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8-K - FORM 8-K - EMERGENT CAPITAL, INC.w82794e8vk.htm
Exhibit 99.1
(IMPERIAL LOGO)
May 12, 2011
Imperial Holdings, Inc. Announces First Quarter 2011 Results
- First quarter revenues reach $24.9 million —
- Consolidated income before taxes of $7.4 million-
BOCA RATON, Fla.—Imperial Holdings, Inc. (NYSE: IFT) (“Imperial”), a specialty finance company providing liquidity solutions with a focus on individual life insurance policies and purchasing structured settlement payments, today announced financial results for its first quarter ended March 31, 2011.
During the first quarter of 2011, Imperial reported total revenue of $24.9 million, compared to first quarter 2010 revenue of $19.7 million, a 26% increase. Agency fee income, fees that are paid by the referring life insurance agencies, was $4.1 million during the first quarter of 2011, compared to $5.3 million for the same period in 2010. Other significant sources of revenue were interest income and origination fees on premium finance loans, which totaled $4.3 million during the first quarter of 2011, compared to $12.9 million for the same period in 2010.
On an operating segment basis, the Life Finance business (formerly Premium Finance) generated $22.8 million of revenue in the first quarter, representing 92% of total revenues. In the Structured Settlements segment, revenue was $2.0 million during the quarter, representing 8% of total revenues.
Consolidated income before taxes was $7.4 million in the first quarter compared to a loss of $7.5 million during the same period last year. Net loss after tax for the first quarter of 2011 was $571,000 as compared to a net loss of $7.5 million for the same period in 2010.
Fully diluted weighted average earnings per share for the quarter ended March 31, 2011 was a loss of $(0.04) using 13,697,603 shares and $(0.03) using 21,202,614 shares outstanding. Adjusted earnings per share, excluding non-recurring tax charges, were $0.24 using 21,202,614 shares outstanding. Non-recurring tax charges include a net deferred tax liability of $4.4 million pursuant to the Company’s conversion to a public entity and an additional income tax expense of $749,000 due to pre-conversion losses.
Cash used in investing activities was $10.5 million during the first quarter of 2011. The Company had cash and cash equivalents totaling $165.8 million at March 31, 2011.
Antony Mitchell, Chairman and Chief Executive Officer, commented, “I am pleased to report solid financial results for the first quarter of 2011. We start the year off with strong momentum from our IPO and have begun to successfully deploy capital since February 11th, the date we received IPO proceeds. During the quarter we opportunistically funded 32 premium finance loans. Additionally, we acquired 19 life settlement policies bringing our total to 59 owned at quarter end with an aggregate fair value of $33.1 million. We believe these loans and investments in high yielding assets will provide long term cash flow benefits.”
Mr. Mitchell continued, “Our Structured Settlements business experienced continued growth with a 54% increase in origination volume year over year, ahead of our 40% target. In particular, over 40% of our business was from existing customers.” Mr. Mitchell, concluded, “Looking ahead, we expect to deploy capital within each business unit to meet our requirements but recognize this quarter we were presented

 


 

with unique opportunities and benefited from having the cash on hand to deploy quickly. Overall, we will continue to execute on our strategy and expect to achieve our full year objectives.”
Conference Call Information
Imperial will host a conference call today, May 12, 2011, at 5:00 p.m. ET to discuss its first quarter 2011 results. To listen to the live call, please dial (800) 829-2707 or log on to the investor relations page of the company’s website at www.imperial.com. In addition, an audio replay of the call will be available two hours after its conclusion and archived through May 26, 2011. This archived call may be accessed by dialing (877) 870-5176; replay pin number “8096228”.
About Imperial Holdings, Inc.
Imperial is a leading specialty finance company that, through its operating subsidiaries, provides customized liquidity solutions to owners of illiquid financial assets. Imperial’s primary operating units are Life Finance and Structured Settlements. In its Life Finance unit, Imperial provides premium finance loans to policyholders for the payment of premiums and purchases life insurance policies. In its Structured Settlements unit, Imperial purchases from individuals long-term annuity payments issued by highly rated U.S. domestic insurance companies. More information about Imperial can be found at www.imperial.com.
Non-GAAP Financial Measures
This press release contains financial information determined by methods other than in accordance with U.S. Generally Accepted Accounting Principles, “GAAP”. Management believes the presentation of these financial measures provides important supplemental information in evaluating Imperial’s operating results as distinct from results that include items that are not indicative of ongoing operating results; in particular, those tax charges that Imperial incurred as a result of its corporate conversion and that are not directly related to operating unit performance. In addition, management believes these non-GAAP financial measures are useful to investors because: (1) they allow for greater transparency with respect to key metrics used by management in its financial and operational decision making; and (2) they exclude the impact of non-recurring tax items that may obscure trends in the core operating performance of the business. This non-GAAP disclosure has limitations as an analytical tool, should not be viewed as a substitute for net income or earnings per share determined in accordance with GAAP, and should not be considered in isolation or as a substitute for analysis of Imperial’s results as reported under GAAP, nor is it necessarily comparable to non-GAAP performance measures that may be presented by other companies. This supplemental presentation should not be construed as an inference that Imperial’s future results will be unaffected by similar adjustments determined in accordance with GAAP.
Included below is a reconciliation of non-GAAP adjusted financial measures to reported or expected amounts:

 


 

         
    Three months ended  
    March 31, 2011  
Consolidated income per share before taxes
  $ 0.54  
Provision for income taxes excluding tax effect of corporate conversion
    0.21  
 
     
Diluted earnings per share excluding tax effect of corporate conversion
    0.33  
Tax effect of corporate conversion(a)
    0.37  
 
     
GAAP diluted earnings per share
  $ (0.04 )
Weighted average diluted shares (millions)
    13.7  
         
    Three months ended  
    March 31, 2011  
Consolidated income per share before taxes
  $ 0.35  
Provision for income taxes excluding tax effect of corporate conversion
    0.14  
 
     
Diluted earnings per share excluding tax effect of corporate conversion
    0.21  
Tax effect of corporate conversion(a)
    0.24  
 
     
Non-GAAP diluted earnings per share (b)
  $ (0.03 )
Diluted common shares (millions) outstanding as of March 31, 2011
    21.2  
 
(a)   Represents a one-time tax effect of $4.4 million of cumulative differences between financial and tax reporting which existed at the time of the conversion and the tax expense of $749,000 on pre-conversion losses.
 
(b)   Represents diluted earnings per share using shares outstanding as of March 31, 2011.
Safe Harbor Statement
This press release may contain certain “forward-looking statements” relating to the business of Imperial Holdings, Inc. and its subsidiary companies. All statements, other than statements of historical fact included herein are “forward-looking statements.” These forward-looking statements are often identified by the use of forward-looking terminology such as “believes,” “expects” or similar expressions, and involve known and unknown risks and uncertainties. Although Imperial believes that the expectations reflected in these forward-looking statements are reasonable, they do involve assumptions, risks and uncertainties, and these expectations may prove to be incorrect. Investors should not place undue reliance on these forward-looking statements, which speak only as of the date of this press release. Imperial’s actual results could differ materially from those anticipated in these forward-looking statements as a result of a variety of factors, including those discussed in Imperial’s periodic reports that are filed with the Securities and Exchange Commission and available on its website at www.sec.gov. All forward-looking statements attributable to Imperial or persons acting on its behalf are expressly qualified in their entirety by these factors. Other than as required under the securities laws, Imperial does not assume a duty to update these forward-looking statements.
Contact:
David Sasso
Imperial Holdings, Inc.
Director- Investor Relations
561.672.6114
IR@imperial.com
www.imperial.com

 


 

Imperial Holdings, Inc. and Subsidiaries
CONSOLIDATED AND COMBINED BALANCE SHEETS (UNAUDITED)
                 
    March 31     December 31  
    2011     2010  
ASSETS
Assets
               
Cash and cash equivalents
  $ 165,847,742     $ 14,224,014  
Restricted cash
    690,739       690,727  
Certificate of deposit — restricted
    882,710       879,974  
Agency fees receivable, net of allowance for doubtful accounts
    1,824,896       561,456  
Deferred costs, net
    6,030,795       10,706,022  
Prepaid expenses and other assets
    2,196,836       1,867,928  
Deposits
    660,438       692,285  
Interest receivable, net
    9,927,005       13,140,180  
Loans receivable, net
    73,246,954       90,026,383  
Structured settlements receivables, net
    4,527,185       2,535,764  
Investment in life settlements (life insurance policies), at estimated fair value
    33,066,365       17,137,601  
Fixed assets, net
    802,154       876,337  
Investment in affiliates
    515,216       77,973  
 
           
Total assets
  $ 300,219,035     $ 153,416,644  
 
           
 
               
LIABILITIES AND STOCKHOLDERS’/MEMBERS’ EQUITY
Liabilities
               
Accounts payable and accrued expenses
  $ 5,111,786     $ 3,425,162  
Accrued expenses — related parties
          70,833  
Payable for purchase of structured settlements
    13,344       223,955  
Other liabilities
    338,683       7,913,548  
Lender protection insurance claims received in advance
    3,610,050       31,153,755  
Interest payable
    14,848,367       13,764,613  
Interest payable — related parties
          54,769  
Notes payable and debenture payable, net of discount
    53,759,116       89,207,172  
Notes payable — related parties
          2,401,727  
Income taxes payable
    9,912,402        
Deferred tax liability
    4,378,293        
 
           
Total liabilities
    91,972,041       148,215,534  
Member units —preferred (zero and 500,000 authorized in the aggregate as of March 31, 2011 and December 31, 2010, respectively)
               
Member units — Series A preferred (zero and 90,796 issued and outstanding as of March 31, 2011 and December 31, 2010, respectively)
          4,035,000  
Member units — Series B preferred (zero and 25,000 issued and outstanding as of March 31, 2011 and December 31, 2010, respectively)
            2,500,000  
Member units — Series C preferred (zero and 70,000 issued and outstanding as of March 31, 2011 and December 31, 2010, respectively)
          7,000,000  
Member units — Series D preferred (zero and 7,000 issued and outstanding as of March 31, 2011 and December 31, 2010, respectively)
          700,000  
Member units — Series E preferred (zero and 73,000 issued and outstanding as of March 31, 2011 and December 31, 2010, respectively)
          7,300,000  
Member units — common (500,000 authorized; zero and 337,500 issued and outstanding as of March 31, 2011 and December 31, 2010, respectively)
          11,462,427  
Common stock (80,000,000 authorized; 21,202,614 and zero issued and outstanding as of March 31, 2011 and December 31, 2010, respectively)
    212,026        
Additional paid-in-capital
    236,401,878        
Accumulated deficit
    (28,366,910 )     (27,796,317 )
 
           
Total stockholders’/members’ equity
    208,246,994       5,201,110  
 
           
Total liabilities and stockholders’/members’ equity
  $ 300,219,035     $ 153,416,644  
 
           

 


 

Imperial Holdings, Inc. and Subsidiaries
CONSOLIDATED AND COMBINED STATEMENTS OF OPERATIONS (UNAUDITED)
                 
    For the Three  
    Months Ended  
    March 31,  
    2011     2010  
Agency fee income
  $ 4,061,019       5,278,622  
Interest income
    2,020,359       5,582,673  
Origination fee income
    2,281,257       7,298,895  
Realized gain on sale of structured settlements
    1,168,542        
Gain on forgiveness of debt
    2,542,771       1,765,328  
Unrealized change in fair value of life settlements
    11,198,036       (202,534 )
Unrealized change in fair value of structured settlement receivables
    842,300        
Servicing fee income
    518,003        
Other income
    229,769       23,425  
 
           
Total income
    24,862,056       19,746,409  
 
               
Interest expense
    2,939,543       6,981,803  
Interest expense — related parties
    290,132       1,986,775  
Provision for losses on loans receivable
    108,444       3,276,154  
Loss on loan payoffs and settlements, net
    2,571,104       1,469,505  
Amortization of deferred costs
    1,907,105       5,846,828  
Selling, general and administrative expenses
    9,533,186       7,459,368  
Selling, general and administrative — related parties
    87,180       212,500  
 
           
Total expenses
    17,436,694       27,232,933  
 
           
Income (loss) before income taxes
    7,425,362       (7,486,524 )
Provision for income taxes
    7,995,955        
 
           
Net income (loss)
  $ (570,593 )   $ (7,486,524 )
 
           
 
               
Earnings (loss) per share:
               
Basic
  $ (0.04 )   $ (2.08 )
 
           
Diluted
  $ (0.04 )   $ (2.08 )
 
           
Weighted average shares outstanding:
               
Basic
    13,697,603       3,600,000  
 
           
Diluted
    13,699,590       3,600,000  
 
           
Note: As a result of the conversion of the Company from a partnership to a corporation (the “Conversion”), the Company recorded a net deferred tax liability of $4,378,000 for the federal and state tax effects of temporary differences that were attributed to the Company at the time of the Conversion. Income tax expense for the first quarter of 2011 was increased by this amount.
During the first quarter of 2011, and prior to February 3, 2011 (conversion date), the Company incurred pre-conversion losses attributed to our members of approximately $1,936,000, the tax-effect of which is $749,000. This pre-conversion amount is treated as discrete adjustment to the tax provision calculated above as the Company obtains no benefit from these losses. In addition, these pre-conversion results were not taken into account in determining the Company’s estimated annual effective tax rate of 38.6%.
The overall income tax provision for the three months ended March 31, 2011 is $7,996,000. As described above, this total is derived from applying the annual effective tax rate to the post conversion (no effect given to pre-conversion losses) quarterly earnings and the one time establishment of deferred taxes due to the conversion from pass-through status to corporate status.