Document


 

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D. C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

Date of Report (date of earliest event reported): August 30, 2016

H&R BLOCK, INC.
(Exact name of registrant as specified in charter)
MISSOURI
1-06089
44-0607856
(State or other jurisdiction of
(Commission File Number)
(I.R.S. Employer
incorporation or organization)
 
Identification No.)

One H&R Block Way, Kansas City, MO 64105
(Address of Principal Executive Offices) (Zip Code)

(816) 854-3000
(Registrant's telephone number, including area code)

Not Applicable
(Former name or former address, if changed since last report)


Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):
¨    Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
¨    Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
¨
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
¨
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
 








Item 2.02.    Results of Operations and Financial Condition.
On August 30, 2016, the Company issued a press release regarding the Company’s results of operations for the fiscal quarter ended July 31, 2016. A copy of the press release is furnished as Exhibit 99.1 to this Current Report on Form 8-K.

Item 9.01.    Financial Statements and Exhibits.
(d) Exhibits
Exhibit Number    Description
99.1    Press Release Issued August 30, 2016






SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
 
 
 
H&R BLOCK, INC.
 
 
 
 
Date:
August 30, 2016
By:
/s/ Scott W. Andreasen
 
 
 
Scott W. Andreasen
 
 
 
Vice President and Secretary







EXHIBIT INDEX

Exhibit 99.1        Press Release Issued August 30, 2016



Exhibit

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Exhibit 99.1
News Release
For Immediate Release: August 30, 2016
H&R Block Announces Fiscal 2017 First Quarter Results
KANSAS CITY, Mo. - H&R Block, Inc. (NYSE: HRB) today released its financial results for the fiscal 2017 first quarter ended July 31, 2016. The company normally reports a first quarter operating loss due to the seasonality of its tax business. The fiscal first quarter typically represents less than 5% of annual revenues and less than 15% of annual expenses.
"Because of the highly seasonal nature of our business, the fiscal first quarter is not indicative of our full year results. That said, all of the company’s efforts remain laser-focused on executing a successful tax season," said Bill Cobb, H&R Block's president and chief executive officer. "We will have compelling client offers and improvements to the client experience. I’m truly looking forward to the next tax season and demonstrating our ability to deliver strong results for the fiscal year."
First Quarter Financial Summary1 
Fiscal first quarter financial results were largely in line with the company’s expectations as revenues and net loss were impacted by the divestiture of H&R Block Bank (the “Bank”) and changes to the company's capital structure in fiscal 2016
Total operating expenses declined due to cost reduction efforts partially offset by increased occupancy and amortization expenses related to franchise acquisitions in the prior year
The divestiture of the Bank had the largest impact on overall revenues, which decreased $12.5 million to $125.2 million. The Bank impact included payments to the company’s third-party bank partner, the reclassification of certain revenue as other income, and lower investment income due to the sale of securities previously held by the Bank. Additionally, lower client volumes in the U.S. and foreign currency exchange rates contributed to the decline.
Total operating expenses declined 0.6% to the prior year. Savings resulting from the company's cost reduction efforts were partially offset by the impact of acquisitions of franchises in the prior year. In addition to operating expenses, interest expense increased $12.9 million due to the issuance of $1 billion of long term debt in September 2015.
"We are on target to execute our cost reduction plans. While expenses are down slightly this quarter, the majority of our planned reductions will occur after the first quarter," said Tony Bowen, H&R Block's chief financial officer. "These planned savings will enable us to continue to ensure strong free cash flow while also allowing us to make the appropriate investments to achieve our operational objectives for the upcoming tax season."



1 
All amounts in this release are unaudited. Unless otherwise noted, all comparisons refer to the current period compared to the corresponding prior year period.



Fiscal 2017 First Quarter Results From Continuing Operations
 
 
Actual
 
Adjusted3
(in millions, except EPS)
 
Fiscal Year 2017
 
Fiscal Year 2016
 
Fiscal Year 2017
 
Fiscal Year 2016
Revenue
 
$
125

 
$
138

 
$
125

 
$
138

Pretax Loss
 
$
(204
)
 
$
(187
)
 
$
(203
)
 
$
(186
)
Net Loss
 
$
(121
)
 
$
(97
)
 
$
(121
)
 
$
(96
)
Weighted-Avg. Shares - Diluted
 
220.5

 
275.8

 
220.5

 
275.8

EPS2
 
$
(0.55
)
 
$
(0.35
)
 
$
(0.55
)
 
$
(0.35
)
EBITDA3
 
$
(141
)
 
$
(138
)
 
$
(140
)
 
$
(137
)
 
 
 
 
 
 
 
 
 
Income Statement
Total revenues decreased $12.5 million to $125.2 million due primarily to impacts from the divestiture of the Bank. This included the change in presentation of mortgage portfolio interest income from revenue to other income, the loss of available-for-sale securities investment income, and payments made to the company's third-party bank partner. Additionally, lower return volumes in the company's U.S. assisted tax business and currency exchange rates in its international business contributed to the decline.
Total operating expenses decreased $1.8 million to $309.9 million due to cost reduction efforts partially offset by increased occupancy and amortization expense related to franchise acquisitions in the prior year.
Interest expense increased $12.9 million to $21.5 million due to $1 billion of long-term debt issued in September 2015.
Pretax loss increased $16.4 million to $203.5 million driven primarily by increased interest expense and changes related to the divestiture of the Bank.
Loss per share from continuing operations increased $0.20 to $0.55. Approximately half of the increase was due to the reduction in share count, which will be accretive on a full year basis, but negatively impacts those quarters with a net loss. The remainder of the change in loss per share was due to the increase in pretax loss.
Balance Sheet
Cash balances decreased from July 31, 2015 due to the divestiture of the Bank and capital structure changes in fiscal 2016, including share repurchases totaling approximately $2.0 billion since July 31, 2015.
Long-term debt increased $1 billion from July 31, 2015 due to the issuance of $650 million of 4.125% Senior Notes and $350 million of 5.250% Senior Notes during the second quarter of fiscal 2016.
Stockholders' equity from July 31, 2015 was impacted by the aforementioned share repurchase and subsequent retirement of 58.4 million shares of common stock for approximately $2.0 billion.
Details regarding the divestiture of H&R Block Bank and related agreements, capital structure transactions and share repurchase program can be found in previously filed press releases, and Forms 8-K filed with the Securities and Exchange Commission, in September and October of 2015.

2 All per share amounts are based on fully diluted shares at the end of the corresponding period.
3 The company reports adjusted financial performance, and other non-GAAP financial measures, which it believes are a better indication of the company's core operations. See "About Non-GAAP Financial Information" below for more information regarding financial measures not prepared in accordance with generally accepted accounting principles (GAAP).


Discontinued Operations
The accrual for contingent losses related to representation and warranty claims at Sand Canyon Corporation, a separate legal entity from H&R Block, Inc., decreased $40 million from the prior quarter to $26 million as a result of a settlement with a counterparty. The settlement was fully covered by existing accruals.
Share Repurchases and Dividends
During the first quarter of fiscal 2017, the company repurchased and retired approximately 2.0 million shares at an aggregate price of $48.6 million, or $23.84 per share. As of July 31, 2016, 219.1 million shares were outstanding.

The company completed these share repurchases under a $3.5 billion share repurchase program approved by the company’s board of directors in August 2015, which runs through June 2019. Under this program, the company has repurchased approximately 58.4 million shares of its common stock, or 21.1% of outstanding shares, for an aggregate purchase price of approximately $2.0 billion.

As previously announced, a quarterly cash dividend of 22 cents per share is payable on October 3, 2016 to shareholders of record as of September 14, 2016. H&R Block has paid quarterly dividends consecutively since the company went public in 1962.
Conference Call
Discussion of the fiscal 2017 first quarter results, future outlook and a general business update will occur during the company’s previously announced fiscal first quarter earnings conference call for analysts, institutional investors, and shareholders. The call is scheduled for 4:30 p.m. Eastern time on August 30, 2016. To access the call, please dial the number below approximately 10 minutes prior to the scheduled starting time:

U.S./Canada (888) 895-5260 or International (443) 842-7595
Conference ID: 45100808

The call will also be webcast in a listen-only format for the media and public. The link to the webcast can be accessed directly at http://investors.hrblock.com.

A replay of the call will be available beginning at 7:30 p.m. Eastern time on August 30, 2016, and continuing until September 30, 2016, by dialing (855) 859-2056 (U.S./Canada) or (404) 537-3406 (International). The conference ID is 45100808. The webcast will be available for replay August 31, 2016 at http://investors.hrblock.com.
About H&R Block
H&R Block, Inc. (NYSE: HRB) is a global consumer tax services provider. Tax return preparation services are provided by professional tax preparers in approximately 12,000 company-owned and franchise retail tax offices worldwide, and through H&R Block tax software products for the DIY consumer. H&R Block also offers adjacent Tax Plus products and services. In fiscal 2016, H&R Block had annual revenues of over $3 billion with 23.2 million tax returns prepared worldwide.For more information, visit the H&R Block Newsroom at http://newsroom.hrblock.com/.



About Non-GAAP Financial Information
This press release and the accompanying tables include non-GAAP financial information. For a description of these non-GAAP financial measures, including the reasons management uses each measure, and reconciliations of these non-GAAP financial measures to the most directly comparable financial measures prepared in accordance with generally accepted accounting principles, please see the section of the accompanying tables titled "Non-GAAP Financial Information."
Forward-Looking Statements
This press release contains forward-looking statements within the meaning of the securities laws. Forward-looking statements can be identified by the fact that they do not relate strictly to historical or current facts. They often include words or variation of words such as "expects," "anticipates," "intends," "plans," "believes," "seeks," "estimates," "projects," "forecasts," "targets," "would," "will," "should," "goal," "could" or "may" or other similar expressions. Forward-looking statements provide management's current expectations or predictions of future conditions, events or results. All statements that address operating performance, events or developments that we expect or anticipate will occur in the future are forward-looking statements. They may include estimates of revenues, income, earnings per share, cost savings, capital expenditures, dividends, share repurchases, liquidity, capital structure or other financial items, descriptions of management’s plans or objectives for future operations, products or services, or descriptions of assumptions underlying any of the above. All forward-looking statements speak only as of the date they are made and reflect the company's good faith beliefs, assumptions and expectations, but they are not guarantees of future performance or events. Furthermore, the company disclaims any obligation to publicly update or revise any forward-looking statement to reflect changes in underlying assumptions, factors, or expectations, new information, data or methods, future events or other changes, except as required by law. By their nature, forward-looking statements are subject to risks and uncertainties that could cause actual results to differ materially from those suggested by the forward-looking statements. Factors that might cause such differences include, but are not limited to, a variety of economic, competitive and regulatory factors, many of which are beyond the company's control, that are described in our Annual Report on Form 10-K for the fiscal year ended April 30, 2016 in the section entitled "Risk Factors” and additional factors we may describe from time to time in other filings with the Securities and Exchange Commission. You may get such filings for free at our website at
http://investors.hrblock.com. You should understand that it is not possible to predict or identify all such factors and, consequently, you should not consider any such list to be a complete set of all potential risks or uncertainties.
For Further Information
Investor Relations:    Colby Brown, (816) 854-4559, colby.brown@hrblock.com
Media Relations:    Gene King, (816) 854-4672, gene.king@hrblock.com
TABLES FOLLOW





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CONSOLIDATED STATEMENTS OF OPERATIONS
(unaudited, in 000s - except per share amounts)
 
 
 
Three months ended July 31,
 
 
2016
 
2015
 
 
 
 
 
REVENUES:
 
 
 
 
Service revenues
 
$
112,384

 
$
118,434

Royalty, product and other revenues
 
12,801

 
19,284

 
 
125,185

 
137,718

OPERATING EXPENSES:
 
 
 
 
Cost of revenues:
 
 
 
 
Compensation and benefits
 
52,355

 
55,789

Occupancy and equipment
 
94,425

 
89,855

Provision for bad debt and loan losses
 
1,417

 
2,005

Depreciation and amortization
 
27,467

 
27,084

Other
 
35,422

 
38,775

 
 
211,086

 
213,508

Selling, general and administrative:
 
 
 
 
Marketing and advertising
 
7,561

 
8,531

Compensation and benefits
 
57,522

 
54,669

Depreciation and amortization
 
13,815

 
13,010

Other selling, general and administrative
 
19,925

 
21,982

 
 
98,823

 
98,192

Total operating expenses
 
309,909

 
311,700

 
 
 
 
 
Other income, net
 
2,968

 
433

Interest expense on borrowings
 
(21,466
)
 
(8,575
)
Other expenses, net
 
(327
)
 
(4,985
)
Loss from continuing operations before income tax benefit
 
(203,549
)
 
(187,109
)
Income tax benefit
 
(82,523
)
 
(90,604
)
Net loss from continuing operations
 
(121,026
)
 
(96,505
)
Net loss from discontinued operations
 
(2,647
)
 
(3,154
)
NET LOSS
 
$
(123,673
)
 
$
(99,659
)
 
 
 
 
 
BASIC AND DILUTED LOSS PER SHARE:
 
 
 
 
Continuing operations
 
$
(0.55
)
 
$
(0.35
)
Discontinued operations
 
(0.01
)
 
(0.01
)
Consolidated
 
$
(0.56
)
 
$
(0.36
)
 
 
 
 
 
WEIGHTED AVERAGE BASIC AND DILUTED SHARES
 
220,484

 
275,765

 
 
 
 
 






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CONSOLIDATED BALANCE SHEETS
 
(unaudited, in 000s - except per share data)
 
As of
 
July 31, 2016
 
July 31, 2015
 
April 30, 2016
 
 
 
 
 
 
 
ASSETS
 
 
 
 
 
 
Cash and cash equivalents
 
$
306,871

 
$
1,299,382

 
$
896,801

Cash and cash equivalents — restricted
 
122,025

 
61,040

 
104,110

Receivables, net
 
103,425

 
103,194

 
153,116

Deferred tax assets and income taxes receivable
 

 
160,390

 

Prepaid expenses and other current assets
 
74,929

 
80,550

 
65,441

Investments in available-for-sale securities
 
1,123

 
406,360

 
1,133

Total current assets
 
608,373

 
2,110,916

 
1,220,601

Mortgage loans held for investment, net
 
192,375

 
230,130

 
202,385

Property and equipment, net
 
284,114

 
297,321

 
293,565

Intangible assets, net
 
419,909

 
417,009

 
433,885

Goodwill
 
470,942

 
454,394

 
470,757

Deferred tax assets and income taxes receivable
 
90,498

 
11,377

 
120,123

Other noncurrent assets
 
97,331

 
108,307

 
105,909

Total assets
 
$
2,163,542

 
$
3,629,454

 
$
2,847,225

LIABILITIES AND STOCKHOLDERS’ EQUITY
 
 
 
 
 
 
LIABILITIES:
 
 
 
 
 
 
Customer banking deposits
 
$

 
$
476,732

 
$

Accounts payable and accrued expenses
 
157,085

 
116,855

 
259,586

Accrued salaries, wages and payroll taxes
 
43,516

 
33,447

 
161,786

Accrued income taxes and reserves for uncertain tax positions
 
216,390

 
245,541

 
373,754

Current portion of long-term debt
 
864

 
799

 
826

Deferred revenue and other current liabilities
 
191,304

 
316,880

 
243,653

Total current liabilities
 
609,159

 
1,190,254

 
1,039,605

Long-term debt
 
1,491,790

 
501,960

 
1,491,375

Deferred tax liabilities and reserves for uncertain tax positions
 
116,709

 
137,603

 
132,960

Deferred revenue and other noncurrent liabilities
 
145,691

 
130,210

 
160,182

Total liabilities
 
2,363,349

 
1,960,027

 
2,824,122

COMMITMENTS AND CONTINGENCIES
 
 
 
 
 
 
STOCKHOLDERS’ EQUITY:
 
 
 
 
 
 
Common stock, no par, stated value $.01 per share
 
2,582

 
3,166

 
2,602

Additional paid-in capital
 
748,924

 
773,783

 
758,230

Accumulated other comprehensive loss
 
(14,804
)
 
(8,234
)
 
(11,233
)
Retained earnings (deficit)
 
(180,631
)
 
1,679,234

 
40,347

Less treasury shares, at cost
 
(755,878
)
 
(778,522
)
 
(766,843
)
Total stockholders’ equity (deficiency)
 
(199,807
)
 
1,669,427

 
23,103

Total liabilities and stockholders’ equity
 
$
2,163,542

 
$
3,629,454

 
$
2,847,225

 
 
 
 
 
 
 
Note: Effective May 1, 2016, we adopted the provisions of Accounting Standards Update No. 2015-3, "Interest - Imputation of Interest," (ASU 2015-3) on a retrospective basis. Accordingly, debt issuance costs related to our Senior Notes are included in long-term debt in the consolidated balance sheets. Amounts for prior periods have been retrospectively adjusted to conform to the current period presentation.





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CONDENSED CONSOLIDATED STATEMENTS OF CASH FLOWS
 
(unaudited, in 000s)
 
Three months ended July 31,
 
2016
 
2015
 
 
 
 
 
NET CASH USED IN OPERATING ACTIVITIES
 
$
(475,675
)
 
$
(378,246
)
 
 
 
 
 
CASH FLOWS FROM INVESTING ACTIVITIES:
 
 
 
 
Sales, maturities of and payments received on available-for-sale securities
 
58

 
32,103

Principal payments on mortgage loans held for investment, net
 
8,427

 
8,537

Capital expenditures
 
(6,246
)
 
(8,689
)
Payments made for business acquisitions, net of cash acquired
 
(1,635
)
 
(12,271
)
Franchise loans:
 
 
 
 
Loans funded
 
(2,219
)
 
(2,582
)
Payments received
 
6,473

 
11,434

Other, net
 
220

 
3,562

Net cash provided by investing activities
 
5,078

 
32,094

 
 
 
 
 
CASH FLOWS FROM FINANCING ACTIVITIES:
 
 
 
 
Customer banking deposits, net
 

 
(268,532
)
Dividends paid
 
(48,514
)
 
(55,063
)
Repurchase of common stock, including shares surrendered
 
(45,312
)
 
(17,756
)
Proceeds from exercise of stock options
 
1,639

 
13,015

Other, net
 
(24,779
)
 
(22,413
)
Net cash used in financing activities
 
(116,966
)
 
(350,749
)
 
 
 
 
 
Effects of exchange rate changes on cash
 
(2,367
)
 
(10,907
)
 
 
 
 
 
Net decrease in cash and cash equivalents
 
(589,930
)
 
(707,808
)
Cash and cash equivalents at beginning of the period
 
896,801

 
2,007,190

Cash and cash equivalents at end of the period
 
$
306,871

 
$
1,299,382

 
 
 
 
 
SUPPLEMENTARY CASH FLOW DATA:
 
 
 
 
Income taxes paid, net of refunds received
 
$
61,289

 
$
75,358

Interest paid on borrowings
 
15,519

 
15,381

Accrued additions to property and equipment
 
10,147

 
5,977

Accrued purchase of common stock
 
8,895

 

 
 
 
 
 





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FINANCIAL RESULTS
 
(unaudited, in 000s - except per share amounts)
 
 
 
Three months ended July 31,
 
 
2016
 
2015
Revenues:
 
 
 
 
U.S. assisted tax preparation fees
 
$
25,429

 
$
27,285

U.S. royalties
 
6,525

 
6,726

U.S. DIY tax preparation fees
 
2,914

 
3,179

International revenues
 
38,875

 
40,594

Revenues from Refund Transfers
 
3,234

 
2,171

Revenues from Emerald Card®
 
13,065

 
15,689

Revenues from Peace of Mind® Extended Service Plan
 
27,031

 
27,703

Interest and fee income on Emerald Advance
 
804

 
314

Other
 
7,308

 
14,057

 
 
125,185

 
137,718

Compensation and benefits:
 
 
 
 
Field wages
 
45,043

 
45,938

Other wages
 
42,100

 
41,869

Benefits and other compensation
 
22,734

 
22,651

 
 
109,877

 
110,458

Occupancy and equipment
 
94,371

 
89,799

Marketing and advertising
 
7,561

 
8,531

Depreciation and amortization
 
41,282

 
40,094

Bad debt
 
1,417

 
2,005

Supplies
 
2,077

 
2,399

Other
 
53,324

 
58,414

Total operating expenses
 
309,909

 
311,700

 
 
 
 
 
Other income, net
 
2,968

 
433

Interest expense on borrowings
 
(21,466
)
 
(8,575
)
Other expenses, net
 
(327
)
 
(4,985
)
Pretax loss
 
(203,549
)
 
(187,109
)
Income tax benefit
 
(82,523
)
 
(90,604
)
Net loss from continuing operations
 
(121,026
)
 
(96,505
)
Net loss from discontinued operations
 
(2,647
)
 
(3,154
)
Net loss
 
$
(123,673
)
 
$
(99,659
)
 
 
 
 
 
Basic and diluted loss per share:
 
 
 
 
Continuing operations
 
$
(0.55
)
 
$
(0.35
)
Discontinued operations
 
(0.01
)
 
(0.01
)
Consolidated
 
$
(0.56
)
 
$
(0.36
)
 
 
 
 
 
Weighted average basic and diluted shares
 
220,484

 
275,765

 
 
 
 
 






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NON-GAAP FINANCIAL MEASURES
 
 
 
 
Three months ended July 31,
 
 
EBITDA
 
2016
 
2015
 
 
 
 
 
 
 
 
 
Net loss - as reported
 
$
(123,673
)
 
$
(99,659
)
 
 
 
 
 
 
 
 
 
Add back :
 
 
 
 
 
 
Discontinued operations, net
 
2,647

 
3,154

 
 
Income taxes of continuing operations
 
(82,523
)
 
(90,604
)
 
 
Interest expense of continuing operations
 
21,466

 
8,711

 
 
Depreciation and amortization of continuing operations
 
41,282

 
40,094

 
 
 
 
(17,128
)
 
(38,645
)
 
 
 
 
 
 
 
 
 
EBITDA from continuing operations
 
$
(140,801
)
 
$
(138,304
)
 
 
 
 
 
 
 
 
 
Three months ended July 31,
 
2016
 
 
Pretax loss
 
Net loss
 
EBITDA
 
 
 
 
 
 
 
From continuing operations
 
$
(203,549
)
 
$
(121,026
)
 
$
(140,801
)
 
 
 
 
 
 
 
Adjustments (pretax):
 
 
 
 
 
 
Loss contingencies - litigation
 
812

 
812

 
812

Tax effect of adjustments
 

 
(302
)
 

 
 
812

 
510

 
812

 
 
 
 
 
 
 
As adjusted - from continuing operations
 
$
(202,737
)
 
$
(120,516
)
 
$
(139,989
)
 
 
 
 
 
 
 
Adjusted EPS
 
 
 
$
(0.55
)
 
 
 
 
 
 
 
 
 
Three months ended July 31,
 
2015
 
 
Pretax loss
 
Net loss
 
EBITDA
 
 
 
 
 
 
 
From continuing operations
 
$
(187,109
)
 
$
(96,505
)
 
$
(138,304
)
 
 
 
 
 
 
 
Adjustments (pretax):
 
 
 
 
 
 
Loss contingencies - litigation
 
618

 
618

 
618

Costs related to HRB Bank and recapitalization transactions
 
52

 
52

 
52

Losses on AFS securities
 
288

 
288

 
288

Tax effect of adjustments
 

 
(358
)
 

 
 
958

 
600

 
958

 
 
 
 
 
 
 
As adjusted - from continuing operations
 
$
(186,151
)
 
$
(95,905
)
 
$
(137,346
)
 
 
 
 
 
 
 
Adjusted EPS
 
 
 
$
(0.35
)
 
 
 
 
 
 
 
 
 
 
 
Three months ended July 31,
 
 
Supplemental Information
 
2016
 
2015
 
 
 
 
 
 
 
 
 
Stock-based compensation expense:
 
 
 
 
 
 
Pretax
 
$
5,541

 
$
6,018

 
 
After-tax
 
3,479

 
3,767

 
 
Amortization of intangible assets:
 
 
 
 
 
 
Pretax
 
$
17,986

 
$
16,614

 
 
After-tax
 
11,293

 
10,399

 
 
 
 
 
 
 
 
 




NON-GAAP FINANCIAL INFORMATION
The accompanying press release contains non-GAAP financial measures. Non-GAAP financial measures should not be considered as a substitute for, or superior to, measures of financial performance prepared in accordance with GAAP. Because these measures are not measures of financial performance under GAAP and are susceptible to varying calculations, they may not be comparable to similarly titled measures for other companies.
We consider our non-GAAP financial measures to be performance measures and a useful metric for management and investors to evaluate and compare the ongoing operating performance of our business on a consistent basis across reporting periods, as it eliminates the effect of items that are not indicative of our core operating performance.
The following are descriptions of adjustments we make for our non-GAAP financial measures:
We exclude losses from settlements and estimated contingent losses from litigation and favorable reserve adjustments. This does not include legal defense costs.
We exclude material non-cash charges to adjust the carrying values of goodwill, intangible assets, other long-lived assets and investments to their estimated fair values.
We exclude material severance and other restructuring charges in connection with the termination of personnel, closure of offices and related costs.
We exclude the material gains and losses on business dispositions, including investment banking, legal and accounting fees from both business dispositions and acquisitions.
We exclude the gains and losses on extinguishment of debt.
We may consider whether other significant items that arise in the future should also be excluded from our non-GAAP financial measures.
We measure the performance of our business using a variety of metrics, including EBITDA from continuing operations and adjusted EBITDA from continuing operations, adjusted pretax and net income of continuing operations, and adjusted diluted earnings per share from continuing operations. Adjusted EBITDA from continuing operations, adjusted pretax and net income from continuing operations, and adjusted diluted earnings per share from continuing operations eliminate the impact of items that we do not consider indicative of our core operating performance and, we believe, provide meaningful information to assist in understanding our financial results, analyzing trends in our underlying business, and assessing our prospects for future performance. We also use EBITDA from continuing operations and pretax income of continuing operations, each subject to permitted adjustments, as performance metrics in incentive compensation calculations for our employees.