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Peet's Coffee & Tea, Inc. Reports Fourth Quarter and 2009 Year-End Results


News provided by

Peet's Coffee & Tea, Inc.

Feb 17, 2010, 05:23 ET

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EMERYVILLE, Calif., Feb. 17 /PRNewswire-FirstCall/ -- Peet's Coffee & Tea, Inc. (Nasdaq: PEET) today announced its fourth quarter and annual results for the fiscal year ended January 3, 2010, which included 14 weeks and 53 weeks, respectively. The fiscal fourth quarter and fiscal year ended December 28, 2008, included 13 weeks and 52 weeks, respectively.

(Logo: http://www.newscom.com/cgi-bin/prnh/20070606/AQW139LOGO)

In this release, the company:

  • Reports net revenue growth for the quarter and the year of 16% and 9%, respectively
  • Achieves full year diluted earnings per share of $1.44
  • Reports non-GAAP full year diluted earnings per share of $1.09, up 36% versus 2008, and above the company's prior guidance of $1.04 to $1.06 per share
  • Confirms 2010 non-GAAP diluted earnings per share guidance of $1.24 to $1.30, excluding legal and related expenses the company expects to incur to comply with a subpoena it recently received from the Federal Trade Commission in connection with its anti-trust review of the proposed Green Mountain Coffee Roasters acquisition of Diedrich Coffee.
    
    
    Financial Highlights
    
                               Fourth Quarter    %      Fiscal Year       %   
                                2009    2008  Change   2009     2008   Change
                                ----    ----  ------   ----     ----   ------ 
                                                                              
    Net revenue, as
     reported                $91,695 $79,146     16% $311,270 $284,822     9%
    Non-GAAP net revenue,                                                     
     excluding 53rd week      86,103  79,146      9%  305,678  284,822     7%
                                                                              
    Net income per diluted                                                    
     share, as reported        $0.76   $0.29    162%    $1.44    $0.80    80%
                                                                              
    Non-GAAP diluted net
     income per share,                                    
     excluding unusual items   $0.41   $0.29     41%    $1.09    $0.80    36%
                                                                              
    Non-GAAP diluted net
     income per share,                                    
     excluding unusual items                                                  
     and 53rd week             $0.36   $0.29     24%    $1.04    $0.80    30%
    
    
    

For the 14 weeks ended January 3, 2010, net revenue increased 16% to $91.7 million from $79.1 million for the corresponding period of fiscal 2008. For the 53-week fiscal year ended January 3, 2010, net revenue increased 9% to $311.3 million from $284.8 million for fiscal 2008.

The company recognized $5.6 million in net revenue during the 53rd week of the 2009 fiscal year.  Excluding the impact of this week, the company would have reported sales growth of 9% and 7% for the quarter and the full year on a comparable 13-week and 52-week basis, respectively.

Net income for the 14 weeks ended January 3, 2010, increased to $10.3 million from $4.0 million for the corresponding 13-week period of fiscal 2008. Diluted earnings per share were $0.76 for the 14-week period of fiscal 2009 compared to $0.29 per share for the corresponding 13-week period of fiscal 2008. Net income for the quarter includes a pre-tax benefit of $7.7 million ($4.8 million after tax or $0.35 per diluted share) comprised of unusual items including: the net gain received from the company's attempted acquisition of Diedrich Coffee ("Diedrich") ($7.2 million after tax), the anticipated settlement and legal costs of a class action lawsuit ($1.7 million after tax), and the costs related to closing 4 stores during the quarter ($0.7 million after tax).  Excluding these unusual items, non-GAAP diluted earnings per share would have been $0.41.

Net income for 2009 increased to $19.3 million from $11.2 million for 2008. Diluted earnings per share were $1.44 for 2009, compared to $0.80 per diluted share for fiscal 2008.  Excluding the unusual items listed above, non-GAAP diluted earnings per share for 2009 would have been $1.09, up 36% versus 2008.

The company estimates that the additional week in 2009 contributed $0.7 million in net income for the year, or $0.05 per diluted share. Excluding this extra week, non-GAAP diluted earnings per share would have been $1.04 versus $0.80 per diluted share for fiscal 2008, which represents 30% growth on a comparable basis.

"We finished the year strongly," said Patrick O'Dea, president and chief executive officer of Peet's Coffee & Tea, Inc. "Our grocery business growth is accelerating and our stores are operating at a high performance level. We're entering 2010 with good momentum, a healthy plate of growth initiatives and a very strong balance sheet. All in all, we're well positioned to drive strong earnings growth again this year."

Consolidated Financial and Operating Summary

Retail net revenue increased 11% to $56.5 million for the 14 weeks ended January 3, 2010, from $50.9 million for the corresponding period of fiscal 2008. Excluding the impact of the extra week in 2009, retail net revenue increased 4% to $52.8 million. The increase was primarily attributable to the opening of 8 new retail stores in the last 12 months.

Specialty net revenue increased 25% to $35.2 million for the 14 weeks ended January 3, 2010 compared to $28.3 million for the corresponding period of fiscal 2008. Excluding the impact of the extra week in 2009, total specialty net revenue increased 18% to $33.3 million.  Within specialty sales, the grocery business continues to grow the most rapidly, up 39% over last year (30% on a comparable 13-week basis); foodservice and office business grew 16% (10% on a comparable 13-week basis); and home delivery sales were equal to last year (down 4% on a comparable 13-week basis).

Cost of sales and related occupancy expenses were 46.9% of total net revenue for the 14 weeks ended January 3, 2010, compared to 46.8% for the corresponding 13-week period of fiscal 2008.  The slight increase resulted from a slightly lower average selling price per pound compared to the prior year partially offset by lower commodity costs.

Operating expenses as a percentage of net revenue decreased to 32.6% for the 14 weeks ended January 3, 2010 from 32.7% for the corresponding period of fiscal 2008, primarily due to leverage of retail overhead costs, offset by a reduction in our workers compensation reserve in the prior year.  

Transaction income includes the $8.5 million break-up fee received for the termination of a definitive agreement for Peet's to acquire Diedrich, net of $4.2 million of costs incurred related to the transaction.

Litigation related expenses of $2.8 million includes all costs incurred related to the pending settlement of a wage and hour class action lawsuit that was filed in July 2008 against the company.

General and administrative expenses increased to $7.0 million for the 14 weeks ended January 3, 2010, compared to $6.3 million for the corresponding period of fiscal 2008 primarily due to higher payroll related costs and the costs of the 53rd week of operations.


Depreciation and amortization expenses increased to $4.0 million for the 14 weeks ended January 3, 2010, compared to $3.5 million for the corresponding period of fiscal 2008. The increase was primarily due to depreciation from our new Enterprise Resource Planning (ERP) system and the opening of 8 new retail stores in the last 12 months.

The company recorded a $7.3 million pre-tax gain in the quarter for the sale of stock that it had acquired in Diedrich within the last year.

The effective income tax rate for the 14 weeks ended January 3, 2010 was 38.3% compared to 37.7% for the corresponding period of 2008.  The 2009 full year effective rate was 37.5%, compared to 37.0% for the full year 2008.

The company ended 2009 with cash and cash equivalents plus investments of $47.9 million, compared to $13.3 million at year end 2008.

Fiscal 2010 Targets

Looking ahead, the company provided additional detail on current fiscal 2010 targets:

  • The company is targeting total net revenue growth of approximately 8% to 12%, excluding the impact of the 53rd week in fiscal 2009, resulting in 2010 net revenue of approximately $330 to $340 million
  • The company is targeting non-GAAP diluted earnings per share of $1.24 to $1.30 for fiscal 2010, which represents diluted earnings per share growth of 19% to 25% off of non-GAAP comparable 52-week earnings per share of $1.04 in 2009.  This earnings forecast excludes legal and related expenses the company will incur to comply with a subpoena it recently received from the Federal Trade Commission in connection with its anti-trust review of the proposed Green Mountain Coffee Roasters acquisition of Diedrich.

Peet's Coffee & Tea, Inc. Q4 and 2009 Year-End Conference Call

Peet's will report its fourth quarter and 2009 year-end earnings via conference call on Wednesday, February 17, 2010.  The teleconference call will begin at 2:00 p.m. PT/5 p.m. ET and can be accessed by calling 1-866-748-8653.   The call will be simultaneously webcast on Peet's website at http://investor.peets.com/events.cfm.

A replay of the teleconference will be available from 5:00 p.m. PT/8:00 p.m. ET through 8:59 p.m. PT/11:59 p.m. ET on Wednesday, February 24, 2010, at 1-800-642-1687 or 1-706-645-9291, using access code 5661489. It will also be archived at http://investor.peets.com/medialist.cfm through February 17, 2011, at 8:59 p.m. PT/11:59 ET.

The company has also posted on its website at http://investor.peets.com/events.cfm a detailed reconciliation of all non-GAAP reporting for the year and quarter, including non-GAAP segment reporting.

ABOUT PEET'S COFFEE & TEA, INC.

Peet's Coffee & Tea, Inc., (PEET), is the premier specialty coffee and tea company in the United States.  The company was founded in 1966 in Berkeley, California by Alfred Peet. Peet was an early tea authority who later became widely recognized as the grandfather of specialty coffee in the U.S. Today, Peet's Coffee & Tea offers superior quality coffees and teas in multiple forms, by sourcing the best quality coffee beans and tea leaves in the world, adhering to strict high quality and taste standards, and controlling product quality though its unique direct store delivery selling and merchandising system.  Peet's is committed to strategically growing its business through many channels while maintaining the extraordinary quality of its coffees and teas. For more information about Peet's Coffee & Tea, Inc. visit www.peets.com.

This press release contains statements that are not based on historical fact and are "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995. These forward looking statements include statements relating to 2010 forecasted net revenue and earnings per diluted share. Forward-looking statements are based on management's beliefs, as well as assumptions made by and information currently available to management, including financial and operational information, the company's stock price volatility, and current competitive conditions.  As a result, these statements are subject to various risks and uncertainties.  The company's actual results could differ materially from those set forth in forward-looking statements depending on a variety of factors including, but not limited to, general economic conditions, including the current recession and its ongoing negative impact on consumer spending, the company's ability to manage its expense relating to the inquiry by the Federal Trade Commission into the proposed acquisition of Diedrich by Green Mountain Coffee Roasters; the company's ability to implement its business strategy, attract and retain customers, and obtain and expand its market presence in new geographic regions; the availability and cost of high quality Arabica coffee beans; consumers' tastes and preferences; complaints or claims by current, former or prospective employees or government agencies or other litigation; and competition in its market as well as other risk factors as described more fully in the company's filings with the Securities and Exchange Commission, including its Annual Report on Form 10-K for the year ended December 28, 2008.  These factors may not be exhaustive.  The company operates in a continually changing business environment, and new risks emerge from time to time.  Any forward-looking statements speak only as of the date of this press release.

    
                          PEET’S COFFEE & TEA, INC.                      
                                                                         
                         CONSOLIDATED BALANCE SHEETS                     
                     (In thousands, except share amounts)                
                                                                         
                                                     January 3, December 28,
                                                       2010         2008
                                                       ----         ----
                                                                         
    ASSETS                                                               
                                                                         
    Current assets                                                       
      Cash and cash equivalents                      $47,934       $4,719
      Short-term marketable securities                     -        8,600
      Accounts receivable, net                        15,209       11,924
      Inventories                                     25,936       26,124
      Deferred income taxes - current                  3,592        2,922
      Prepaid expenses and other                       5,863        7,193
                                                       -----        -----
         Total current assets                         98,534       61,482
                                                                         
    Property, plant and equipment, net               103,494      107,914
    Deferred income taxes - non current                    -        3,059
    Other assets, net                                  2,775        3,897
                                                       -----        -----
                                                                         
    Total assets                                    $204,803     $176,352
                                                    ========     ========
                                                                         
    LIABILITIES AND SHAREHOLDERS' EQUITY                                 
                                                                         
    Current liabilities                                                  
      Accounts payable and other accrued                                 
       liabilities                                   $13,669       $9,858
      Accrued compensation and benefits               10,832        8,852
      Deferred revenue                                 6,845        6,350
                                                       -----        -----
         Total current liabilities                    31,346       25,060
                                                                         
    Deferred income taxes - non current                  321            -
    Deferred lease credits                             7,059        6,645
    Other long-term liabilities                        1,021          740
                                                       -----          ---
    Total liabilities                                 39,747       32,445
                                                                         
    Shareholders' equity                                                 
      Common stock, no par value; authorized
       50,000,000 shares; issued and outstanding: 
        13,104,000 and 13,174,000 shares              92,054       90,123
      Accumulated other comprehensive income               -           34
      Retained earnings                               73,002       53,750
                                                      ------       ------
                                                                         
         Total shareholders' equity                  165,056      143,907
                                                     -------      -------
                                                                         
    Total liabilities and shareholders' equity      $204,803     $176,352
                                                    ========     ========
    
    
                            PEET’S COFFEE & TEA, INC.                       
                                                                            
                        CONSOLIDATED STATEMENTS OF INCOME                   
                    (In thousands, except per share amounts)                
                                                                            
                                                                            
                                   Fourteen   Thirteen  Fifty-three  Fifty-two
                                     weeks      weeks      weeks       weeks  
                                     ended      ended      ended       ended 
                                    January   December   January     December
                                       3,        28,        3,          28,  
                                     2010       2008        2010       2008
                                     ----       ----        ----       ----
                                                                            
      Retail stores                $56,453    $50,890    $201,139   $187,719
      Specialty sales               35,242     28,256     110,131     97,103
                                    ------     ------     -------     ------
    Net revenue                     91,695     79,146     311,270    284,822
                                                                            
      Cost of sales and related                                             
       occupancy expenses           42,964     37,059     142,776    133,537
      Operating expenses            29,848     25,910     106,652     98,844
      Transaction income, net       (4,311)         -      (4,183)         -
      Litigation related expenses    2,811          -       2,957          -
      General and administrative                                            
       expenses                      7,000      6,286      24,508     22,519
      Depreciation and                                                      
       amortization expenses         3,967      3,526      15,167     12,921
                                     -----      -----      ------     ------
    Total costs and expenses                                                
     from operations                82,279     72,781     287,877    267,821
                                    ------     ------     -------    -------
                                                                            
    Income from operations           9,416      6,365      23,393     17,001
                                                                            
    Gain on sale of securities       7,305          -       7,305          -
    Interest income, net                 1         90         112        726
                                        --         --         ---        ---
                                                                            
    Income before income taxes      16,722      6,455      30,810     17,727
                                                                            
    Income tax provision             6,400      2,435      11,558      6,562
                                     -----      -----      ------      -----
                                                                            
    Net income                     $10,322     $4,020     $19,252    $11,165
                                   =======     ======     =======    =======
                                                                            
    Net income per share:                                                   
         Basic                       $0.79      $0.30       $1.48      $0.81
         Diluted                     $0.76      $0.29       $1.44      $0.80
                                                                            
    Shares used in calculation
     of net income per share:                     
         Basic                      13,055     13,417      12,997     13,723
         Diluted                    13,591     13,655      13,349     13,997
                                                                            
                           
    
    
    
                           PEET’S COFFEE & TEA, INC.                       
                                                                           
                     CONSOLIDATED STATEMENTS OF CASH FLOWS                 
                                 (In thousands)                            
                                                                           
                                                  Fifty-three    Fifty-two  
                                                  weeks ended   weeks ended 
                                                    January 3,  December 28, 
                                                       2010          2008 
                                                       ----          ---- 
                                                                           
    Cash flows from operating activities:                                  
      Net income                                     $19,252       $11,165 
      Adjustments to reconcile net income to
       net cash provided by operating activities:                                                
        Depreciation and amortization                 17,279        15,113 
        Amortization of interest purchased                36           193 
        Stock-based compensation                       3,018         2,711 
        Excess tax benefit from exercise of stock                           
         options                                        (892)         (462)
        Tax benefit from exercise of stock                                 
         options                                         695           285 
        Gain on sale of securities                    (7,305)            - 
        Loss on disposition of assets and asset                            
         impairment                                    1,141           900 
        Deferred income taxes                          2,710           322 
      Changes in other assets and liabilities:                             
        Accounts receivable, net                      (3,285)       (3,637)
        Inventories                                      188        (1,641)
        Prepaid expenses and other current                                 
         assets                                        1,330        (2,908)
        Other assets                                     161           (21)
        Accounts payable, accrued liabilities and                           
         deferred revenue                              6,887         1,464 
        Deferred lease credits and other long-term                            
         liabilities                                     695         1,960 
                                                         ---         ----- 
               Net cash provided by operating                              
                activities                            41,910        25,444 
                                                      ------        ------ 
                                                                           
    Cash flows from investing activities:                                  
      Purchases of property, plant and equipment     (14,505)      (25,930)
      Proceeds from sales of property, plant and                           
       equipment                                          11            67 
      Changes in restricted investments                  877           (87)
      Proceeds from sales and maturities of                                
       marketable securities                          16,183         7,857 
      Purchases of marketable securities                (371)         (917)
                                                        ----          ---- 
               Net cash provided by (used in)
                investing activities                   2,195       (19,010)
                                                       -----       ------- 
                                                                           
    Cash flows from financing activities:                                  
      Net proceeds from issuance of common stock       4,782         3,138 
      Purchase of common stock                        (6,564)      (20,627)
      Excess tax benefit from exercise of stock                            
       options                                           892           462 
                                                         ---           --- 
               Net cash (used in) provided by financing                    
                activities                              (890)      (17,027)
                                                        ----       ------- 
                                                                           
    Increase (decrease) in cash and cash equivalents  43,215       (10,593)
    Cash and cash equivalents, beginning of year       4,719        15,312 
                                                       -----        ------ 
                                                                           
    Cash and cash equivalents, end of year           $47,934        $4,719 
                                                     =======        ====== 
                                                                           
    Non-cash investing activities:                                         
               Capital expenditures incurred,
                but not yet paid                        $156          $734 
    Other cash flow information:                                           
               Cash paid for income taxes              7,213         8,293 
                                                                           
                                                                           
    
                                   SEGMENT REPORTING
                                 (Dollars in thousands)
    
    
                   Retail      Specialty            Unallocated          Total
                       Percent   Percent                               Percent
                        of Net    of Net                                of Net
              Amount   Revenue    Amount     Revenue           Amount Revenue
                     
    For the
     fourteen
     weeks
     ended
     January 3,
     2010              
    Net
     revenue    $56,453    100.0%   $35,242   100.0%            $91,695 100.0%
    Cost
     of
     sales
     and
     occup-
     ancy        24,913     44.1%    18,051    51.2%             42,964  46.9%
    Operating
     expenses    23,198     41.1%     6,650    18.9%             29,848  32.6%
    Depreciation
     and
     amorti-
    zation        2,817      5.0%       433     1.2%      $717    3,967   4.3%
    Segment
     operating
     income       2,714      4.8%    10,108    28.7%    (3,406)   9,416  10.3%
    
    For the
     thirteen
     weeks
     ended
     December
     28, 2008          
    Net
     revenue    $50,890    100.0%   $28,256   100.0%            $79,146 100.0%
    Cost of
     sales
     and
     occup-
     ancy        23,152     45.5%    13,907    49.2%             37,059  46.8%
    Operating
     expenses    20,796     40.9%     5,114    18.1%             25,910  32.7%
    Depreciation
     and
     amorti-
     zation       2,726      5.4%       382     1.4%      $418    3,526   4.5%
    Segment
     operating
     income       4,216      8.3%     8,853    31.3%    (6,704)   6,365   8.0%
    
    For the
     fifty-three
     weeks
     ended
     Janaury 3,
     2010
    Net
     revenue   $201,139    100.0%  $110,131   100.0%           $311,270 100.0%
    Cost of
     sales
     and
     occup-
     ancy        87,843     43.7%    54,933    49.9%            142,776  45.9%
    Operating
     expenses    83,616     41.6%    23,036    20.9%            106,652  34.3%
    Depreciation
     and
     amorti-
     zation      11,267      5.6%     1,758     1.6%    $2,142   15,167   4.9%
    Segment
     operating
     income      15,456      7.7%    30,404    27.6%   (22,467) 23,393    7.5%
    
    For the
     fifty-two
     weeks
     ended
     December 28,
     2008
    Net
     revenue   $187,719    100.0%   $97,103   100.0%           $284,822 100.0%
    Cost of
     sales
     and
     occup-
     ancy        85,343     45.5%    48,194    49.6%            133,537  46.9%
    Operating
     expenses    79,587     42.4%    19,257    19.8%             98,844  34.7%
    Depreciation
     and
     amorti-
     zation       9,970      5.3%     1,411     1.5%    $1,540   12,921   4.5%
    Segment
     operating
     income      12,819      6.8%    28,241    29.1%   (24,059)  17,001   6.0%
    

NON-GAAP FINANCIAL INFORMATION

The following reconciliation and non-GAAP financial information are provided to assist the reader with understanding the financial impact of the previously discussed unusual items and the extra week during the year. Management believes this information is relevant because the nature and magnitude of the charges do not reflect our on-going operating performance.

Reconciliation of Non-GAAP Financial Information to Net Revenue and Net Income

(Unaudited, in thousands, except per share data)

    
    
                                 Fourteen  Thirteen Fifty-three  Fifty-two
                                   weeks     weeks      weeks       weeks 
                                   ended     ended      ended       ended 
                                  January  December    January    December
                                     3,       28,         3,         28,  
                                   2010      2008        2010       2008
                                   ----      ----        ----       ----
                                                                          
    Net Revenue                                                           
    -----------                                                           
    Net revenue, as reported      $91,695   $79,146    $311,270   $284,822
    53rd week sales                (5,592)               (5,592)          
                                   ------   -------      ------   --------
    Non-GAAP net revenue,                                                 
     excluding 53rd week          $86,103   $79,146    $305,678   $284,822
                                  =======   =======    ========   ========
                                                                          
    Net revenue growth, as                                                
     reported                        15.9%                  9.3%          
    Net revenue growth,                                                   
     excluding 53rd week              8.8%                  7.3%          
                                                                          
                                                                          
    Net Income                                                            
    ----------                                                            
    Net income, as reported       $10,322    $4,020     $19,252    $11,165
    Transaction income, net,                                              
     net of tax                    (7,170)               (7,178)          
    Litigation related                                                    
     expenses, net of tax           1,735                 1,848           
    Store closures, net of tax        664                   672           
                                      ---     -----         ---     ------
    Non-GAAP net income             5,551     4,020      14,594     11,165
    Non-GAAP 53rd week net                                                
     income                          (677)                 (686)          
                                     ----    ------        ----    -------
    Non-GAAP net income,                                                  
     excluding 53rd week           $4,874    $4,020     $13,908    $11,165
                                   ======    ======     =======    =======
                                                                          
    Diluted Net Income Per Share                                          
    ----------------------------                                          
    Net income per diluted                                                
     share, as reported             $0.76     $0.29       $1.44      $0.80
    Transaction income, net         (0.53)                (0.54)          
    Litigation related expenses      0.13                  0.14           
    Store closures                   0.05                  0.05           
                                     ----     -----        ----      -----
    Non-GAAP diluted net income                                           
     per share                      $0.41     $0.29       $1.09      $0.80
    Non-GAAP 53rd week              (0.05)                (0.05)          
                                    -----     -----       -----      -----
    Non-GAAP, excluding 53rd                                              
     week                           $0.36     $0.29       $1.04      $0.80
                                    =====     =====       =====      =====
    
    
                               Quarter ended January 3, 2010
                                                     Non-GAAP         Non-GAAP
                      Transaction Litigation           With   53rd   Excluding
                   As    Income,  Related   Store      53rd    Week     53rd
                Reported   net   Expenses  Closures    Week   Impact    Week
                --------   ---   --------  --------   -----   ------   -----
    
      Retail
      stores     $56,453                             $56,453  $(3,675) $52,778
      Specialty
      sales       35,242                              35,242   (1,917)  33,325
    Net
     revenue      91,695                              91,695   (5,592)  86,103
      Cost of
       sales
       and
       related
       occupancy
       expenses   42,964                     $(167)   42,797   (2,414)  40,383
      Operating
       expenses   29,848                      (909)   28,939   (1,887)  27,052
      Transaction
       income,
       net       (4,311)    $4,311                         -                 -
      Litigation
       related
       expenses    2,811  $(2,811)                         -                 -
      General
       and
       admini-
       strative    7,000                               7,000     (194)   6,806
      Depreciation
       and
       amorti-
       zation      3,967                               3,967             3,967
        Total
         costs
         and
         expenses 82,279     4,311 (2,811)  (1,076)   82,703   (4,495)  78,208
    Income
     from
     operations    9,416   (4,311)   2,811    1,076    8,992   (1,097)   7,895
      Gain on
       sale of
       securities  7,305   (7,305)                         -                 -
      Interest
       income,
       net             1                                   1                 1
    Income
     before
     income
     taxes        16,722  (11,616)   2,811    1,076    8,993   (1,097)   7,896
      Income
       tax
       provision   6,400   (4,446)   1,076      412    3,442     (420)   3,022
    Net
     income      $10,322  $(7,170)  $1,735     $664   $5,551    $(677)  $4,874
      Net
       income
       per
       diluted
       share       $0.76   $(0.53)   $0.13    $0.05    $0.41   $(0.05)   $0.36
    
    
    
    
                               Year ended January 3, 2010
                                                     Non-GAAP         Non-GAAP
                      Transaction Litigation           With   53rd   Excluding
                   As    Income,  Related   Store      53rd    Week     53rd
                Reported   net   Expenses  Closures    Week   Impact    Week
                --------   ---   --------  --------   -----   ------   -----
    
      Retail
       stores    $201,139                            $201,139 $(3,675)$197,464
      Specialty
       sales      110,131                             110,131  (1,917) 108,214
    Net
     revenue      311,270                             311,270  (5,592) 305,678
      Cost
       of
       sales
       and
       related
       occupancy
       expenses   142,776                    $(167)   142,609  (2,414) 140,195
      Operating
       expenses   106,652                     (909)   105,743  (1,887) 103,856
      Transaction
       income,
       net         (4,183)  $4,183                                   -       -
      Litigation
       related
       expenses     2,957          $(2,957)                          -       -
      General
       and
       admini-
       strative    24,508                              24,508    (194)  24,314
      Depreciation 
       and
       amorti-
       zation      15,167                              15,167           15,167
        Total
         costs and
         expenses 287,877    4,183  (2,957)  (1,076)  288,027  (4,495) 283,532
    Income
     from
     operations    23,393  (4,183)   2,957    1,076    23,243  (1,097)  22,146
      Gain on
       sale of
       securities   7,305  (7,305)                                   -       -
      Interest
       income,
       net            112                                 112              112
    Income
     before
     income
     taxes         30,810 (11,488)   2,957    1,076    23,355  (1,097)  22,258
      Income
       tax
       provision   11,558  (4,310)   1,109      404     8,761    (411)   8,350
    Net
     income       $19,252 $(7,178)  $1,848     $672   $14,594   $(686) $13,908
      Net
       income
       per
       diluted
       share        $1.44  $(0.54)   $0.14    $0.05     $1.09  $(0.05)   $1.04
    
    
    

SOURCE Peet's Coffee & Tea, Inc.

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