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American Apparel Floats on Debt; Some of It From CEO Charney

By Jim Edwards | Mar 17, 2009

Porn-based advertising/clothing empire American Apparel released its Q4 2008 results yesterday, and the news on the top and bottom lines looked good: Sales were up 30 percent to $146 million and net income was up 30 percent to $3.9 million.

Less well-publicized, however, was the $4 million loan that AA CEO Dov Charney gave the company from his own money. (Charney is allegedly pictured, at right, in one of his own ads.) That loan occured last month, according to a filing with the SEC.

That’s a small sum in AA’s terms. Shortly after, the company took $80 million from Lion Capital in the form of long-term debt. Why would Charney loan his own company chump change if he knew that significant new financing was on its way?

Here’s two speculative theories: The first is that he didn’t know that Lion would cough up the money, and as his company flirted with bankruptcy over Xmas that $4 million may have been the difference between staying afloat and going under.

The second is that Charney wants to turn AA into his own personal bank account. The interest rate on his $4 million loan is 6 percent. You can still find high-rate savings accounts or CDs in banks at 2.5 percent, but you can’t find 6 percent anywhere else on the market — even in stocks. The loan may be repaid anytime before 2013. As Charney is the CEO, it’s his call. So basically, AA is now a 6 percent savings vehicle for Charney’s personal cash.

UPDATE: An AA rep says there was nothing “nefarious” about Charney’s loan, and it has since all been paid back following the Lion injection. See comments section below.

Talking of cash, AA’s position there also showed some improvement. Cash declined from $19 million to $11 million, but current liabilities also went down due to the Lion financing, to $74 million. That gives AA long-term debts of $100 million.

Just to underline that, AA must eventually pay off $100 million in debt from a business that makes only $3.8 million in profits per quarter. Its interest expenses alone are $3.2 million per quarter. WWD:

Asked why he was confident the company would be able to pay down debts, including its new $80 million Lion Capital loan, when it already ran into trouble with its previous $51 million debt with SOF, Slater pointed to the strong fundamentals at American Apparel and the long-term nature of the new debt. “The company is one of a select few in retail generating both top- and bottom-line growth. They are generating a ton of cash flow — its estimated 2008 EBITDA [earnings before interest, taxes, deprecation and amortization] is $71.5 million and for 2009 will be $89 million,” he noted.

Careful planning is foremost in Charney’s mind this year. “We plan to run the business for cash flow this year,” Charney noted, adding the company has a “restrained” plan for store openings to add to its current 260-unit base

Correction: This item originally contained some out of date information on Charney’s salary, based on AA’s most recent proxy filing. That information has since been removed from the post. See comments section below.

Jim Edwards, a former managing editor of Adweek, has covered drug marketing at Brandweek for four years, and is a former Knight-Bagehot fellow at Columbia University's business and journalism schools. Follow him on Twitter or send him an email.

BNET User Analysis

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    BNET's Jim Edwards

    03/18/09 | Report as spam

    RE: American Apparel Floats on Debt; Some of It From CEO Charney

    From an AA pr rep:

    Jim,

    I wanted to email you as I have been following your blog for the last few months and watched it drift further and further from reality in regards to American Apparel.

    In your most recent post:

    -Dov's salary is not $16 million dollars. It's $750,000. Your document is from 2007 when American Apparel was acquired by Endeavor Acquisition. In other words, it's a reference to a period where Dov Charney and Sam Lim were the co-owners of the company rather than employees paid a salary. Before the acquisition, the profits from the business went to the owners whereas post-acquisition, they belong to the company. After the change, Dov's salary was set at $750,000. It's explained immediately after the section you referred to in the "notes:"

    > ("Charney and Lim did not receive any salary or bonus from American Apparel prior to the Acquisition. As stockholders of Old American Apparel, and as a result of the S Corporation status of the company, each of Messrs. Charney and Lim were allocated income based on the net profits of the company and, from time to time, received distributions of the profits attributed to each of them, which are included in the ?Salary? amounts here... The agreement specifies that Dov Charney shall receive an annual base salary of $750,000... ")

    -The $4 million investment was by no means nefarious. Officers are not allowed to offer interest-less loans to a company. The 6% interest rate from Dov is actually much lower than the rate American Apparel would have paid if it was forced to borrow from another source. (probably 9 and 11%) For example, the loan from LION capital as of this week has an attached interest rate of 15%. Anyway, the investment was largely paid back immediately after the cash infusion from Lion. It's inaccurate to say that this was some profit seeking venture that Dov engaged in to the detriment of the company. He put a substantial portion of his net worth back into the company as a matter of faith and has done so previously. Remember, American Apparel was founded on a $10,000 loan from Charney's father.

    -Regardless, the loan was very well publicized. In fact, it was reported in the Los Angeles Business Journal before it had been completed. It was also discussed at some length in Portfolio Magazine last week, before the Lion Capital deal had been struck.

    I understand that American Apparel is controversial company and your posts on it haven't pulled any punches. But here, the arguments in your post are based on factual errors. Granted, the blog is primarily about advertising not financial accounting but in this post in particular there are some large mistakes. Going forward, I'd personally be happy to answer questions you have about the company. There is so much speculation about the company that is often not very clear what is happening and we're trying to change that. American Apparel doesn't have anything to hide, especially in those documents which are publicly available.

    Thank you,

    Ryan Holiday
    American Apparel

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