8-K

JACK IN THE BOX INC (JACK)

8-K 2023-05-17 For: 2023-05-17
View Original
Added on April 06, 2026

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): May 17, 2023


JACK IN THE BOX INC.
(Exact name of registrant as specified in its charter)

Delaware 1-9390 95-2698708
(State or Other Jurisdiction<br><br> <br>of Incorporation) (Commission<br><br> <br>File Number) (I.R.S. Employer<br><br> <br>Identification Number)
9357 Spectrum Center Blvd,<br> San Diego, CA 92123
---
(Address of principal executive offices) (Zip Code)
(858) 571-2121
(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:

☐ 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))

Securities registered pursuant to Section 12(b) of the Act:

Title of each class Trading Symbol(s) Name of each exchange on which registered
Common Stock JACK The NASDAQ Stock Market LLC<br><br> <br>(NASDAQ Global Select Market)

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).

Emerging growth company ☐

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐


ITEM 2.02 RESULTS OF OPERATIONS AND FINANCIAL CONDITION

On May 17, 2023, Jack in the Box Inc. issued a press release announcing its second quarter fiscal 2023 financial results and disclosing other information.

A copy of the press release is attached as Exhibit 99.1.

ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS

(d) Exhibits.

Exhibit<br><br> <br>No. Description
99.1 Press Release of Jack in the Box<br> Inc. dated May 17, 2023

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.

JACK IN THE BOX INC.
Date: May 17, 2023 /s/ Darin Harris
Darin Harris<br><br> <br><br><br> <br>Executive Vice President, Chief Executive Officer

Exhibit 99.1

Jack in the Box Inc. Reports Second Quarter 2023 Earnings

Jack in the Box same-store sales of +9.5%; +29.3% on a three-year basis

Del Taco same-store sales of +3.2%; +25.5% on a three-year basis^(1)^

Jack in the Box systemwide sales growth of +9.8%, Del Taco systemwide sales growth of +3.2%^(1)^

Diluted EPS of $1.27; Operating EPS of $1.47

Jack in the Box added 4 development agreements for 33 future restaurants in Q2, including development agreement for 22 future restaurants in Mexico, totaling 76 agreements for 335 restaurants since program launch

Refranchised 17 Del Taco restaurants subsequent to Q2, which included development agreements for both Jack in the Box and Del Taco to enter Montana and Wyoming for the first time in each brand's history

Management provides updates to FY 2023 guidance and outlook

SAN DIEGO--(BUSINESS WIRE)--May 17, 2023--Jack in the Box Inc. (NASDAQ: JACK) announced financial results for the Jack in the Box and Del Taco segments in the second quarter, ended April 16, 2023.

"The momentum in our business continued throughout the second quarter, reflected in outstanding sales, positive net unit growth, improved margin performance and the signing of a development agreement for expansion into Mexico," said Darin Harris, Jack in the Box Chief Executive Officer. "Over the last year we have been focused on the execution of our strategy, and the results are beginning to show. We look forward to continued strength in the back half of 2023, while remaining focused on what is most important: expanding our reach, offering guests what they want when they want it, and a relentless pursuit to improve restaurant level economics for Jack and Del Taco franchisees."


Jack in the Box Performance

Same-store sales increased 9.5% in the second quarter with franchise same-store sales up 9.4% and company-operated same-store sales up 10.8%. Company-operated restaurants experienced growth in both average check and traffic while franchise restaurants had growth in average check, partially offset by a decline in traffic. Systemwide sales for the second quarter increased 9.8%.

Restaurant-Level Margin^(2)^, a non-GAAP measure, was 21.4%, an increase of 6.4% from a year ago driven primarily by strong sales leverage and the sale of two evolving markets. Franchise-Level Margin^(2)^, a non-GAAP measure, was 41.2%, an increase of 1.8% from a year ago, driven by flow through from higher franchise sales, and lower bad debt expense.

Jack net restaurant count was positive in the second quarter, with two franchise openings and one franchisee closure. As of Q2, and since the launch of the development program in mid-2021, the company currently has 76 signed agreements for a total of 335 restaurants. Under these agreements, 27 restaurants have opened, leaving 308 remaining for future development. In the second quarter, Jack in the Box also completed a new franchisee development agreement to enter Mexico with 22 restaurant commitments.

Jack in the Box Same-Store Sales:
12 Weeks Ended 28 Weeks Ended
April 16, 2023 April 17, 2022 April 16, 2023 April 17, 2022
Company 10.8 % 1.7 % 11.8 % 0.6 %
Franchise 9.4 % (1.1 )% 8.2 % 0.3 %
System 9.5 % (0.8 )% 8.6 % 0.3 %
Jack in the Box Restaurant Counts:
--- --- --- --- --- --- --- --- --- --- --- --- ---
2023 2022
Company Franchise Total Company Franchise Total
Restaurant count at beginning of Q2 140 2,046 2,186 165 2,043 2,208
New 2 2 5 5
Acquired from franchisees 9 (9 )
Closed (1 ) (1 ) (2 ) (4 ) (6 )
Restaurant count at end of Q2 140 2,047 2,187 172 2,035 2,207
Q2 Net Restaurant Increase/(Decrease) 1 1
YTD Net Restaurant % Increase/(Decrease) [Q2'23 vs. Q4'22] (4.1 ) % 0.6 % 0.3 %

Del Taco Performance^(1)^

Same-store sales increased 3.2% in the second quarter, comprised of franchise same-store sales growth of 2.8% and Company-operated same-store sales growth of 3.5%. Sales performance was boosted by the Jumbo Shrimp and Beer Battered Fish Lent promotions and menu price, partially offset by changes in menu mix and transaction declines. Systemwide sales for the fiscal second quarter increased 3.2% driven by positive results in both franchise and company-operated same-store sales.

Restaurant-Level Margin, a non-GAAP measure, was 17.3%, a decrease of 0.5% from a year ago driven by higher sales, offset by commodity, wage and utility inflation, and other operating costs. Franchise-Level Margin, a non-GAAP measure, was 37.3%, a decrease of 4.4% from a year ago driven by higher franchise costs and the impact of refranchising transactions with pass through rent, partially offset by franchise same-store sales growth.

Del Taco had a second quarter net increase of three restaurants, comprised of three franchise openings. Subsequent to the quarter, the company also refranchised 17 Del Taco restaurants in Las Vegas to an existing Del Taco franchisee, which included development agreements for 10 new Del Taco restaurants to be built in Las Vegas, Wyoming and Montana, as well as 6 Jack in the Box restaurants to be built in Wyoming and Montana.

Del Taco Same-Store Sales:
12 Weeks Ended 28 Weeks Ended
April 16, 2023 April 17, 2022 April 16, 2023 April 17, 2022
Company 3.5 % 1.6 % 3.3 % 2.6 %
Franchise 2.8 % 3.4 % 2.8 % 4.5 %
System 3.2 % 2.5 % 3.0 % 3.6 %
Del Taco Restaurant Counts:
--- --- --- --- --- --- --- --- --- --- --- --- ---
2023 2022
Company Franchise Total Company Franchise Total
Restaurant count at beginning of Q2 273 319 592 294 306 600
New 3 3 1 1
Refranchised
Closed (1 ) (1 ) (2 )
Restaurant count at end of Q2 273 322 595 293 306 599
Q2 Net Restaurant Increase/(Decrease) 3 3
YTD Net Restaurant % Increase/(Decrease) [Q2'23 vs. Q4'22] (5.9 ) % 7.0 % 0.7 %

Company-Wide Performance

Second quarter diluted earnings per share was $1.27. Operating Earnings Per Share ^(3)^, a non-GAAP measure, was $1.47 in the second quarter of fiscal 2023 compared with $1.16 in the prior year quarter. Both diluted earnings per share and Operating Earnings Per Share included a $0.05 net positive impact as a result of a two litigation matters, both of which are not expected to reoccur.

Total revenues increased 22.8% to $395.7 million, compared to $322.3 million in the prior year quarter. Net earnings increased to $26.5 million for the second quarter of fiscal 2023, compared with $7.8 million for the second quarter of fiscal 2022. Adjusted EBITDA^(4)^, a non-GAAP measure, was $78.8 million in the second quarter of fiscal 2023 compared with $64.4 million for the prior year quarter. This included a $1.4 million net positive impact as a result of two litigation matters, both of which are not expected to reoccur.

Company-wide SG&A expense for the second quarter was $39.4 million, an increase of $11.2 million compared to the prior year quarter, due to Del Taco expenses being included for a full quarter as well as higher incentive compensation and advertising. These increases were partially offset by mark-to-market changes in the cash surrender value of company owned life insurance ("COLI") policies, net of changes in our deferred compensation obligation supported by these policies, resulting in a year-over-year decrease of $3.0 million. When excluding net COLI gains, G&A was 2.5% of systemwide sales.

The effective tax rate for the second quarter of fiscal year 2023 was 34.8% compared to 33.3% in fiscal year 2022. The major components of the increase in tax rate were the impact of estimated disposals of non-deductible goodwill attributable to refranchising transactions, partially offset by non-taxable COLI gains in the current year as opposed to non-deductible COLI losses in the prior year and non-deductible transaction costs resulting from the Del Taco acquisition recorded in the prior year. The Non-GAAP Operating EPS tax rate for the second quarter of 2023 was 26.7%.

(1) Del Taco same-store sales on a three-year basis and all prior year comparisons are pro forma and based on the time period of Jack in the Box’s full year fiscal calendar, with the exception of Del Taco's prior year Restaurant-Level Margin and Franchise-Level Margin which are based on a partial quarter time period, March 8 through April 17 2022.

        \(2\) Restaurant-Level Margin and Franchise-Level Margin are non-GAAP measures. These non-GAAP measures are reconciled to earnings from operations, the most comparable GAAP measure, in the attachment to this release. See "Reconciliation of
        Non-GAAP Measurements to GAAP Results." 

        \(3\) Operating Earnings Per Share for the second quarter of 2023 represents the diluted earnings per share on a GAAP basis, excluding acquisition, integration, and restructuring costs, COLI \(gains\) losses, net, pension and post-retirement
        benefit costs, refranchising gains and the tax impacts of the related adjustments. See "Reconciliation of Non-GAAP Measurements to GAAP Results." Operating earnings per share may not add due to rounding. 

        \(4\) Adjusted EBITDA represents net earnings on a GAAP basis excluding income taxes, interest expense, net, gains or losses on the sale of company-operated restaurants, other operating expenses \(income\), net, depreciation and amortization, the
        amortization of favorable and unfavorable leases and subleases, net and the amortization of franchise tenant improvement allowances and incentives. See "Reconciliation of Non-GAAP Measurements to GAAP Results."

Capital Allocation

The company repurchased 0.2 million shares of our common stock for an aggregate cost of $18.6 million, including the applicable excise tax, in the second quarter. As of May 17, 2023, there was $141.6 million remaining under the Board-authorized stock buyback program. The company is now committed to executing at least $70 million in share repurchases in FY 2023.

During the second quarter, the company paid down the $50 million outstanding balance on its Variable Funding Note, and now has approximately $172 million dollars of total available borrowing capacity under our VFN and Del Taco credit facility.

On May 12, 2023, the Board of Directors declared a cash dividend of $0.44 per share, to be paid on June 13, 2023 to shareholders of record as of the close of business on May 31, 2023. Future dividends will be subject to approval by our Board of Directors.

Guidance & Outlook Updates

The following guidance and underlying assumptions reflect the company’s current expectations for the fiscal year ending October 1, 2023:

Company-wide Guidance

  • FY 2023 CapEx & Other Investments Guidance of $75-90 million (unchanged from previous)
    • Capital expenditures + franchise tenant improvement allowances and incentives
  • FY 2023 SG&A Guidance of $170-180 million (previously $160-170 million)
    • Increase is mainly due to higher incentive-based compensation, as well as a year-to-date net legal charge of $5.0 million related to two litigation matters, which are not expected to reoccur
    • Includes ~$3 million in savings from refranchising, primarily related to a reduction in selling expense
    • Excludes net COLI gains ($6.6 million gain year-to-date)
    • Long-term G&A target, without selling/advertising expense, remains 2.3-2.5% of systemwide sales
  • FY 2023 Company-owned Commodity Guidance up 8-10% vs. 2022 (previously 9-11%)
  • FY 2023 Company-owned Wage Rate Guidance up 3-6% vs. 2022 (unchanged from previous)
  • FY 2023 Operating EPS Guidance of $5.90-$6.10 (previously $5.25-5.65)
    • Includes the $0.22 negative impact from the legal charge in Q1 2023, which is not expected to reoccur in Q1 2024
    • Includes the $0.05 net positive impact from the two litigation matters in Q2 2023, which are not expected to reoccur in Q2 2024
    • Includes the $0.23 positive impact from the Hawaii transaction in Q1 2023, which should be noted as a one-time item that will not occur in Q1 2024
    • Includes the $0.11 negative impact associated with store-level technology and POS project investments (previously $0.22, lower due to certain projects pushing forward to 2024)
    • Includes impact from expected refranchising of 65-85 total Del Taco restaurants in FY 2023
  • The company now plans to execute at least $70 million in share repurchases in FY 2023

Brand Segment Guidance

  • FY 2023 Same Store Sales of Mid-to-High Single Digits for Jack in the Box (previously Low-Single Digits)
  • FY 2023 Same Store Sales of Low-Single Digits for Del Taco (unchanged from previous)
  • Jack in the Box expects positive net unit growth in FY 2023, led by 25-30 gross openings (unchanged from previous)
  • Del Taco expects positive net unit growth in FY 2023, led by 8-12 gross openings (unchanged from previous)
  • FY 2023 Restaurant Level Margin Outlook
    • Jack in the Box Restaurant Level Margin is expected to be 19-21%, which includes high single digit price increases and is impacted negatively by 125bps due to the remaining Evolving Markets (previously 18-20%)
    • Del Taco Restaurant Level Margin is expected to be 14-16%, which includes high single digit price increases (unchanged from previous), and includes the impact from refranchising
  • FY 2023 Franchise Level Margin Outlook
    • Jack in the Box Franchise Level Margin is expected to be 41-42% (previously 40-41%)
      • Includes negative impact from restaurant-level technology and POS project investments
      • As a reminder, the $7.3 million (~90bps) positive impact from the Hawaii transaction was included in both the original FLM guidance provided in November, as well as the current FLM guidance update
    • Del Taco Franchise Level Margin is expected to be 37-38% (previously ~41%), and includes the impact from refranchising

Conference Call

The company will host a conference call for analysts and investors on Wednesday, May 17, 2023, beginning at 8:00 a.m. PT (11:00 a.m. ET). The call will be webcast live via the Investors section of the Jack in the Box company website at http://investors.jackinthebox.com. A replay of the call will be available through the Jack in the Box Inc. corporate website for 21 days. The call can be accessed via phone by dialing (888) 330-2508 and using ID 4115265.

About Jack in the Box Inc.

Jack in the Box Inc. (NASDAQ: JACK), founded and headquartered in San Diego, California, is a restaurant company that operates and franchises Jack in the Box®, one of the nation's largest hamburger chains with approximately 2,200 restaurants across 21 states, and Del Taco®, the second largest Mexican-American QSR chain by units in the U.S. with approximately 600 restaurants across 16 states. For more information on both brands, including franchising opportunities, visit www.jackinthebox.com and www.deltaco.com.

Category: Earnings

Safe Harbor Statement

This press release contains forward-looking statements within the meaning of the federal securities laws. Forward-looking statements may be identified by words such as “anticipate,” “believe,” “estimate,” “expect,” “forecast,” “goals,” “guidance,” “intend,” “plan,” “project,” “may,” “will,” “would” and similar expressions. These statements are based on management’s current expectations, estimates, forecasts and projections about our business and the industry in which we operate. These estimates and assumptions involve known and unknown risks, uncertainties, and other factors that are in some cases beyond our control. Factors that may cause our actual results to differ materially from any forward-looking statements include, but are not limited to: the success of new products, marketing initiatives and restaurant remodels and drive-thru enhancements; the impact of competition, unemployment, trends in consumer spending patterns and commodity costs; the company’s ability to achieve and manage its planned growth, which is affected by the availability of a sufficient number of suitable new restaurant sites, the performance of new restaurants, risks relating to expansion into new markets and successful franchise development; the ability to attract, train and retain top-performing personnel, litigation risks; risks associated with disagreements with franchisees; supply chain disruption; food-safety incidents or negative publicity impacting the reputation of the company's brand; increased regulatory and legal complexities, risks associated with the amount and terms of the securitized debt issued by certain of our wholly owned subsidiaries; and stock market volatility. These and other factors are discussed in the company’s annual report on Form 10-K and its periodic reports on Form 10-Q filed with the Securities and Exchange Commission, which are available online at http://investors.jackinthebox.com or in hard copy upon request. The company undertakes no obligation to update or revise any forward-looking statement, whether as the result of new information or otherwise.


JACK IN THE BOX INC. AND SUBSIDIARIES<br><br> <br>CONDENSED CONSOLIDATED STATEMENTS OF EARNINGS<br><br> <br>(In thousands, except per share data)<br><br> <br>(Unaudited)
12 Weeks Ended 28 Weeks Ended
April 16, 2023 April 17, 2022 April 16, 2023 April 17, 2022
Revenues:
Company restaurant sales $ 202,604 $ 151,309 $ 472,795 $ 271,365
Franchise rental revenues 83,520 76,556 192,350 179,655
Franchise royalties and other 53,982 47,101 130,372 107,856
Franchise contributions for advertising and other services 55,638 47,328 127,323 108,129
395,744 322,294 922,840 667,005
Operating costs and expenses, net:
Food and packaging 59,310 46,871 141,243 84,408
Payroll and employee benefits 65,035 50,910 153,676 90,635
Occupancy and other 39,275 29,171 90,646 50,048
Franchise occupancy expenses 52,649 49,244 119,873 113,227
Franchise support and other costs 3,260 5,015 5,137 8,926
Franchise advertising and other services expenses 58,143 49,258 132,713 112,566
Selling, general and administrative expenses 39,405 28,213 89,547 53,242
Depreciation and amortization 14,598 11,545 34,000 24,041
Pre-opening costs 154 266 485 576
Other operating expenses (income), net 2,980 14,367 (2,521 ) 18,210
Gains on the sale of company-operated restaurants (704 ) (810 ) (4,529 ) (858 )
334,105 284,050 760,270 555,021
Earnings from operations 61,639 38,244 162,570 111,984
Other pension and post-retirement expenses, net 1,607 70 3,751 163
Interest expense, net 19,357 26,481 45,505 46,668
Earnings before income taxes 40,675 11,693 113,314 65,153
Income taxes 14,168 3,897 33,553 18,087
Net earnings $ 26,507 $ 7,796 $ 79,761 $ 47,066
Net earnings per share:
Basic $ 1.28 $ 0.37 $ 3.83 $ 2.22
Diluted $ 1.27 $ 0.37 $ 3.81 $ 2.21
Weighted-average shares outstanding:
Basic 20,744 21,227 20,845 21,215
Diluted 20,864 21,262 20,946 21,255
Dividends declared per common share $ 0.44 $ 0.44 $ 0.88 $ 0.88

JACK IN THE BOX INC. AND SUBSIDIARIES <br> CONDENSED CONSOLIDATED BALANCE SHEETS <br> (In thousands, except share and per share data) <br> (Unaudited)
October 2, <br><br> 2022
ASSETS
Current assets:
Cash 94,911 $ 108,890
Restricted cash 27,925 27,150
Accounts and other receivables, net 96,657 103,803
Inventories 5,287 5,264
Prepaid expenses 10,856 16,095
Current assets held for sale 9,013 17,019
Other current assets 5,340 4,772
Total current assets 249,989 282,993
Property and equipment:
Property and equipment, at cost 1,251,969 1,228,916
Less accumulated depreciation and amortization (832,065 ) (810,752 )
Property and equipment, net 419,904 418,164
Other assets:
Operating lease right-of-use assets 1,347,035 1,332,135
Intangible assets, net 11,699 12,324
Trademarks 283,500 283,500
Goodwill 353,611 366,821
Other assets, net 237,643 226,569
Total other assets 2,233,488 2,221,349
2,903,381 $ 2,922,506
LIABILITIES AND STOCKHOLDERS’ DEFICIT
Current liabilities:
Current maturities of long-term debt 29,976 $ 30,169
Current operating lease liabilities 166,776 171,311
Accounts payable 58,476 66,271
Accrued liabilities 243,535 253,932
Total current liabilities 498,763 521,683
Long-term liabilities:
Long-term debt, net of current maturities 1,737,032 1,799,540
Long-term operating lease liabilities, net of current portion 1,195,644 1,165,097
Deferred tax liabilities 40,544 37,684
Other long-term liabilities 132,841 134,694
Total long-term liabilities 3,106,061 3,137,015
Stockholders’ deficit:
Preferred stock 0.01 par value, 15,000,000 shares authorized, none issued
Common stock 0.01 par value, 175,000,000 shares authorized, 82,628,545 and 82,580,599 issued, respectively 826 826
Capital in excess of par value 514,395 508,323
Retained earnings 1,904,348 1,842,947
Accumulated other comprehensive loss (53,127 ) (53,982 )
Treasury stock, at cost, 62,230,963 and 61,799,221 shares, respectively (3,067,885 ) (3,034,306 )
Total stockholders’ deficit (701,443 ) (736,192 )
2,903,381 $ 2,922,506

All values are in US Dollars.


JACK IN THE BOX INC. AND SUBSIDIARIES<br><br> <br>CONDENSED CONSOLIDATED STATEMENTS OF CASH FLOWS<br><br> <br>(In thousands) (Unaudited)
Year-to-date
April 16, 2023 April 17, 2022
Cash flows from operating activities:
Net earnings $ 79,761 $ 47,066
Adjustments to reconcile net earnings to net cash provided by operating activities:
Depreciation and amortization 34,000 24,041
Amortization of franchise tenant improvement allowances and incentives 2,237 2,127
Deferred finance cost amortization 2,787 3,060
Loss on extinguishment of debt 7,700
Tax deficiency from share-based compensation arrangements 142 49
Deferred income taxes 1,496 5,529
Share-based compensation expense 5,932 3,934
Pension and post-retirement expense 3,751 163
(Gains) losses on cash surrender value of company-owned life insurance (8,007) 3,163
Gains on the sale of company-operated restaurants (4,529) (858)
Gains on the disposition of property and equipment, net (8,615) (286)
Impairment charges and other 549 1,109
Changes in assets and liabilities, excluding acquisitions:
Accounts and other receivables (1,456) 26,257
Inventories (23) (277)
Prepaid expenses and other current assets 6,344 (6,716)
Operating lease right-of-use assets and lease liabilities 8,561 9,155
Accounts payable (15,994) 1,297
Accrued liabilities (7,043) (52,286)
Pension and post-retirement contributions (3,234) (3,693)
Franchise tenant improvement allowance and incentive disbursements (2,052) (1,629)
Other (499) (1,077)
Cash flows provided by operating activities 94,108 67,828
Cash flows from investing activities:
Purchases of property and equipment (37,196) (20,781)
Acquisition of Del Taco, net of cash acquired (580,792)
Proceeds from the sale of property and equipment 23,371 2,245
Proceeds from the sale and leaseback of assets 3,673 1,861
Proceeds from the sale of company-operated restaurants 18,417 600
Other 1,465 (1,315)
Cash flows provided by (used in) investing activities 9,730 (598,182)
Cash flows from financing activities:
Borrowings on revolving credit facilities 63,000
Repayments of borrowings on revolving credit facilities (50,000) (9,000)
Proceeds from the issuance of debt 1,100,000
Principal repayments on debt (15,088) (572,958)
Payment of debt issuance costs (20,274)
Dividends paid on common stock (18,218) (18,526)
Proceeds from issuance of common stock 51
Repurchases of common stock (32,621)
Payroll tax payments for equity award issuances (1,115) (874)
Cash flows (used in) provided by financing activities (117,042) 541,419
Net (decrease) increase in cash and restricted cash (13,204) 11,065
Cash and restricted cash at beginning of period 136,040 73,568
Cash and restricted cash at end of period $ 122,836 $ 84,633

JACK IN THE BOX INC. AND SUBSIDIARIES SUPPLEMENTAL INFORMATION

The following table presents certain income and expense items included in our condensed consolidated statements of earnings as a percentage of total revenues, unless otherwise indicated. Percentages may not add due to rounding.

CONDENSED CONSOLIDATED STATEMENTS OF EARNINGS DATA<br><br> <br>(Unaudited)
12 Weeks Ended 28 Weeks Ended
April 16, 2023 April 17, 2022 April 16, <br><br> 2023 April 17, <br><br> 2022
Revenues:
Company restaurant sales 51.2 % 46.9 % 51.2 % 40.7 %
Franchise rental revenues 21.1 % 23.8 % 20.8 % 26.9 %
Franchise royalties and other 13.6 % 14.6 % 14.1 % 16.2 %
Franchise contributions for advertising and other services 14.1 % 14.7 % 13.8 % 16.2 %
100.0 % 100.0 % 100.0 % 100.0 %
Operating costs and expenses, net:
Food and packaging (1) 29.3 % 31.0 % 29.9 % 31.1 %
Payroll and employee benefits (1) 32.1 % 33.6 % 32.5 % 33.4 %
Occupancy and other (1) 19.4 % 19.3 % 19.2 % 18.4 %
Franchise occupancy expenses (excluding depreciation and amortization) (2) 63.0 % 64.3 % 62.3 % 63.0 %
Franchise support and other costs (3) 6.0 % 10.6 % 3.9 % 8.3 %
Franchise advertising and other services expenses (4) 104.5 % 104.1 % 104.2 % 104.1 %
Selling, general and administrative expenses 10.0 % 8.8 % 9.7 % 8.0 %
Depreciation and amortization 3.7 % 3.6 % 3.7 % 3.6 %
Pre-opening costs % 0.1 % 0.1 % 0.1 %
Other operating expenses (income), net 0.8 % 4.5 % (0.3 ) % 2.7 %
Gains on the sale of company-operated restaurants (0.2 ) % (0.3 ) % (0.5 ) % (0.1 ) %
Earnings from operations 15.6 % 11.9 % 17.6 % 16.8 %
Income tax rate (5) 34.8 % 33.3 % 29.6 % 27.8 %
____________________________
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(1) As a percentage of company restaurant sales.
(2) As a percentage of franchise rental revenues.
(3) As a percentage of franchise royalties and other.
(4) As a percentage of franchise contributions for advertising and other services.
(5) As a percentage of earnings from operations and before income taxes.

Jack in the Box systemwide sales (in thousands):
12 Weeks Ended 28 Weeks Ended
April 16, 2023 April 17, 2022 April 16, 2023 April 17, 2022
Company-operated restaurant sales $ 95,489 $ 94,250 $ 221,631 $ 214,306
Franchised restaurant sales (1) 931,257 840,468 2,140,239 1,958,144
Systemwide sales (1) $ 1,026,746 $ 934,718 $ 2,361,870 $ 2,172,450
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(1) Franchised restaurant sales represent sales at franchised restaurants and are revenues of our franchisees. Systemwide sales include company and franchised restaurant sales. We do not record<br> franchised sales as revenues; however, our royalty revenues, marketing fees and percentage rent revenues are calculated based on a percentage of franchised sales. We believe franchised and systemwide restaurant sales information is<br> useful to investors as they have a direct effect on the company's profitability.

Del Taco systemwide sales (in thousands):

12 Weeks Ended 28 Weeks Ended
April 16, 2023 April 17, 2022 April 16, 2023^(1)^ April 17, 2022^(1)^
Company-operated restaurant sales $ 107,115 $ 111,143 $ 251,164 $ 254,561
Franchised restaurant sales (2) 118,896 107,966 264,994 246,469
Systemwide sales (2) $ 226,011 $ 219,109 $ 516,158 $ 501,030
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(1) Del Taco has been presented on a pro forma basis has been derived from unaudited financial information to conform to our fiscal year and is for informational purposes only.
(2) Franchised restaurant sales represent sales at franchised restaurants and are revenues of our franchisees. Systemwide sales include company and franchised restaurant sales. We do not record<br> franchised sales as revenues; however, our royalty revenues, marketing fees and percentage rent revenues are calculated based on a percentage of franchised sales. We believe franchised and systemwide restaurant sales information is<br> useful to investors as they have a direct effect on the company's profitability.

JACK IN THE BOX INC. AND SUBSIDIARIES RECONCILIATION OF NON-GAAP MEASUREMENTS TO GAAP RESULTS (Unaudited)

To supplement the condensed consolidated financial statements, which are presented in accordance with GAAP, the company uses the following non-GAAP measures: Adjusted Net Income, Operating Earnings Per Share, Adjusted EBITDA, Restaurant-Level Margin and Franchise-Level Margin. Management believes that these measurements, when viewed with the company's results of operations in accordance with GAAP and the accompanying reconciliations in the tables below, provide useful information about operating performance and period-over-period changes, and provide additional information that is useful for evaluating the operating performance of the company's core business without regard to potential distortions.


Operating Earnings Per Share

Operating Earnings Per Share represents diluted earnings per share on a GAAP basis excluding acquisition, integration, and restructuring costs; COLI (gains) losses, net; pension and post-retirement benefit costs; debt write-off costs; gains on sale of real estate to franchisees; and the tax impacts of the related adjustments. Operating Earnings Per Share should be considered as a supplement to, not as a substitute for, analysis of results as reported under U.S. GAAP or other similarly titled measures of other companies. Management believes Operating Earnings Per Share provides investors with a meaningful supplement of the company’s operating performance and period-over-period changes without regard to potential distortions.

Below is a reconciliation of non-GAAP Adjusted Net Income to the most directly comparable GAAP measure of net income. Also below is a reconciliation of non-GAAP Operating Earnings Per Share to the most directly comparable GAAP measure, diluted earnings per share. Figures may not add due to rounding.

12 Weeks Ended
April 16, 2023 April 17, 2022
Net income, as reported $ 26,507 $ 7,796
Acquisition, integration, and restructuring costs 1,259 13,098
Net COLI (gains) losses (844 ) 2,136
Pension, post-retirement benefit costs 1,607 70
Debt write-off costs 7,700
Refranchising gains (704 ) (810 )
Tax impact of adjustments (1) 2,939 (5,279 )
Non-GAAP Adjusted Net Income $ 30,764 $ 24,711
Weighted-average shares outstanding - diluted 20,864 21,262
Diluted earnings per share – GAAP $ 1.27 $ 0.37
Acquisition, integration, and restructuring costs 0.06 0.62
Net COLI (gains) losses (0.04 ) 0.10
Pension, post-retirement benefit costs 0.08
Debt write-off costs 0.36
Refranchising gains (0.03 ) (0.04 )
Tax impact of adjustments (1) 0.13 (0.25 )
Operating Earnings Per Share – non-GAAP (2) $ 1.47 $ 1.16
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(1) Tax impact calculated based on the non-GAAP Operating EPS tax rate of 26.7% in the current year and 27.1% in the prior year.
(2) Operating Earnings Per Share may not add due to rounding.

Adjusted EBITDA

Adjusted EBITDA represents net earnings on a GAAP basis excluding income taxes, interest expense, net, gains or losses on the sale of company-operated restaurants, other operating expenses (income), net, depreciation and amortization, amortization of favorable and unfavorable leases and subleases, net and the amortization of franchise tenant improvement allowances and other. Adjusted EBITDA should be considered as a supplement to, not as a substitute for, analysis of results as reported under U.S. GAAP or other similarly titled measures of other companies. Management believes Adjusted EBITDA is useful to investors to gain an understanding of the factors and trends affecting the company's ongoing cash earnings, from which capital investments are made and debt is serviced.

Below is a reconciliation of non-GAAP Adjusted EBITDA to the most directly comparable GAAP measure, net earnings (in thousands).

12 Weeks Ended
April 16, 2023 April 17, 2022
Net earnings - GAAP $ 26,507 $ 7,796
Income taxes 14,168 3,897
Interest expense, net 19,357 26,481
Gains on the sale of company-operated restaurants (704 ) (810 )
Other operating expenses (income), net 2,980 14,367
Depreciation and amortization 14,598 11,545
Amortization of favorable and unfavorable leases and subleases, net 833 248
Amortization of franchise tenant improvement allowances and other 1,022 893
Adjusted EBITDA – non-GAAP $ 78,761 $ 64,417

Restaurant-Level Margin

Restaurant-Level Margin is defined as company restaurant sales less restaurant operating costs (food and packaging, labor, and occupancy costs) and is neither required by, nor presented in accordance with GAAP. Restaurant-Level Margin excludes revenues and expenses of our franchise operations and certain costs, such as selling, general, and administrative expenses, depreciation and amortization, other operating expenses (income), net, gains or losses on the sale of company-operated restaurants, and other costs that are considered normal operating costs. As such, Restaurant-Level Margin is not indicative of the overall results of the company and does not accrue directly to the benefit of shareholders because of the exclusion of corporate-level expenses. Restaurant-Level Margin should be considered as a supplement to, not as a substitute for, analysis of results as reported under GAAP or other similarly titled measures of other companies. The company is presenting Restaurant-Level Margin because it believes that it provides a meaningful supplement to net earnings of the company's core business operating results, as well as a comparison to those of other similar companies. Management utilizes Restaurant-Level Margin as a key performance indicator to evaluate the profitability of company-operated restaurants.

Below is a reconciliation of non-GAAP Restaurant-Level Margin to the most directly comparable GAAP measure, earnings from operations (in thousands):

Jack in the Box Del Taco
April 16, 2023 April 17, 2022 April 16, 2023 April 17, 2022
Earnings from operations - GAAP $ 60,313 $ 34,660 $ 1,327 $ 3,584
Franchise rental revenues (80,910 ) (75,692 ) (2,609 ) (864 )
Franchise royalties and other (48,072 ) (44,430 ) (5,911 ) (2,673 )
Franchise contributions for advertising and other services (50,361 ) (44,965 ) (5,277 ) (2,361 )
Franchise occupancy expenses 50,008 48,403 2,642 841
Franchise support and other costs 2,735 4,828 525 186
Franchise advertising and other services expenses 52,660 46,849 5,483 2,409
Selling, general and administrative expenses 24,883 21,636 14,521 6,577
Depreciation and amortization 8,283 9,340 6,315 2,205
Pre-opening costs 102 266 52
Other operating expenses (income), net 1,711 14,087 1,269 279
Gains on the sale of company-operated restaurants (904 ) (810 ) 200
Restaurant-Level Margin- Non-GAAP $ 20,448 $ 14,172 $ 18,537 $ 10,183
Company restaurant sales $ 95,489 $ 94,250 $ 107,115 $ 57,059
Restaurant-Level Margin % - Non-GAAP 21.4 % 15.0 % 17.3 % 17.8 %

Franchise-Level Margin

Franchise-Level Margin is defined as franchise revenues less franchise operating costs (occupancy expenses, advertising contributions, and franchise support and other costs) and is neither required by, nor presented in accordance with GAAP. Franchise-Level Margin excludes revenue and expenses of our company-operated restaurants and certain costs, such as selling, general, and administrative expenses, depreciation and amortization, other operating expenses (income), net, and other costs that are considered normal operating costs. As such, Franchise-Level Margin is not indicative of the overall results of the company and does not accrue directly to the benefit of shareholders because of the exclusion of corporate-level expenses. Franchise-Level Margin should be considered as a supplement to, not as a substitute for, analysis of results as reported under GAAP or other similarly titled measures of other companies. The company is presenting Franchise-Level Margin because it believes that it provides a meaningful supplement to net earnings of the company's core business operating results, as well as a comparison to those of other similar companies. Management utilizes Franchise-Level Margin as a key performance indicator to evaluate the profitability of our franchise operations.

Below is a reconciliation of non-GAAP Franchise-Level Margin to the most directly comparable GAAP measure, earnings from operations (in thousands):

Jack in the Box Del Taco
April 16, 2023 April 17, 2022 April 16, 2023 April 17, 2022
Earnings from operations - GAAP $ 60,313 $ 34,660 $ 1,327 $ 3,584
Company restaurant sales (95,489 ) (94,250 ) (107,115 ) (57,059 )
Food and packaging 29,841 30,687 29,468 16,184
Payroll and employee benefits 29,200 32,007 35,835 18,904
Occupancy and other 15,999 17,384 23,276 11,788
Selling, general and administrative expenses 24,883 21,636 14,521 6,577
Depreciation and amortization 8,283 9,340 6,315 2,205
Pre-opening costs 102 266 52
Other operating expenses (income), net 1,711 14,087 1,269 279
Gains on the sale of company-operated restaurants (904 ) (810 ) 200
Franchise-Level Margin - Non-GAAP $ 73,939 $ 65,007 $ 5,148 $ 2,462
Franchise rental revenues $ 80,910 $ 75,692 $ 2,609 $ 864
Franchise royalties and other 48,072 44,430 5,911 2,673
Franchise contributions for advertising and other services 50,361 44,965 5,277 2,361
Total franchise revenues $ 179,343 $ 165,087 $ 13,797 $ 5,898
Franchise-Level Margin % - Non-GAAP 41.2 % 39.4 % 37.3 % 41.7 %

Contacts

Chris Brandon

        Vice President, Investor Relations 

        chris.brandon@jackinthebox.com

        619.902.0269