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| JNY > SEC Filings for JNY > Form 8-K on 28-Oct-2009 | All Recent SEC Filings |
28-Oct-2009
Results of Operations and Financial Condition, Regulation FD Disclosure,
On October 28, 2009, Jones Apparel Group, Inc. (the "Company") issued a press release reporting its results of operations for the fiscal quarter ended October 3, 2009.
A copy of the press release is attached as Exhibit 99.1 to this report.
This information shall not be deemed "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), or incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by specific reference in such a filing.
The press release attached as Exhibit 99.1 contains non-GAAP financial measures within the meaning of Regulation G promulgated by the Securities and Exchange Commission. For purposes of Regulation G, a non-GAAP financial measure is a numerical measure of a company's performance, financial position, or cash flows that either excludes or includes amounts that are not normally excluded or included in the most directly comparable measure calculated and presented in accordance with generally accepted accounting principles. To supplement the Company's consolidated financial statements presented in accordance with GAAP, it is presenting non-GAAP information regarding the effect on earnings per share from the loss and costs associated with the repurchase of 4.250% Senior Notes, the write-off of deferred financing fees related to the Company's prior revolving credit facility, costs related to the exit from or restructuring of certain moderate sportswear lines and the repositioning of l.e.i. as an exclusive Walmart stores product, fixed asset impairment and other charges related to the closure of underperforming retail locations announced in April 2009, severance related to the restructuring of the Company's costume jewelry business, certain charges associated with the bankruptcy of the Company's former U.K. licensee and severance and other expenses related to restructuring activities and certain other charges.
These non-GAAP measures are provided to enhance the user's overall understanding of the Company's current financial performance. Specifically, the Company believes the non-GAAP results provide useful information to both management and investors by excluding certain expenses that may not be indicative of the Company's core operating results. In addition, because the Company has historically reported certain non-GAAP results to investors, the Company believes the inclusion of non-GAAP numbers provides consistency in its financial reporting. These measures should be considered in addition to results prepared in accordance with GAAP, but are not a substitute for or superior to GAAP results. The non-GAAP measures of adjusted net income and adjusted diluted earnings per share included in the attached press release have been reconciled to the equivalent GAAP measure.
A copy of the PowerPoint slide presentation to be made during the conference call with Company management on October 28, 2009 concerning the Company's results of operation for the fiscal quarter ended October 3, 2009 is attached as Exhibit 99.2 to this report.
This information shall not be deemed "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), or incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by specific reference in such a filing.
Exhibit No. Description
99.1 Press Release of the Registrant dated October 28, 2009.
99.2 PowerPoint slide presentation dated October 28, 2009.
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