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      The Wendy's Company Reports Third Quarter 2020 Results

      Wendy's® was founded in 1969 by Dave Thomas in Columbus, Ohio. Dave built his business on the premise, “Quality is our Recipe®,” which remains the guidepost of the Wendy’s system. Wendy’s is best known for its made-to-order square hamburgers, using fresh, never frozen beef*, freshly-prepared salads, and other signature items like chili, baked potatoes and the Frosty® dessert. The Wendy’s Company (Nasdaq: WEN) is committed to doing the right thing and making a positive difference in the lives of others. This is most visible through the Company’s support of the Dave Thomas Foundation for Adoption® and its signature Wendy’s Wonderful Kids® program, which seeks to find every child in the North American foster care system a loving, forever home. Today, Wendy’s and its franchisees employ hundreds of thousands of people across more than 6,700 restaurants worldwide with a vision of becoming the world’s most thriving and beloved restaurant brand. For details on franchising, connect with us at www.wendys.com/franchising. Visit www.wendys.com and www.squaredealblog.com for more information and connect with us on Twitter and Instagram using @wendys, and on Facebook at www.facebook.com/wendys.

*Fresh beef available in the contiguous U.S., Alaska, and Canada.

      News provided by

      The Wendy’s Company

      Nov 04, 2020, 07:00 ET

      Share this article

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      DUBLIN, Ohio, Nov. 4, 2020 /PRNewswire/ -- The Wendy's Company (Nasdaq: WEN) today reported unaudited results for the third quarter ended September 27, 2020.

      "In the third quarter we posted our highest Global same-restaurant sales growth performance in over 15 years on top of outsized growth in the prior year." President and Chief Executive Officer Todd Penegor said.  "In addition to these very strong sales, our restaurant economic model continues to strengthen, with Company-operated restaurant margin expansion compared to the prior year, despite significant commodity headwinds.  We remain focused on our goal of delivering efficient, accelerated growth behind our three major long-term growth pillars: building our breakfast daypart, growing our digital business, and expanding our International footprint. With the momentum we have in our business, I am more confident than ever that we will achieve our vision of becoming the world's most thriving and beloved restaurant brand."

      Third Quarter 2020 Summary
      See "Disclosure Regarding Non-GAAP Financial Measures" and the reconciliation tables that accompany this release for a discussion and reconciliation of certain non-GAAP financial measures included in this release.

      Operational Highlights

      Third Quarter


      Year-to-Date










      2020


      2019


      2020


      2019









      Systemwide Sales Growth(1)








      U.S.

      7.9%


      5.8%


      1.6%


      3.6%

      International(2)

      (3.5)%


      4.6%


      (9.3)%


      8.3%

      Global

      6.7%


      5.7%


      0.5%


      4.1%









      Same-Restaurant Sales Growth(1)








      U.S.

      7.0%


      4.5%


      0.9%


      2.4%

      International(2)

      (2.1)%


      3.3%


      (7.3)%


      3.3%

      Global

      6.1%


      4.4%


      —%


      2.5%









      Restaurant Openings








      U.S. - Total / Net

      27 / 12


      24 / 12


      73 / 22


      68 / 15

      International - Total / Net

      6 / (4)


      16 / 12


      23 / 4


      43 / 17

      Global - Total / Net

      33 / 8


      40 / 24


      96 / 26


      111 / 32









      Systemwide Sales (In US$ Millions)(3)








      U.S.

      $2,692


      $2,495


      $7,436


      $7,316

      International(2)

      $291


      $303


      $784


      $877

      Global

      $2,983


      $2,798


      $8,220


      $8,193









      Global Reimaging Completion Percentage





      62%


      56%









      (1) Systemwide sales growth and same-restaurant sales growth are calculated on a constant currency basis and include sales by both Company-operated and franchise restaurants.

      (2) Excludes Venezuela and Argentina.

      (3) Systemwide sales include sales at both Company-operated and franchise restaurants.

      Financial Highlights

      Third Quarter


      Year-to-Date














      2020


      2019


      B / (W)


      2020


      2019


      B / (W)













      (In Millions Except Per Share Amounts)

      (Unaudited)




      (Unaudited)















      Total Revenues

      $

      452.2



      $

      437.9



      3.3

      %


      $

      1,259.5



      $

      1,281.8



      (1.7)

      %

      Adjusted Revenues(1)

      $

      367.5



      $

      351.1



      4.7

      %


      $

      1,018.0



      $

      1,027.9



      (1.0)

      %

      Company-Operated Restaurant Margin

      16.9

      %


      16.2

      %


      0.7

      %


      13.9

      %


      15.9

      %


      (2.0)

      %

      General and Administrative Expense

      $

      47.3



      $

      46.2



      (2.4)

      %


      $

      147.6



      $

      146.3



      (0.9)

      %

      Operating Profit

      $

      81.3



      $

      79.0



      2.9

      %


      $

      190.7



      $

      225.9



      (15.6)

      %

      Net Income

      $

      39.8



      $

      46.1



      (13.7)

      %


      $

      79.1



      $

      110.4



      (28.4)

      %

      Adjusted EBITDA

      $

      118.8



      $

      109.9



      8.1

      %


      $

      305.6



      $

      329.4



      (7.2)

      %

      Reported Diluted Earnings Per Share

      $

      0.17



      $

      0.20



      (15.0)

      %


      $

      0.35



      $

      0.47



      (25.5)

      %

      Adjusted Earnings Per Share

      $

      0.19



      $

      0.19



      —

      %


      $

      0.40



      $

      0.51



      (21.6)

      %

      Cash Flows from Operations







      $

      205.8



      $

      237.5



      (13.3)

      %

      Capital Expenditures







      $

      (44.9)



      $

      (41.0)



      (9.5)

      %

      Free Cash Flow(2)







      $

      133.6



      $

      192.3



      (30.5)

      %













      (1) Total revenues less advertising funds revenue.

      (2) Cash flows from operations minus capital expenditures and the impact of our advertising funds.

      Third Quarter Financial Highlights

      Revenues and Adjusted Revenues

      The increase in revenues and adjusted revenues was primarily driven by higher sales at Company-operated restaurants and by an increase in franchisee royalty revenue and fees.  These were driven by an increase in same-restaurant sales which benefited from the positive impact of the Company's new breakfast daypart in the U.S.

      Company-Operated Restaurant Margin

      The increase in Company-operated restaurant margin was primarily the result of a higher average check and lower than expected local advertising spend. The increase was partially offset by customer count declines as a result of the COVID-19 pandemic, higher commodity costs, and labor rate increases.

      General and Administrative Expense

      The increase in general and administrative expense reflects a $2.8 million reduction in a prior year legal reserve related to the financial institutions case. Excluding this reserve adjustment, general and administrative expense would have decreased by approximately $1.7 million, or 3 percent, primarily driven by a lower incentive compensation accrual and lower travel related expenses as a result of reduced travel due to the COVID-19 pandemic, partially offset by an increase in professional fees.

      Operating Profit

      The increase in operating profit resulted primarily from higher franchise royalty revenue and fees, lower franchise support and other costs, and an increase in Company-operated restaurant margin, partially offset by an incremental Company investment in breakfast advertising of $6.2 million, higher reorganization and realignment costs and a decrease in net rental income.  The higher reorganization and realignment costs relate primarily to a new Operations and Field Realignment Plan that was initiated in September 2020.  The plan realigns the Company's restaurant operations team, including transitioning from separate leaders of Company and franchise operations to a single leader of all U.S. restaurant operations. The Company also expects to incur contract termination charges, including the planned closure of certain field offices.

      Net Income

      The decrease in net income resulted primarily from a higher provision for income taxes due to the impacts of a lower tax rate in the prior year, primarily as the result of a tax reserve release the Company recognized in Q3 2019.

      Adjusted EBITDA

      The increase in adjusted EBITDA resulted primarily from higher franchise royalty revenue and fees, lower franchise support and other costs, and an increase in Company-operated restaurant margin, partially offset by the incremental Company investment in breakfast advertising.

      Adjusted Earnings Per Share

      Adjusted earnings per share was flat compared to the prior year.  It was impacted by an increase in adjusted EBITDA that was offset by the impact of a higher tax rate primarily as the result of a tax reserve release the Company recognized in Q3 2019.

      Year to Date Free Cash Flow

      The decrease in free cash flow resulted from a decrease in net cash provided by operating activities which was driven primarily by lower net income, the settlement of the financial institutions case, and a higher incentive compensation payout for the 2019 fiscal period paid in 2020.  Excluding the $24.7 million payment related to the settlement of the financial institutions case, free cash flow would have been approximately $158.3 million.

      Percent of Operating Restaurants (as of 9/27/2020)


      # of Total
      Restaurants

      Percent

      Operating

      U.S.

      5,874

      99.7%

      International

      940

      94.5%

      Global

      6,814

      99.0%

      Company Increases Quarterly Dividend by 40%
      The Company announced today a 40% increase in its regular quarterly cash dividend to 7 cents per share, payable on December 15, 2020 to shareholders of record as of December 1, 2020.   The Company believes that its strengthening liquidity position, along with the momentum it is seeing in its business, supports this increase, while still leaving flexibility to invest in growth.

      Share Repurchases
      The Company repurchased 0.1 million shares for $1.7 million in the third quarter of 2020 and has repurchased 0.1 million shares for $2.0 million thus far in the fourth quarter of 2020.   As of the date of this release, approximately $81.7 million remains available under the Company's existing $100M share repurchase authorization that expires in February 2022.

      Outlook
      As previously announced, due to the current unprecedented global market and economic conditions, the Company withdrew its outlook for the 2020 fiscal year and its 2021-2024 long-term outlook. The Company intends to provide an updated financial outlook when it can reasonably estimate the impact of the COVID-19 pandemic or when more stable market conditions resume.

      Conference Call and Webcast Scheduled for 8:30 a.m. Today, November 4
      The Company will host a conference call on Wednesday, November 4 at 8:30 a.m. ET, with a simultaneous webcast from the Company's Investor Relations website at www.irwendys.com.  The related presentation materials will also be available on the Company's Investor Relations website. The live conference call will be available by telephone at (866) 211-4759 for domestic callers and (647) 689-6752 for international callers. An archived webcast and presentation materials will be available on the Company's Investor Relations website.

      Forward-Looking Statements
      This release contains certain statements that are "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995 (the "Reform Act"), including statements regarding the impacts that the novel coronavirus (COVID-19) pandemic may have on our future operations and financial condition.  Generally, forward-looking statements include the words "may," "believes," "plans," "expects," "anticipates," "intends," "estimate," "goal," "upcoming," "outlook," "guidance" or the negation thereof, or similar expressions.  In addition, all statements that address future operating, financial or business performance, strategies or initiatives, future efficiencies or savings, anticipated costs or charges, future capitalization, anticipated impacts of recent or pending investments or transactions and statements expressing general views about future results or brand health are forward-looking statements within the meaning of the Reform Act.  Forward-looking statements are based on the Company's expectations at the time such statements are made, speak only as of the dates they are made and are susceptible to a number of risks, uncertainties and other factors.  For all such forward-looking statements, the Company claims the protection of the safe harbor for forward-looking statements contained in the Reform Act.  The Company's actual results, performance and achievements may differ materially from any future results, performance or achievements expressed or implied by the Company's forward-looking statements.

      Many important factors could affect the Company's future results and cause those results to differ materially from those expressed in or implied by the Company's forward-looking statements.  Such factors include, but are not limited to, the following: (1) the disruption to the Company's business from the novel coronavirus (COVID-19) pandemic and the impact of the pandemic on the Company's results of operations, financial condition and prospects; (2) the impact of competition, including from outside the quick-service restaurant industry; (3) changes in consumer tastes and preferences, unemployment and discretionary consumer spending; (4) prevailing conditions and disruptions in the national and global economies, including areas with a high concentration of Wendy's restaurants; (5) food safety events, including instances of food-borne illness, involving Wendy's, its supply chain or other food service companies; (6) the success of the Company's operating, promotional, marketing or new product development initiatives, including risks associated with its entry into the breakfast daypart across the U.S. system; (7) the Company's ability to achieve its growth strategy through net new restaurant development, including the availability of suitable locations and terms, and the success of its Image Activation program, including the ability of reimaged restaurants to positively affect sales; (8) changes in commodity and other operating costs, including supply, distribution and labor costs; (9) the Company's ability to attract and retain qualified restaurant personnel; (10) shortages or interruptions in the supply or distribution of food or other products and other risks associated with the Company's independent supply chain purchasing co-op; (11) consumer concerns regarding the nutritional aspects of the Company's products; (12) the effects of disease outbreaks, epidemics or pandemics; (13) the effects of negative publicity that can occur from socially relevant issues or the increased use of social media; (14) risks associated with the Company's international operations, including its ability to achieve its international growth strategy; (15) risks associated with the Company's digital commerce strategy, platforms and technologies, including its ability to adapt to changes in industry trends and consumer preferences; (16) the Company's dependence on computer systems and information technology, including risks associated with the failure, interruption or breach of its systems or technology or other cyber incidents or deficiencies; (17) risks associated with the realignment and reinvestment of resources in the Company's IT organization to accelerate growth and reallocation of resources to better support long-term growth strategies for Company and franchise operations; (18) the Company's ability to effectively manage the acquisition and disposition of restaurants or successfully implement other strategic initiatives; (19) conditions beyond the Company's control, such as adverse weather conditions, natural disasters, hostilities, social unrest or other catastrophic events; (20) the availability and cost of insurance; (21) the Company's ability to protect its intellectual property; (22) the continued succession and retention of key personnel and the effectiveness of the Company's leadership structure; (23) compliance with legal or regulatory requirements, the impact of legal or regulatory proceedings and risks associated with an increased focus on environmental, social and governance issues; (24) risks associated with leasing and owning significant amounts of real estate, including a decline in the value of the Company's real estate assets or liability for environmental matters; (25) the effects of charges for impairment of goodwill or other long-lived assets; (26) risks associated with the Company's securitized financing facility and other debt agreements, including its overall debt levels and ability to generate sufficient cash flow to meet increased debt service obligations, compliance with operational and financial covenants and restrictions on the Company's ability to raise additional capital; (27) the availability, terms and deployment of capital, including the amount and timing of equity and debt repurchases; (28) risks and uncertainties associated with the bankruptcy of the Company's largest franchisee, NPC Quality Burgers, Inc.; and (29) other risks and uncertainties cited in the Company's releases, public statements and/or filings with the Securities and Exchange Commission, including those identified in the "Risk Factors" sections of the Company's Forms 10-K and 10-Q.

      In addition to the factors described above, there are risks associated with the Company's predominantly franchised business model that could impact its results, performance and achievements. Such risks include the Company's ability to identify, attract and retain experienced and qualified franchisees and effectively manage the transfer of restaurants between and among franchisees, the business and financial health of franchisees, the ability of franchisees to meet their royalty, advertising, development, reimaging and other commitments,  participation by franchisees in brand strategies and the fact that franchisees are independent third parties that own, operate and are responsible for overseeing the operations of their restaurants.  The Company's predominantly franchised business model may also impact the ability of the Wendy's system to effectively respond and adapt to market changes. Many of these risks have been or in the future may be heightened due to the business disruption and impact from the COVID-19 pandemic.

      All future written and oral forward-looking statements attributable to the Company or any person acting on its behalf are expressly qualified in their entirety by the cautionary statements contained or referred to above. New risks and uncertainties arise from time to time, and it is impossible for the Company to predict these events or how they may affect the Company.

      The Company assumes no obligation to update any forward-looking statements after the date of this release as a result of new information, future events or developments, except as required by federal securities laws, although the Company may do so from time to time. The Company does not endorse any projections regarding future performance that may be made by third parties.

      There can be no assurance that any additional regular quarterly cash dividends will be declared or paid after the date hereof, or of the amount or timing of such dividends, if any.  Future dividend payments, if any, are subject to applicable law, will be made at the discretion of the Board of Directors and will be based on factors such as the Company's earnings, financial condition and cash requirements and other factors.

      Disclosure Regarding Non-GAAP Financial Measures
      In addition to the financial measures presented in this release in accordance with U.S. Generally Accepted Accounting Principles ("GAAP"), the Company has included certain non-GAAP financial measures in this release, including adjusted revenue, adjusted EBITDA, adjusted earnings per share, free cash flow and systemwide sales.

      The Company uses adjusted revenue, adjusted EBITDA, adjusted earnings per share and systemwide sales as internal measures of business operating performance and as performance measures for benchmarking against the Company's peers and competitors.  Adjusted EBITDA and systemwide sales are also used by the Company in establishing performance goals for purposes of executive compensation.  The Company believes its presentation of adjusted revenue, adjusted EBITDA, adjusted earnings per share and systemwide sales provides a meaningful perspective of the underlying operating performance of our current business and enables investors to better understand and evaluate our historical and prospective operating performance.  The Company believes these non-GAAP financial measures are important supplemental measures of operating performance because they eliminate items that vary from period to period without correlation to our core operating performance and highlight trends in our business that may not otherwise be apparent when relying solely on GAAP financial measures.  Due to the nature and/or size of the items being excluded, such items do not reflect future gains, losses, expenses or benefits and are not indicative of our future operating performance.  The Company believes investors, analysts and other interested parties use adjusted revenue, adjusted EBITDA, adjusted earnings per share and systemwide sales in evaluating issuers, and the presentation of these measures facilitates a comparative assessment of the Company's operating performance in addition to the Company's performance based on GAAP results.

      This release also includes disclosure regarding the Company's free cash flow.  Free cash flow is a non-GAAP financial measure that is used by the Company as an internal measure of liquidity.  Free cash flow is also used by the Company in establishing performance goals for purposes of executive compensation.  The Company defines free cash flow as cash flows from operations minus (i) capital expenditures and (ii) the net change in the restricted operating assets and liabilities of the advertising funds and any excess/deficit of advertising funds revenue over advertising funds expense included in net income, as reported under GAAP.  The impact of our advertising funds is excluded because the funds are used solely for advertising and are not available for the Company's working capital needs. The Company may also make additional adjustments for certain non-recurring or unusual items as detailed in the reconciliation tables that accompany this release. The Company believes free cash flow is an important liquidity measure for investors and other interested persons because it communicates how much cash flow is available for working capital needs or to be used for repurchasing shares, paying dividends, repaying or refinancing debt, financing possible acquisitions or investments or other uses of cash.

      Adjusted revenue, adjusted EBITDA, adjusted earnings per share, free cash flow and systemwide sales are not recognized terms under GAAP, and the Company's presentation of these non-GAAP financial measures does not replace the presentation of the Company's financial results in accordance with GAAP.  Because all companies do not calculate adjusted revenue, adjusted EBITDA, adjusted earnings per share, free cash flow and systemwide sales (and similarly titled financial measures) in the same way, those measures as used by other companies may not be consistent with the way the Company calculates such measures.  The non-GAAP financial measures included in this release should not be construed as substitutes for or better indicators of the Company's performance than the most directly comparable GAAP financial measures.  See the reconciliation tables that accompany this release for additional information regarding certain of the non-GAAP financial measures included herein.

      Key Business Measures
      The Company tracks its results of operations and manages its business using certain key business measures, including same-restaurant sales, systemwide sales and Company-operated restaurant margin, which are measures commonly used in the quick-service restaurant industry that are important to understanding Company performance.

      Same-restaurant sales and systemwide sales each include sales by both Company-operated and franchise restaurants. The Company reports same-restaurant sales for new restaurants after they have been open for 15 continuous months and for reimaged restaurants as soon as they reopen. Restaurants temporarily closed for more than one fiscal week are excluded from same-restaurant sales.

      Franchise restaurant sales are reported by our franchisees and represent their revenues from sales at franchised Wendy's restaurants.  Sales by franchise restaurants are not recorded as Company revenues and are not included in the Company's consolidated financial statements. However, the Company's royalty revenues are computed as percentages of sales made by Wendy's franchisees and, as a result, sales by franchisees have a direct effect on the Company's royalty revenues and profitability.

      Same-restaurant sales and systemwide sales exclude sales from Venezuela and Argentina due to the highly inflationary economies of those countries.

      The Company calculates same-restaurant sales and systemwide sales growth on a constant currency basis. Constant currency results exclude the impact of foreign currency translation and are derived by translating current year results at prior year average exchange rates. The Company believes excluding the impact of foreign currency translation provides better year over year comparability.

      Company-operated restaurant margin is defined as sales from Company-operated restaurants less cost of sales divided by sales from Company-operated restaurants. Cost of sales includes food and paper, restaurant labor and occupancy, advertising and other operating costs.

      About Wendy's
      Wendy's® was founded in 1969 by Dave Thomas in Columbus, Ohio. Dave built his business on the premise, "Quality is our Recipe®," which remains the guidepost of the Wendy's system. Wendy's is best known for its made-to-order square hamburgers, using fresh, never frozen beef*, freshly-prepared salads, and other signature items like chili, baked potatoes and the Frosty® dessert. The Wendy's Company (Nasdaq: WEN) is committed to doing the right thing and making a positive difference in the lives of others. This is most visible through the Company's support of the Dave Thomas Foundation for Adoption® and its signature Wendy's Wonderful Kids® program, which seeks to find every child in the North American foster care system a loving, forever home. Today, Wendy's and its franchisees employ hundreds of thousands of people across more than 6,800 restaurants worldwide with a vision of becoming the world's most thriving and beloved restaurant brand. For details on franchising, connect with us at www.wendys.com/franchising. Visit www.wendys.com and www.squaredealblog.com for more information and connect with us on Twitter and Instagram using @wendys, and on Facebook at www.facebook.com/wendys.  

      *Fresh beef available in the contiguous U.S., Alaska, and Canada.

      Investor Contact:
      Greg Lemenchick
      Senior Director - Investor Relations & Corporate FP&A
      (614) 766-3977; [email protected]

      Media Contact:
      Heidi Schauer
      Senior Director - Corporate Communications & Customer Care
      (614) 764-3368; [email protected]

      The Wendy's Company and Subsidiaries
      Condensed Consolidated Statements of Operations
      Three and Nine Month Periods Ended September 27, 2020 and September 29, 2019
      (In Thousands Except Per Share Amounts)
      (Unaudited)



      Three Months Ended


      Nine Months Ended


      2020


      2019


      2020


      2019

      Revenues:








      Sales

      $

      191,946



      $

      181,977



      $

      522,961



      $

      530,724


      Franchise royalty revenue and fees

      116,820



      109,155



      321,645



      320,233


      Franchise rental income

      58,721



      59,918



      173,434



      176,931


      Advertising funds revenue

      84,755



      86,830



      241,468



      253,923



      452,242



      437,880



      1,259,508



      1,281,811


      Costs and expenses:








      Cost of sales

      159,545



      152,425



      450,170



      446,096


      Franchise support and other costs

      5,960



      9,739



      19,427



      19,823


      Franchise rental expense

      32,426



      32,364



      93,024



      92,842


      Advertising funds expense

      92,048



      87,883



      253,353



      257,031


      General and administrative

      47,322



      46,169



      147,553



      146,266


      Depreciation and amortization

      32,966



      33,306



      98,726



      97,975


      System optimization gains, net

      (23)



      (1,040)



      (2,333)



      (1,162)


      Reorganization and realignment costs

      3,375



      403



      10,196



      4,771


      Impairment of long-lived assets

      23



      —



      4,727



      1,684


      Other operating income, net

      (2,748)



      (2,392)



      (6,076)



      (9,377)



      370,894



      358,857



      1,068,767



      1,055,949


      Operating profit

      81,348



      79,023



      190,741



      225,862


      Interest expense, net

      (29,086)



      (27,930)



      (86,696)



      (86,943)


      Loss on early extinguishment of debt

      —



      —



      —



      (7,150)


      Other income, net

      181



      2,218



      1,113



      7,165


      Income before income taxes

      52,443



      53,311



      105,158



      138,934


      Provision for income taxes

      (12,690)



      (7,184)



      (26,060)



      (28,527)


      Net income

      $

      39,753



      $

      46,127



      $

      79,098



      $

      110,407










      Net income per share:








      Basic

      $

      .18



      $

      .20



      $

      .35



      $

      .48


      Diluted

      .17



      .20



      .35



      .47










      Number of shares used to calculate basic income
         per share

      223,907



      230,723



      223,521



      230,779










      Number of shares used to calculate diluted income
         per share

      228,317



      235,718



      227,833



      235,901


      The Wendy's Company and Subsidiaries
      Condensed Consolidated Balance Sheets
      As of September 27, 2020 and December 29, 2019
      (In Thousands Except Par Value)
      (Unaudited)



      September 27,

      2020


      December 29,
      2019

      ASSETS




      Current assets:




      Cash and cash equivalents

      $

      313,187



      $

      300,195


      Restricted cash

      38,460



      34,539


      Accounts and notes receivable, net

      100,125



      117,461


      Inventories

      4,604



      3,891


      Prepaid expenses and other current assets

      34,825



      15,585


      Advertising funds restricted assets

      116,535



      82,376


      Total current assets

      607,736



      554,047


      Properties

      922,717



      977,000


      Finance lease assets

      207,933



      200,144


      Operating lease assets

      827,123



      857,199


      Goodwill

      749,670



      755,911


      Other intangible assets

      1,229,343



      1,247,212


      Investments

      43,422



      45,949


      Net investment in sales-type and direct financing leases

      259,588



      256,606


      Other assets

      115,492



      100,461


      Total assets

      $

      4,963,024



      $

      4,994,529






      LIABILITIES AND STOCKHOLDERS' EQUITY




      Current liabilities:




      Current portion of long-term debt

      $

      35,358



      $

      22,750


      Current portion of finance lease liabilities

      11,438



      11,005


      Current portion of operating lease liabilities

      44,677



      43,775


      Accounts payable

      18,014



      22,701


      Accrued expenses and other current liabilities

      124,143



      165,272


      Advertising funds restricted liabilities

      126,620



      84,195


      Total current liabilities

      360,250



      349,698


      Long-term debt

      2,226,243



      2,257,561


      Long-term finance lease liabilities

      498,584



      480,847


      Long-term operating lease liabilities

      869,161



      897,737


      Deferred income taxes

      276,273



      270,759


      Deferred franchise fees

      88,834



      91,790


      Other liabilities

      122,144



      129,778


      Total liabilities

      4,441,489



      4,478,170


      Commitments and contingencies




      Stockholders' equity:




      Common stock, $0.10 par value; 1,500,000 shares authorized; 470,424 shares
         issued; 224,081 and 224,889 shares outstanding, respectively

      47,042



      47,042


      Additional paid-in capital

      2,896,767



      2,874,001


      Retained earnings

      215,635



      185,725


      Common stock held in treasury, at cost; 246,343 and 245,535 shares, respectively

      (2,578,943)



      (2,536,581)


      Accumulated other comprehensive loss

      (58,966)



      (53,828)


      Total stockholders' equity

      521,535



      516,359


      Total liabilities and stockholders' equity

      $

      4,963,024



      $

      4,994,529


      The Wendy's Company and Subsidiaries
      Condensed Consolidated Statements of Cash Flows
      Nine Month Periods Ended September 27, 2020 and September 29, 2019
      (In Thousands)
      (Unaudited)



      Nine Months Ended


      2020


      2019

      Cash flows from operating activities:




      Net income

      $

      79,098



      $

      110,407


      Adjustments to reconcile net income to net cash provided by operating activities:




      Depreciation and amortization

      98,726



      97,975


      Share-based compensation

      15,112



      13,989


      Impairment of long-lived assets

      4,727



      1,684


      Deferred income tax

      5,878



      5,524


      Non-cash rental expense, net

      19,967



      18,722


      Change in operating lease liabilities

      (29,539)



      (31,481)


      Net receipt of deferred vendor incentives

      5,061



      2,269


      System optimization gains, net

      (2,333)



      (1,162)


      Distributions received from joint ventures, net of equity in earnings

      1,187



      2,926


      Long-term debt-related activities, net

      4,866



      12,386


      Changes in operating assets and liabilities and other, net

      3,009



      4,261


      Net cash provided by operating activities

      205,759



      237,500


      Cash flows from investing activities:




      Capital expenditures

      (44,876)



      (40,984)


      Acquisitions

      —



      (5,052)


      Dispositions

      3,570



      2,038


      Proceeds from sale of investments

      169



      130


      Notes receivable, net

      138



      (1,834)


      Net cash used in investing activities

      (40,999)



      (45,702)


      Cash flows from financing activities:




      Proceeds from long-term debt

      153,315



      850,000


      Repayments of long-term debt

      (174,959)



      (883,564)


      Repayments of finance lease liabilities

      (5,850)



      (5,178)


      Deferred financing costs

      (2,122)



      (14,008)


      Repurchases of common stock

      (46,667)



      (76,948)


      Dividends

      (49,176)



      (69,280)


      Proceeds from stock option exercises

      15,540



      24,069


      Payments related to tax withholding for share-based compensation

      (5,409)



      (8,447)


      Net cash used in financing activities

      (115,328)



      (183,356)


      Net cash provided by operations before effect of exchange rate changes on cash

      49,432



      8,442


      Effect of exchange rate changes on cash

      (1,715)



      2,755


      Net increase in cash, cash equivalents and restricted cash

      47,717



      11,197


      Cash, cash equivalents and restricted cash at beginning of period

      358,707



      486,512


      Cash, cash equivalents and restricted cash at end of period

      $

      406,424



      $

      497,709






      Supplemental non-cash investing and financing activities:




      Capital expenditures included in accounts payable

      $

      4,789



      $

      7,582


      Finance leases

      24,617



      34,084







      September 27,

      2020


      December 29,

      2019

      Reconciliation of cash, cash equivalents and restricted cash at end of period:




      Cash and cash equivalents

      $

      313,187



      $

      300,195


      Restricted cash

      38,460



      34,539


      Restricted cash, included in Advertising funds restricted assets

      54,777



      23,973


      Total cash, cash equivalents and restricted cash

      $

      406,424



      $

      358,707


      The Wendy's Company and Subsidiaries
      Reconciliations of Net Income to Adjusted EBITDA and Revenues to Adjusted Revenues
      Three and Nine Month Periods Ended September 27, 2020 and September 29, 2019
      (In Thousands)
      (Unaudited)



      Three Months Ended


      Nine Months Ended


      2020


      2019


      2020


      2019









      Net income

      $

      39,753



      $

      46,127



      $

      79,098



      $

      110,407


      Provision for income taxes

      12,690



      7,184



      26,060



      28,527


      Income before income taxes

      52,443



      53,311



      105,158



      138,934


      Other income, net

      (181)



      (2,218)



      (1,113)



      (7,165)


      Loss on early extinguishment of debt

      —



      —



      —



      7,150


      Interest expense, net

      29,086



      27,930



      86,696



      86,943


      Operating profit

      81,348



      79,023



      190,741



      225,862


      Plus (less):








      Advertising funds revenue

      (84,755)



      (86,830)



      (241,468)



      (253,923)


      Advertising funds expense (a)

      85,895



      87,883



      245,015



      257,031


      Depreciation and amortization

      32,966



      33,306



      98,726



      97,975


      System optimization gains, net

      (23)



      (1,040)



      (2,333)



      (1,162)


      Reorganization and realignment costs

      3,375



      403



      10,196



      4,771


      Impairment of long-lived assets

      23



      —



      4,727



      1,684


      Legal reserve for Financial Institutions case

      —



      (2,829)



      —



      (2,829)


      Adjusted EBITDA

      $

      118,829



      $

      109,916



      $

      305,604



      $

      329,409










      Revenues

      $

      452,242



      $

      437,880



      $

      1,259,508



      $

      1,281,811


      Less:








      Advertising funds revenue

      (84,755)



      (86,830)



      (241,468)



      (253,923)


      Adjusted revenues

      $

      367,487



      $

      351,050



      $

      1,018,040



      $

      1,027,888



      (a)

      For the three and nine months ended September 27, 2020, excludes advertising funds expense of $6,153 and $8,338, respectively, related to the expected Company funding of incremental advertising during 2020.

      The Wendy's Company and Subsidiaries
      Reconciliation of Net Income and Diluted Earnings Per Share to
      Adjusted Income and Adjusted Earnings Per Share
      Three and Nine Month Periods Ended September 27, 2020 and September 29, 2019
      (In Thousands Except Per Share Amounts)
      (Unaudited)



      Three Months Ended


      Nine Months Ended


      2020


      2019


      2020


      2019









      Net income

      $

      39,753



      $

      46,127



      $

      79,098



      $

      110,407


      Plus (less):








      Advertising funds revenue

      (84,755)



      (86,830)



      (241,468)



      (253,923)


      Advertising funds expense (a)

      85,895



      87,883



      245,015



      257,031


      System optimization gains, net

      (23)



      (1,040)



      (2,333)



      (1,162)


      Reorganization and realignment costs

      3,375



      403



      10,196



      4,771


      Impairment of long-lived assets

      23



      —



      4,727



      1,684


      Loss on early extinguishment of debt

      —



      —



      —



      7,150


      Legal reserve for Financial Institutions case

      —



      (2,829)



      —



      (2,829)


      Total adjustments

      4,515



      (2,413)



      16,137



      12,722


      Income tax impact on adjustments (b)

      (868)



      951



      (4,566)



      (2,621)


      Total adjustments, net of income taxes

      3,647



      (1,462)



      11,571



      10,101










      Adjusted income

      $

      43,400



      $

      44,665



      $

      90,669



      $

      120,508










      Diluted earnings per share

      $

      .17



      $

      .20



      $

      .35



      $

      .47


      Total adjustments per share, net of income taxes

      .02



      (.01)



      .05



      .04


      Adjusted earnings per share

      $

      .19



      $

      .19



      $

      .40



      $

      .51



      (a)

      For the three and nine months ended September 27, 2020, excludes advertising funds expense of $6,153 and $8,338, respectively, related to the expected Company funding of incremental advertising during 2020.

      (b)

      The provision for (benefit from) income taxes on "System optimization gains, net" was $6 and $319 for the three months ended September 27, 2020 and September 29, 2019, respectively, and $(728) and $108 for the nine months ended September 27, 2020 and September 29, 2019, respectively.  The benefit from income taxes on all other adjustments (excluding the advertising funds adjustments) was calculated using an effective tax rate of 25.72% and 26.08% for the three months ended September 27, 2020 and September 29, 2019, respectively, and 25.72% and 25.32% for the nine months ended September 27, 2020 and September 29, 2019, respectively.

      The Wendy's Company and Subsidiaries
      Reconciliation of Net Cash Provided by Operating Activities to Free Cash Flow
      Nine Month Periods Ended September 27, 2020 and September 29, 2019
      (In Thousands)
      (Unaudited)



      Nine Months Ended


      2020


      2019

      Net cash provided by operating activities

      $

      205,759



      $

      237,500


      Less:




      Capital expenditures

      (44,876)



      (40,984)


      Advertising funds impact (a)

      (27,297)



      (4,202)


      Free cash flow

      $

      133,586



      $

      192,314



      (a)

      Represents the net change in the restricted operating assets and liabilities of our advertising funds, which is included in "Changes in operating assets and liabilities and other, net," and the excess of advertising funds expense over advertising funds revenue, which is included in "Net income."

      SOURCE The Wendy’s Company

      Modal title

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