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CVR Energy Reports Fourth Quarter and Full-Year Results


News provided by

CVR Energy, Inc.

Mar 01, 2010, 04:31 ET

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SUGAR LAND, Texas, March 1 /PRNewswire-FirstCall/ -- CVR Energy, Inc. (NYSE: CVI) today reported net income of $69.4 million for the full year of 2009, or $0.80 per fully diluted share, and net income of $9.5 million for the fourth quarter 2009, or $0.11 per fully diluted share, on full-year net sales of $3,136.3 million and fourth quarter net sales of $921.9 million.

(Logo: http://www.newscom.com/cgi-bin/prnh/20071203/CVRLOGO)

The 2009 results compare to net income for the full year 2008 of $163.9 million, or $1.90 per fully diluted share, and fourth quarter 2008 net income of $11.1 million, or $0.13 per fully diluted share.  The 2008 results came on net sales of $5,016.1 million for the full year and net sales of $699.7 million in the fourth quarter.

Operating income for the full year in 2009 was $208.2 million, compared to $148.7 million in 2008.  The company reported a fourth quarter 2009 operating income of $19.6 million, compared to an operating loss of $133.6 million for the fourth quarter 2008.

"We are pleased with our fourth quarter results in a difficult environment.  Refining margins remain under pressure because of the current economic downturn, with demand for transportation fuels down as people drive fewer miles and manufacturers ship fewer goods," said Chief Executive Officer Jack Lipinski. "However, nitrogen fertilizer prices continue a healthy improvement from their low point last June.

"Because of the investments we have made in the past, we are in a good position to weather the current downturn and expect to emerge a stronger company when the economy more fully recovers."

Several items affected fourth quarter and full year 2009 and 2008 net income and earnings per share.  These items included expenses or reversals thereof for share-based compensation and the impact of "unrealized gain or loss from cash flow swap."  The cash flow swap agreement was terminated effective October 2009.

In addition, the 2008 results were affected by the costs of a planned turnaround at the nitrogen fertilizer facility and a goodwill impairment loss of $42.8 million taken in the fourth quarter of that year resulting from the application of impairment testing criteria under accounting policies.  No impairment charges occurred in 2009.

Also, results for the full year and fourth quarter of 2009 were favorably impacted by our use of first-in/first-out (FIFO) accounting in the amounts of $67.9 million and $20.5 million respectively, as compared to unfavorable impacts in 2008 of $102.5 million and $117.1 million for the full year and fourth quarter, respectively.

Revised to include the above items net of tax impact, adjusted net income for the full year 2009 was $60.4 million, or $0.70 per share, and an adjusted net loss for the fourth quarter of $13.8 million, or a loss of $0.16 per share.  The 2009 results compare to adjusted net income of $85.4 million, or $0.99 per share, for the full year 2008, and $11.5 million, or $0.13 per share, for the fourth quarter 2008.

Petroleum Business

The petroleum business reported operating income for the full year 2009 of $170.2 million on net sales of $2,934.9 million and for the fourth quarter 2009 posted operating income of $9.0 million on net sales of $883.2 million.  This compares to operating income of $31.9 million for the full year 2008 on net sales of $4,774.3 million and an operating loss in the fourth quarter 2008 of $153.8 million on net sales of $636.4 million. The 2009 fourth quarter net income was favorably impacted by FIFO accounting in the amount of $20.5 million compared to an unfavorable FIFO impact of $117.1 million in the fourth quarter 2008.

Crude throughput for the full year of 2009 averaged 108,226 barrels per day (bpd), and for the fourth quarter 2009 crude throughput averaged 113,576 bpd.  These figures compare to an average crude throughput of 105,837 bpd for the full year in 2008.  Including all feedstocks and blendstocks, total throughput in 2009 averaged 120,239 bpd for the full year and 125,966 bpd for the fourth quarter.

Gross profit per barrel was $5.42 for the full year 2009 and $1.09 in the fourth quarter.  Refining margin per barrel adjusted for FIFO impact, a non-GAAP measure, was $8.93 for the full year 2009 and $4.21 for the fourth quarter (see footnote 6 in the accompanying tables).

Direct operating expenses per barrel (exclusive of depreciation and amortization) were $3.58 for the full year 2009, down from $3.91 for the full year 2008.  For the fourth quarter 2009, direct operating expenses were $3.53 per barrel, compared to $3.49 per barrel in the fourth quarter of 2008.

Nitrogen Fertilizer Business

Nitrogen fertilizer operations reported 2009 full year operating income of $48.9 million on net sales of $208.4 million, compared to full year operating income of $116.8 million in 2008 on net sales of $263.0 million.  For the fourth quarter 2009, operating income was $7.0 million on net sales of $39.3 million compared to operating income of $21.2 million on net sales of $67.4 million in the fourth quarter of 2008.

The nitrogen fertilizer plant produced 156,600 net tons of ammonia available for sale during 2009, compared to 112,500 net tons in 2008, and for the fourth quarter of 2009 produced 39,300 net tons of ammonia available for sale compared to 29,200 net tons in the fourth quarter of 2008.  The plant produced 677,700 tons of UAN during the full year of 2009 compared to 599,200 tons in 2008, and 176,600 tons of UAN in the fourth quarter 2009 compared to 137,200 tons in the fourth quarter of 2008.

For the full year 2009, average realized sales prices for ammonia and UAN were $314 per ton and $198 per ton respectively, compared to $557 per ton and $303 per ton respectively in 2008.  For the fourth quarter 2009, average realized sales prices for ammonia and UAN were $303 per ton and $132 per ton respectively, compared to $536 and $324 per ton for the same period in 2008.

For the year, the gasification unit had an on-stream rate of 97.4 percent, ammonia was on stream 96.5 percent, and UAN 94.1 percent.  For the quarter, on-stream rates were 98.9 percent for gasification, 98.1 percent for ammonia, and 96.7 percent for UAN.

This news release contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. You can generally identify forward-looking statements by our use of forward-looking terminology such as "anticipate," "believe," "continue," "could," "estimate," "expect," "intend," "may," "might," "plan," "potential," "predict," "seek," "should," or "will," or the negative thereof or other variations thereon or comparable terminology. These forward-looking statements are only predictions and involve known and unknown risks and uncertainties, many of which are beyond our control. For a discussion of risk factors which may affect our results, please see the risk factors and other disclosures included in our annual reports on Form 10-K and  quarterly reports on Form 10-Q filed with the Securities Exchange Commission.  These risks may cause our actual results, performance or achievements to differ materially from any future results, performance or achievements expressed or implied by these forward-looking statements. Given these risks and uncertainties, you are cautioned not to place undue reliance on such forward-looking statements. The forward-looking statements included in this press release are made only as of the date hereof. The Company undertakes no duty to update its forward-looking statements.

About CVR Energy, Inc.

Headquartered in Sugar Land, Texas, CVR Energy, Inc.'s subsidiary and affiliated businesses include an independent refiner that operates a 115,000 barrel per day refinery in Coffeyville, Kan., and markets high value transportation fuels supplied to customers through tanker trucks and pipeline terminals; a crude oil gathering system serving central Kansas, Oklahoma, eastern Colorado, western Missouri and southwest Nebraska; an asphalt and refined fuels storage and terminal business in Phillipsburg, Kan.; and through a limited partnership, an ammonia and urea ammonium nitrate fertilizer business located in Coffeyville, Kan.

For further information, please contact:

Investor Relations:

Media Relations:

Stirling Pack, Jr.

Steve Eames

CVR Energy, Inc.

CVR Energy, Inc.

281-207-3464

281-207-3550

[email protected]

[email protected]

    
    
    
                              CVR Energy, Inc.
    
    The following tables summarize the financial data and key operating 
    statistics for CVR Energy and our two operating segments for the three and
    twelve months ended December 31, 2009 and 2008.  Select balance sheet data
    is as of December 31, 2009 and 2008.  The summary financial data for our 
    two operating segments does not include certain selling, general and 
    administrative expenses and depreciation and amortization related to our 
    corporate offices.
    
                                    Three Months Ended  Twelve Months Ended
                                        December 31,         December 31,
                                        ------------         ------------
                                       2009       2008      2009       2008
                                       ----       ----      ----       ----
                                        (in millions, except share data)
                                         (unaudited)     (unaudited)          
    Consolidated Statement 
     of Operations Data:                    
    Net sales                         $921.9     $699.7   $3,136.3   $5,016.1
    Cost of product sold*              825.7      697.8    2,547.7    4,461.8
    Direct operating expenses* (1)      56.9       58.0      226.0      237.5
    Selling, general and 
     administrative expenses* (1)       (1.5)      14.8       68.9       35.2
    Net costs associated with flood        -       (1.0)       0.6        7.9
    Depreciation and amortization       21.2       20.9       84.9       82.2
    Goodwill impairment (2)                -       42.8          -       42.8
                                         ---       ----        ---       ----
      Operating income (loss)           19.6     (133.6)     208.2      148.7
    Interest expense and other 
     financing costs                   (10.6)     (10.2)     (44.2)     (40.3)
    
    Gain (loss) on derivatives, net     (2.3)     175.8      (65.3)     125.3
    Loss on extinguishment of debt      (1.4)     (10.0)      (2.1)     (10.0)
    Other income, net (1)                0.5        1.7        2.0        4.1
                                         ---        ---        ---       ----
    Income before income tax 
     (expense) benefit                   5.8       23.7       98.6      227.8 
    Income tax (expense) benefit         3.7      (12.6)     (29.2)     (63.9)
                                         ---      -----      -----      -----
      Net income                        $9.5      $11.1      $69.4     $163.9
                                             
                                             
    * Amounts shown are exclusive of depreciation and amortization.         
                                             
                                             
         Basic earnings per share      $0.11      $0.13     $ 0.80      $1.90
         Diluted earnings per share    $0.11      $0.13     $ 0.80      $1.90
    Weighted average common shares 
     outstanding:                           
         Basic                    86,260,539 86,158,206 86,248,205 86,145,543
         Diluted                  86,369,127 86,236,872 86,342,433 86,224,209
    
    
                                         As of December 31, As of December 31,
                                         ------------------ ------------------
                                              2009                 2008
                                              ----                 ----
                                                     (in millions)
                                          (unaudited)
    Balance Sheet Data:
    Cash and cash equivalents                $36.9                 $8.9
    Working capital                          235.4                128.5
    Total assets                           1,614.5              1,610.5
    Total debt, including current portion    491.3                495.9
    Total CVR Stockholders' equity           653.8                579.5
    
    
    
                                    Three Months Ended   Twelve Months Ended
                                       December 31,          December 31, 
                                       ------------          ------------
                                       2009      2008       2009      2008
                                       ----      ----       ----      ----
                                                  (in millions)
                                        (unaudited)     (unaudited)         
                                             
    Other Financial Data:                   
    Cash flows provided by 
     (used in) operating activities   $(32.9)   $(21.6)    $85.3     $83.2
    Cash flows used in investing 
     activities                        (11.8)    (19.0)    (48.3)    (86.5)
    Cash flows used in financing 
     activities                         (5.3)    (10.3)     (9.0)    (18.3)
                                             
    Non-GAAP Measures:                      
                                             
    Reconciliation of Net Income 
     to Adjusted Net Income (Loss):         
    Net income                          $9.5     $11.1     $69.4    $163.9
    Less:                                   
       Unrealized gain (loss) from 
        Cash Flow Swap, net of 
        taxes (3)                       (2.1)    111.0     (24.7)    152.7
                                        ----     -----     -----     -----
       Net income (loss) adjusted for 
        unrealized gain or loss from        
        Cash Flow Swap (3)             $11.6    $(99.9)    $94.1     $11.2
                                             
    Adjustments:                            
       Goodwill impairment (2)             -      42.8         -      42.8
       Share-based compensation, 
        net of taxes (1)               (13.0)     (4.0)      7.3     (32.4)
       FIFO impact (favorable) 
        unfavorable, net of taxes (4)  (12.4)     70.6     (41.0)     61.8
       Major scheduled turnaround, 
        net of taxes                       -       2.0         -       2.0
                                         ---       ---       ---       ---
         Adjusted net income (loss)
         (5)                          $(13.8)    $11.5     $60.4     $85.4
                                             
    Adjusted net income (loss) per 
     diluted share                    $(0.16)    $0.13     $0.70     $0.99
    
    
                                    Three Months Ended  Twelve Months Ended
                                       December 31,         December 31,
                                       ------------         ------------
                                       2009      2008      2009      2008
                                       ----      ----      ----      ----
                                   (in millions, except operating statistics)
                                         (unaudited)   (unaudited)          
    Petroleum Business Financial 
     Results:   
    Net Sales                         $883.2    $636.4  $2,934.9  $4,774.3
    Cost of product sold*              818.8     691.0   2,514.3   4,449.4
    Direct operating expenses* (1)      36.9      31.3     141.6     151.4
    Net costs associated with flood        -      (1.5)      0.6       6.4
    Depreciation and amortization       16.1      15.9      64.4      62.7
                                        ----      ----      ----      ----
         Gross profit (loss)           $11.4   $(100.3)   $214.0    $104.4
    Plus direct operating expenses* (1) 36.9      31.3     141.6     151.4
    Plus net costs associated with flood   -      (1.5)      0.6       6.4
    Plus depreciation and amortization  16.1      15.9      64.4      62.7
                                        ----      ----      ----      ----
    Refining margin (6)                $64.4    $(54.6)   $420.6    $324.9
    FIFO impact (favorable) 
     unfavorable (4)                   (20.5)    117.1     (67.9)    102.5
                                       -----     -----     -----     -----
    Refining margin adjusted for 
     FIFO impact (7)                   $43.9     $62.5    $352.7    $427.4
                                             
    Operating income (loss)             $9.0   $(153.8)   $170.2     $31.9
    Goodwill impairment (2)                -      42.8         -      42.8
    Share-based compensation (1)        (5.1)     (1.3)     (3.7)    (10.8)
    FIFO impact (favorable) 
     unfavorable (4)                   (20.5)    117.1     (67.9)    102.5
                                       -----     -----     -----     -----
    Adjusted operating income 
     (loss) (8)                       $(16.6)     $4.8     $98.6    $166.4
                                             
    Petroleum Key Operating Statistics:     
    Per crude oil throughput barrel:        
       Refining margin (6)             $6.17    $(6.08)   $10.65     $8.39
       FIFO impact (favorable) 
        unfavorable (4)                (1.96)    13.03     (1.72)     2.64
       Refining margin adjusted for 
        FIFO impact (7)                 4.21      6.95      8.93     11.03
       Gross profit (loss)              1.09    (11.17)     5.42      2.69
       Direct operating expenses* (1)   3.53      3.49      3.58      3.91
    
    
    * Amounts shown are exclusive of depreciation and amortization
    
    
                                               Three Months Ended       
                                                   December 31,
                                                   ------------          
                                             2009               2008     
                                             ----               ----
    Refining Throughput and                        (unaudited)
     Production Data                                         
       (barrels per day)                    
    Throughput:                             
       Sweet                          82,862     65.8%    70,034     63.2%
       Light/medium sour              17,768     14.1%    17,448     15.8%
       Heavy sour                     12,946     10.3%    10,175      9.2%
                                      ------     ----     ------      --- 
          Total crude oil throughput 113,576     90.2%    97,657     88.2%
       All other feed and blendstocks 12,390      9.8%    13,074     11.8%
                                      ------      ---     ------     ---- 
          Total throughput           125,966    100.0%   110,731    100.0%
    
    Production:                             
      Gasoline                        65,865     51.7%    55,833     50.2%
      Distillate                      50,111     39.3%    44,526     40.0%
      Other (excluding internally 
       produced fuel)                 11,462      9.0%    10,843      9.8%
                                      ------      ---     ------      --- 
          Total refining production
           (excluding internally 
           produced fuel)            127,438    100.0%   111,202    100.0%
    
    Product price (dollars per gallon):     
       Gasoline                        $1.94               $1.36          
       Distillate                      $2.00               $1.87          
    
    
    Market Indicators (dollars per barrel):
    West Texas Intermediate (WTI)
     NYMEX                            $76.13              $59.08          
    Crude Oil Differentials:
     WTI less WTS (light/medium sour)   2.23                3.53          
      WTI less WCS (heavy sour)        10.33               14.56          
    NYMEX Crack Spreads:                    
       Gasoline                         5.20               (2.71)          
       Heating Oil                      7.46               18.35          
       NYMEX 2-1-1 Crack Spread         6.33                7.82          
     PADD II Group 3 Basis:                 
       Gasoline                        (0.62)               1.41          
       Ultra Low Sulfur Diesel         (0.45)               3.00          
     PADD II Group 3 Product Crack:         
       Gasoline                         4.58               (1.30)          
       Ultra Low Sulfur Diesel          7.01               21.36     
     PADD II Group 3 2-1-1              5.80               10.03
    
    
                                                        
                                              Twelve Months Ended
                                                  December 31,
                                                  ------------
                                             2009               2008
                                             ----               ----
    Refining Throughput and              (unaudited)          
     Production Data                
      (barrels per day)                     
    Throughput:                             
       Sweet                          82,598     68.7%    77,315     65.7%
       Light/medium sour              15,602     13.0%    16,795     14.3%
       Heavy sour                     10,026      8.3%    11,727     10.0%
                                      ------      ---     ------     ----
          Total crude oil throughput 108,226     90.0%   105,837     90.0%
       All other feed and blendstocks 12,013     10.0%    11,882     10.0%
                                      ------     ----     ------     ----
          Total throughput           120,239    100.0%   117,719    100.0%
                                             
    Production:                             
      Gasoline                        62,309     51.6%    56,852     48.0%
      Distillate                      46,909     38.8%    48,257     40.7%
      Other (excluding internally 
       produced fuel)                 11,549      9.6%    13,422     11.3%
                                      ------      ---     ------     ---- 
          Total refining production         
           (excluding internally 
            produced fuel)           120,767    100.0%   118,531    100.0%
                                             
    Product price (dollars per gallon):     
       Gasoline                        $1.68               $2.50          
       Distillate                      $1.68               $3.00          
                                             
                                             
    Market Indicators (dollars 
     per barrel):                           
    West Texas Intermediate 
     (WTI) NYMEX                      $62.09              $99.75          
    Crude Oil Differentials:                
     WTI less WTS (light/medium sour)   1.70                3.44          
      WTI less WCS (heavy sour)         7.82               18.72          
    NYMEX Crack Spreads:                    
       Gasoline                         9.05                4.76          
       Heating Oil                      8.03               20.25          
       NYMEX 2-1-1 Crack Spread         8.54               12.50          
     PADD II Group 3 Basis:                 
       Gasoline                        (1.25)               0.12          
       Ultra Low Sulfur Diesel          0.03                4.22          
     PADD II Group 3 Product Crack:         
       Gasoline                         7.81                4.88          
       Ultra Low Sulfur Diesel          8.06               24.47    
    PADD II Group 3 2-1-1               7.93               14.68
    
    
    
                                      Three Months Ended  Twelve Months Ended
                                          December 31,       December 31,
                                          ------------       ------------
                                        2009      2008      2009      2008
                                        ----      ----      ----      ----
                                           (in millions, except as noted)
                                          (unaudited)   (unaudited)          
    Nitrogen Fertilizer Business 
     Financial Results:   
                                             
    Net sales                          $39.3     $67.4    $208.4    $263.0
    Cost of product sold*                7.5      10.7      42.2      32.6
    Direct operating expenses* (1)      20.1      26.7      84.5      86.1
    Net cost associated with flood         -         -         -         - 
    Depreciation and amortization        4.7       4.5      18.7      18.0
                                             
    Operating Income                    $7.0     $21.2     $48.9    $116.8
    Share-based compensation (1)        (2.6)     (1.6)      3.2     (10.6)
    Major scheduled turnaround             -       3.3         -       3.3
                                         ---       ---       ---      ----
    Adjusted operating income (8)       $4.4     $22.9     $52.1    $109.5
    
    
    
    Nitrogen Fertilizer Key Operating 
     Statistics:                            
                                             
    Production (thousand tons):             
       Ammonia (gross produced) (9)    111.8      85.6     435.2     359.1
       Ammonia (net available for
        sale) (9)                       39.3      29.2     156.6     112.5
       UAN                             176.6     137.2     677.7     599.2
                                             
    Petroleum coke consumed 
     (thousand tons)                   123.1     102.1     483.5     451.9
    Petroleum coke (cost per ton)        $15       $33       $27       $31
                                             
    Sales (thousand tons):                  
       Ammonia                          34.4      34.2     159.9      99.4
       UAN                             177.1     132.2     686.0     594.2
                                       -----     -----     -----     -----
           Total sales                 211.5     166.4     845.9     693.6
                                             
    Product pricing (plant gate) 
     (dollars per ton) (10):                
       Ammonia                          $303      $536      $314      $557
       UAN                              $132      $324      $198      $303
                                             
    On-stream factors (11):                 
       Gasification                     98.9%     78.0%     97.4%     87.8%
       Ammonia                          98.1%     76.4%     96.5%     86.2%
       UAN                              96.7%     74.7%     94.1%     83.4%
                                             
    Reconciliation to net sales 
     (dollars in millions):                 
       Freight in revenue               $5.3      $5.3     $21.3     $18.9
       Hydrogen revenue                  0.2       1.0       0.8       9.0
       Sales net plant gate             33.8      61.1     186.3     235.1
                                        ----      ----     -----     -----
           Total net sales             $39.3     $67.4    $208.4    $263.0
                                             
    Market Indicators:                      
       Natural gas NYMEX (dollars 
        per MMBtu)                     $4.93     $6.40     $4.16     $8.91
       Ammonia - Southern Plains 
        (dollars per ton)               $302      $619      $306      $707
       UAN - Mid Cornbelt (dollars 
        per ton)                        $198      $397      $218      $422
    
    
    (1)  The Company has two classifications for share-based compensation 
         awards. Phantom Unit Plan awards are accounted for as liability 
         based awards. In accordance with Financial Accounting Standards 
         Board ("FASB") Accounting Standards Codification ("ASC") ASC 718, 
         Compensation – Stock Compensation, the expense associated with 
         these awards is based on the current fair value of the awards. These
         awards are remeasured at each reporting date until the awards are 
         settled in their entirety. Override unit awards are accounted for as 
         equity-classified awards using the guidance for non-employee awards 
         prescribed by FASB ASC 323.  ASC 323 includes guidance for the proper
         accounting by an investor for stock-based compensation granted to 
         employees of an equity method investee.  In addition, guidance set 
         forth in FASB ASC 505, provides the treatment related to accounting 
         for equity investments that are issued to other than employees for 
         acquiring, or in conjunction with selling goods or services. In 
         accordance with that guidance, the expense associated with these 
         awards is based on the current fair value of the awards. These awards
         are remeasured at each reporting date until the awards are vested 
         (when the performance commitment is reached). The value of all of 
         these awards can fluctuate significantly between periods.
    
         The compensation expense associated with our Phantom Unit Plan and 
         override units is recorded in direct operating expenses, selling, 
         general and administrative expenses, and other income.  Below is a 
         breakdown of the expense by statement of operations caption and by 
         business segment. 
    
    
    
                                    Three Months Ended    Twelve Months Ended
                                        December 31,          December 31,
                                        ------------          ------------ 
                                       2009      2008       2009      2008
                                       ----      ----       ----      ----
                                                 (in millions)
    Share-based compensation 
     recorded in direct operating        (unaudited)    (unaudited)
     expenses:                              
         Petroleum                     $(0.4)    $(0.3)    $(0.3)    $(4.6)
         Nitrogen                       (0.4)     (0.2)      0.2      (1.6)
         Corporate                         -         -         -         -
                                         ---       ---       ---       ---
                                        (0.8)     (0.5)     (0.1)     (6.2)
                                             
    Share-based compensation recorded in    
     selling, general and administrative 
     expenses:                              
         Petroleum                      (4.7)     (1.0)     (3.4)     (6.2)
         Nitrogen                       (2.2)     (1.4)      3.0      (9.0)
         Corporate                      (8.9)     (3.0)      9.3     (21.1)
                                        ----      ----       ---     -----
                                       (15.8)     (5.4)      8.9     (36.3)
                                             
    Share-based compensation recorded
     in other income                       -       0.3         -         -
                                         ---       ---       ---       ---
                                             
    Total share-based compensation    $(16.6)    $(5.6)     $8.8    $(42.5)
    Income tax expense (benefit) of 
     share-based compensation            3.6       1.6      (1.5)     10.1
                                         ---       ---      ----      ----
       Share-based compensation, 
        net of taxes                  $(13.0)    $(4.0)     $7.3    $(32.4)
    
    (2)  Upon applying the goodwill impairment testing criteria under 
         existing accounting rules during the fourth quarter of 2008, we 
         determined that the goodwill of the petroleum segment was impaired,
         which resulted in a goodwill impairment loss of $42.8 million in the
         fourth quarter.  This goodwill impairment is included in the 
         petroleum segment operating income (loss) adjusted for special items
         but is excluded in the refining margin and the refining margin per 
         crude oil throughput barrel data.
    
    (3)  The unrealized gain (loss) from Cash Flow Swap related to the 
         derivative transaction that was executed in conjunction with the 
         acquisition of Coffeyville Group Holdings, LLC by Coffeyville 
         Acquisition LLC on June 24, 2005. On June 16, 2005, Coffeyville 
         Acquisition LLC entered into the Cash Flow Swap with J. Aron & 
         Company, a subsidiary of The Goldman Sachs Group, Inc., and a related
         party of ours. The Cash Flow Swap was subsequently assigned from 
         Coffeyville Acquisition LLC to Coffeyville Resources, LLC on June 24,
         2005. The derivative took the form of three NYMEX swap agreements 
         whereby if absolute (i.e., in dollar terms, not a percentage of crude
         oil prices) crack spreads fell below the fixed level, J. Aron agreed
         to pay the difference to us, and if crack spreads rose above the 
         fixed level, we agreed to pay the difference to J. Aron. Based upon 
         expected crude oil capacity of 115,000 bpd, the Cash Flow Swap 
         represented approximately 14% of crude oil capacity for the period 
         from July 1, 2009 through June 30, 2010.
    
         We have determined that the Cash Flow Swap did not qualify as a hedge
         for hedge accounting purposes under current U.S. generally accepted 
         accounting principles ("GAAP"). As a result, our periodic Statements 
         of Operations reflected in each period material amounts of unrealized
         gains and losses based on the increases or decreases in market value 
         of the unsettled position under the swap agreements which are 
         accounted for as an asset (receivable from swap counterparty) or 
         liability (payable to swap counterparty) on our balance sheet, as 
         applicable. As the absolute crack spreads increased, we were required
         to record an increase in the liability account with a corresponding 
         expense entry to be made to our Statement of Operations. Conversely, 
         as absolute crack spreads decline, we were required to record a 
         decrease in the swap related liability and post a corresponding 
         income entry to our Statement of Operations. Because of this inverse 
         relationship between the economic outlook for our underlying 
         business (as represented by crack spread levels) and the income 
         impact of the unrealized gains and losses, and given the significant 
         periodic fluctuations in the amounts of unrealized gains and losses, 
         management utilized net income (loss) adjusted for unrealized gain or
         loss from Cash Flow Swap as a key indicator of our business 
         performance. In managing our business and assessing its growth and 
         profitability from a strategic and financial planning perspective, 
         management and our board of directors consider our GAAP net income 
         results as well as net income (loss) adjusted for unrealized gain or 
         loss from Cash Flow Swap. We believe that net income (loss) adjusted 
         for unrealized gain or loss from Cash Flow Swap, enhances the 
         understanding of our results of operations by highlighting 
         income attributable to our ongoing operating performance exclusive of
         charges and income resulting from mark-to-market adjustments that are
         not necessarily indicative of the performance of our underlying 
         business and our industry. The adjustment has been made for the 
         unrealized gain or loss from Cash Flow Swap net of its related tax 
         effect.
    
         Net income (loss) adjusted for unrealized gain or loss from Cash Flow
         Swap is not a recognized financial measure under GAAP and should not 
         be substituted for net income as a measure of our performance but 
         instead should be utilized as a supplemental measure of financial 
         performance in evaluating our business. Our presentation of this non-
         GAAP measure may not be comparable to similarly titled measures of 
         other companies. We believe that net income (loss) adjusted for 
         unrealized gain or loss from Cash Flow Swap is important to enable 
         investors to better understand and evaluate our ongoing operating 
         results and allows for greater transparency in the review of our 
         overall financial, operational and economic performance.
    
         The Cash Flow Swap terminated effective October 8, 2009. The 
         termination resulted in a settlement whereby J. Aron paid Coffeyville
         Resources, LLC approximately $3.9 million. The Company was permitted 
         to terminate the Cash Flow Swap pursuant to an amendment to the 
         company's credit agreement entered into on October 2, 2009.
    
    (4)  First-in, first-out (FIFO) is the Company's basis for determining 
         inventory value on a GAAP basis. Changes in crude oil prices can 
         cause fluctuations in the inventory valuation of our crude oil, work
         in process and finished goods thereby resulting in favorable FIFO 
         impacts when crude oil prices increase and unfavorable FIFO impacts 
         when crude oil prices decrease. The FIFO impact is calculated based 
         upon inventory values at the beginning of the accounting period and 
         at the end of the accounting period. In order to derive the FIFO 
         impact per crude oil throughput barrel, we utilize the total dollar 
         figures for the FIFO impact and divide by the number of crude oil 
         throughput barrels for the period. Below is the gross and tax 
         affected FIFO impacts for the applicable periods:
    
    
                                   Three Months Ended   Twelve Months Ended  
                                       December 31,         December 31,
                                       ------------         ------------  
                                      2009      2008       2009      2008 
                                      ----      ----       ----      ----
                                                 (in millions)          
                                        (unaudited)    (unaudited)          
    Petroleum:                                        
                                                        
    FIFO impact (favorable) 
     unfavorable                      $(20.5)   $117.1    $(67.9)   $102.5
    Income tax expense (benefit) 
     of FIFO                             8.1     (46.5)     26.9     (40.7)
                                         ---     -----      ----     -----
    FIFO impact, (favorable) 
    unfavorable net of taxes          $(12.4)    $70.6    $(41.0)    $61.8
    
    
    (5)  Net income (loss) adjusted for unrealized gain or loss from Cash Flow
         Swap and other items results from adjusting net income for items that
         the Company believes are needed in order to evaluate results in a 
         more comparative analysis from period to period. For the three and 
         twelve months ended December 31, 2009 and 2008, these items included 
         the unrealized gain (loss) from Cash Flow Swap, share-based 
         compensation expense, goodwill impairment, the Company's impact of 
         the accounting for its inventory under FIFO and major scheduled 
         turnaround expenses. Adjusted net income (loss) is not a recognized 
         term under GAAP and should not be substituted for net income (loss) 
         as a measure of our performance but rather should be utilized as a 
         supplemental measure of financial performance in evaluating our 
         business. Management believes that adjusted net income (loss) 
         provides relevant and useful information that enables investors to 
         better understand and evaluate our ongoing operating results and 
         allow for greater transparency in the review of our overall 
         financial, operational and economic performance.  
    
    (6)  Refining margin is a measurement calculated as the difference between
         net sales and cost of product sold (exclusive of depreciation and 
         amortization). Refining margin is a non-GAAP measure that we believe 
         is important to investors in evaluating our refinery's performance as
         a general indication of the amount above our cost of product sold 
         that we are able to sell refined products. Each of the components 
         used in this calculation (net sales and cost of product sold 
         exclusive of depreciation and amortization) can be taken directly 
         from our Statement of Operations. Our calculation of refining margin 
         may differ from similar calculations of other companies in our 
         industry, thereby limiting its usefulness as a comparative measure. 
         In order to derive the refining margin per crude oil throughput 
         barrel, we utilize the total dollar figures for refining margin as 
         derived above and divide by the applicable number of crude oil 
         throughput barrels for the period. We believe that refining margin is
         important to enable investors to better understand and evaluate our 
         ongoing operating results and allow for greater transparency in the 
         review of our overall financial, operational and economic 
         performance.
    
    (7)  Refining margin adjusted for FIFO impact is a measurement calculated 
         as the difference between net sales and cost of product sold 
         (exclusive of depreciation and amortization) adjusted for FIFO 
         impacts. Under our FIFO accounting method, changes in crude oil 
         prices can cause fluctuations in the inventory valuation of our crude
         oil, work in process and finished goods, thereby resulting in 
         favorable FIFO impacts when crude oil prices increase and unfavorable
         FIFO impacts when crude oil prices decrease. Refining margin adjusted
         for FIFO impact is a non-GAAP measure that we believe is important to
         investors in evaluating our refinery's performance as a general 
         indication of the amount above our cost of product sold (taking into
         account the impact of our utilization of FIFO) that we are able to 
         sell refined products. Our calculation of refining margin adjusted 
         for FIFO impact may differ from calculations of other companies in 
         our industry, thereby limiting its usefulness as a comparative 
         measure.
    
    (8)  Adjusted operating income (loss), adjusted for impacts of other items
         is a non-GAAP measure that we believe is important in evaluating the 
         on-going operations of our segments. This calculation is made in 
         order to adjust for what the Company believes are significant non-
         operating items such as the impact of our share-based compensation, 
         major scheduled turnaround costs and the impacts of our accounting 
         under FIFO for the petroleum segment.  In addition, management \
         evaluates operating income adjusted for non-recurring events, such as
         the goodwill impairment recognized in the Petroleum segment in 2008. 
    
         Adjusted operating income (loss) is not a recognized term under GAAP 
         and should not be substituted for operating income as a measure of 
         our performance but instead should be utilized as a supplemental 
         measure of financial performance in evaluating our business. We 
         believe that adjusted operating income (loss) is important to enable 
         investors to better understand and evaluate our ongoing operating 
         results and allow for greater transparency in the review of our 
         overall financial, operational and economic performance.
    
    (9)  The gross tons produced for ammonia represent the total ammonia 
         produced, including ammonia produced that was upgraded into UAN.  The
         net tons available for sale represent the ammonia available for sale 
         that was not upgraded into UAN.
    
    (10) Plant gate sales per ton represent net sales less freight and 
         hydrogen revenue divided by product sales volume in tons in the 
         reporting period. Plant gate pricing per ton is shown in order to 
         provide a pricing measure that is comparable across the fertilizer 
         industry.
    
    (11) On-stream factor is the total number of hours operated divided by the
         total number of hours in the reporting period. Excluding the impact 
         of the Linde air separation unit outage in 2009 and the major 
         scheduled  turnaround in 2008, (i) the on-stream factors for the 
         three months ended December 31, 2009 would not have changed, (ii) the
         on-stream factors for the twelve months ended December 31, 2009 
         adjusted for the Linde air separation unit outage would have been 
         99.3% for gasifier, 98.4% for ammonia and 96.1% for UAN, (iii) the 
         on-stream factors for the three months ended December 31, 2008 
         adjusted for turnaround would have been 93.8% for gasifier, 92.1% for
         ammonia and 90.4% for UAN, and (iv) the on-stream factors for the 
         twelve months ended December 31, 2008 adjusted for turnaround would 
         have been 91.7% for gasifier, 90.2% for ammonia and 87.4% for UAN.  
    

Use of Non-GAAP Financial Measures

To supplement the actual results in accordance with GAAP for the applicable periods, the Company also uses non-GAAP measures as discussed above, which are adjusted for GAAP-based results.  The use of non-GAAP adjustments are not in accordance with or an alternate for GAAP.  The adjustments are provided to enhance an overall understanding of the Company's financial performance for the applicable periods and are indicators management believes are relevant and useful for planning and forecasting future periods.

SOURCE CVR Energy, Inc.

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