EXHIBIT 99.1
Marta Araujo
Eaco Corporation
(714) 876-2490 May 16, 2008
EACO CORPORATION ANNOUNCES SETTLEMENT AND REPORTS CORRECTED FIRST QUARTER RESULTS
ANAHEIM, CALIFORNIA - Eaco Corporation (OTCBB:EACO), today announced the settlement between the Company and Horn Capital Realty, with regards to litigation arising from the Company’s sale of substantially all of its restaurant assets (the “Asset Sale”) in June 2005.
In August 2005, the Company was sued in Miami-Dade County Circuit Court by a broker who claimed that a commission was payable to him in connection with the asset sale. On May 9, 2008, the Company, Horn Capital Realty and Jonathan Horn, individually and as President of Horn Capital Realty, entered into a written settlement agreement whereby the Company, without admitting liability, agreed to pay Horn Capital Realty the amount of $550,000 and Horn Capital Realty agreed to dismiss the lawsuit. Also under the settlement agreement, all parties mutually released each other with respect to claims arising out of or relating to the lawsuit.
The settlement agreement will be reported in the results of the Company for the quarter ended April 2, 2008 to be filed with the U.S. Securities and Exchange Commission on or around May 19, 2008. As a result, the Company’s previously reported earnings have been revised to reflect an increase in the loss from discontinued operations. Following are the revised earnings for the quarter ended April 2, 2008:
EACO CORPORATION
Unaudited Consolidated Statements of Operations
| | For the Quarters Ended | |
| | Apr 2, | | Mar 28, | |
| | 2008 | | 2007 | |
Revenues: | | | | | |
Rental revenue | | $ | 299,000 | | $ | 234,200 | |
Total revenues | | | 299,000 | | | 234,200 | |
| | | | | | | |
Costs and expenses: | | | | | | | |
Depreciation and amortization | | | 203,100 | | | 89,300 | |
General and administrative expenses | | | 499,900 | | | 344,700 | |
Loss on disposal of assets | | | — | | | 226,100 | |
Total costs and expenses | | | 703,000 | | | 660,100 | |
Loss from operations | | | (404,000 | ) | | (425,900 | ) |
| | | | | | | |
Investment gain (loss) | | | 95,700 | | | (104,700 | ) |
Interest and other income | | | 62,800 | | | 29,500 | |
Interest expense | | | (216,600 | ) | | (125,800 | ) |
Loss from continuing operations | | | (462,100 | ) | | (626,900 | ) |
| | | | | | | |
Discontinued operations: | | | | | | | |
Loss from discontinued operations, net of income tax | | | (596,200 | ) | | — | |
| | | | | |
Net loss | | (1,058,300) | | (626,900) | |
| | | | | |
Undeclared cumulative preferred stock dividend | | — | | (19,100) | |
Net loss attributable to common shareholders | | $ | (1,058,300 | ) | $ | (646,000 | ) |
Basic and diluted loss per share continuing operations | | $ | | ) | $ | (0.17 | ) |
Discontinued operations | | | (0.15 | ) | | (0.00 | ) |
| | | | | | | |
Net loss | | $ | | ) | $ | (0.17 | ) |
| | | | | | | |
Basic and diluted weighted average common shares outstanding | | | 3,910,264 | | | 3,906,800 | |
EACO CORPORATION
Unaudited Consolidated Balance Sheets
| | Apr 2, | | Jan 2, | |
| | 2008 | | 2008 | |
ASSETS | | | | | |
Current assets: | | | | | |
Cash and cash equivalents | | $ | 241,000 | | $ | 1,030,600 | |
Restricted cash- short-term | | | — | | | 1,186,500 | |
Receivables | | | 46,400 | | | 6,500 | |
Prepaid and other current assets | | | 175,200 | | | 145,500 | |
| | | | | | | |
Total current assets | | | 462,600 | | | 2,369,100 | |
| | | | | | | |
Investments, trading | | | — | | | 290,700 | |
Certificate of deposit | | | 1,154,500 | | | 1,148,500 | |
| | | | | | | |
Property and equipment: | | | | | | | |
Land | | | 5,682,800 | | | 5,682,800 | |
Building and improvements | | | 7,896,600 | | | 7,896,600 | |
Equipment | | | 2,398,900 | | | 2,398,900 | |
| | | | | | | |
| | | 15,978,300 | | | 15,978,300 | |
Accumulated depreciation | | | (2,851,400 | ) | | (2,672,700 | ) |
| | | | | | | |
Net property and equipment | | | 13,126,900 | | | 13,305,600 | |
| | | | | | | |
Other assets, principally deferred charges, net of accumulated amortization | | | 891,100 | | | 884,400 | |
| | $ | 15,635,100 | | $ | 17,998,300 | |
LIABILITIES AND SHAREHOLDERS’ EQUITY | | | | | | | |
Current liabilities: | | | | | | | |
Accounts payable | | $ | 287,600 | | $ | 341,200 | |
Securities sold, not yet purchased | | | — | | | 786,500 | |
Accrued liabilities | | | 668,700 | | | 2,425,600 | |
Due to related parties | | | 1,423,500 | | | — | |
Current portion of workers compensation benefit liability | | | 265,600 | | | 132,100 | |
Current portion of long-term debt | | | 193,500 | | | 173,500 | |
Current portion of obligation under capital lease | | | 2,400 | | | 700 | |
Current portion of accrued loss on sublease contract | | | 85,700 | | | 81,100 | |
Total current liabilities | | | 2,927,000 | | | 3,940,700 | |
| | | | | | | |
Deferred rent | | | 96,000 | | | 120,000 | |
Deposit liability | | | 165,900 | | | 156,900 | |
Workers compensation benefit liability | | | 3,478,700 | | | 3,669,900 | |
Long-term debt | | | 6,407,600 | | | 6,473,100 | |
Obligations under capital lease | | | 2,876,000 | | | 2,877,900 | |
Accrued loss on sublease contract | | | 622,100 | | | 639,800 | |
| | | | | | | |
Total liabilities | | | 16,573,300 | | | 17,878,300 | |
| | | | | | | |
Stockholders’ equity: | | | | | | | |
Preferred stock of $.01 par; authorized 10,000,000 shares; outstanding 36,000 shares at April 2, 2008 and January 2, 2008 (liquidation value $900,000) | | | 400 | | | 400 | |
Common stock of $.01 par; authorized 8,000,000 shares; outstanding 3,910,264 shares at April 2, 2008 and January 2, 2008 | | | 39,000 | | | 39,000 | |
Additional paid-in capital | | | 10,932,600 | | | 10,932,300 | |
Accumulated deficit | | | (11,910,200 | ) | | (10,851,700 | ) |
Total shareholders’ equity | | | (938,200 | ) | | 120,000 | |
| | $ | 15,635,100 | | $ | 17,998,300 | |
Any statements that are not based on historical fact are forward-looking statements. Although such statements are based on management’s current estimates and expectations, and currently available competitive, financial, and economic data, forward-looking statements are inherently uncertain. We, therefore, caution the reader that there are a variety of factors that could cause business conditions and results to differ materially from what is contained in our forward-looking statements. For a description of some of the factors which may occur that could cause actual results to differ from our forward-looking statements please refer to our 2007 Form 10-K.