REPUBLIC SERVICES, INC. quarterly report, Q3 FY2010

Republic Services, Inc. — Q3 2010 Form 10-Q

Reporting period: Quarter and nine months ended September 30, 2010; filed November 5, 2010. Financial statements are unaudited. Republic provides non-hazardous solid-waste collection, transfer, recycling and disposal services across four geographic regions.

Financial performance

MetricQ3 2010Q3 2009Nine months 2010Nine months 2009
Revenue$2,061.7 million$2,073.5 million$6,085.8 million$6,200.1 million
Operating income$367.6 million$386.9 million$1,149.7 million$1,260.6 million
Operating margin17.8%18.7%18.9%20.3%
Net income attributable to Republic$134.2 million$120.5 million$358.9 million$459.4 million
Diluted EPS$0.35$0.32$0.93$1.21
Operating cash flow$368.9 million$324.8 million$963.7 million$1,012.4 million
Free cash flow$187.7 million$143.5 million$409.7 million$492.7 million

Free cash flow is a company-defined, non-GAAP measure: operating cash flow less property-and-equipment purchases plus asset-sale proceeds. It excludes debt service, dividends and other required or committed expenditures.

Balance sheet, debt and liquidity

  • At September 30, cash and cash equivalents were $120.5 million; restricted cash and marketable securities were $206.1 million. Current assets totaled $1.330 billion versus current liabilities of $2.835 billion.
  • Total debt was $6.928 billion, including $1.092 billion classified as current, compared with $6.963 billion total debt and $543.0 million current at year-end 2009. Long-term debt was $5.836 billion.
  • No borrowings were outstanding under the revolving credit facilities; availability was $1.380 billion after letters of credit. The company reported compliance with covenants: leverage ratio 3.01 versus a 3.25 maximum, and EBITDA-to-interest ratio 4.27 versus a 3.00 minimum.
  • Nine-month capital expenditures were $571.4 million. Cash dividends paid were $217.7 million; the quarterly dividend was increased to $0.20 per share in July 2010.

Changes versus prior comparable periods

  • Q3 revenue declined 0.6%; nine-month revenue declined 1.8%. For the nine months, internal revenue growth was negative 0.5%: core price rose 1.7% and commodity price 1.4%, while core volume fell 4.3%. Divestitures reduced revenue growth by 1.3%.
  • Nine-month operating income and reported diluted EPS decreased year over year. The comparison was affected by a $144.3 million net gain on asset dispositions in 2009 versus a $27.1 million net loss in 2010, and by 2010 debt-extinguishment losses of $151.7 million versus $31.8 million in 2009.
  • Management’s adjusted, non-GAAP diluted EPS was $0.45 for Q3 versus $0.39, and $1.29 for the nine months versus $1.16. These adjustments exclude specified items and may not be comparable with similarly titled measures at other companies.
  • Interest expense fell to $387.0 million for the nine months from $448.8 million. Cost of operations as a share of revenue was unchanged at 58.8% year to date but increased to 59.4% from 58.2% in Q3, reflecting higher fuel and landfill operating costs, partly offset by lower labor and other costs.

Outlook, commentary and notable items

  • Management said the business performed well despite a challenging economy, citing the essential nature of its services, pricing, cost controls and integration synergies. It reported $190 million in annual run-rate synergies from the Allied integration.
  • Management expected 2010 capital expenditures of approximately $915 million and property and equipment received of approximately $835 million; an approximately 42% effective tax rate was expected for 2010. No full-year revenue or EPS guidance is stated in the provided filing text.
  • Expected remaining integration costs included $0.9 million of restructuring charges and $7.5 million of synergy-plan costs in Q4 2010. The company expected an approximately $10 million Q4 loss on extinguishment of debt from tax-exempt refinancing.
  • In November 2010, the board authorized repurchases of up to $400 million of common stock through December 31, 2011; timing and amount are at management’s discretion.
  • Republic reported $1.638 billion of accrued landfill and environmental liabilities, including $1.088 billion for capping, closure and post-closure and $549.8 million for remediation. Management estimated the reasonably possible high end of remediation costs could exceed recorded amounts by approximately $191 million.
  • Other exposures include approximately $110 million accrued for legal proceedings, with the aggregate potential liability approximately $118 million higher at the high end of estimated ranges; a former-employee jury verdict under appeal; environmental and odor-related proceedings; and a government-contract subcontracting compliance matter that could result in restitution, damages, penalties or lost business.
  • A tax dispute concerning a partnership-interest exchange could involve $156.2 million of potential tax and $68.2 million of accrued interest, which the company says are fully reserved; asserted penalties and related interest of $47.8 million are not included in that statement of reserved tax and interest. Multi-employer pension plan exposure is not yet determinable.
  • Management identified economic weakness and lower waste volumes, fuel and commodity prices, environmental obligations, litigation, debt and refinancing needs, regulation, weather, and pension-plan exposure as risks. It stated that disclosure controls were effective and that no material change in internal control over financial reporting occurred during the period.

Investor verification priorities

  1. Reconcile reported and adjusted earnings, especially the 2009 asset-sale gains and 2010 debt-extinguishment charges.
  2. Assess the drivers and persistence of declining volumes, rising fuel costs and lower operating margins.
  3. Review the debt maturity schedule, refinancing plans, covenant headroom and the use of revolver capacity and restricted cash.
  4. Evaluate the assumptions behind landfill closure and remediation reserves, legal accruals and unresolved tax and pension exposures.
  5. Track capital spending, free cash flow after dividends and debt service, and whether the authorized share repurchases proceed.