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Wiki Wiki Summary
Risk management Risk management is the identification, evaluation, and prioritization of risks (defined in ISO 31000 as the effect of uncertainty on objectives) followed by coordinated and economical application of resources to minimize, monitor, and control the probability or impact of unfortunate events or to maximize the realization of opportunities.\nRisks can come from various sources including uncertainty in international markets, threats from project failures (at any phase in design, development, production, or sustaining of life-cycles), legal liabilities, credit risk, accidents, natural causes and disasters, deliberate attack from an adversary, or events of uncertain or unpredictable root-cause.
Uncertainty quantification Uncertainty quantification (UQ) is the science of quantitative characterization and reduction of uncertainties in both computational and real world applications. It tries to determine how likely certain outcomes are if some aspects of the system are not exactly known.
Restaurant A restaurant is a business that prepares and serves food and drinks to customers. Meals are generally served and eaten on the premises, but many restaurants also offer take-out and food delivery services.
Impact of the COVID-19 pandemic on the food industry As of 2022, the COVID‑19 pandemic is an ongoing global pandemic of coronavirus disease 2019 (COVID‑19) caused by severe acute respiratory syndrome coronavirus 2 (SARS CoV‑2). Its impact has been broad, affecting general society, the global economy, culture, ecology, politics, and other areas.
Big Boy Restaurants Big Boy Restaurant Group, LLC is an American restaurant chain headquartered in Warren, Michigan, in Metro Detroit. Frisch's Big Boy Restaurants is a restaurant chain with its headquarters in Cincinnati, Ohio.
Health insurance Health insurance or medical insurance (also known as medical aid in South Africa) is a type of insurance that covers the whole or a part of the risk of a person incurring medical expenses. As with other types of insurance is risk among many individuals.
Universal health care Universal health care (also called universal health coverage, universal coverage, or universal care) is a health care system in which all residents of a particular country or region are assured access to health care. It is generally organized around providing either all residents or only those who cannot afford on their own, with either health services or the means to acquire them, with the end goal of improving health outcomes.Universal healthcare does not imply coverage for all cases and for all people – only that all people have access to healthcare when and where needed without financial hardship.
Bank of America Tower (Manhattan) The Bank of America Tower, also known as 1 Bryant Park, is a 55-story skyscraper in the Midtown Manhattan neighborhood of New York City. It is located at 1111 Avenue of the Americas (Sixth Avenue) between 42nd and 43rd Streets, diagonally opposite Bryant Park.
American Express American Express Company (Amex) is an American multinational corporation specialized in payment card services headquartered at 200 Vesey Street in the Battery Park City neighborhood of Lower Manhattan in New York City. The company was founded in 1850 and is one of the 30 components of the Dow Jones Industrial Average.
555 California Street 555 California Street, formerly Bank of America Center, is a 52-story 779 ft (237 m) skyscraper in San Francisco, California. It is the fourth tallest building in the city as of February 2021, and in 2013 was the largest by floor area.
Real interest rate The real interest rate is the rate of interest an investor, saver or lender receives (or expects to receive) after allowing for inflation. It can be described more formally by the Fisher equation, which states that the real interest rate is approximately the nominal interest rate minus the inflation rate.
Compliance (song) "Compliance" is a song by British rock band Muse. It was released as a single on 17 March 2022 as the second single from Will of the People, their upcoming ninth studio album.
Consolidation (business) In business, consolidation or amalgamation is the merger and acquisition of many smaller companies into a few much larger ones. In the context of financial accounting, consolidation refers to the aggregation of financial statements of a group company as consolidated financial statements.
Insurance policy In insurance, the insurance policy is a contract (generally a standard form contract) between the insurer and the policyholder, which determines the claims which the insurer is legally required to pay. In exchange for an initial payment, known as the premium, the insurer promises to pay for loss caused by perils covered under the policy language.
Customer Profitability Analysis Customer Profitability Analysis (in short CPA) is a management accounting and a credit underwriting method, allowing businesses and lenders to determine the profitability of each customer or segments of customers, by attributing profits and costs to each customer separately. CPA can be applied at the individual customer level (more time consuming, but providing a better understanding of business situation) or at the level of customer aggregates / groups (e.g.
Open and closed maps In mathematics, more specifically in topology, an open map is a function between two topological spaces that maps open sets to open sets. \nThat is, a function \n \n \n \n f\n :\n X\n →\n Y\n \n \n {\displaystyle f:X\to Y}\n is open if for any open set \n \n \n \n U\n \n \n {\displaystyle U}\n in \n \n \n \n X\n ,\n \n \n {\displaystyle X,}\n the image \n \n \n \n f\n (\n U\n )\n \n \n {\displaystyle f(U)}\n is open in \n \n \n \n Y\n .
CKE Restaurants CKE Restaurants Holdings (an acronym from Carl Karcher Enterprises) is an American fast food corporation and is the parent organization for the Carl's Jr., Hardee's, Green Burrito, and Red Burrito brands. CKE Restaurants is a subsidiary of the private equity firm, Roark Capital Group, and is headquartered in Franklin, Tennessee.In October 2020, CKE Restaurants operated or franchised to locations in 44 US states and 43 foreign countries and US territories.
Significant figures Significant figures (also known as the significant digits, precision or resolution) of a number in positional notation are digits in the number that are reliable and necessary to indicate the quantity of something.\nIf a number expressing the result of a measurement (e.g., length, pressure, volume, or mass) has more digits than the number of digits allowed by the measurement resolution, then only as many digits as allowed by the measurement resolution are reliable, and so only these can be significant figures.
Arithmetic Arithmetic (from Ancient Greek ἀριθμός (arithmós) 'number', and τική [τέχνη] (tikḗ [tékhnē]) 'art, craft') is an elementary part of mathematics that consists of the study of the properties of the traditional operations on numbers—addition, subtraction, multiplication, division, exponentiation, and extraction of roots. In the 19th century, Italian mathematician Giuseppe Peano formalized arithmetic with his Peano axioms, which are highly important to the field of mathematical logic today.
Operations research Operations research (British English: operational research), often shortened to the initialism OR, is a discipline that deals with the development and application of advanced analytical methods to improve decision-making. It is sometimes considered to be a subfield of mathematical sciences.
Emergency operations center An emergency operations center (EOC) is a central command and control facility responsible for carrying out the principles of emergency preparedness and emergency management, or disaster management functions at a strategic level during an emergency, and ensuring the continuity of operation of a company, political subdivision or other organization.\nAn EOC is responsible for strategic direction and operational decisions and does not normally directly control field assets, instead leaving tactical decisions to lower commands.
Yoda conditions In programming jargon, Yoda conditions (also called Yoda notation) is a programming style where the two parts of an expression are reversed from the typical order in a conditional statement. A Yoda condition places the constant portion of the expression on the left side of the conditional statement.
New York Stock Exchange The New York Stock Exchange (NYSE, nicknamed "The Big Board") is an American stock exchange in the Financial District of Lower Manhattan in New York City. It is by far the world's largest stock exchange by market capitalization of its listed companies at US$30.1 trillion as of February 2018.
Price A prince is a male ruler (ranked below a king, grand prince, and grand duke) or a male member of a monarch's or former monarch's family. Prince is also a title of nobility (often highest), often hereditary, in some European states.
Network management Network management is the process of administering and managing computer networks. Services provided by this discipline include fault analysis, performance management, provisioning of networks and maintaining quality of service.
Market power In economics, market power refers to the ability of a firm to influence the price at which it sells a product or service by manipulating either the supply or demand of the product or service to increase economic profit. In other words, market power occurs if a firm does not face a perfectly elastic demand curve and can set its price (P) above marginal cost (MC) without losing revenue.
Market structure Market structure, in economics, depicts how firms are differentiated and categorised based on the types of goods they sell (homogeneous/heterogeneous) and how their operations are affected by external factors and elements. Market structure makes it easier to understand the characteristics of diverse markets.
Complaint In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party or parties against whom the claim is brought (the defendant(s)) that entitles the plaintiff(s) to a remedy (either money damages or injunctive relief). For example, the Federal Rules of Civil Procedure (FRCP) that govern civil litigation in United States courts provide that a civil action is commenced with the filing or service of a pleading called a complaint.
Independent Police Investigative Directorate The Independent Police Investigative Directorate (IPID), formerly the Independent Complaints Directorate (ICD), is an agency of the South African government responsible for investigating complaints against the South African Police Service and municipal police services.\nThe IPID was created in April 1997 as part of the post-apartheid reform of the South African Police.
Complaints Against Police Office The Complaints Against Police Office (CAPO) is a unit within the Hong Kong Police Force that handles complaints against the force's officers. The Office is part of the Complaints and Internal Investigations Branch of the force's Service Quality Wing.
King Report on Corporate Governance The King Report on Corporate Governance is a booklet of guidelines for the governance structures and operation of companies in South Africa. It is issued by the King Committee on Corporate Governance.
Good governance Good governance is the process of measuring how public institutions conduct public affairs and manage public resources and guarantee the realization of human rights in a manner essentially free of abuse and corruption and with due regard for the rule of law. Governance is "the process of decision-making and the process by which decisions are implemented (or not implemented)".
Risk Factors
MEXICAN RESTAURANTS INC ITEM 1A RISK FACTORS You should carefully consider the following risk factors as well as the other information contained or incorporated by reference in this report, as these are important factors, among others, that could cause our actual results to differ from our expected or historical results
It is not possible to predict or identify all such factors
Consequently, you should not consider any such list to be a complete statement of all of our potential risks or uncertainties
Our sales and earnings fluctuate seasonally
Historically our highest sales and earnings have occurred in the second and third calendar quarters, which we believe is typical of the restaurant industry and consumer spending patterns in general
In addition, quarterly results have been and, in the future are likely to be, substantially affected by the timing of new restaurant openings
Because of the seasonality of our business and the impact of new restaurant openings, results for any calendar quarter are not necessarily indicative of the results that may be achieved for a full fiscal year and cannot be used to indicate financial performance for the entire year
Inflation May Adversely Impact Our Net Income
Substantial increases in utility expenses, energy-related materials such as paper supplies, and health insurance costs had a marked impact on our operating results to the extent such increases could not be passed along to customers
There can be no assurance that we will not experience the same inflationary impact in the future
If operating expenses increase, our management intends to attempt to recover increased costs by increasing prices to the extent deemed advisable in light of competitive conditions
Our exposure to interest rate fluctuations is limited to our outstanding bank debt with Bank of America
The interest rate is either the prime rate or LIBOR plus a stipulated percentage
Accordingly, we are impacted by changes in the prime rate and LIBOR As of January 1, 2006, we had dlra2dtta5 million outstanding on our credit facility with Bank of America
We are presently in full compliance with all debt covenants as amended
We expect to be in compliance with all debt covenants in fiscal year 2006
As of January 1, 2006, we also had dlra3dtta0 million in notes which have a fixed interest rate of 7dtta0prca (See Note 3 in the accompanying Consolidated Financial Statements)
We plan to prepay dlra2dtta5 million in notes on March 31, 2006 by borrowing from our Bank of America credit facility
Under our current credit agreement with Bank of America, we are subject to certain reporting requirements and financial covenants, including requirements that we maintain minimum levels of net worth and various financial ratios
Although we are currently in compliance with such financial covenants, an erosion of our business could place us out of compliance in future periods
Potential remedies for the lender if we are not in compliance include declaring all outstanding amounts immediately payable, terminating commitments and enforcing any liens; however, in the event of any future noncompliance we may seek a waiver from such lender
We are insured against a variety of uncertainties
While the cost of certain insurance coverages increased in 2005, we were able to negotiate lower premium costs for other insurance coverages, and in general, were able to minimize the overall increase and impact of all total insurance costs to us
Each year, we renew our insurance coverages
While we try to be proactive in our efforts to control insurance costs, market forces beyond our control may thwart our ability to manage these costs
For example, we expect insurance premiums for property and casualty insurance to increase in light of the impact of Hurricane Rita on the Texas and Louisiana Gulf Coast
An increase in premiums could have a negative impact on our profitability if we are not able to negate the effect of such increases by continuing to improve our operating efficiencies
The results achieved to date by our relatively small restaurant base may not be indicative of the results of a larger number of restaurants in a more geographically dispersed area
Because of our relatively small restaurant base, an unsuccessful new restaurant could have a more significant effect on our results of operations than would be the case in a company owning more restaurants
Additionally, given our present geographic concentration (all of our company-owned units are currently in Texas, especially along the Gulf Coast region, Oklahoma, Louisiana and Michigan), results of operations may be adversely affected by economic or other conditions in the region, such as hurricanes, and any adverse publicity in the region relating to our restaurants could have a more pronounced adverse effect on our overall sales than might be the case if our restaurants were more broadly dispersed
Approximately 69dtta3prca of our Common Stock and rights to acquire Common Stock are beneficially owned or held by Larry N Forehand, David Nierenberg, Michael D Domec and Louis P Neeb, directors and/or executive officers
As a result, these individuals have substantial control over matters requiring shareholder approval, including the election of directors
The restaurant industry is highly competitive with respect to price, service, restaurant location and food quality, and is often affected by changes in consumer tastes, economic conditions, population and traffic patterns
We compete within each market against other family dining concepts, as well as quick service and casual dining concepts, for customers, employees and franchisees
Several of our competitors operate more restaurants and have significantly greater financial resources and longer operating histories than we do
Our inability to successfully compete with the other restaurants in our markets could prevent us from increasing or sustaining our revenues and profitability and result in a material adverse effect on our business, financial condition, results of operations or cash flows
Changes in General Economic and Political Conditions Affect Consumer Spending and May Harm Our Revenues and Operating Results
The United States experienced an economic expansion throughout most of 2005, including Texas where the majority of our restaurants operate
Although the forecast for 2006 is generally favorable, there are a few significant economic developments that could weaken economic conditions
Rising fuel and energy costs could reduce consumers’ level of discretionary spending
A decrease in discretionary spending could impact the frequency with which our customers choose to dine out or the amount they spend on meals while dining out, thereby decreasing our revenues
Additionally, the continued responses to the terrorist attacks on the United States, possible future terrorist attacks and the conflict in Iraq and its aftermath may exacerbate current economic conditions and lead to a weakening in the economy
Adverse economic conditions and any related decrease in discretionary spending by our customers could have an adverse effect on our revenues and operating results
Implementing Our Growth Strategy May Strain its Resources
Our ability to expand by adding Company-owned and franchised restaurants will depend on a number of factors, including the availability of suitable locations, the ability to hire, train and retain an adequate number of experienced management and hourly employees, the availability of acceptable lease terms and adequate financing, timely construction of restaurants, the ability to obtain various government permits and licenses and other factors, some of which are beyond our control
The opening of additional franchised restaurants will 11 _________________________________________________________________ depend, in part, upon the ability of existing and future franchisees to obtain financing or investment capital adequate to meet their market development obligations
Based on our experience in attempting to grow outside our existing markets, we have found there can be limited consumer acceptance and that the cost of such efforts can have a material adverse impact on our financial results
Sales of substantial amounts of shares in the public market could adversely affect the market price of our Common Stock
In connection with our 1996 initial public offering, we granted limited registration rights to holders of warrants granted by us and Larry N Forehand to Louis P Neeb, Tex-Mex Partners, LC and a former officer to register the 757cmam465 underlying shares of Common Stock subject to such warrants in connection with registrations otherwise undertaken by us
If we register these shares and these shareholders are able to sell a large portion of their holdings on the open market at one time, the market price of the Common Stock will likely decline
In any event, the market price of the Common Stock could be subject to significant fluctuations in response to our operating results and other factors
These warrants will expire on April 24, 2006
Litigation Could Have a Material Adverse Effect on Our Business
From time to time we are subject of complaints or litigation from guests alleging food-borne illness, injury or other food quality, health or operational concerns
We may be adversely affected by publicity resulting from such allegations, regardless of whether such allegations are valid or whether it is liable
We are also subject to complaints or allegations from former or prospective employees from time to time
A lawsuit or claim could result in an adverse decision against us that could have a materially adverse effect on our business
We are subject to state “dramshop” laws and regulations, which generally provide that a person injured by an intoxicated person may seek to recover damages from an establishment that wrongfully served alcoholic beverages to such person
Although we carry liquor liability coverage as part of our existing comprehensive general liability insurance, we may still be subject to a judgment in excess of our insurance coverage and we may not be able to obtain or continue to maintain such insurance coverage at reasonable costs, or at all
Compliance with Changing Regulation of Corporate Governance and Public Disclosure May Result in Additional Expenses
Keeping up-to-date and in compliance with changing laws, regulations and standards relating to corporate governance and public disclosure, including the Sarbanes-Oxley Act of 2002, new SEC regulations and Nasdaq Stock Market rules, has required an increased amount of management attention and external resources
We remain committed to maintaining high standards of corporate governance and public disclosure
As a result, we intend to invest all reasonably necessary resources to comply with evolving standards, and this investment may result in increased general and administrative expenses and a diversion of management time and attention from revenue-generating activities to compliance activities