Harbinger Group Inc.
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SEC Filings

10-Q
HRG GROUP, INC. filed this Form 10-Q on 05/09/2016
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(12) Earnings Per Share
The following table sets forth the computation of basic and diluted earnings per share (“EPS”) (share amounts in thousands):
 
Three months ended March 31,
 
Six months ended March 31,
 
2016
 
2015
 
2016
 
2015
Net loss from continuing operations attributable to controlling interest
$
(19.9
)
 
$
(236.9
)
 
$
(8.8
)
 
$
(360.4
)
Net (loss) income from discontinued operations attributable to controlling interest
(14.9
)
 
8.6

 
(59.9
)
 
22.3

Net loss attributable to controlling interest
$
(34.8
)
 
$
(228.3
)
 
$
(68.7
)
 
$
(338.1
)
 
 
 
 
 
 
 
 
Participating common shares at end of period
198,521

 
196,672

 
198,521

 
196,672

 
 
 
 
 
 
 
 
Net loss attributable to common shares - basic and diluted
$
(34.8
)
 
$
(228.3
)
 
$
(68.7
)
 
$
(338.1
)
 
 
 
 
 
 
 
 
Weighted-average common shares outstanding - basic
198,521

 
196,860

 
198,076

 
197,583

Weighted-average shares outstanding - diluted
198,521

 
196,860

 
198,076

 
197,583

 
 
 
 
 
 
 
 
Net loss per common share attributable to controlling interest:
 
 
 
 
 
 
 
Basic loss from continuing operation
$
(0.10
)
 
$
(1.20
)
 
$
(0.05
)
 
$
(1.82
)
Basic (loss) income from discontinued operations
(0.08
)
 
0.04

 
(0.30
)
 
0.11

Basic
$
(0.18
)
 
$
(1.16
)
 
$
(0.35
)
 
$
(1.71
)
 
 
 
 
 
 
 
 
Diluted loss from continuing operation
$
(0.10
)
 
$
(1.20
)
 
$
(0.05
)
 
$
(1.82
)
Diluted (loss) income from discontinued operations
(0.08
)
 
0.04

 
(0.30
)
 
0.11

Diluted
$
(0.18
)
 
$
(1.16
)
 
$
(0.35
)
 
$
(1.71
)
The number of shares of common stock outstanding used in calculating the weighted average thereof reflects the actual number of HRG common stock outstanding, excluding unvested restricted stock.
The following were excluded from the calculation of “diluted net loss per common share attributable to controlling interest” because the as-converted effect of the unvested restricted stock and stock units, stock options and warrants would have been anti-dilutive (share amounts in thousands):
 
Three months ended March 31,
 
Six months ended March 31,
 
2016
 
2015
 
2016
 
2015
Unvested restricted stock and restricted stock units
1,501

 
3,092

 
2,130

 
2,861

Stock options
1,040

 
1,316

 
1,172

 
1,393

Out of the money warrants
1,800

 
3,000

 
1,800

 
3,000


(13) Commitments and Contingencies
The Company has aggregate accruals for its legal, environmental and regulatory matters of approximately $9.3 at March 31, 2016, of which $5.0 relates to liabilities of business held for sale. These accruals relate primarily to the matters described below. In addition, the Company and its subsidiaries are involved in other litigation and claims arising out of their prior businesses and arising in the ordinary course out of their current businesses, which include, among other things, indemnification and other claims and litigations involving HRG’s and its subsidiaries’ business practices, transactions, workers compensation matters, environmental matters, and personal injury claims. However, based on currently available information, including legal defenses available to the Company, and given the aforementioned accruals and related insurance coverage, the Company does not believe that the outcome of these legal, environmental and regulatory matters will have a material effect on its financial position, results of operations or cash flows.
Legal and Environmental Matters
HRG
HRG was named as a nominal defendant, and members of its Board were named as defendants in a purported class and derivative action filed in March 2014 by Haverhill Retirement System (“Plaintiff”) in the Delaware Court of Chancery (the “Court”). Harbinger Capital Partners LLC and certain of its affiliated funds (“HCP”) and Leucadia National Corporation (“Leucadia”), each a stockholder

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