8-K
false000188794400018879442023-12-192023-12-19

 

 

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): December 19, 2023

Shimmick Corporation

(Exact name of Registrant as Specified in Its Charter)

Delaware

001-41867

84-3749368

(State or Other Jurisdiction

of Incorporation)

(Commission File Number)

(IRS Employer

Identification No.)

 

 

 

530 Technology Drive

Suite 300

Irvine, CA

92618

(Address of Principal Executive Offices)

(Zip Code)

Registrant’s Telephone Number, Including Area Code: (833) 723-2021

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, par value $0.01 per share

 

SHIM

 

NASDAQ

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 December 19, 2023, Shimmick Corporation issued a press release announcing financial results for the third quarter of fiscal 2023. A copy of this press release is furnished with this Current Report on Form 8-K as Exhibit 99.1 and incorporated herein by reference.

The information in this Item 2.02 and Exhibit 99.1 attached hereto is being furnished pursuant to Item 2.02 and shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any registration statement or other 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 filing.

Item 9.01 Financial Statements and Exhibits.

 

 

Exhibit

Number

Description

99.1

 

Press Release

104

 

Cover Page Interactive Data File (embedded within the Inline XBRL document)

 

 

 

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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.

 

Shimmick Corporation

Date: December 19, 2023

By:

/s/ Devin J. Nordhagen

Devin J. Nordhagen

Executive Vice President, Chief Financial Officer

 

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EX-99.1

 

Exhibit 99.1

Shimmick Corp. Announces Third Quarter 2023 Results

Third Quarter 2023 Financial Highlights

Revenue of $175 million
Net income attributable to Shimmick of $35 million
Diluted earnings per common share of $1.58
Adjusted net income of $37 million
Adjusted diluted earnings per common share of $1.67
Adjusted EBITDA of $42 million
Backlog of $1.2 billion as of September 29, 2023

 

 

Irvine, CA, December 19, 2023 – Shimmick Corp. (Nasdaq: SHIM), a leading water infrastructure company, today reported financial results for the third quarter ended September 29, 2023.

 

“Shimmick has been energized by the support we received from our new investors in our IPO. Being a public company will help Shimmick continue its growth trajectory,” said Steve Richards, Chief Executive Officer of Shimmick. “Shimmick has demonstrated the ability to self-perform many complex water projects which has transformed our portfolio over the last few years to higher margin projects. With that, I am pleased to report that we delivered a strong third quarter. Shimmick has become more profitable, as evidenced by the year-over-year expansion of our gross margin in the third quarter of 260 basis points and increases in adjusted net income to $37 million, or 70%, and adjusted EBITDA to $42 million, or 63%, from the prior year quarter.”

 

“We believe our focus on the right projects combined with our strategic initiatives will continue to drive growth and increased profitability in the future. I want to thank all the employees at Shimmick for their tireless effort and hard work that has resulted in our successful IPO. We are excited about the future and look forward to partnering with our new investors going forward,” concluded Mr. Richards.

 

Third Quarter 2023 Financial Results

 

Revenue was $175 million for the three months ended September 29, 2023, a decrease of 5% compared to the same period in 2022, primarily due to a $34 million decrease in revenue from legacy jobs awarded prior to the January 2, 2021 AECOM Sale Transactions, which includes a decrease of $4 million in legacy loss job revenue, as a result of jobs winding down, partially offset by an increase in post-AECOM Sale Transactions jobs of $25 million as a result of new jobs and jobs that were just ramping up in the prior year. Gross margin dollars were $17 million, or 10% of revenue, compared to $13 million, or 7% of revenue, compared to the same period in 2022. The 260-basis point improvement in gross margin was

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primarily driven by management’s shift in job-bidding strategy toward higher margin, lower risk jobs, resulting in a $9 million reduction in revenue discussed above, partially offset by a decrease of $13 million in cost of revenue primarily due to timing of work performed.

Net income attributable to Shimmick was $35 million for the three months ended September 29, 2023, compared to $18 million in the same period in 2022.

Diluted earnings per common share was $1.58 for the three months ended September 29, 2023, compared to $0.82 for the same period in 2022.

Adjusted net income was $37 million for the three months ended September 29, 2023, compared to $22 million in the same period in 2022.

Adjusted diluted earnings per common share of $1.67 for the three months ended September 29, 2023.

Adjusted EBITDA was $42 million for the three months ended September 29, 2023, compared to $26 million in the same period in 2022.

Backlog for the third quarter was $1.2 billion as of September 29, 2023.

 

Conference Call and Webcast Information

Shimmick will host an investor conference call this afternoon, Tuesday, December 19th, at 5:00 pm ET. Interested parties are invited to listen to the conference call which can be accessed live over the phone by dialing (877)-869-3847, or for international callers, (201)-689-8261. A replay will be available two hours after the call and can be accessed by dialing (877)-660-6853, or for international callers, (201)-612-7415. The passcode for the live call and the replay is 13742958. The replay will be available until January 4, 2024. Interested investors and other parties may also listen to a simultaneous webcast of the conference call by visiting the Investors section of the Company’s website at www.shimmick.com. The online replay will be available for a limited time beginning immediately following the call.

 

About Shimmick Corporation

Shimmick (NASDAQ: SHIM) is a leading provider of water infrastructure solutions nationwide. Shimmick has a long history of working on complex water projects, ranging from the world’s largest wastewater recycling and purification system in California to the iconic Hoover Dam. According to Engineering News Record, in 2023, Shimmick was nationally ranked as a top ten builder of water supply (#6), dams and reservoirs (#7), and water treatment and desalination plants (#7). Shimmick is led by industry veterans, many with over 20 years of experience, and works closely with its customers to deliver complete solutions, including long-term operations and maintenance.

 

Forward-Looking Statements

 

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This release contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended (the "Exchange Act"). These forward-looking statements are often characterized by the use of words such as “may,” “should,” “expects,” “plans,” “anticipates,” “could,” “intends,” “targets,” “projects,” “contemplates,” “believes,” “estimates,” “predicts,” “potential” or “continue” or the negative of these terms or other similar words. Forward-looking statements are only predictions based on our current expectations and our projections about future events, and we undertake no obligation to update any forward-looking statement to reflect events or circumstances, including, but not limited to, unanticipated events, after the date on which such statement is made, unless otherwise required by law. Forward-looking statements contained in this release include, but are not limited to, statements about: expected future financial performance (including the assumptions related thereto), including our revenue, net income and expected EBITDA; our growth prospects; our expectations regarding profitability; our continued successful adjustment to becoming a public company following our initial public offering; our expectations regarding successful partnerships with our new investors; and our capital plans and expectations related thereto. These statements involve risks and uncertainties, and actual results may differ materially from any future results expressed or implied by the forward-looking statements. Forward-looking statements are only predictions based on our current expectations and our projections about future events, and we undertake no obligation to update any forward-looking statement to reflect events or circumstances, including, but not limited to, unanticipated events, after the date on which such statement is made, unless otherwise required by law.

 

We wish to caution readers that, although we believe any forward-looking statements are based on reasonable assumptions, certain important factors may have affected and could in the future affect our actual financial results and could cause our actual financial results for subsequent periods to differ materially from those expressed in any forward-looking statement made by or on our behalf, including, but not limited to, the following: our ability to accurately estimate risks, requirements or costs when we bid on or negotiate a contract; the impact of our fixed-price contracts; qualifying as an eligible bidder for contracts; the availability of qualified personnel, joint venture partners and subcontractors; inability to attract and retain qualified managers and skilled employees and the impact of loss of key management; higher costs to lease, acquire and maintain equipment necessary for our operations or a decline in the market value of owned equipment; subcontractors failing to satisfy their obligations to us or other parties or any inability to maintain subcontractor relationships; marketplace competition; our limited operating history as an independent company following our separation from AECOM; our inability to obtain bonding; disputes with our prior owner, AECOM, and requirements to make future payments to AECOM; AECOM defaulting on its contractual obligations to us or under agreements in which we are beneficiary; our limited number of customers; dependence on subcontractors and suppliers of materials; any inability to secure sufficient aggregates; an inability to complete a merger or acquisition or to integrate an acquired company’s business; adjustments in our contact backlog; accounting for our revenue and costs involves significant estimates, as does our use of the input method of revenue recognition based on costs incurred relative to total expected costs; any failure to comply with covenants under any current indebtedness, and future indebtedness we may incur; the adequacy of sources of liquidity; cybersecurity attacks against, disruptions, failures or security breaches of, our information technology systems; seasonality of our

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business; pandemics and health emergencies; commodity products price fluctuations and rising inflation and/or interest rates; liabilities under environmental laws, compliance with immigration laws, and other regulatory matters, including changes in regulations and laws; climate change; deterioration of the U.S. economy; geopolitical risks, including those related to the war between Russia and Ukraine and the conflict in the Gaza strip; and other risks detailed in our filings with the Securities and Exchange Commission, including the “Risk Factors” section in our final prospectus filed November 15, 2023 with the U.S. Securities and Exchange Commission (the “SEC”) pursuant to Rule 424(b)(4) under the Securities Act relating to our Registration Statement on Form S-1 and those described from time to time in our future reports with the SEC.

 

Non-GAAP Definitions This press release includes unaudited non-GAAP financial measures, adjusted EBITDA and adjusted net income and adjusted diluted earnings per common share. For definitions of these non-GAAP financial measures and reconciliations to the most comparable GAAP measures, see "Explanatory Notes" and tables that following in this press release. The presentation of non-GAAP financial measures is not intended to be a substitute for, and should not be considered in isolation from, the financial measures reported in accordance with GAAP.

 

Please refer to the Itemized Reconciliation between Net income Attributable to Shimmick Corporation and Adjusted Net Income and Adjusted diluted earnings per common share included within Table A and the Itemized Reconciliation between Net income Attributable to Shimmick Corporation and Adjusted EBITDA included within Table B below.

 

Investor Relations

949-704-2350

ir@shimmick.com

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Shimmick Corporation

Condensed Consolidated Balance Sheets

(In thousands, except share data)

(unaudited)

 

 

September 29,

 

 

December 30,

 

 

 

2023

 

 

2022

 

ASSETS

 

 

 

 

 

 

 

 

 

 

 

 

 

CURRENT ASSETS

 

 

 

 

 

 

Cash and cash equivalents

 

$

61,862

 

 

$

77,762

 

Restricted cash

 

 

1,294

 

 

 

4,323

 

Accounts receivable, net

 

 

68,442

 

 

 

56,430

 

Contract assets, current

 

 

123,388

 

 

 

80,901

 

Prepaids and other current assets

 

 

15,704

 

 

 

14,060

 

 

 

 

 

 

 

 

TOTAL CURRENT ASSETS

 

 

270,690

 

 

 

233,476

 

 

 

 

 

 

 

 

Property, plant and equipment, net

 

 

50,114

 

 

 

55,208

 

Intangible assets, net

 

 

9,888

 

 

 

12,044

 

Contract assets, non-current

 

 

51,671

 

 

 

84,024

 

Lease right-of-use assets

 

 

25,997

 

 

 

22,690

 

Investment in unconsolidated joint ventures

 

 

27,002

 

 

 

17,363

 

Deferred tax assets

 

 

18,851

 

 

 

18,851

 

Other assets

 

 

2,921

 

 

 

3,143

 

 

 

 

 

 

 

 

TOTAL ASSETS

 

$

457,134

 

 

$

446,799

 

 

 

 

 

 

 

 

LIABILITIES AND STOCKHOLDERS' EQUITY

 

 

 

 

 

 

 

 

 

 

 

 

 

CURRENT LIABILITIES

 

 

 

 

 

 

Accounts payable

 

$

92,063

 

 

$

67,541

 

Contract liabilities, current

 

 

119,485

 

 

 

163,725

 

Accrued salaries, wages and benefits

 

 

33,814

 

 

 

36,248

 

Accrued expenses

 

 

38,715

 

 

 

60,758

 

Other current liabilities

 

 

13,134

 

 

 

12,672

 

 

 

 

 

 

 

 

TOTAL CURRENT LIABILITIES

 

 

297,211

 

 

 

340,944

 

 

 

 

 

 

 

 

Long-term debt, net

 

 

33,407

 

 

 

 

Lease liabilities, non-current

 

 

16,824

 

 

 

14,442

 

Contract liabilities, non-current

 

 

2,887

 

 

 

1,846

 

Contingent consideration

 

 

15,673

 

 

 

15,662

 

Deferred tax liabilities

 

 

18,851

 

 

 

18,851

 

Other liabilities

 

 

3,898

 

 

 

3,459

 

 

 

 

 

 

 

 

TOTAL LIABILITIES

 

 

388,751

 

 

 

395,204

 

 

 

 

 

 

 

 

Commitments and Contingencies

 

 

 

 

 

 

 

 

 

 

 

 

 

STOCKHOLDERS' EQUITY

 

 

 

 

 

 

Common stock, $0.01 par value, 27,386,000 shares authorized as of September 29, 2023
   and December 30, 2022; 21,918,877 and 21,908,800 shares issued and outstanding as of
   September 29, 2023 and December 30, 2022, respectively

 

 

219

 

 

 

219

 

Additional paid-in-capital

 

 

4,901

 

 

 

3,341

 

Retained earnings

 

 

64,013

 

 

 

49,083

 

Non-controlling interests

 

 

(750

)

 

 

(1,048

)

 

 

 

 

 

 

 

TOTAL STOCKHOLDERS' EQUITY

 

 

68,383

 

 

 

51,595

 

 

 

 

 

 

 

 

TOTAL LIABILITIES AND STOCKHOLDERS' EQUITY

 

$

457,134

 

 

$

446,799

 

 

5


 

Shimmick Corporation

Condensed Consolidated Statements of Operations

(In thousands, except per share data)

(unaudited)

 

 

 

Three Months Ended

 

 

Nine Months Ended

 

 

 

September 29,

 

 

September 30,

 

 

September 29,

 

 

September 30,

 

 

 

2023

 

 

2022

 

 

2023

 

 

2022

 

Revenue

 

$

175,448

 

 

$

184,367

 

 

$

494,744

 

 

$

477,945

 

Cost of revenue

 

 

158,436

 

 

 

171,222

 

 

 

471,967

 

 

 

459,428

 

Gross margin

 

 

17,012

 

 

 

13,145

 

 

 

22,777

 

 

 

18,517

 

Selling, general and administrative expenses

 

 

13,364

 

 

 

14,904

 

 

 

45,867

 

 

 

43,833

 

Amortization of intangibles

 

 

658

 

 

 

658

 

 

 

1,974

 

 

 

1,974

 

Total operating expenses

 

 

14,022

 

 

 

15,562

 

 

 

47,841

 

 

 

45,807

 

Equity in earnings of unconsolidated joint ventures

 

 

2,577

 

 

 

19,604

 

 

 

9,570

 

 

 

58,380

 

Gain (loss) on sale of assets

 

 

30,069

 

 

 

 

 

 

31,749

 

 

 

 

Income from operations

 

 

35,636

 

 

 

17,187

 

 

 

16,255

 

 

 

31,090

 

Other expense (income), net

 

 

805

 

 

 

(677

)

 

 

1,068

 

 

 

8,863

 

Net income before income tax

 

 

34,831

 

 

 

17,864

 

 

 

15,187

 

 

 

22,227

 

Income tax expense

 

 

 

 

 

 

 

 

 

 

 

1,257

 

Net income

 

 

34,831

 

 

 

17,864

 

 

 

15,187

 

 

 

20,970

 

Net income (loss) attributable to non-controlling interests

 

 

264

 

 

 

(102

)

 

 

257

 

 

 

(706

)

Net income attributable to Shimmick Corporation

 

$

34,567

 

 

$

17,966

 

 

$

14,930

 

 

$

21,676

 

Net income attributable to Shimmick Corporation per common share

 

 

 

 

 

 

 

 

 

 

 

 

Basic

 

$

1.58

 

 

$

0.82

 

 

$

0.68

 

 

$

0.99

 

Diluted

 

$

1.58

 

 

$

0.82

 

 

$

0.68

 

 

$

0.99

 

 

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Shimmick Corporation

Condensed Consolidated Statements of Cash Flows

(In thousands)

(unaudited)

 

 

 

Nine Months Ended

 

 

Nine Months Ended

 

 

 

September 29,

 

 

September 30,

 

 

 

2023

 

 

2022

 

Cash Flows From Operating Activities

 

 

 

 

 

 

Net income

 

$

15,187

 

 

$

20,970

 

Adjustments to reconcile net income to net cash used in operating
   activities:

 

 

 

 

 

 

Stock-based compensation

 

 

1,547

 

 

 

1,776

 

Depreciation and amortization

 

 

13,186

 

 

 

11,856

 

Equity in earnings of unconsolidated joint ventures

 

 

(9,570

)

 

 

(58,380

)

Return on investment in unconsolidated joint ventures

 

 

14,220

 

 

 

54,595

 

Gain on sale of assets

 

 

(31,749

)

 

 

 

Other

 

 

111

 

 

 

9,478

 

Changes in operating assets and liabilities:

 

 

 

 

 

 

Accounts receivable, net

 

 

(12,012

)

 

 

26,630

 

Due from unconsolidated joint ventures

 

 

313

 

 

 

7,316

 

Contract assets

 

 

(10,134

)

 

 

(36,133

)

Accounts payable

 

 

24,221

 

 

 

2,883

 

Contract liabilities

 

 

(41,797

)

 

 

(78,105

)

Accrued expenses

 

 

(22,042

)

 

 

19,273

 

Accrued salaries, wages and benefits

 

 

(2,073

)

 

 

13,216

 

Other assets and liabilities

 

 

(4,184

)

 

 

(545

)

Net cash used in operating activities

 

 

(64,776

)

 

 

(5,170

)

Cash Flows From Investing Activities

 

 

 

 

 

 

Net working capital settlement in association with business
   combination

 

 

 

 

 

32,000

 

Purchases of property, plant and equipment

 

 

(6,140

)

 

 

(8,188

)

Proceeds from sale of assets

 

 

34,983

 

 

 

4,162

 

Unconsolidated joint venture equity contributions

 

 

(19,670

)

 

 

(19,709

)

Return of investment in unconsolidated joint ventures

 

 

3,980

 

 

 

486

 

Net cash provided by investing activities

 

 

13,153

 

 

 

8,751

 

Cash Flows From Financing Activities

 

 

 

 

 

 

Payments on finance lease obligation

 

 

(228

)

 

 

(227

)

Net borrowings on revolving credit facility

 

 

33,722

 

 

 

 

Contributions from non-controlling interests

 

 

301

 

 

 

 

Distributions to non-controlling interests

 

 

(260

)

 

 

(628

)

Other

 

 

(841

)

 

 

 

Net cash provided by (used in) financing activities

 

 

32,694

 

 

 

(855

)

Net (decrease) increase in cash, cash equivalents and restricted cash

 

 

(18,929

)

 

 

2,726

 

Cash, cash equivalents and restricted cash, beginning of period

 

 

82,085

 

 

 

81,903

 

Cash, cash equivalents and restricted cash, end of period

 

$

63,156

 

 

$

84,629

 

Reconciliation of cash, cash equivalents and restricted cash to the

 

 

 

 

 

 

Condensed Consolidated Balance Sheets

 

 

 

 

 

 

Cash and cash equivalents

 

 

61,862

 

 

 

80,558

 

Restricted cash

 

 

1,294

 

 

 

4,070

 

Total cash, cash equivalents and restricted cash

 

$

63,156

 

 

$

84,628

 

 

 

 

 

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EXPLANATORY NOTES

Non-GAAP Financial Measures

 

Adjusted Net Income and Adjusted Diluted Earnings Per Common Share

 

Adjusted net income represents net income attributable to Shimmick Corporation adjusted to eliminate changes in fair value of contingent consideration, IPO and transaction-related costs, stock-based compensation, and legal fees and other costs for a legacy loss job.

 

We have included adjusted net income in this press release because it is a key measure used by our management and Board to understand and evaluate our core operating performance and trends, to prepare and approve our annual budget and to develop short and long-term operational plans. In particular, we believe that the exclusion of the income and expenses eliminated in calculating adjusted net income can provide a useful measure for period-to-period comparisons of our core business. Accordingly, we believe that adjusted net income provides useful information to investors and others in understanding and evaluating our results of operations.

 

Our use of adjusted net income as an analytical tool has limitations, and you should not consider it in isolation or as a substitute for analysis of our financial results as reported under GAAP. Some of these limitations are:

Adjusted net income does not reflect changes in, or cash requirements for, our working capital needs,
Adjusted net income does not reflect the potentially dilutive impact of stock-based compensation, and
other companies, including companies in our industry, might calculate Adjusted net income or similarly titled measures differently, which reduces their usefulness as comparative measures.

 

Because of these and other limitations, you should consider adjusted net income alongside Net income attributable to Shimmick Corporation, which is the most directly comparable GAAP measure.

 

 

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Table A

 

Itemized Reconciliation between Net income Attributable to

Shimmick Corporation and Adjusted Net Income

(unaudited)

 

 

Three Months Ended

 

 

Nine Months Ended

 

September 29,

 

 

September 30,

 

 

September 29,

 

 

September 30,

 

(In thousands, except per share data)

2023

 

 

2022

 

 

2023

 

 

2022

 

Net income attributable to Shimmick Corporation

$

34,567

 

 

$

17,966

 

 

$

14,930

 

 

$

21,676

 

Changes in fair value of contingent consideration

 

(339

)

 

 

56

 

 

 

11

 

 

 

9,556

 

IPO and transaction-related costs

 

230

 

 

 

700

 

 

 

1,797

 

 

 

2,739

 

Stock-based compensation

 

496

 

 

 

884

 

 

 

1,547

 

 

 

1,776

 

Legal fees and other costs for a legacy loss job (1)

 

1,708

 

 

 

2,092

 

 

 

6,346

 

 

 

8,695

 

Adjusted net income

$

36,662

 

 

$

21,698

 

 

$

24,631

 

 

$

44,442

 

Adjusted net income attributable to Shimmick Corporation per common share

 

 

 

 

 

 

 

 

 

 

 

      Basic

$

1.67

 

 

$

0.99

 

 

$

1.12

 

 

$

2.03

 

      Diluted

$

1.67

 

 

$

0.99

 

 

$

1.12

 

 

$

2.03

 

 

(1) Consists of legal fees and other costs incurred in connection with claims relating to a legacy project.

 

 

Adjusted EBITDA

 

Adjusted EBITDA represents earnings attributable to Shimmick Corporation before interest expense (income), income tax expense (benefit) and depreciation and amortization, adjusted to eliminate changes in fair value of contingent consideration, IPO and transaction-related costs, stock-based compensation, and legal fees and other costs for a legacy loss job.

 

We have included Adjusted EBITDA in this press release because it is a key measure used by our management and Board to understand and evaluate our core operating performance and trends, to prepare and approve our annual budget and to develop short and long-term operational plans. In particular, we believe that the exclusion of the income and expenses eliminated in calculating Adjusted EBITDA can provide a useful measure for period-to-period comparisons of our core business. Accordingly, we believe that Adjusted EBITDA provides useful information to investors and others in understanding and evaluating our results of operations.

 

Our use of Adjusted EBITDA as an analytical tool has limitations, and you should not consider it in isolation or as a substitute for analysis of our financial results as reported under GAAP. Some of these limitations are:

although depreciation and amortization are non-cash charges, the assets being depreciated and amortized might have to be replaced in the future, and Adjusted EBITDA does not reflect cash capital expenditure requirements for such replacements or for new capital expenditure requirements,

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Adjusted EBITDA does not reflect changes in, or cash requirements for, our working capital needs,
Adjusted EBITDA does not reflect the potentially dilutive impact of stock-based compensation,
Adjusted EBITDA does not reflect interest or tax payments that would reduce the cash available to us, and
other companies, including companies in our industry, might calculate Adjusted EBITDA or similarly titled measures differently, which reduces their usefulness as comparative measures.

 

Because of these and other limitations, you should consider Adjusted EBITDA alongside Net income attributable to Shimmick Corporation, which is the most directly comparable GAAP measure.

 

 

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Table B

 

Itemized Reconciliation between Net income Attributable to

Shimmick Corporation and Adjusted EBITDA

(unaudited)

 

 

Three Months Ended

 

 

Nine Months Ended

 

September 29,

 

 

September 30,

 

 

September 29,

 

 

September 30,

 

(In thousands, except per share data)

2023

 

 

2022

 

 

2023

 

 

2022

 

Net income attributable to Shimmick Corporation

$

34,567

 

 

$

17,966

 

 

$

14,930

 

 

$

21,676

 

Depreciation and amortization

 

4,637

 

 

 

4,005

 

 

 

13,186

 

 

 

11,856

 

Interest expense (income)

 

413

 

 

 

15

 

 

 

1,020

 

 

 

66

 

Income tax expense (benefit)

 

 

 

 

-

 

 

 

 

 

 

1,257

 

Changes in fair value of
   contingent consideration

 

(339

)

 

 

56

 

 

 

11

 

 

 

9,556

 

IPO and transaction-related costs

 

230

 

 

 

700

 

 

 

1,797

 

 

 

2,739

 

Stock-based compensation

 

496

 

 

 

884

 

 

 

1,547

 

 

 

1,776

 

Legal fees and other costs for a legacy loss job (1)

 

1,708

 

 

 

2,092

 

 

 

6,346

 

 

 

8,695

 

Adjusted EBITDA

$

41,712

 

 

$

25,718

 

 

$

38,837

 

 

$

57,621

 

 

(1) Consists of legal fees and other costs incurred in connection with claims relating to a legacy project.

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