702 | | | $ | 80,240 | | | $ | 79,812 | | | $ | 60,585 | | | $ | 60,921 | | | $ | 57,785 | | | $ | 57,815 | | | $ | 54,102 | |
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Pro Forma Net Earnings Per Share | | $ | 2.15 | | | $ | 1.58 | | | $ | 0.78 | | | $ | 0.78 | | | $ | 0.58 | | | $ | 0.57 | | | $ | 0.54 | | | $ | 0.55 | | | $ | 0.49 | |
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Pro Forma Adjusted Net Earnings Per Share (4) | | $ | 2.30 | | | $ | 1.77 | | | $ | 0.83 | | | $ | 0.83 | | | $ | 0.64 | | | $ | 0.64 | | | $ | 0.61 | | | $ | 0.61 | | | $ | 0.55 | |
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Pro Forma Diluted Weighted Average Shares (4) | | | 95,941 | | | | 95,963 | | | | 96,399 | | | | 96,133 | | | | 95,284 | | | | 95,126 | | | | 95,223 | | | | 95,070 | | | | 97,597 | |
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3. Cashflow — Reconciliation | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
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Cash Flows from Operating Activities: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
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Net Earnings | | $ | 200,828 | | | $ | 176,559 | | | $ | 75,542 | | | $ | 75,240 | | | $ | 50,046 | | | $ | 54,329 | | | $ | 51,281 | | | $ | 63,546 | | | $ | 61,732 | |
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Less Non-recurring Charges: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Restructuring Costs, net of tax | | | 4,304 | | | | 1,440 | | | | — | | | | — | | | | 4,304 | | | | — | | | | — | | | | 1,440 | | | | — | |
LPS Spin Related Costs, net of tax | | | — | | | | 1,814 | | | | — | | | | — | | | | — | | | | — | | | | — | | | | 1,200 | | | | 614 | |
Impact of change in tax rate on non-recurring items | | | — | | | | — | | | | — | | | | — | | | | — | | | | (223 | ) | | | — | | | | — | | | | — | |
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Net Earnings, excluding non-recurring items | | | 205,132 | | | | 179,813 | | | | 75,542 | | | | 75,240 | | | | 54,350 | | | | 54,106 | | | | 51,281 | | | | 66,186 | | | | 62,346 | |
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Pro Forma Interest Expense, net of tax | | | — | | | | 28,131 | | | | — | | | | — | | | | — | | | | — | | | | — | | | | 13,951 | | | | 14,180 | |
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Pro Forma Adjusted Net Earnings | | | 205,132 | | | | 151,682 | | | | 75,542 | | | | 75,240 | | | | 54,350 | | | | 54,106 | | | | 51,281 | | | | 52,235 | | | | 48,166 | |
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Adjustments to reconcile net earnings to net cash provided by operating activities: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Non-cash adjustments | | | 92,069 | | | | 93,177 | | | | 32,279 | | | | 31,700 | | | | 28,090 | | | | 30,081 | | | | 32,420 | | | | 18,262 | | | | 42,495 | |
Working capital adjustments | | | 2,240 | | | | (22,444 | ) | | | (16,954 | ) | | | 21,957 | | | | (2,763 | ) | | | 32,158 | | | | 26,908 | | | | (91,474 | ) | | | 42,122 | |
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Net cash provided by (used in) operating activities | | | 299,441 | | | | 222,415 | | | | 90,867 | | | | 128,897 | | | | 79,677 | | | | 116,345 | | | | 110,609 | | | | (20,977 | ) | | | 132,783 | |
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Capital expenditures included in investing activities | | | (67,862 | ) | | | (38,342 | ) | | | (19,455 | ) | | | (25,836 | ) | | | (22,571 | ) | | | (23,946 | ) | | | (13,205 | ) | | | (14,344 | ) | | | (10,793 | ) |
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Pro Forma Adjusted Net Free Cash Flow | | $ | 231,579 | | | $ | 184,073 | | | $ | 71,412 | | | $ | 103,061 | | | $ | 57,106 | | | $ | 92,399 | | | $ | 97,404 | | | $ | (35,321 | ) | | $ | 121,990 | |
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Notes: |
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(2) | | Pro forma interest expense for each of the two quarters in the period ended June 30, 2008 represents the interest expense associated with the $1,610.7 million in debt incurred by us in connection with the spin-off assuming the spin-off occurred on January 1, 2007. Our new bank debt bears interest at a floating rate which we estimate would have been 4.96% on the revolving credit agreement, Term Loan A and Term Loan B based on the one month LIBOR rate on June 30, 2008 (2.46%) plus a spread of 2.5%. Our new senior notes bear interest at a fixed rate of 8.125%. Amortization of capitalized debt issuance costs in connection with the borrowings included in pro forma interest expense total approximately $2.7 million for the six months ended June 30, 2008. These projections also reflect principal paydowns of approximately $36.3 million ($35 million of Term Loan A, $1.3 million of Term Loan B) per quarter under the credit agreement (other than in the first quarter after closing, in which only $1.3 million is payable) and the paydown of the revolver of $25.7 million during the first quarter of 2007. |
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(3) | | Purchase price amortization, net of tax represents the periodic amortization of intangible assets acquired through business acquisitions primarily relating to customer lists, trademarks and non-compete agreements. |
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(4) | | Pro forma earnings per share and pro forma diluted weighted average shares for the quarter ended June 30, 2008 are provided based on the 94,611 shares of Lender Processing Services, Inc. common stock issued to FIS shareholders on the July 2, 2008 spin date along with dilutive common stock equivalents calculated under the treasury stock method using the $33 per share closing price of LPS on July 2, 2008 as the average market price and the number of LPS options and awards issued to our employees per the terms of the spin-off. Pro forma earnings per share and pro forma diluted weighted average shares for all other periods presented above are based on the pro forma diluted shares as included in the Company’s Form 10 filed on June 20, 2008. |