Exhibit 99.1
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![LOGO](https://capedge.com/proxy/8-K/0001193125-12-056221/g299879g76z71.jpg) | | Press Release |
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Investors: | | Media: |
Nancy Murphy | | Michelle Kersch |
(904) 854-8640 | | (904) 854-5043 |
nancy.murphy@lpsvcs.com | | michelle.kersch@lpsvcs.com |
Lender Processing Services Reports Fourth Quarter and Full Year 2011 Earnings
Fiscal year adjusted earnings per diluted share of $2.68 and free cash flow of $381 million
JACKSONVILLE, Fla. – February 13, 2012 – Lender Processing Services, Inc. (NYSE:LPS), a leading provider of integrated technology and services to the mortgage and real estate industries, today announced financial results for the fourth quarter and full year 2011.
“Today, LPS is a different and improved company. In 2011, we took the right steps to strengthen our core business and improve accountability in our operations by enhancing our management team,” said Hugh Harris, president and chief executive officer of LPS. “LPS has a significant opportunity to leverage our technologies and services and capitalize on our leading market positions, strong client relationships and expertise. Our priorities in 2012 are to continue to deliver outstanding service and technology solutions to our customers, demonstrate our commitment to operational excellence and leverage our strong cash flow to build shareholder value.”
Fiscal Year 2011
| • | | Revenue of $2.1 billion |
| • | | GAAP earnings of $96.5 million or $1.13 per diluted share reflecting a charge of $1.42 per share, including a reserve for legal and regulatory actions and for exiting non-core businesses |
| • | | Adjusted earnings per diluted share of $2.68 excluding the fiscal year charge and reflecting the add back for purchase amortization |
| • | | Adjusted free cash flow of $381.2 million |
Fourth Quarter 2011
| • | | Revenue of $533.8 million |
| • | | GAAP net loss of $21.2 million or $0.25 loss per diluted share reflecting a charge of $0.94 per share, including a reserve for legal and regulatory actions and for exiting non-core businesses |
| • | | Adjusted earnings per diluted share of $0.72 excluding the fourth quarter charge and reflecting the add back for purchase amortization |
| • | | Adjusted free cash flow of $121.5 million |
Expanded Customer Relationships
| • | | Signed 7 new MSP customers and 15 new Desktop technology customers in 2011 |
| • | | 8 of the top 10 mortgage institutions now use MSP and/or Desktop technology |
| • | | Developed technology solutions critical to helping customers with compliance requirements |
“Although 2011 was a very challenging year, we generated solid earnings - adjusted EBITDA margin of 25 percent - and strong free cash flow,” commented Tom Schilling, chief financial officer. “Our Technology, Data and Analytics segment grew revenue and EBITDA for the third consecutive year. We continued to gain market share in our Loan Transaction Services segment, although revenue declined due to lower industry volumes in both mortgage refinance originations and notices of default.”
Fourth quarter results are adjusted for a pretax charge of $131.7 million, or $0.94 per diluted share, including $0.63 per share related to estimated legal and regulatory contingencies, $0.18 per share related to exiting non-core businesses, and $0.21 per share related to other non-recurring charges, partially offset by an $0.08 per share income tax benefit. The non-core businesses that were discontinued in the fourth quarter generated revenue of $51 million and an adjusted operating loss of $18 million in fiscal year 2011.
($ in millions, except EPS)
| | | | | | | | | | | | | | | | | | | | | | | | |
| | Sequential | | | Full Year | |
GAAP | | Q411 | | | Q311 | | | %PQ | | | FY11 | | | FY10 | | | %YOY | |
Revenue | | $ | 545.8 | | | $ | 532.1 | | | | 2.6 | % | | $ | 2,141.5 | | | $ | 2,420.8 | | | | -11.5 | % |
Q4 Discontinued Operations | | | 12.0 | | | | 12.7 | | | | -5.3 | % | | | 51.4 | | | | 44.0 | | | | 16.8 | % |
| | | | | | | | | | | | | | | | | | | | | | | | |
Revenue from Continuing Operations | | | 533.8 | | | | 519.4 | | | | 2.8 | % | | | 2,090.1 | | | | 2,376.9 | | | | -12.1 | % |
| | | | | | | | | | | | | | | | | | | | | | | | |
Operating Income | | | 4.9 | | | | 94.2 | | | | -94.8 | % | | | 290.2 | | | | 580.1 | | | | -50.0 | % |
Net Earnings (Loss) | | | (21.2 | ) | | | 40.5 | | | | nm | | | | 96.5 | | | | 302.3 | | | | -68.1 | % |
EPS Diluted | | $ | (0.25 | ) | | $ | 0.48 | | | | nm | | | $ | 1.13 | | | $ | 3.23 | | | | -65.0 | % |
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Adjusted Results | | Q411 | | | Q311 | | | %PQ | | | FY11 | | | FY10 | | | %YOY | |
Revenue | | $ | 533.8 | | | $ | 519.4 | | | | 2.8 | % | | $ | 2,090.1 | | | $ | 2,376.9 | | | | -12.1 | % |
Operating Income | | | 111.1 | | | | 94.2 | | | | 18.0 | % | | | 425.6 | | | | 594.2 | | | | -28.4 | % |
Adjusted Net Earnings | | | 60.4 | | | | 49.4 | | | | 22.3 | % | | | 228.9 | | | | 326.4 | | | | -29.9 | % |
EPS Diluted | | $ | 0.72 | | | $ | 0.59 | | | | 22.0 | % | | $ | 2.68 | | | $ | 3.50 | | | | -23.4 | % |
Consolidated Fourth Quarter and Full Year Performance
Fourth quarter 2011 revenue was $533.8 million, a decrease of 13.6% compared to the prior year quarter, due to lower origination and default volume in the Loan Transaction Services segment which was partially offset by higher revenue in the Technology, Data and Analytics segment. Sequentially, fourth quarter revenue increased 2.8% as a result of higher origination volumes in the Loan Transaction Services segment and higher revenue in the Technology, Data and Analytics segment. Adjusting for the charges noted earlier, fourth quarter 2011 operating income was $111.1 million, down from $148.8 million in the comparable period in 2010, due to lower revenue in the Loan Transaction Services segment and higher legal and compliance expenses. Adjusted net earnings were $60.4 million, or $0.72 per diluted share.
Full year 2011 revenue was $2.1 billion, down 12.1% from the prior year, due to lower origination and default volume in the Loan Transaction Services segment. Loan Facilitation Services revenue was $539.3 million, a 14.6% decrease from 2010 which compares favorably to the industry decline in total market refinancing volume of 22% as reported by the Mortgage Bankers Association (MBA). Default Services revenue was $816.2 million, a 23.0% decline from the prior year, which compares favorably to the RealtyTrac report of a 30.8% industry-wide decline in default notices as compared to the prior year. Adjusting for the charges recorded during 2011, full year operating income was $425.6 million down from $594.2 million in the comparable period in 2010. Adjusted net earnings were $228.9 million, or $2.68 per diluted share.
Net cash provided by operating activities for full year 2011 increased to $477.9 million from $448.7 million in 2010. Adjusted free cash flow (net cash provided by operating activities minus certain non-recurring expenses and additions to property, equipment and computer software) was $381.2 million compared to $342.0 million in 2010. Fourth quarter adjusted free cash flow of $121.5 million exceeded guidance as a result of higher net earnings and changes in working capital primarily resulting from continued reductions in accounts receivable. Additionally, in the fourth quarter the company reduced debt by $112.3 million to $1.1 billion.
Technology, Data and Analytics Segment
Fourth quarter 2011 revenue was $192.1 million, up 4.7% from the same period in 2010. Mortgage Processing revenue increased 5.8% to $106.1 million primarily due to increased professional services revenue, while Other Technology, Data and Analytics revenue increased 3.5% to $86.0 million as a result of several Desktop implementations completed in 2011. Adjusted operating income increased to $65.5 million from $63.6 million in the fourth quarter 2010 primarily due to higher contributions from Mortgage Processing.
Loan Transaction Services Segment
Fourth quarter 2011 revenue was $343.0 million, down 21.4% from the same period in 2010 as a result of lower transaction volumes. Loan Facilitation Services revenue was $156.4 million, down 15.6% from the fourth quarter 2010, as a result of a decline in refinancing volume year over year. Sequentially, Loan Facilitation Services revenue increased 13.3% as a result of higher refinancing volume. Default Services revenue was $186.6 million, down 25.7% from the prior year quarter and 6.0% sequentially, due to a continued slowdown in the initiation of mortgage foreclosure proceedings industry-wide. Fourth quarter adjusted operating income for the segment was $75.6 million down from $108.7 million in the prior year period, due to lower operating leverage resulting from reduced volumes.
Corporate and Other
Net corporate expenses in the fourth quarter of 2011, excluding the impact of the corporate portion of charges recorded in the fourth quarter totaling $100.4 million, increased to $30.0 million from $23.5 million in the prior year quarter primarily due to higher legal and compliance related expenses.
Outlook
Based on the current environment, the company expects first quarter 2012 revenue to be in the range of $470 million to $490 million and adjusted earnings per diluted share to be in the range of $0.50 to $0.55.
Use of Non-GAAP Financial Information
U.S. 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 “EBITDA” (GAAP operating income plus depreciation and amortization); “EBITDA, as adjusted” (EBITDA adjusted for the impact of certain non-recurring adjustments, if applicable); “EBIT, as adjusted” or “adjusted operating income” (GAAP operating income adjusted for the impact of certain non-recurring adjustments, if applicable); “adjusted net earnings” (GAAP net earnings adjusted for the impact of certain non-recurring adjustments, if applicable, plus the after-tax purchase price amortization of intangible assets added through acquisitions); “adjusted net earnings per diluted share” or “adjusted EPS per diluted share” (adjusted net earnings divided by diluted weighted average shares); and “adjusted free cash flow” (net cash provided by operating activities less additions to property, equipment and computer software, as well as non-recurring adjustments, if applicable). LPS provides these measures because it believes that they are helpful to investors in comparing year-over-year performance in light of certain non-recurring
charges, and to better understand our financial performance, competitive position and future prospects. 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 measures. 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 today, Monday, February 13, 2012, at 5:00 p.m. ET. Interested parties are invited to listen to the live webcast by logging on to the Investor Relations section of the Company’s website atwww.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 February 20, 2012, by dialing 888-203-1112 (access code: 6443271).
To access a printer-friendly version of this release and accompanying exhibits, go toLPS Investor Relations.
About Lender Processing Services
Lender Processing Services, Inc. (LPS) is a leading provider of integrated technology, services and loan performance data and analytics to the mortgage, consumer lending, capital markets and real estate industries. LPS offers solutions that span the mortgage continuum, including lead generation, origination, servicing, workflow automation, portfolio retention and default, augmented by the company’s award-winning customer support and professional services. Almost half of all U.S. mortgages are serviced using LPS’ Mortgage Servicing Package (MSP). 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 impact of adverse changes in the level of real estate activity (including among others, loan originations and foreclosures) on demand for certain of our services; our ability to maintain and grow our relationships with our customers; the effects of our substantial leverage on our ability to make acquisitions and invest in our business; the level of scrutiny being
placed on participants in the foreclosure process; risks associated with federal and state enforcement actions, inquiries and examinations currently underway or that may be commenced in the future with respect to our default management operations, and with civil litigation related to these matters; 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; 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
Condensed Consolidated Statements of Operations
(Unaudited)
| | | | | | | | | | | | | | | | |
| | Three months ended December 31, | | | Year ended December 31, | |
| | 2011 | | | 2010 | | | 2011 | | | 2010 | |
| | (In thousands, except per share data) | |
Revenues | | $ | 533,832 | | | $ | 618,152 | | | $ | 2,090,112 | | | $ | 2,376,861 | |
Cost of revenues | | | 360,200 | | | | 416,961 | | | | 1,418,324 | | | | 1,562,818 | |
| | | | | | | | | | | | | | | | |
Gross profit | | | 173,632 | | | | 201,191 | | | | 671,788 | | | | 814,043 | |
Selling, general and administrative expenses | | | 168,706 | | | | 66,462 | | | | 381,606 | | | | 233,953 | |
| | | | | | | | | | | | | | | | |
Operating income | | | 4,926 | | | | 134,729 | | | | 290,182 | | | | 580,090 | |
Other income (expense): | | | | | | | | | | | | | | | | |
Interest income | | | 387 | | | | 119 | | | | 1,451 | | | | 982 | |
Interest expense | | | (16,622 | ) | | | (16,457 | ) | | | (67,583 | ) | | | (71,277 | ) |
Other income (expense), net | | | (8 | ) | | | 70 | | | | (182 | ) | | | 340 | |
| | | | | | | | | | | | | | | | |
Total other (expense) | | | (16,243 | ) | | | (16,268 | ) | | | (66,314 | ) | | | (69,955 | ) |
| | | | | | | | | | | | | | | | |
Earnings (loss) from continuing operations before income taxes | | | (11,317 | ) | | | 118,461 | | | | 223,868 | | | | 510,135 | |
Provision (benefit) for income taxes | | | (7,133 | ) | | | 44,036 | | | | 81,062 | | | | 193,849 | |
| | | | | | | | | | | | | | | | |
Earnings (loss) from continuing operations | | | (4,184 | ) | | | 74,425 | | | | 142,806 | | | | 316,286 | |
Discontinued operations, net of tax | | | (17,017 | ) | | | (3,701 | ) | | | (46,263 | ) | | | (13,942 | ) |
| | | | | | | | | | | | | | | | |
Net earnings (loss) | | $ | (21,201 | ) | | $ | 70,724 | | | $ | 96,543 | | | $ | 302,344 | |
| | | | | | | | | | | | | | | | |
Net earnings (loss) per share - diluted from continuing operations | | $ | (0.05 | ) | | $ | 0.82 | | | $ | 1.67 | | | $ | 3.38 | |
Net loss per share - diluted from discontinued operations | | | (0.20 | ) | | | (0.04 | ) | | | (0.54 | ) | | | (0.15 | ) |
| | | | | | | | | | | | | | | | |
Net earnings (loss) per share - diluted | | $ | (0.25 | ) | | $ | 0.78 | | | $ | 1.13 | | | $ | 3.23 | |
| | | | | | | | | | | | | | | | |
Weighted average shares outstanding - diluted | | | 84,430 | | | | 90,296 | | | | 85,685 | | | | 93,559 | |
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Exhibit B
LENDER PROCESSING SERVICES, INC. AND SUBSIDIARIES
Condensed Consolidated Balance Sheets
(Unaudited)
| | | | | | | | |
| | December 31, | |
| | 2011 | | | 2010 | |
| | (In thousands) | |
Assets | | | | | | | | |
Current assets: | | | | | | | | |
Cash and cash equivalents | | $ | 77,355 | | | $ | 52,287 | |
Trade receivables, net | | | 345,048 | | | | 419,647 | |
Other receivables | | | 1,423 | | | | 4,910 | |
Prepaid expenses and other current assets | | | 33,004 | | | | 38,328 | |
Deferred income taxes | | | 74,006 | | | | 44,102 | |
| | | | | | | | |
Total current assets | | | 530,836 | | | | 559,274 | |
| | | | | | | | |
| | |
Property and equipment, net | | | 121,245 | | | | 123,897 | |
Computer software, net | | | 228,882 | | | | 217,573 | |
Other intangible assets, net | | | 39,140 | | | | 58,269 | |
Goodwill | | | 1,132,828 | | | | 1,159,539 | |
Other non-current assets | | | 192,484 | | | | 133,291 | |
| | | | | | | | |
Total assets | | $ | 2,245,415 | | | $ | 2,251,843 | |
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| | |
Liabilities and Stockholders’ Equity | | | | | | | | |
Current liabilities: | | | | | | | | |
Current portion of long-term debt | | $ | 39,310 | | | $ | 145,154 | |
Trade accounts payable | | | 43,105 | | | | 51,610 | |
Accrued salaries and benefits | | | 64,383 | | | | 55,230 | |
Recording and transfer tax liabilities | | | 11,901 | | | | 10,879 | |
Other accrued liabilities | | | 235,209 | | | | 145,203 | |
Deferred revenues | | | 64,078 | | | | 57,651 | |
| | | | | | | | |
Total current liabilities | | | 457,986 | | | | 465,727 | |
| | | | | | | | |
| | |
Deferred revenues | | | 34,737 | | | | 36,893 | |
Deferred income taxes, net | | | 122,755 | | | | 96,732 | |
Long-term debt, net of current portion | | | 1,109,850 | | | | 1,104,247 | |
Other non-current liabilities | | | 32,099 | | | | 22,030 | |
| | | | | | | | |
Total liabilities | | | 1,757,427 | | | | 1,725,629 | |
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| | |
Stockholders’ equity: | | | | | | | | |
Preferred stock $0.0001 par value; 50 million shares authorized, none issued at December 31, 2011 and 2010 | | | — | | | | — | |
Common stock $0.0001 par value; 500 million shares authorized, 97.4 million shares issued at December 31, 2011 and 2010 | | | 10 | | | | 10 | |
Additional paid-in capital | | | 250,533 | | | | 216,896 | |
Retained earnings | | | 658,146 | | | | 596,168 | |
Accumulated other comprehensive loss | | | (1,783 | ) | | | (283 | ) |
Treasury stock at cost; 13.0 million and 8.6 million shares at December 31, 2011 and 2010, respectively | | | (418,918 | ) | | | (286,577 | ) |
| | | | | | | | |
Total stockholders’ equity | | | 487,988 | | | | 526,214 | |
| | | | | | | | |
Total liabilities and stockholders’ equity | | $ | 2,245,415 | | | $ | 2,251,843 | |
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Exhibit C
LENDER PROCESSING SERVICES, INC. AND SUBSIDIARIES
Condensed Consolidated Statements of Cash Flows
(Unaudited)
| | | | | | | | |
| | Year ended December 31, | |
| | 2011 | | | 2010 | |
| | (In thousands) | |
Cash flows from operating activities: | | | | | | | | |
Net earnings | | $ | 96,543 | | | $ | 302,344 | |
Adjustments to reconcile net earnings to net cash provided by operating activities: | | | | | | | | |
Depreciation and amortization | | | 98,828 | | | | 98,761 | |
Amortization of debt issuance costs | | | 10,017 | | | | 4,716 | |
Asset impairment charges | | | 71,995 | | | | — | |
Loss on sale of discontinued operations | | | 849 | | | | — | |
Deferred income taxes, net | | | (4,761 | ) | | | 30,417 | |
Stock-based compensation cost | | | 41,709 | | | | 32,077 | |
Income tax effect of equity compensation | | | 873 | | | | (165 | ) |
Changes in assets and liabilities, net of effects of acquisitions: | | | | | | | | |
Trade receivables | | | 72,446 | | | | (17,802 | ) |
Other receivables | | | 3,303 | | | | (1,126 | ) |
Prepaid expenses and other assets | | | (6,274 | ) | | | (22,859 | ) |
Deferred revenues | | | 3,975 | | | | (11,687 | ) |
Accounts payable, accrued liabilities and other liabilities | | | 88,356 | | | | 34,018 | |
| | | | | | | | |
Net cash provided by operating activities | | | 477,859 | | | | 448,694 | |
| | | | | | | | |
Cash flows from investing activities: | | | | | | | | |
Additions to property and equipment | | | (32,768 | ) | | | (40,653 | ) |
Additions to capitalized software | | | (72,111 | ) | | | (67,603 | ) |
Purchases of investments, net of proceeds from sales | | | (21,509 | ) | | | (20,956 | ) |
Acquisition of title plants and property records data | | | (23,967 | ) | | | (4,401 | ) |
Acquisitions, net of cash acquired | | | (9,802 | ) | | | (18,823 | ) |
Proceeds from sale of discontinued operation, net of cash distributed | | | 4,451 | | | | — | |
| | | | | | | | |
Net cash used in investing activities | | | (155,706 | ) | | | (152,436 | ) |
| | | | | | | | |
Cash flows from financing activities: | | | | | | | | |
Borrowings | | | 1,005,000 | | | | — | |
Debt service payments | | | (1,100,242 | ) | | | (40,109 | ) |
Exercise of stock options and restricted stock vesting | | | (2,662 | ) | | | 12,111 | |
Income tax effect of equity compensation | | | (873 | ) | | | 165 | |
Dividends paid | | | (34,446 | ) | | | (37,139 | ) |
Debt issuance costs paid | | | (22,059 | ) | | | — | |
Treasury stock repurchases | | | (136,878 | ) | | | (246,549 | ) |
Bond repurchases | | | (4,925 | ) | | | — | |
Payment of contingent consideration related to acquisitions | | | — | | | | (2,978 | ) |
| | | | | | | | |
Net cash used in financing activities | | | (297,085 | ) | | | (314,499 | ) |
Net increase (decrease) in cash and cash equivalents | | | 25,068 | | | | (18,241 | ) |
Cash and cash equivalents, beginning of year | | | 52,287 | | | | 70,528 | |
| | | | | | | | |
Cash and cash equivalents, end of year | | $ | 77,355 | | | $ | 52,287 | |
| | | | | | | | |
Supplemental disclosures of cash flow information: | | | | | | | | |
Cash paid for interest | | $ | 56,975 | | | $ | 69,005 | |
| | | | | | | | |
Cash paid for taxes | | $ | 56,538 | | | $ | 151,436 | |
| | | | | | | | |
| | |
LENDER PROCESSING SERVICES, INC. AND SUBSIDIARIES | | Exhibit D |
SUPPLEMENTAL FINANCIAL INFORMATION - UNAUDITED | | |
(In thousands) | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | CALENDAR YEAR | | | QUARTER | |
| | | | 2011 | | | 2010 | | | Q4-2011 | | | Q3-2011 | | | Q2-2011 | | | Q1-2011 | | | Q4-2010 | | | Q3-2010 | | | Q2-2010 | | | Q1-2010 | |
1. | | Revenues - Continuing Operations | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Technology, Data and Analytics (TD&A): | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Mortgage Processing | | $ | 417,586 | | | $ | 402,692 | | | $ | 106,123 | | | $ | 106,365 | | | $ | 102,765 | | | $ | 102,333 | | | $ | 100,341 | | | $ | 102,362 | | | $ | 102,356 | | | $ | 97,633 | |
| | Other TD&A | | | 323,106 | | | | 290,572 | | | | 86,007 | | | | 78,247 | | | | 77,937 | | | | 80,915 | | | | 83,118 | | | | 77,561 | | | | 66,246 | | | | 63,647 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Total | | | 740,692 | | | | 693,264 | | | | 192,130 | | | | 184,612 | | | | 180,702 | | | | 183,248 | | | | 183,459 | | | | 179,923 | | | | 168,602 | | | | 161,280 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Loan Transaction Services: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Loan Facilitation Services | | | 539,303 | | | | 631,313 | | | | 156,431 | | | | 138,096 | | | | 110,371 | | | | 134,405 | | | | 185,341 | | | | 162,546 | | | | 137,579 | | | | 145,847 | |
| | Default Services | | | 816,188 | | | | 1,060,113 | | | | 186,563 | | | | 198,525 | | | | 210,100 | | | | 221,000 | | | | 251,245 | | | | 265,454 | | | | 274,743 | | | | 268,671 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Total | | | 1,355,491 | | | | 1,691,426 | | | | 342,994 | | | | 336,621 | | | | 320,471 | | | | 355,405 | | | | 436,586 | | | | 428,000 | | | | 412,322 | | | | 414,518 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Corporate and Other | | | (6,071 | ) | | | (7,829 | ) | | | (1,292 | ) | | | (1,796 | ) | | | (1,513 | ) | | | (1,470 | ) | | | (1,893 | ) | | | (1,939 | ) | | | (1,644 | ) | | | (2,353 | ) |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Total Revenue | | $ | 2,090,112 | | | $ | 2,376,861 | | | $ | 533,832 | | | $ | 519,437 | | | $ | 499,660 | | | $ | 537,183 | | | $ | 618,152 | | | $ | 605,984 | | | $ | 579,280 | | | $ | 573,445 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Revenue Growth from Prior Year Period | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Technology, Data and Analytics: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Mortgage Processing | | | 3.7 | % | | | 3.8 | % | | | 5.8 | % | | | 3.9 | % | | | 0.4 | % | | | 4.8 | % | | | -3.7 | % | | | -0.6 | % | | | 14.3 | % | | | 7.1 | % |
| | Other TD&A | | | 11.2 | % | | | 16.0 | % | | | 3.5 | % | | | 0.9 | % | | | 17.6 | % | | | 27.1 | % | | | 24.7 | % | | | 20.5 | % | | | 1.7 | % | | | 17.2 | % |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Total | | | 6.8 | % | | | 8.6 | % | | | 4.7 | % | | | 2.6 | % | | | 7.2 | % | | | 13.6 | % | | | 7.4 | % | | | 7.5 | % | | | 9.0 | % | | | 10.9 | % |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Loan Transaction Services: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Loan Facilitation Services | | | -14.6 | % | | | 15.8 | % | | | -15.6 | % | | | -15.0 | % | | | -19.8 | % | | | -7.8 | % | | | 30.1 | % | | | 20.9 | % | | | -7.4 | % | | | 22.0 | % |
| | Default Services | | | -23.0 | % | | | -6.8 | % | | | -25.7 | % | | | -25.2 | % | | | -23.5 | % | | | -17.7 | % | | | -9.8 | % | | | -12.6 | % | | | -8.3 | % | | | 5.2 | % |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Total | | | -19.9 | % | | | 0.5 | % | | | -21.4 | % | | | -21.4 | % | | | -22.3 | % | | | -14.3 | % | | | 3.7 | % | | | -2.3 | % | | | -8.0 | % | | | 10.6 | % |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Corporate and Other | | | n/m | | | | n/m | | | | n/m | | | | n/m | | | | n/m | | | | n/m | | | | n/m | | | | n/m | | | | n/m | | | | n/m | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Total Revenue | | | -12.1 | % | | | 3.4 | % | | | -13.6 | % | | | -14.3 | % | | | -13.7 | % | | | -6.3 | % | | | 4.9 | % | | | 1.3 | % | | | -2.8 | % | | | 11.2 | % |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
2. | | Depreciation and Amortization | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Depreciation and Amortization | | $ | 67,332 | | | $ | 59,335 | | | $ | 18,201 | | | $ | 15,276 | | | $ | 17,142 | | | $ | 16,713 | | | $ | 16,883 | | | $ | 15,386 | | | $ | 13,875 | | | $ | 13,191 | |
| | Purchase Price Amortization | | | 16,076 | | | | 22,536 | | | | 3,854 | | | | 3,796 | | | | 3,803 | | | | 4,623 | | | | 5,341 | | | | 5,338 | | | | 5,499 | | | | 6,358 | |
| | Other Amortization | | | 6,968 | | | | 7,208 | | | | 1,876 | | | | 1,750 | | | | 1,682 | | | | 1,660 | | | | 1,676 | | | | 1,653 | | | | 1,958 | | | | 1,921 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Total continuing operations | | | 90,376 | | | | 89,079 | | | | 23,931 | | | | 20,822 | | | | 22,627 | | | | 22,996 | | | | 23,900 | | | | 22,377 | | | | 21,332 | | | | 21,470 | |
| | Depreciation and Amortization - Discontinued Operations | | | 8,452 | | | | 9,682 | | | | 1,144 | | | | 3,496 | | | | 1,940 | | | | 1,872 | | | | 3,047 | | | | 2,143 | | | | 2,308 | | | | 2,184 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Total Depreciation and Amortization | | $ | 98,828 | | | $ | 98,761 | | | $ | 25,075 | | | $ | 24,318 | | | $ | 24,567 | | | $ | 24,868 | | | $ | 26,947 | | | $ | 24,520 | | | $ | 23,640 | | | $ | 23,654 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
3. | | Stock Compensation Expense | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Stock Compensation Expense, Excluding Acceleration Charges | | $ | 31,190 | | | $ | 30,280 | | | $ | 6,880 | | | $ | 9,313 | | | $ | 8,238 | | | $ | 6,759 | | | $ | 8,228 | | | $ | 8,215 | | | $ | 7,280 | | | $ | 6,557 | |
| | Stock Acceleration Expense | | | 10,519 | | | | 1,797 | | | | 6,650 | | | | — | | | | — | | | | 3,869 | | | | 1,797 | | | | — | | | | — | | | | — | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Total Stock Compensation Expense | | $ | 41,709 | | | $ | 32,077 | | | $ | 13,530 | | | $ | 9,313 | | | $ | 8,238 | | | $ | 10,628 | | | $ | 10,025 | | | $ | 8,215 | | | $ | 7,280 | | | $ | 6,557 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | |
LENDER PROCESSING SERVICES, INC. AND SUBSIDIARIES | | Exhibit D - Continued |
SUPPLEMENTAL FINANCIAL INFORMATION - UNAUDITED | | |
(In thousands) | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | CALENDAR YEAR | | | QUARTER | |
| | | | 2011 | | | 2010 | | | Q4-2011 | | | Q3-2011 | | | Q2-2011 | | | Q1-2011 | | | Q4-2010 | | | Q3-2010 | | | Q2-2010 | | | Q1-2010 | |
4. | | Reconciliation of Discontinued Operations | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Discontinued Operations, as previously reported (1) | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Revenue | | $ | 18,770 | | | $ | 35,498 | | | $ | 1,312 | | | $ | 5,702 | | | $ | 6,045 | | | $ | 5,711 | | | $ | 7,012 | | | $ | 9,038 | | | $ | 9,280 | | | $ | 10,168 | |
| | Cost of Revenues | | | 48,487 | | | | 35,420 | | | | 1,336 | | | | 5,684 | | | | 35,362 | | | | 6,105 | | | | 9,261 | | | | 8,288 | | | | 8,294 | | | | 9,577 | |
| | Selling, General and Administrative Expenses | | | 3,067 | | | | 7,027 | | | | 182 | | | | 189 | | | | 1,580 | | | | 1,116 | | | | 1,647 | | | | 1,602 | | | | 1,888 | | | | 1,890 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Operating Loss | | | (32,784 | ) | | | (6,949 | ) | | | (206 | ) | | | (171 | ) | | | (30,897 | ) | | | (1,510 | ) | | | (3,896 | ) | | | (852 | ) | | | (902 | ) | | | (1,299 | ) |
| | Total Other Income (Expense) | | | (539 | ) | | | 301 | | | | 1,548 | | | | (2,195 | ) | | | 43 | | | | 65 | | | | 110 | | | | 95 | | | | 34 | | | | 62 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Income (Loss) Before Income Taxes | | | (33,323 | ) | | | (6,648 | ) | | | 1,342 | | | | (2,366 | ) | | | (30,854 | ) | | | (1,445 | ) | | | (3,786 | ) | | | (757 | ) | | | (868 | ) | | | (1,237 | ) |
| | Benefit for Income Taxes | | | (14,666 | ) | | | (2,524 | ) | | | (661 | ) | | | (887 | ) | | | (12,569 | ) | | | (549 | ) | | | (1,431 | ) | | | (289 | ) | | | (331 | ) | | | (473 | ) |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Net Earnings (Loss) | | $ | (18,657 | ) | | $ | (4,124 | ) | | $ | 2,003 | | | $ | (1,479 | ) | | $ | (18,285 | ) | | $ | (896 | ) | | $ | (2,355 | ) | | $ | (468 | ) | | $ | (537 | ) | | $ | (764 | ) |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Technology, Data and Analytics (2) | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Revenue | | $ | 38,736 | | | $ | 33,877 | | | $ | 9,143 | | | $ | 9,136 | | | $ | 10,172 | | | $ | 10,285 | | | $ | 10,582 | | | $ | 7,955 | | | $ | 7,326 | | | $ | 8,014 | |
| | Cost of Revenues | | | 38,897 | | | | 21,141 | | | | 17,042 | | | | 5,916 | | | | 8,175 | | | | 7,764 | | | | 6,001 | | | | 4,816 | | | | 4,974 | | | | 5,350 | |
| | Selling, General and Administrative Expenses | | | 15,227 | | | | 15,309 | | | | 3,695 | | | | 3,765 | | | | 3,819 | | | | 3,948 | | | | 3,846 | | | | 3,749 | | | | 3,843 | | | | 3,871 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Operating Income (Loss) | | | (15,388 | ) | | | (2,573 | ) | | | (11,594 | ) | | | (545 | ) | | | (1,822 | ) | | | (1,427 | ) | | | 735 | | | | (610 | ) | | | (1,491 | ) | | | (1,207 | ) |
| | Total Other Income (Expense) | | | 104 | | | | 18 | | | | 42 | | | | 34 | | | | 29 | | | | (1 | ) | | | 5 | | | | 4 | | | | 4 | | | | 5 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Income (Loss) Before Income Taxes | | | (15,284 | ) | | | (2,555 | ) | | | (11,552 | ) | | | (511 | ) | | | (1,793 | ) | | | (1,428 | ) | | | 740 | | | | (606 | ) | | | (1,487 | ) | | | (1,202 | ) |
| | Provision (Benefit) for Income Taxes | | | (5,797 | ) | | | (972 | ) | | | (4,398 | ) | | | (192 | ) | | | (665 | ) | | | (542 | ) | | | 290 | | | | (232 | ) | | | (570 | ) | | | (460 | ) |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Net Earnings (Loss) | | $ | (9,487 | ) | | $ | (1,583 | ) | | $ | (7,154 | ) | | $ | (319 | ) | | $ | (1,128 | ) | | $ | (886 | ) | | $ | 450 | | | $ | (374 | ) | | $ | (917 | ) | | $ | (742 | ) |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Loan Transaction Services (2) | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Revenue | | $ | 12,637 | | | $ | 10,099 | | | $ | 2,858 | | | $ | 3,541 | | | $ | 3,219 | | | $ | 3,019 | | | $ | 3,074 | | | $ | 3,063 | | | $ | 3,195 | | | $ | 767 | |
| | Cost of Revenues | | | 40,173 | | | | 22,696 | | | | 21,788 | | | | 6,975 | | | | 5,396 | | | | 6,014 | | | | 5,740 | | | | 6,068 | | | | 6,106 | | | | 4,782 | |
| | Selling, General and Administrative Expenses | | | 1,667 | | | | 1,061 | | | | 247 | | | | 395 | | | | 520 | | | | 505 | | | | 344 | | | | 359 | | | | 281 | | | | 77 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Operating Loss | | | (29,203 | ) | | | (13,658 | ) | | | (19,177 | ) | | | (3,829 | ) | | | (2,697 | ) | | | (3,500 | ) | | | (3,010 | ) | | | (3,364 | ) | | | (3,192 | ) | | | (4,092 | ) |
| | Total Other Income (Expense) | | | 21 | | | | 374 | | | | — | | | | (4 | ) | | | 25 | | | | — | | | | 154 | | | | 24 | | | | — | | | | 196 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Loss Before Income Taxes | | | (29,182 | ) | | | (13,284 | ) | | | (19,177 | ) | | | (3,833 | ) | | | (2,672 | ) | | | (3,500 | ) | | | (2,856 | ) | | | (3,340 | ) | | | (3,192 | ) | | | (3,896 | ) |
| | Benefit for Income Taxes | | | (11,063 | ) | | | (5,049 | ) | | | (7,311 | ) | | | (1,437 | ) | | | (984 | ) | | | (1,331 | ) | | | (1,060 | ) | | | (1,278 | ) | | | (1,221 | ) | | | (1,490 | ) |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Net Loss | | $ | (18,119 | ) | | $ | (8,235 | ) | | $ | (11,866 | ) | | $ | (2,396 | ) | | $ | (1,688 | ) | | $ | (2,169 | ) | | $ | (1,796 | ) | | $ | (2,062 | ) | | $ | (1,971 | ) | | $ | (2,406 | ) |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Discontinued Operations, as adjusted | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Revenue | | $ | 70,143 | | | $ | 79,474 | | | $ | 13,313 | | | $ | 18,379 | | | $ | 19,436 | | | $ | 19,015 | | | $ | 20,668 | | | $ | 20,056 | | | $ | 19,801 | | | $ | 18,949 | |
| | Cost of Revenues | | | 127,557 | | | | 79,257 | | | | 40,166 | | | | 18,575 | | | | 48,933 | | | | 19,883 | | | | 21,002 | | | | 19,172 | | | | 19,374 | | | | 19,709 | |
| | Selling, General and Administrative Expenses | | | 19,961 | | | | 23,397 | | | | 4,124 | | | | 4,349 | | | | 5,919 | | | | 5,569 | | | | 5,837 | | | | 5,710 | | | | 6,012 | | | | 5,838 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Operating Loss | | | (77,375 | ) | | | (23,180 | ) | | | (30,977 | ) | | | (4,545 | ) | | | (35,416 | ) | | | (6,437 | ) | | | (6,171 | ) | | | (4,826 | ) | | | (5,585 | ) | | | (6,598 | ) |
| | Total Other Income (Expense) | | | (414 | ) | | | 693 | | | | 1,590 | | | | (2,165 | ) | | | 97 | | | | 64 | | | | 269 | | | | 123 | | | | 38 | | | | 263 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Loss Before Income Taxes | | | (77,789 | ) | | | (22,487 | ) | | | (29,387 | ) | | | (6,710 | ) | | | (35,319 | ) | | | (6,373 | ) | | | (5,902 | ) | | | (4,703 | ) | | | (5,547 | ) | | | (6,335 | ) |
| | Benefit for Income Taxes | | | (31,526 | ) | | | (8,545 | ) | | | (12,370 | ) | | | (2,516 | ) | | | (14,218 | ) | | | (2,422 | ) | | | (2,201 | ) | | | (1,799 | ) | | | (2,122 | ) | | | (2,423 | ) |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Net Loss | | $ | (46,263 | ) | | $ | (13,942 | ) | | $ | (17,017 | ) | | $ | (4,194 | ) | | $ | (21,101 | ) | | $ | (3,951 | ) | | $ | (3,701 | ) | | $ | (2,904 | ) | | $ | (3,425 | ) | | $ | (3,912 | ) |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Discontinued Operations - Reconciliation | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | |
| | Net Loss, as reported | | $ | (46,263 | ) | | $ | (13,942 | ) | | $ | (17,017 | ) | | $ | (4,194 | ) | | $ | (21,101 | ) | | $ | (3,951 | ) | | $ | (3,701 | ) | | $ | (2,904 | ) | | $ | (3,425 | ) | | $ | (3,912 | ) |
| | | | | | | | | | | |
| | Adjustments: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Impairment and Restructuring Charges, net (3) | | | 34,251 | | | | — | | | | 16,454 | | | | — | | | | 17,759 | | | | 38 | | | | — | | | | — | | | | — | | | | — | |
| | (Gain)/Loss on Disposal of Operations, net (4) | | | 558 | | | | — | | | | (928 | ) | | | 1,486 | | | | — | | | | — | | | | — | | | | — | | | | — | | | | — | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Net Loss, as adjusted | | | (11,454 | ) | | | (13,942 | ) | | | (1,491 | ) | | | (2,708 | ) | | | (3,342 | ) | | | (3,913 | ) | | | (3,701 | ) | | | (2,904 | ) | | | (3,425 | ) | | | (3,912 | ) |
| | Purchase Price Amortization, net | | | 857 | | | | 1,397 | | | | 201 | | | | 122 | | | | 272 | | | | 262 | | | | 707 | | | | 230 | | | | 238 | | | | 222 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Adjusted Net Loss | | $ | (10,597 | ) | | $ | (12,545 | ) | | $ | (1,290 | ) | | $ | (2,586 | ) | | $ | (3,070 | ) | | $ | (3,651 | ) | | $ | (2,994 | ) | | $ | (2,674 | ) | | $ | (3,187 | ) | | $ | (3,690 | ) |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Adjusted Net Loss Per Diluted Share | | $ | (0.13 | ) | | $ | (0.13 | ) | | $ | (0.02 | ) | | $ | (0.03 | ) | | $ | (0.04 | ) | | $ | (0.04 | ) | | $ | (0.03 | ) | | $ | (0.03 | ) | | $ | (0.03 | ) | | $ | (0.04 | ) |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Diluted Weighted Average Shares | | | 85,685 | | | | 93,559 | | | | 84,430 | | | | 84,415 | | | | 85,812 | | | | 88,134 | | | | 90,296 | | | | 92,682 | | | | 94,910 | | | | 96,416 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Notes:
(1) | Represents the quarterly results of business units that were reflected as discontinued operations as of September 30, 2011. |
(2) | During the fourth quarter of 2011, we discontinued certain operations that were previously included within the Technology, Data & Analytics and Loan Transaction Services segments. The historical results for these operations have been reclassified from continuing operations to discontinued operations, as summarize above. |
(3) | Includes charges totaling $57.0 million ($34.3 million net of tax) relating to severance accruals and the write-down of net assets for businesses that have been classified as discontinued operations. |
(4) | Reflects the (gain) or loss, net of tax, included in “Total Other Income (Expense)” above, recognized upon the disposition of business units that have been sold or disposed of. |
| | |
LENDER PROCESSING SERVICES, INC. AND SUBSIDIARIES | | Exhibit E |
NON-GAAP FINANCIAL INFORMATION - UNAUDITED | | |
(In thousands, except per share data) | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | CALENDAR YEAR | | | QUARTER | |
| | | | 2011 | | | 2010 | | | Q4-2011 | | | Q3-2011 | | | Q2-2011 | | | Q1-2011 | | | Q4-2010 | | | Q3-2010 | | | Q2-2010 | | | Q1-2010 | |
1. | | Operating Results - Continuing Operations | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Consolidated | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Revenue | | $ | 2,090,112 | | | $ | 2,376,861 | | | $ | 533,832 | | | $ | 519,437 | | | $ | 499,660 | | | $ | 537,183 | | | $ | 618,152 | | | $ | 605,984 | | | $ | 579,280 | | | $ | 573,445 | |
| | Cost of Revenues | | | 1,418,324 | | | | 1,562,818 | | | | 360,200 | | | | 357,397 | | | | 350,000 | | | | 350,727 | | | | 416,961 | | | | 398,071 | | | | 371,473 | | | | 376,313 | |
| | Selling, General and Administrative Expenses | | | 381,606 | | | | 233,953 | | | | 168,706 | | | | 67,848 | | | | 68,994 | | | | 76,058 | | | | 66,462 | | | | 58,806 | | | | 53,803 | | | | 54,882 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Operating Income | | | 290,182 | | | | 580,090 | | | | 4,926 | | | | 94,192 | | | | 80,666 | | | | 110,398 | | | | 134,729 | | | | 149,107 | | | | 154,004 | | | | 142,250 | |
| | Adjustments: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Legal and Regulatory Accrual (1) | | | 78,484 | | | | — | | | | 78,484 | | | | — | | | | — | | | | — | | | | — | | | | — | | | | — | | | | — | |
| | Restructuring Charges (2) | | | 33,403 | | | | 4,269 | | | | 12,132 | | | | — | | | | 5,977 | | | | 15,294 | | | | 4,269 | | | | — | | | | — | | | | — | |
| | Asset Impairment and Other Charges | | | 23,509 | | | | — | | | | 15,582 | | | | — | | | | 3,910 | | | | 4,017 | | | | — | | | | — | | | | — | | | | — | |
| | Out-of-period Adjustment (3) | | | — | | | | 9,800 | | | | — | | | | — | | | | — | | | | — | | | | 9,800 | | | | — | | | | — | | | | — | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | EBIT, as adjusted | | $ | 425,578 | | | $ | 594,159 | | | $ | 111,124 | | | $ | 94,192 | | | $ | 90,553 | | | $ | 129,709 | | | $ | 148,798 | | | $ | 149,107 | | | $ | 154,004 | | | $ | 142,250 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | EBIT Margin, as adjusted | | | 20.4 | % | | | 25.0 | % | | | 20.8 | % | | | 18.1 | % | | | 18.1 | % | | | 24.1 | % | | | 24.1 | % | | | 24.6 | % | | | 26.6 | % | | | 24.8 | % |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Depreciation and Amortization | | | 90,376 | | | | 89,079 | | | | 23,931 | | | | 20,822 | | | | 22,627 | | | | 22,996 | | | | 23,900 | | | | 22,377 | | | | 21,332 | | | | 21,470 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | EBITDA, as adjusted | | $ | 515,954 | | | $ | 683,238 | | | $ | 135,055 | | | $ | 115,014 | | | $ | 113,180 | | | $ | 152,705 | | | $ | 172,698 | | | $ | 171,484 | | | $ | 175,336 | | | $ | 163,720 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | EBITDA Margin, as adjusted | | | 24.7 | % | | | 28.7 | % | | | 25.3 | % | | | 22.1 | % | | | 22.7 | % | | | 28.4 | % | | | 27.9 | % | | | 28.3 | % | | | 30.3 | % | | | 28.6 | % |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Technology, Data and Analytics | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Revenue | | $ | 740,692 | | | $ | 693,264 | | | $ | 192,130 | | | $ | 184,612 | | | $ | 180,702 | | | $ | 183,248 | | | $ | 183,459 | | | $ | 179,923 | | | $ | 168,602 | | | $ | 161,280 | |
| | Cost of Revenues | | | 437,088 | | | | 378,576 | | | | 112,806 | | | | 105,803 | | | | 110,689 | | | | 107,790 | | | | 105,343 | | | | 95,316 | | | | 87,049 | | | | 90,868 | |
| | Selling, General and Administrative Expenses | | | 67,752 | | | | 58,699 | | | | 19,869 | | | | 15,661 | | | | 15,387 | | | | 16,835 | | | | 14,555 | | | | 15,757 | | | | 14,336 | | | | 14,051 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Operating Income | | | 235,852 | | | | 255,989 | | | | 59,455 | | | | 63,148 | | | | 54,626 | | | | 58,623 | | | | 63,561 | | | | 68,850 | | | | 67,217 | | | | 56,361 | |
| | Adjustments: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Restructuring Charges (2) | | | 8,394 | | | | — | | | | 1,519 | | | | — | | | | 4,641 | | | | 2,234 | | | | — | | | | — | | | | — | | | | — | |
| | Asset Impairment and Other Charges | | | 4,855 | | | | — | | | | 4,515 | | | | — | | | | 340 | | | | — | | | | — | | | | — | | | | — | | | | — | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | EBIT, as adjusted | | $ | 249,101 | | | $ | 255,989 | | | $ | 65,489 | | | $ | 63,148 | | | $ | 59,607 | | | $ | 60,857 | | | $ | 63,561 | | | $ | 68,850 | | | $ | 67,217 | | | $ | 56,361 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | EBIT Margin, as adjusted | | | 33.6 | % | | | 36.9 | % | | | 34.1 | % | | | 34.2 | % | | | 33.0 | % | | | 33.2 | % | | | 34.6 | % | | | 38.3 | % | | | 39.9 | % | | | 34.9 | % |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Depreciation and Amortization | | | 67,942 | | | | 59,901 | | | | 17,649 | | | | 17,125 | | | | 16,382 | | | | 16,786 | | | | 16,066 | | | | 14,896 | | | | 14,257 | | | | 14,682 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | EBITDA, as adjusted | | $ | 317,043 | | | $ | 315,890 | | | $ | 83,138 | | | $ | 80,273 | | | $ | 75,989 | | | $ | 77,643 | | | $ | 79,627 | | | $ | 83,746 | | | $ | 81,474 | | | $ | 71,043 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | EBITDA Margin, as adjusted | | | 42.8 | % | | | 45.6 | % | | | 43.3 | % | | | 43.5 | % | | | 42.1 | % | | | 42.4 | % | | | 43.4 | % | | | 46.5 | % | | | 48.3 | % | | | 44.0 | % |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Loan Transaction Services | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Revenue | | $ | 1,355,491 | | | $ | 1,691,426 | | | $ | 342,994 | | | $ | 336,621 | | | $ | 320,471 | | | $ | 355,405 | | | $ | 436,586 | | | $ | 428,000 | | | $ | 412,322 | | | $ | 414,518 | |
| | Cost of Revenues | | | 987,089 | | | | 1,190,086 | | | | 248,618 | | | | 253,322 | | | | 240,797 | | | | 244,352 | | | | 311,545 | | | | 304,713 | | | | 286,001 | | | | 287,827 | |
| | Selling, General and Administrative Expenses | | | 78,482 | | | | 94,595 | | | | 18,506 | | | | 18,251 | | | | 19,689 | | | | 22,036 | | | | 26,098 | | | | 23,202 | | | | 21,516 | | | | 23,779 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Operating Income | | | 289,920 | | | | 406,745 | | | | 75,870 | | | | 65,048 | | | | 59,985 | | | | 89,017 | | | | 98,943 | | | | 100,085 | | | | 104,805 | | | | 102,912 | |
| | Adjustments: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Restructuring Charges (2) | | | 3,757 | | | | — | | | | (259 | ) | | | — | | | | 1,074 | | | | 2,942 | | | | — | | | | — | | | | — | | | | — | |
| | Asset Impairment and Other Charges | | | 1,604 | | | | — | | | | — | | | | — | | | | 1,604 | | | | — | | | | — | | | | — | | | | — | | | | — | |
| | Out-of-period Adjustment (3) | | | — | | | | 9,800 | | | | — | | | | — | | | | — | | | | — | | | | 9,800 | | | | — | | | | — | | | | — | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | EBIT, as adjusted | | $ | 295,281 | | | $ | 416,545 | | | $ | 75,611 | | | $ | 65,048 | | | $ | 62,663 | | | $ | 91,959 | | | $ | 108,743 | | | $ | 100,085 | | | $ | 104,805 | | | $ | 102,912 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | EBIT Margin, as adjusted | | | 21.8 | % | | | 24.6 | % | | | 22.0 | % | | | 19.3 | % | | | 19.6 | % | | | 25.9 | % | | | 24.9 | % | | | 23.4 | % | | | 25.4 | % | | | 24.8 | % |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Depreciation and Amortization | | | 15,432 | | | | 21,753 | | | | 4,575 | | | | 2,033 | | | | 4,429 | | | | 4,395 | | | | 6,019 | | | | 5,645 | | | | 5,231 | | | | 4,858 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | EBITDA, as adjusted | | $ | 310,713 | | | $ | 438,298 | | | $ | 80,186 | | | $ | 67,081 | | | $ | 67,092 | | | $ | 96,354 | | | $ | 114,762 | | | $ | 105,730 | | | $ | 110,036 | | | $ | 107,770 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | EBITDA Margin, as adjusted | | | 22.9 | % | | | 25.9 | % | | | 23.4 | % | | | 19.9 | % | | | 20.9 | % | | | 27.1 | % | | | 26.3 | % | | | 24.7 | % | | | 26.7 | % | | | 26.0 | % |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Corporate and Other | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Revenue | | $ | (6,071 | ) | | $ | (7,829 | ) | | $ | (1,292 | ) | | $ | (1,796 | ) | | $ | (1,513 | ) | | $ | (1,470 | ) | | $ | (1,893 | ) | | $ | (1,939 | ) | | $ | (1,644 | ) | | $ | (2,353 | ) |
| | Cost of Revenues | | | (5,853 | ) | | | (5,844 | ) | | | (1,224 | ) | | | (1,728 | ) | | | (1,486 | ) | | | (1,415 | ) | | | 73 | | | | (1,958 | ) | | | (1,577 | ) | | | (2,382 | ) |
| | Selling, General and Administrative Expenses | | | 235,372 | | | | 80,659 | | | | 130,331 | | | | 33,936 | | | | 33,918 | | | | 37,187 | | | | 25,809 | | | | 19,847 | | | | 17,951 | | | | 17,052 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Operating Loss | | | (235,590 | ) | | | (82,644 | ) | | | (130,399 | ) | | | (34,004 | ) | | | (33,945 | ) | | | (37,242 | ) | | | (27,775 | ) | | | (19,828 | ) | | | (18,018 | ) | | | (17,023 | ) |
| | Adjustments: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Legal and Regulatory Accrual (1) | | | 78,484 | | | | — | | | | 78,484 | | | | — | | | | — | | | | — | | | | — | | | | — | | | | — | | | | — | |
| | Restructuring Charges (2) | | | 21,252 | | | | 4,269 | | | | 10,872 | | | | — | | | | 262 | | | | 10,118 | | | | 4,269 | | | | — | | | | — | | | | — | |
| | Asset Impairment and Other Charges | | | 17,050 | | | | — | | | | 11,067 | | | | — | | | | 1,966 | | | | 4,017 | | | | — | | | | — | | | | — | | | | — | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | EBIT, as adjusted | | $ | (118,804 | ) | | $ | (78,375 | ) | | $ | (29,976 | ) | | $ | (34,004 | ) | | $ | (31,717 | ) | | $ | (23,107 | ) | | $ | (23,506 | ) | | $ | (19,828 | ) | | $ | (18,018 | ) | | $ | (17,023 | ) |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Depreciation and Amortization | | | 7,002 | | | | 7,425 | | | | 1,707 | | | | 1,664 | | | | 1,816 | | | | 1,815 | | | | 1,815 | | | | 1,836 | | | | 1,844 | | | | 1,930 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | EBITDA, as adjusted | | $ | (111,802 | ) | | $ | (70,950 | ) | | $ | (28,269 | ) | | $ | (32,340 | ) | | $ | (29,901 | ) | | $ | (21,292 | ) | | $ | (21,691 | ) | | $ | (17,992 | ) | | $ | (16,174 | ) | | $ | (15,093 | ) |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | |
LENDER PROCESSING SERVICES, INC. AND SUBSIDIARIES | | Exhibit E - Continued |
NON-GAAP FINANCIAL INFORMATION - UNAUDITED | | |
(In thousands, except per share data) | | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | | CALENDAR YEAR | | | QUARTER | |
| | | | 2011 | | | 2010 | | | Q4-2011 | | | Q3-2011 | | | Q2-2011 | | | Q1-2011 | | | Q4-2010 | | | Q3-2010 | | | Q2-2010 | | | Q1-2010 | |
2. | | Net Earnings - Reconciliation | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Net Earnings (Loss) | | $ | 96,543 | | | $ | 302,344 | | | $ | (21,201 | ) | | $ | 40,450 | | | $ | 21,365 | | | $ | 55,929 | | | $ | 70,724 | | | $ | 78,691 | | | $ | 80,413 | | | $ | 72,516 | |
| | Adjustments - Continuing Operations: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Legal and Regulatory, net (1) | | | 53,086 | | | | — | | | | 53,086 | | | | — | | | | — | | | | — | | | | — | | | | — | | | | — | | | | — | |
| | Restructuring Charges, net (2) | | | 20,601 | | | | 2,647 | | | | 7,364 | | | | — | | | | 3,754 | | | | 9,483 | | | | 2,647 | | | | — | | | | — | | | | — | |
| | Asset Impairment and Other Charges, net | | | 14,398 | | | | — | | | | 9,458 | | | | — | | | | 2,450 | | | | 2,490 | | | | — | | | | — | | | | — | | | | — | |
| | Out-of-period Adjustment, net (3) | | | — | | | | 6,076 | | | | — | | | | — | | | | — | | | | — | | | | 6,076 | | | | — | | | | — | | | | — | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Total EBIT Adjustments to Continuing Operations | | | 88,085 | | | | 8,723 | | | | 69,908 | | | | — | | | | 6,204 | | | | 11,973 | | | | 8,723 | | | | — | | | | — | | | | — | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Adjustments - Discontinued Operations: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Impairment and Restructuring Charges, net | | | 34,251 | | | | — | | | | 16,454 | | | | — | | | | 17,759 | | | | 38 | | | | — | | | | — | | | | — | | | | — | |
| | (Gain)/Loss on Disposal of Operations, net | | | 558 | | | | — | | | | (928 | ) | | | 1,486 | | | | — | | | | — | | | | — | | | | —�� | | | | — | | | | — | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Total Adjustments to Discontinued Operations | | | 34,809 | | | | — | | | | 15,526 | | | | 1,486 | | | | 17,759 | | | | 38 | | | | — | | | | — | | | | — | | | | — | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Adjustments - Non-operating: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Write-off of Debt Issuance Costs, net (4) | | | 4,978 | | | | — | | | | — | | | | 4,978 | | | | — | | | | — | | | | — | | | | — | | | | — | | | | — | |
| | Prior Year Tax Benefit | | | (6,458 | ) | | | — | | | | (6,458 | ) | | | — | | | | — | | | | — | | | | — | | | | — | | | | — | | | | — | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Total Non-operating Adjustments | | | (1,480 | ) | | | — | | | | (6,458 | ) | | | 4,978 | | | | — | | | | — | | | | — | | | | — | | | | — | | | | — | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Net Earnings, as adjusted | | | 217,957 | | | | 311,067 | | | | 57,775 | | | | 46,914 | | | | 45,328 | | | | 67,940 | | | | 79,447 | | | | 78,691 | | | | 80,413 | | | | 72,516 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Purchase Price Amortization, net(5) | | | 10,952 | | | | 15,366 | | | | 2,655 | | | | 2,495 | | | | 2,674 | | | | 3,128 | | | | 4,059 | | | | 3,526 | | | | 3,633 | | | | 4,148 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Adjusted Net Earnings | | $ | 228,909 | | | $ | 326,433 | | | $ | 60,430 | | | $ | 49,409 | | | $ | 48,002 | | | $ | 71,068 | | | $ | 83,506 | | | $ | 82,217 | | | $ | 84,046 | | | $ | 76,664 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Adjusted Net Earnings Per Diluted Share | | $ | 2.68 | | | $ | 3.50 | | | $ | 0.72 | | | $ | 0.59 | | | $ | 0.56 | | | $ | 0.81 | | | $ | 0.92 | | | $ | 0.89 | | | $ | 0.89 | | | $ | 0.80 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Diluted Weighted Average Shares | | | 85,685 | | | | 93,559 | | | | 84,430 | | | | 84,415 | | | | 85,812 | | | | 88,134 | | | | 90,296 | | | | 92,682 | | | | 94,910 | | | | 96,416 | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
3. | | Cash Flow - Reconciliation | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Cash Flows from Operating Activities: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Net Earnings (Loss) | | $ | 96,543 | | | $ | 302,344 | | | $ | (21,201 | ) | | $ | 40,450 | | | $ | 21,365 | | | $ | 55,929 | | | $ | 70,724 | | | $ | 78,691 | | | $ | 80,413 | | | $ | 72,516 | |
| | Adjustments: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Cash Related Restructuring Costs, net | | | 8,177 | | | | 1,533 | | | | (3,302 | ) | | | 2,107 | | | | 5,220 | | | | 4,152 | | | | 1,533 | | | | — | | | | — | | | | — | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Net Earnings (Loss), as adjusted | | | 104,720 | | | | 303,877 | | | | (24,503 | ) | | | 42,557 | | | | 26,585 | | | | 60,081 | | | | 72,257 | | | | 78,691 | | | | 80,413 | | | | 72,516 | |
| | Adjustments to reconcile net earnings (loss) to net cash provided by operating activities: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Non-cash adjustments | | | 219,510 | | | | 165,806 | | | | 62,763 | | | | 50,508 | | | | 61,260 | | | | 44,979 | | | | 51,625 | | | | 41,548 | | | | 34,591 | | | | 38,042 | |
| | Working capital adjustments | | | 161,806 | | | | (19,456 | ) | | | 106,696 | | | | 11,756 | | | | 23,822 | | | | 19,532 | | | | 34,628 | | | | (35,191 | ) | | | (17,375 | ) | | | (1,518 | ) |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | Net cash provided by operating activities | | | 486,036 | | | | 450,227 | | | | 144,956 | | | | 104,821 | | | | 111,667 | | | | 124,592 | | | | 158,510 | | | | 85,048 | | | | 97,629 | | | | 109,040 | |
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| | Capital expenditures included in investing activities | | | (104,879 | ) | | | (108,256 | ) | | | (23,408 | ) | | | (28,243 | ) | | | (29,907 | ) | | | (23,321 | ) | | | (24,150 | ) | | | (26,940 | ) | | | (29,122 | ) | | | (28,044 | ) |
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| | Adjusted Net Free Cash Flow | | $ | 381,157 | | | $ | 341,971 | | | $ | 121,548 | | | $ | 76,578 | | | $ | 81,760 | | | $ | 101,271 | | | $ | 134,360 | | | $ | 58,108 | | | $ | 68,507 | | | $ | 80,996 | |
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Notes:
(1) | During 2011, we recognized a pre-tax legal and regulatory contingency accrual of $78.5 million ($53.1 million after tax) for estimated settlement and third-party legal expenses related to various ongoing legal and regulatory matters. |
(2) | Restructuring charges reflect the impact of the departure of certain executives including our former chief executive officer, co-chief operating officer and chief financial officer, as well as the impact of various restructuring programs. In connection with these initiatives, during 2011 and 2010, we recorded pre-tax restructuring charges totaling $22.9 million and $2.5 million ($14.2 million and $1.5 million net of tax), respectively, and equity acceleration charges of $10.5 million and $1.8 million ($6.4 million and $1.1 million net of tax), respectively. |
(3) | During 2010, we recorded an immaterial error correction within cost of revenues totaling $9.8 million related to fiscal years 2007 and 2008. |
(4) | During 2011, we recorded a charge totaling $8.0 million ($5.0 million net of tax) related to the write-off of certain debt issuance costs in connection with the refinancing of our senior credit facilities. |
(5) | Purchase price amortization, net represents the periodic amortization of intangible assets acquired through business acquisitions primarily relating to customer lists, trademarks and non-compete agreements. |