Banks.com, Inc. (NYSE Amex: BNX),
operator of leading financial services focused online media properties,
today announced its results for the first quarter of 2009.
Financial Highlights
For the first quarter of 2009, Banks.com, Inc. (the “Company”,
“Banks.com”) reported revenue of $2.9 million compared to revenue of
$5.0 million reported for the first quarter of 2008. GAAP1
net income was $81 thousand or $0.00 per diluted share versus a GAAP net
loss of $367 thousand or $0.01 per diluted share for the first quarter
of 2008. Adjusted EBITDA2 was $961 thousand for the first
quarter of 2009, compared to Adjusted EBITDA of $278 thousand for the
first quarter of 2008.
“We believe that overall trends in our business have stabilized and we
are pleased with our results for the first quarter and for the important
tax season,” said Dan O’Donnell, Chief Executive Officer of Banks.com.
“Despite the challenging global economic environment, and for financial
services online advertising in particular, we were able to deliver
revenue results above our expectations as both our advertising and
services businesses performed well during the quarter. Additionally, our
stronger margin performance and ongoing efforts to reduce our operating
cost structure have enabled us to achieve improved profitability in our
business.”
Select Business Highlights
-
Reduced first quarter 2009 cash SG&A expenses by greater than 50% year
over year versus the first quarter 2008
-
Since May 2008, have paid off approximately 42% of the original $7MM
principal balance of the Company’s 13.50% notes due 2010
-
Launched a white label Online Tax Extension product
-
Raised $300 thousand through the sale of Series C Preferred Stock to
the Company’s CEO
Second Quarter 2009 Business Outlook
-
For the second quarter of 2009, the Company expects revenue to be in
the range of $2.4 million to $2.7 million
-
For the second quarter of 2009, the Company expects Adjusted EBITDA to
be in the range of $800 thousand to $1.0 million
Received Waiver of Financial Covenants on Notes Payable
The Company also announced today that it has received an extended waiver
of its obligation to comply with certain of the financial covenants of
its 13.50% Senior Subordinated Notes due June 30, 2010 (the “Notes”) to
June 29, 2009. The Company’s Notes require that the Company maintain
certain financial ratios until the Notes are paid in full, and although
the Company has remained current on all its principal and interest
payments, it is currently not in compliance with the financial covenants
related to the Leverage Ratio and the Fixed Charge Coverage Ratio. As
part of the lender’s agreement to extend the waiver, the Company has
agreed to make three additional principal payments of $109,375 on May
15, 2009, $109,375 on June 15, 2009, and $145,833 before September 30,
2009. The Company currently expects that it will regain full compliance
with the financial covenants on June 30, 2009 through normal business
operations, without the sale of any additional company assets or equity
and expects to remain in covenant compliance throughout the remainder of
the term of the Notes.
Received Extension from NYSE Amex on Plan of Compliance
Banks.com announced today that NYSE Amex (the “Exchange”) granted the
Company additional time to achieve its plan to comply with Exchange
listing standards. As previously disclosed, the Company received notice
from the Exchange on October 10, 2008, indicating that the Company is
below certain of the Exchange’s continued listing standards.
Specifically, the Company is not in compliance with Section 1003(a) (iv)
of the Exchange’s Company Guide in that it has sustained losses which
are so substantial in relation to its overall operations or its existing
financial resources, or its financial condition has become so impaired
that it appears questionable, in the opinion of the Exchange, as to
whether the Company will be able to continue operations and/or meet its
obligations as they mature.
The Company was afforded the opportunity to submit a plan of compliance
to the Exchange and on November 17, 2008, presented its plan to the
Exchange. In a letter dated January 6, 2009, the Exchange notified the
Company that it accepted the Company’s plan of compliance and granted
the Company an extension until April 10, 2009 to regain compliance with
the continued listing standards. On May 11, 2009, after evaluating the
Company’s progress with the plan, the Exchange notified the Company that
it granted the Company an additional extension until August 11, 2009 to
achieve such compliance. The Company will be subject to periodic review
by the Exchange staff during the extension period. Failure to make
progress consistent with the plan or to regain compliance with the
continued listing standards by the end of the extension period could
result in the Company’s shares of common stock being delisted from the
Exchange.
Received Audit Opinion Containing Going Concern Qualification
The Company disclosed today, as required by Section 610(b) of the NYSE
Amex Company Guide, that it received an audit opinion from its
independent registered public accounting firm, Hacker, Johnson and Smith
PA, that contains a going concern qualification with respect to its
consolidated financial statements for the fiscal year ended December 31,
2008, included in its Annual Report on Form 10-K/A for the fiscal year
ended December 31, 2008 that was filed on April 1, 2009.
This announcement does not represent any change or amendment to the
Company’s financial statements or to its Annual Report on Form 10-K/A
for the fiscal year ended December 31, 2008, or to the matters discussed
in its fourth quarter and fiscal year 2008 results conference call that
occurred on March 31, 2009.
Conference Call
Banks.com will host a conference call today at 2:00 PM PST / 5:00 PM EST
to discuss its first quarter 2009 results. To listen to the call and
have the opportunity to ask questions, please dial 800-901-5226
(domestic) or 617-786-4513 (International) five to ten minutes before
the call and reference the Passcode 95799101. A replay of the call will
be available by dialing 888-286-8010 (domestic) or 617-801-6888
(international) and referencing Passcode 90155466. Questions for the
conference call will also be taken via email at: stockwatch@banks.com
and can be sent any time prior to the conference call’s starting time.
Investors will also have the opportunity to listen to the conference
call and the replay on the Investor Relations section of the Banks.com
website at: www.Banks.com.
Forward Looking Statements
This press release contains forward looking statements within the
meaning of the Private Securities Litigation Reform Act of 1995 that
involve substantial risks and uncertainties. Forward looking statements,
which are based on management’s current expectations, are generally
identifiable by the use of terms, such as “anticipates,” “believes,”
“could,” “estimates,” “expects,” “intends,” “may,” “plans,” “possible,”
“potential,” “predicts,” “projects,” “should,” “would” and similar
expressions. The forward looking statements in this press release
include statements regarding: our ability to comply with the financial
covenants in our notes, our ability to comply with continued listing
standards of the NYSE Amex, management’s expectations regarding our
strategy, management’s expectations regarding our financial results for
the second quarter of 2009, the effect of recent events, our ability to
repay our indebtedness, and the outlook for our business. The
potential risks and uncertainties that could cause actual results to
differ materially from those expressed or implied herein include, among
others, unanticipated slowdown in the financial services vertical;
market acceptance of the enhanced version of the Banks.com website;
introduction of additional competitors in the Internet search services
space; unexpected diversion of advertising dollars away from the
Internet; slower than anticipated growth rate of our advertising base;
dependence on our search providers; market development of Internet
advertising and paid search services; the stability of our
infrastructure; and continued weak economic conditions. Further
information on the factors that could affect our financial results is
included in our filings with the Securities and Exchange Commission,
including our Annual Report on Form 10-K/A for the fiscal year ended
December 31, 2008, our quarterly reports on Form 10-Q and our Current
Reports on Form 8-K. Except as required by law, we assume no
responsibility to update these forward looking statements publicly, even
if new information becomes available in the future.
Non-GAAP Financial Measures
This press release includes the following financial measure defined
as a non-GAAP financial measure by the Securities and Exchange
Commission: Adjusted EBITDA. This supplemental financial measure
is not required by GAAP, nor is the presentation of this financial
information intended to be considered in isolation or as a substitute
for the financial information prepared and presented in accordance with
GAAP. Management recognizes that non-GAAP financial measures have
limitations in that they do not reflect all of the items associated with
Banks.com’s earnings results as determined in accordance with GAAP. However,
for the reasons described below, management uses this non-GAAP measure
to evaluate the performance of Banks.com’s business. Banks.com’s
management believes that it is important to provide investors with these
same tools, together with a reconciliation to GAAP, for evaluating the
performance of Banks.com’s business, as it may provide additional
insight into Banks.com’s financial results. See “Reconciliation
of GAAP Net Earnings to Earnings Before Interest, Taxes, Depreciation,
Amortization and Stock Compensation Expense (Adjusted EBITDA)” table
included in this press release for further information regarding these
non-GAAP financial measures. In addition, Adjusted EBITDA is
presented because management believes it is frequently used by
securities analysts, investors and others in the evaluation of companies.
Adjusted EBITDA is calculated by adding income taxes, interest
expense, depreciation and amortization to net earnings, adjusted for
certain items management believes should be excluded in order to reflect
a more meaningful representation of Banks.com’s financial performance,
including stock compensation expense. Banks.com’s management
excludes the impact of equity-based compensation to eliminate the
effects of this non-cash item, which, because it is based upon estimates
on the grant dates, may bear little resemblance to the actual values
realized upon the future exercise, expiration, termination or forfeiture
of the stock-based compensation. Adjusted EBITDA is not defined under
GAAP and should not be considered in isolation or as a substitute for
net earnings and other consolidated earnings data prepared in accordance
with GAAP or as a measure of Banks.com’s profitability.
About Banks.com
Banks.com operates an Internet media property that provides a unique
breadth and depth of products and services in the financial services
sector. Our mission is to bring our users and subscribers the most
relevant financial information on the web. Banks.com provides access to
thousands of pages of current financial content, including: business
articles, stock quotes, tax information, audio, blogs and much more. In
addition, Banks.com provides free tools to assist visitors with their
financial decision-making including stock tracking and financial
calculators. Our site contains information and services on a variety of
topics such as Banking, Stocks & Bonds, Taxes, Mortgages, Personal
Finance, Credit Cards, Insurance and Retirement Planning. Banks.com,
Inc. is headquartered in San Francisco, California at 222 Kearny Street,
Suite 550 and can be reached at 415.962.9700. More information about
Banks.com, Inc. can be found at: www.Banks.com.
1 Generally accepted accounting principles in the United
States of America.
2 Adjusted EBITDA is calculated by adding income taxes,
interest expense, depreciation and amortization to net earnings,
adjusted for certain items management believes should be excluded in
order to reflect a more meaningful representation of our financial
performance, including stock compensation expense. Adjusted
EBITDA is a non-GAAP financial measure. This measure may be different
from non-GAAP financial measures used by other companies. We encourage
investors to review the section below entitled “Non-GAAP Financial
Measures” and to review the reconciling adjustments between the GAAP and
non-GAAP measures attached to this press release.
|
BANKS.COM, INC. AND SUBSIDIARIES
|
|
Consolidated Statements of Earnings
|
|
(In thousands, except share and per share data)
|
|
(Unaudited)
|
|
|
|
|
Three Months Ended
|
|
|
|
|
March 31,
|
|
|
|
|
|
2009
|
|
|
2008
|
|
|
|
|
|
|
|
|
|
Revenues
|
|
|
$
|
2,856
|
|
$
|
4,995
|
|
|
|
|
|
|
|
|
|
Cost of revenues
|
|
|
781
|
|
|
2,548
|
|
|
|
|
|
|
|
|
|
Gross profit
|
|
|
2,075
|
|
|
2,447
|
|
|
|
|
|
|
|
|
|
Operating expenses:
|
|
|
|
|
|
|
Sales and marketing expense
|
|
|
189
|
|
|
339
|
|
|
|
General and administrative expense
|
|
|
1,439
|
|
|
2,369
|
|
|
|
|
|
|
|
|
|
|
Total operating expenses
|
|
|
1,628
|
|
|
2,708
|
|
|
|
|
|
|
|
|
|
Earnings (loss) from operations
|
|
|
447
|
|
|
(261
|
)
|
|
|
|
|
|
|
|
|
Interest expense
|
|
|
310
|
|
|
299
|
|
|
|
|
|
|
|
|
|
Earnings (loss) before income taxes
|
|
|
137
|
|
|
(560
|
)
|
|
|
|
|
|
|
|
|
Income taxes (benefit)
|
|
|
56
|
|
|
(193
|
)
|
|
|
|
|
|
|
|
|
Net earnings (loss)
|
|
$
|
81
|
|
$
|
(367
|
)
|
|
|
|
|
|
|
|
|
Basic earnings (loss) per share
|
|
$
|
0.00
|
|
$
|
(0.01
|
)
|
|
|
|
|
|
|
|
|
Diluted earnings (loss) per share
|
|
$
|
0.00
|
|
$
|
(0.01
|
)
|
|
BANKS.COM, INC. AND SUBSIDIARIES
|
|
Consolidated Balance Sheets
|
|
(In thousands, except share and per share data)
|
|
(Unaudited)
|
|
|
|
|
|
|
|
|
|
March 31,
|
|
December 31,
|
|
|
|
|
2009
|
|
|
2008
|
|
Assets
|
|
|
|
|
|
|
|
|
|
|
|
Current assets:
|
|
|
|
|
|
Cash
|
|
$
|
309
|
|
$
|
479
|
|
Accounts receivable
|
|
|
1,730
|
|
|
747
|
|
Prepaid expenses and other
|
|
|
290
|
|
|
253
|
|
Refundable income taxes
|
|
|
-
|
|
|
1,331
|
|
Deferred income taxes
|
|
|
318
|
|
|
78
|
|
|
|
|
|
|
|
Total current assets
|
|
|
2,647
|
|
|
2,888
|
|
|
|
|
|
|
|
Propert and equipment, net
|
|
|
946
|
|
|
1,065
|
|
Debt issuance costs, net
|
|
|
437
|
|
|
493
|
|
Patents and trademarks, net
|
|
|
30
|
|
|
31
|
|
Domains, net
|
|
|
11,679
|
|
|
11,937
|
|
Other intangible assets, net
|
|
|
936
|
|
|
998
|
|
Other assets
|
|
|
125
|
|
|
125
|
|
Deferred income taxes
|
|
|
496
|
|
|
789
|
|
|
|
|
|
|
|
Total Assets
|
|
$
|
17,296
|
|
$
|
18,326
|
|
|
|
|
|
|
|
Liabilities and Stockholders' Equity
|
|
|
|
|
|
|
|
|
|
|
|
Current liabilities:
|
|
|
|
|
|
Accounts payable
|
|
|
882
|
|
|
544
|
|
Accrued liabilities
|
|
|
400
|
|
|
532
|
|
Accrued contributions
|
|
|
764
|
|
|
764
|
|
Deferred revenue
|
|
|
4
|
|
|
4
|
|
Notes payable, net of discount
|
|
|
3,879
|
|
|
5,517
|
|
|
|
|
|
|
|
Total current liabilities
|
|
|
5,929
|
|
|
7,361
|
|
|
|
|
|
|
|
Total liabilities
|
|
|
5,929
|
|
|
7,361
|
|
|
|
|
|
|
|
Stockholders' equity:
|
|
|
|
|
|
Preferred stock
|
|
|
3
|
|
|
-
|
|
Common stock
|
|
|
26
|
|
|
25
|
|
Additional paid-in capital
|
|
|
10,640
|
|
|
10,316
|
|
Retained earnings
|
|
|
698
|
|
|
624
|
|
|
|
|
|
|
|
Total stockholders' equity
|
|
|
11,367
|
|
|
10,965
|
|
|
|
|
|
|
|
Total Liabilities and Stockholders' Equity
|
|
$
|
17,296
|
|
$
|
18,326
|
|
BANKS.COM, INC. AND SUBSIDIARIES
|
|
Reconciliation of GAAP Net Earnings to Earnings Before
|
|
Interest, Taxes, Depreciation, Amortization, and Stock Compensation
Expense (Adjusted EBITDA)
|
|
(In thousands)
|
|
(Unaudited)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Three Months Ended
|
|
|
|
|
|
March 31,
|
|
|
|
|
|
|
2009
|
|
|
2008
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net earnings (loss)
|
|
|
$
|
81
|
|
$
|
(367
|
)
|
|
|
|
|
|
|
|
|
|
|
Income taxes (benefit)
|
|
56
|
|
|
(193
|
)
|
|
|
|
|
|
|
|
|
|
Earnings (loss) before income taxes
|
|
137
|
|
|
(560
|
)
|
|
|
|
|
|
|
|
|
|
|
Interest expense
|
|
|
310
|
|
|
299
|
|
|
|
|
|
|
|
|
|
|
Earnings (loss) from operations
|
|
447
|
|
|
(261
|
)
|
|
|
|
|
|
|
|
|
|
|
Depreciation
|
|
|
119
|
|
|
111
|
|
|
|
|
|
|
|
|
|
|
|
Amortization
|
|
|
321
|
|
|
330
|
|
|
|
|
|
|
|
|
|
|
|
Stock compensation expense
|
|
74
|
|
|
98
|
|
|
|
|
|
|
|
|
|
|
Adjusted earnings before interest, taxes, depreciation,
|
|
|
|
|
amortization, and stock compensation expense (Adjusted EBITDA)
|
$
|
961
|
|
$
|
278
|
|
Banks.com, Inc.
Daniel O’Donnell, 415-962-9700
President and
Chief Executive Officer