=========================================================================================================================== UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the Quarterly Period Ended April 4, 2004 Commission File Number 0-21314 U.S. CAN CORPORATION (Exact Name of Registrant as Specified in its Charter) 06-1094196 (I.R.S. Employer Identification No.) DELAWARE (State or Other Jurisdiction of Incorporation or Organization) 700 EAST BUTTERFIELD ROAD SUITE 250 LOMBARD, ILLINOIS 60148 (Address of Principal Executive Offices, Including Zip Code) (630) 678-8000 (Registrant's Telephone Number, Including Area Code) Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 (the "Exchange Act") during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes |_| No |X| Indicate by check mark whether the registrant is an accelerated filer (as defined in Rule 12b-2 of the Exchange Act). Yes |_| No |X| As of May 10, 2004, 53,333.333 shares of Common Stock were outstanding. =========================================================================================================================== U.S. CAN CORPORATION AND SUBSIDIARIES FORM 10-Q FOR THE QUARTERLY PERIOD ENDED APRIL 4, 2004 TABLE OF CONTENTS Page ---- PART I FINANCIAL INFORMATION Item 1. Financial Statements (Unaudited) Consolidated Statements of Operations for the Three Months Ended April 4, 2004 and March 30, 2003................................................................. 3 Consolidated Balance Sheets as of April 4, 2004 and December 31, 2003............................ 4 Consolidated Statements of Cash Flows for the Three Months Ended April 4, 2004 and March 30, 2003................................................................. 5 Notes to Consolidated Financial Statements....................................................... 6 Item 2. Management's Discussion and Analysis of Financial Condition and Results of Operations........................................................................ 18 Item 3. Quantitative and Qualitative Disclosures About Market Risk....................................... 22 Item 4. Controls and Procedures.......................................................................... 22 PART II OTHER INFORMATION Item 1. Legal Proceedings................................................................................ 23 Item 6. Exhibits and Reports on Form 8-K................................................................. 23 INCLUSION OF FORWARD-LOOKING INFORMATION Certain statements in this report constitute "forward-looking statements" within the meaning of the federal securities laws. Such statements involve known and unknown risks and uncertainties which may cause the Company's actual results, performance or achievements to be materially different than any future results, performance or achievements expressed or implied in this report. By way of example and not limitation and in no particular order, known risks and uncertainties include general economic and business conditions; the Company's substantial debt and ability to generate sufficient cash flows to service its debt; the Company's compliance with the financial covenants contained in its various debt agreements; changes in market conditions or product demand; the level of cost reduction achieved through restructuring and capital expenditure programs; changes in raw material costs and availability; downward selling price movements; currency and interest rate fluctuations; increases in the Company's leverage; the Company's ability to effectively integrate acquisitions; changes in the Company's business strategy or development plans; the timing and cost of plant closures; the success of new technology; and increases in the cost of compliance with laws and regulations, including environmental laws and regulations. In light of these and other risks and uncertainties as described under "Risk Factors" in the Company's Annual Report on Form 10-K for the fiscal year ended December 31, 2003 and filed with the Securities and Exchange Commission in March 2004, the inclusion of a forward-looking statement in this report should not be regarded as a representation by the Company that any future results, performance or achievements will be attained. U.S. CAN CORPORATION AND SUBSIDIARIES CONSOLIDATED STATEMENTS OF OPERATIONS (000's OMITTED) For the Quarterly Period Ended -------------------------------------------- April 4, 2004 March 30, 2003 ------------------- -------------------- (Unaudited) Net Sales $ 213,428 $ 198,890 Cost of Sales 191,033 177,546 ------------- ------------ Gross income 22,395 21,344 Selling, General and Administrative Expenses 9,997 9,676 Special Charges 522 1,030 ------------- ------------ Operating income 11,876 10,638 Interest Expense 12,670 13,088 Bank Financing Fees 1,378 1,014 ------------- ------------ Loss before income taxes (2,172) (3,464) Provision for Income Taxes 326 573 ------------ ------------ Net Loss Before Preferred Stock Dividends (2,498) (4,037) Preferred Stock Dividend Requirement (3,824) (3,246) ------------ ------------ Net Loss Attributable to Common Stockholders $ (6,322) $ (7,283) ============ ============ The accompanying Notes to Consolidated Financial Statements are an integral part of these statements. U.S. CAN CORPORATION AND SUBSIDIARIES CONSOLIDATED BALANCE SHEETS (000's OMITTED, except per share data) April 4, December 31, ASSETS 2004 2003 ---------------- ----------------- CURRENT ASSETS: (Unaudited) Cash and cash equivalents $ 5,633 $ 23,540 Accounts receivable, net of allowances 94,805 87,609 Inventories 98,609 95,545 Other current assets 18,207 14,402 ---------------- ----------------- Total current assets 217,254 221,096 PROPERTY, PLANT AND EQUIPMENT, less accumulated depreciation and amortization 235,324 243,373 GOODWILL 27,384 27,384 DEFERRED INCOME TAXES 31,135 30,816 OTHER NON-CURRENT ASSETS 52,851 54,519 ---------------- ----------------- Total assets $ 563,948 $ 577,188 ================ ================= LIABILITIES AND STOCKHOLDERS' EQUITY CURRENT LIABILITIES: Current maturities of long-term debt and capital lease obligations $ 19,992 $ 19,499 Accounts payable 88,853 90,851 Accrued expenses 40,955 46,485 Restructuring reserves 2,206 3,422 Income taxes payable 1,105 1,249 ---------------- ----------------- Total current liabilities 153,111 161,506 LONG TERM DEBT 535,511 535,767 LONG TERM LIABILITIES PURSUANT TO EMPLOYEE BENEFIT PLANS 71,944 71,779 OTHER LONG-TERM LIABILITIES 7,080 7,086 ---------------- ----------------- Total liabilities 767,646 776,138 REDEEMABLE PREFERRED STOCK, 200,000 shares authorized, 106,667 shares issued & outstanding 150,779 146,954 STOCKHOLDERS' EQUITY: Common stock, $10.00 par value, 100,000 shares authorized, 53,333 shares issued & outstanding 533 533 Additional paid in capital 52,800 52,800 Accumulated other comprehensive loss (28,044) (25,793) Accumulated deficit (379,766) (373,444) ---------------- ----------------- Total stockholders' equity / (deficit) (354,477) (345,904) ---------------- ----------------- Total liabilities and stockholders' equity $ 563,948 $ 577,188 ================ ================= The accompanying Notes to Consolidated Financial Statements are an integral part of these balance sheets U.S. CAN CORPORATION AND SUBSIDIARIES CONSOLIDATED STATEMENTS OF CASH FLOWS (000's OMITTED) For the Quarterly Period Ended April 4, 2004 March 30, 2003 ------------------ ------------------ CASH FLOWS FROM OPERATING ACTIVITIES: (Unaudited) Net loss before preferred stock dividend requirements $ (2,498) $ (4,037) Adjustments to reconcile net income to net cash used for operating activities: Depreciation and amortization 11,144 9,087 Special Charges 522 1,030 Deferred income taxes (324) 719 Change in operating assets and liabilities, net of effect of acquired and disposed of businesses: Accounts receivable (8,300) (10,753) Inventories (4,382) (1,044) Accounts payable (609) 5,092 Accrued expenses (7,471) (32) Other, net (3,067) (1,611) ------------------ ------------------ Net cash used for operating activities (14,985) (1,549) ------------------ ------------------ CASH FLOWS FROM INVESTING ACTIVITIES: Capital expenditures (3,720) (3,755) Proceeds from the sale of property 1,018 5,186 ------------------ ------------------ ------------------ ------------------ Net cash provided by (used for) investing activities (2,702) 1,431 ------------------ ------------------ CASH FLOWS FROM FINANCING ACTIVITIES: Net borrowings under revolving lines of credit - 200 Payments of other long-term debt, including capital lease obligations (602) (5,492) Borrowings of other debt 881 1,048 ------------------ ------------------ Net cash provided by (used for) financing activities 279 (4,244) ------------------ ------------------ ------------------ ------------------ EFFECT OF EXCHANGE RATE CHANGES ON CASH (499) (403) ------------------ ------------------ DECREASE IN CASH AND CASH EQUIVALENTS (17,907) (4,765) CASH AND CASH EQUIVALENTS, beginning of period 23,540 11,790 ------------------ ------------------ CASH AND CASH EQUIVALENTS, end of period $ 5,633 $ 7,025 ================== ================== The accompanying Notes to Consolidated Financial Statements are an integral part of these statements. U.S. CAN CORPORATION AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS April 4, 2004 (Unaudited) (1) PRINCIPLES OF REPORTING The consolidated financial statements include the accounts of U.S. Can Corporation (the "Corporation" or "U.S. Can"), its wholly owned subsidiary, United States Can Company ("United States Can"), and United States Can's subsidiaries (the "Subsidiaries"). The consolidated group is referred to herein as "the Company", "we", "us", or "our". All significant intercompany balances and transactions have been eliminated. These financial statements, in the opinion of management, include all normal recurring adjustments necessary for a fair presentation. Operating results for any interim period are not necessarily indicative of results that may be expected for the full year. These financial statements should be read in conjunction with the previously filed financial statements and footnotes included in the Corporation's Annual Report on Form 10-K for the year ended December 31, 2003. Certain prior year amounts have been reclassified to conform with the 2004 presentation. STOCK-BASED COMPENSATION The Company periodically issues stock options under the U.S. Can 2000 Equity Incentive Plan. The Company continues to utilize the intrinsic fair value method under APB Opinion No. 25 to account for its stock-based compensation plan; therefore, no compensation costs are recognized in the Company's financial statements for options granted. In accordance with SFAS No. 148 "Accounting for Stock-Based Compensation - Transition and Disclosure", the following table presents (in thousands) what the Company's net loss would have been had the Company determined compensation costs using the fair value-based accounting method for the quarters ended April 4, 2004 and March 30, 2003. For The Quarters Ended ------------------------------------ April 4, 2004 March 30, 2003 ------------------------------------ Net Loss Before Preferred Stock $ $ Dividends...................................(2,498) (4,037) Stock-Based Compensation Cost, net of tax - fair value method......... (30) (20) ------------------------------------ Pro-Forma Net Loss Before Preferred $ $ Stock Dividends......................... (2,528) (4,057) ==================================== (2) SUPPLEMENTAL CASH FLOW INFORMATION The Company paid interest of approximately $21.9 million and $3.3 million for the quarterly periods ended April 4, 2004 and March 30, 2003, respectively. The Company paid $0.7 million in income taxes for the quarterly period ended April 4, 2004 and $0.3 million for the quarterly period ended March 30, 2003. (3) SPECIAL CHARGES 2004 - ---- During the first quarter of 2004, the Company recorded a restructuring charge of $0.5 million related to position elimination costs in Europe. The position eliminations consisted of 23 employees and include eliminations related to an early termination program in one European facility and a product line profitability review program in our German food can business. Total cash payments in the first quarter of 2004 were $1.6 million (primarily severance and facility shut down costs) and the Company anticipates spending another $6.7 million over the next several years. The remaining reserve consists primarily of employee termination benefits paid over time for approximately eight salaried and 44 hourly employees and other ongoing facility exit costs. The table below presents the reserve categories and related activity as of April 4, 2004: January 1, Additions Cash Other (b) April 4, 2004 Balance Payments 2004 Balance -------------- ------------- ------------- --------------- -------------- -------------- ------------- ------------- --------------- -------------- Employee Separation $4.3 $0.5 $(1.3) $(0.1) $3.4 Facility Closing Costs 3.6 - (0.3) - 3.3 -------------- ------------- ------------- --------------- -------------- -------------- ------------- ------------- --------------- -------------- Total $7.9 $0.5 $(1.6) $(0.1) $6.7 (a) ============== ============= ============= =============== ============== ============== ============= ============= =============== ============== (a) Includes $4.5 million classified as other long-term liabilities as of April 4, 2004. (b) Non-cash foreign currency translation impact 2003 - ---- During the first quarter of 2003, the Company recorded a restructuring charge of $1.0 million related to position elimination costs in the U.S. and Europe. The position eliminations consisted of 16 employees, including two management level employees and an early termination program in one European facility. Total cash payments in the first quarter of 2003 were $4.4 million (primarily severance and facility shut down costs). The remaining reserve consisted primarily of employee termination benefits to be paid over time for approximately 33 salaried and 51 hourly employees (approximately 600 positions were originally identified for elimination) and other ongoing facility exit costs. The table below presents the reserve categories and related activity as of March 30, 2003: January 1, March 30, 2003 Balance Net Additions Cash Payments 2003 Balance ---------------- -------------- ---------------- ------------------ ---------------- -------------- ---------------- ------------------ Employee Separation $9.2 $1.0 $(2.6) $7.6 Facility Closing Costs 6.5 - (1.8) 4.7 ---------------- -------------- ---------------- ------------------ ---------------- -------------- ---------------- ------------------ Total $15.7 $1.0 $(4.4) $12.3 (a) ================ ============== ================ ================== ================ ============== ================ ================== (a) Includes $3.8 million classified as other long-term liabilities as of March 30, 2003. (4) INVENTORIES All domestic inventories are stated at cost determined by the last-in, first-out ("LIFO") cost method, not in excess of market. Subsidiaries' inventories of approximately $45.3 million at April 4, 2004 and $42.8 million at December 31, 2003 are stated at cost determined by the first-in, first-out ("FIFO") cost method, not in excess of market. FIFO cost of LIFO inventories approximated their LIFO value at April 4, 2004 and at December 31, 2003. Inventories reported in the accompanying balance sheets are classified as follows (000's omitted): April 4, December 31, 2004 2003 ----------------- ---------------- Raw materials........................................................ $ 19,878 $ 21,382 Work in process...................................................... 41,012 39,286 Finished goods....................................................... 37,719 34,877 ----------------- --------------- $ 98,609 $ 95,545 ================= =============== (5) COMPREHENSIVE NET INCOME (LOSS) The components of accumulated other comprehensive loss are as follows (000's omitted): April 4, December 31, 2004 2003 ------------- --------------- Foreign Currency Translation Adjustment ................................... $(6,963) $(5,148) Minimum Pension Liability Adjustment....................................... (21,081) (20,645) ------------ --------------- Total Accumulated Other Comprehensive Loss................................. $(28,044) $(25,793) ============ ============== The components of comprehensive loss for the quarterly periods ended April 4, 2004 and March 30, 2003 are as follows (000's omitted): For the Quarters Ended ------------------------------- April 4, March 30, 2004 2003 ------------- ------------- Net Loss Before Preferred Stock Dividends.................................. $ (2,498) $ (4,037) Foreign Currency Translation Adjustment.................................... (2,251) 2,298 Unrealized Gain on Cash Flow Hedges (a).................................... -- 1,030 ------------- ------------- Comprehensive Loss......................................................... $ (4,749) $ (709) ============= ============= (a) Net of reclassification of losses included in net loss of $1.6 million for the first quarter of 2003. (6) BENEFIT PLANS The Company maintains separate noncontributory defined benefit and defined contribution pension plans covering most domestic hourly employees and all domestic salaried personnel, respectively. It is the Company's policy to fund accrued pension and defined contribution plan costs in compliance with ERISA or the applicable foreign requirements. The net periodic pension cost was as follows for the first quarter of 2004 and 2003 (000's omitted): U.S. - ---- April 4, 2004 March 30, 2003 ---------------- ------------------- Service cost.................................................. $287 $ 227 Interest cost................................................. 724 679 Return on assets.............................................. (683) (569) Recognized loss............................................... 28 68 Recognized prior service cost................................. 94 94 ---------------- ------------------- Net periodic pension cost..................................... $450 $499 ================ =================== Non-U.S. - -------- April 4, 2004 March 30, 2003 ---------------- ------------------- Service cost.................................................. $ 88 77 Interest cost................................................. 1,129 938 Return on assets.............................................. (864) (655) Recognized loss............................................... 208 197 ---------------- ------------------- Net periodic pension cost..................................... $ 561 $ 557 ================ =================== The Company provides health and life insurance benefits for certain domestic retired employees in connection with collective bargaining agreements. Net periodic postretirement benefit costs for the Company's U.S. postretirement benefit plans for the quarters ended April 4, 2004 and March 30, 2003, included the following components (000's omitted): U.S. - ---- April 4, 2004 March 30, 2003 ---------------- ------------------- Service cost.................................................. $ 80 $ 66 Interest cost................................................. 369 372 Recognized loss............................................... 52 34 Recognized prior service cost................................. (226) (226) ---------------- ------------------- Net periodic pension cost..................................... $ 275 $ 246 ================ =================== The Company made $0.2 million in contributions to its U.S. based pension plan and $0.3 million of contributions to its non-U.S. based pension plans in the first quarter of 2004. In addition, the Company made payments under its postretirement benefit plan of $0.4 million in the first quarter of 2004. The Company does not anticipate its 2004 contributions to any of its plans to be significantly different from the amounts previously disclosed in the Company's consolidated financial statements for the year ended December 31, 2003. (7) BUSINESS SEGMENTS Management monitors and evaluates performance, customer base and market share for four business segments. The segments have separate management teams and distinct product lines. The Aerosol segment primarily produces steel aerosol containers in the U.S. for personal care, household, automotive, paint and industrial products. The International segment produces aerosol cans in the Europe and Latin America (through Formametal S.A., a joint venture in Argentina) as well as steel food packaging in Europe. The Paint, Plastic & General Line segment produces round cans in the U.S. for paint and coatings, oblong cans for items such as lighter fluid and turpentine as well as plastic containers for paint and industrial and consumer products. The Custom & Specialty segment produces a wide array of functional and decorative tins, containers and other products in the U.S. The Company notes that financial information used to produce its financial statements is not recorded or reconciled on a product line basis, therefore it is not practicable for the Company to disclose revenues by product line. The following is a summary of revenues from external customers and loss from operations for the quarterly periods ended April 4, 2004 and March 30, 2003, respectively (000's omitted): April 4, March 30, 2004 2003 ------------- --------------- REVENUES FROM EXTERNAL CUSTOMERS: Aerosol................................................................ $ 92,155 $ 88,778 International.......................................................... 78,359 63,065 Paint, Plastic & General Line...................................... 33,426 31,245 Custom & Specialty................................................. 9,488 15,802 ------------- --------------- Total revenues......................................................... $ 213,428 $ 198,890 ============= =============== INCOME (LOSS) FROM OPERATIONS: Aerosol................................................................ $ 14,585 $ 14,008 International.......................................................... 1,032 (829) Paint, Plastic & General Line...................................... 3,472 4,185 Custom & Specialty................................................. (347) 551 -------------- --------------- Total Segment Income From Operations................................... 18,742 17,915 Unallocated Selling, General & Administrative Expenses (a)......... (6,344) (6,247) Special Charges (b).................................................... (522) (1,030) Interest Expense....................................................... (12,670) (13,088) Bank Financing Fees.................................................... (1,378) (1,014) ------------- --------------- Loss before income taxes............................................... $ (2,172) $ (3,464) ============= =============== (a) Represents domestic Selling, General & Administrative expenses. The Company does not allocate these costs to its domestic segments. (b) Management does not evaluate segment performance including such charges. See Note (3) for further information on the Company's special charges. (8) COMMITMENTS AND CONTINGENCIES Environmental United States Can has been named as a potentially responsible party for costs incurred in the clean-up of the San Leandro Plume, a regional groundwater plume partially extending underneath United Sates Can's former site in San Leandro, California. When the Company acquired the San Leandro facility, it assumed certain liabilities subject to indemnification by the former owner / operator for claims made on or before December 1986. The former owner / operator tendered its obligations under the remedial action order to the Company. The Company accepted the tender with reservation of any legal rights it may have to seek contribution or reimbursement. The Company is a party to an indemnity agreement related to this matter with the current owner of the property, who purchased the property from the Company. In its 1994 agreement with the current owner, the Company agreed to defend and indemnify the current owner and their successors and assigns for any claims, including investigative or remedial action, required by any governmental agency that regulates hazardous substances. Neither the agreement with the former owner or the operator contains any caps or limits. Extensive soil and groundwater investigative work has been performed on the San Leandro Plume, including at the San Leandro site. Currently, the State of California is overseeing remediation at an offsite source of contamination of the San Leandro Plume. Periodically, the State of California conducts regional sampling to monitor the efficacy of the remediation. The Company, along with other PRPs, participated in a coordinated sampling event in 1999. In November 2002, as part of a larger sampling scheme, the State of California requested that we sample existing monitoring wells at the San Leandro property. The Company completed a round of sampling in December 2002. The 2002 sampling results generally show that the concentration of contamination is declining, which we view as a positive development. While the State has not yet commented on either the 1999 or the 2002 sampling results, we believe that the source of contamination is unrelated to our past operations. The Company receives quarterly invoices from the State of California for its oversight work and for the regional sampling. At this time, the Company is unable to estimate reasonably possible losses related to the San Leandro site or to the San Leandro Plume, but believes the sampling supports its position that the groundwater contamination in the San Leandro Plume is unrelated to its past operation. To date, the Company has not been required to implement any remedial action at the San Leandro site. Legal The Company is involved in litigation from time to time in the ordinary course of our business. In our opinion, the litigation is not material to our financial condition or results of operations. (9) SUBSEQUENT EVENTS On April 22, 2004, U.S. Can Corporation announced that George V. Bayly, a member of the Company's Board of Directors, had been named Chief Executive Officer of U.S. Can Corporation and that John Workman would step down from his position as Chief Executive Officer. Mr. Bayly began overseeing the daily operations of U.S. Can on April 22nd. Definitive agreements have not yet been executed with Mr. Bayly or Mr. Workman; however, potential employment and separation costs are not expected to be material to the Company's financial position or results of operations. (10) SUBSIDIARY GUARANTOR INFORMATION The following presents the condensed consolidating financial data for U.S. Can Corporation (the "Parent Guarantor"), United States Can Company (the "Issuer"), USC May Verpackungen Holding Inc. (the "Subsidiary Guarantor"), and the Issuer's European subsidiaries, including May Verpackungen GmbH & Co., KG (the "Non-Guarantor Subsidiaries"), as of April 4, 2004 and December 31, 2003 and for the three months ended April 4, 2004 and March 30, 2003. Investments in subsidiaries are accounted for by the Parent Guarantor, the Issuer and the Subsidiary Guarantor under the equity method for purposes of the supplemental consolidating presentation. Earnings of subsidiaries are, therefore, reflected in their parent's investment accounts and earnings. This consolidating information reflects the guarantors and non-guarantors of the 10 7/8% Senior Secured Notes and 12 3/8% Senior Subordinated Notes. The 10 7/8% Senior Secured Notes and 12 3/8% Senior Subordinated Notes are guaranteed on a full, unconditional, unsecured, senior subordinated, joint and several basis by the Parent Guarantor, the Subsidiary Guarantor and any other domestic restricted subsidiary of the Issuer. USC May Verpackungen Holding Inc., which is wholly owned by the Issuer, currently is the only Subsidiary Guarantor. The Parent Guarantor has no assets or operations separate from its investment in the Issuer. Separate financial statements of the Issuer or the Subsidiary Guarantors have not been presented as management has determined that such information is not material to the holders of the 10 7/8% Senior Secured Notes and 12 3/8% Senior Subordinated Notes. U.S. CAN CORPORATION AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS CONDENSED CONSOLIDATING STATEMENT OF OPERATIONS For the Quarterly Period Ended APRIL 4, 2004 (unaudited) (000's omitted) USC May USC Europe/ May United Verpackungen Verpackungen GmbH U.S. Can States Can Holding & Co., KG U.S. Can Corporation Company (Guarantor (Non-Guarantor Corporation (Parent) (Issuer) Subsidiaries) Subsidiaries) Eliminations Consolidated ------------ ------------- ----------------- -------------------- ------------- ------------- NET SALES...................... $ - $ 135,069 $ - $ 78,359 $ - $ 213,428 COST OF SALES.................. - 117,359 - 73,674 - 191,033 ------- ---------- --------- ---------- ------- --------- Gross income.............. - 17,710 - 4,685 - 22,395 SELLING, GENERAL AND ADMINISTRATIVE EXPENSES....... - 6,344 - 3,653 - 9,997 SPECIAL CHARGES................ - - - 522 - 522 ------- --------- --------- ---------- ------- --------- Operating income.......... - 11,366 - 510 - 11,876 INTEREST EXPENSE............... - 10,922 1,353 395 - 12,670 BANK FINANCING FEES............ - 1,288 - 90 - 1,378 EQUITY IN LOSS OF SUBSIDIARIES ............. (2,498) (1,911) (822) - 5,231 - ------- ---------- ----------- --------- -------- -------- Loss before income taxes (2,498) (2,755) (2,175) 25 5,231 (2,172) PROVISION (BENEFIT) FOR INCOME TAXES................. - (257) 75 508 - 326 ------- ---------- --------- --------- ------- --------- NET LOSS BEFORE PREFERRED STOCK DIVIDENDS.... (2,498) (2,498) (2,250) (483) 5,231 (2,498) PREFERRED STOCK DIVIDEND REQUIREMENT.................. (3,824) - - - - (3,824) ------- --------- --------- --------- ------- --------- NET LOSS ATTRIBUTABLE TO COMMON STOCKHOLDERS.................. $(6,322) $ (2,498) $ (2,250) $ (483) $ 5,231 $ (6,322) ======= ========= ========= ========= ======== ========= U.S. CAN CORPORATION AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS CONDENSED CONSOLIDATING STATEMENT OF OPERATIONS For the Quarterly Period Ended MARCH 30, 2003 (unaudited) (000's omitted) USC May USC Europe/ May United Verpackungen Verpackungen GmbH U.S. Can States Can Holding & Co., KG U.S. Can Corporation Company (Guarantor (Non-Guarantor Corporation (Parent) (Issuer) Subsidiaries) Subsidiaries) Eliminations Consolidated ------------ ------------- ----------------- -------------------- ------------- ------------- NET SALES...................... $ - $ 135,825 $ - $ 63,065 $ - $ 198,890 COST OF SALES.................. - 117,080 - 60,466 - 177,546 ------- ---------- --------- ---------- ------- --------- Gross income.............. - 18,745 - 2,599 - 21,344 SELLING, GENERAL AND ADMINISTRATIVE EXPENSES....... - 6,248 - 3,428 - 9,676 SPECIAL CHARGES................ - 527 - 503 - 1,030 ------- ---------- --------- ---------- ------- --------- Operating income.......... - 11,970 - (1,332) - 10,638 INTEREST EXPENSE............... - 10,628 1,596 864 - 13,088 BANK FINANCING FEES............ - 1,014 - - - 1,014 EQUITY IN LOSS OF SUBSIDIARIES ............. (4,037) (4,241) (2,001) - 10,279 - ------- --------- ----------- --------- -------- -------- Loss before income taxes (4,037) (3,913) (3,597) (2,196) 10,279 (3,464) PROVISION FOR INCOME TAXES................. - 124 - 449 - 573 ------- --------- --------- --------- ------- --------- NET LOSS BEFORE PREFERRED STOCK DIVIDENDS.... (4,037) (4,037) (3,597) (2,645) 10,279 (4,037) PREFERRED STOCK DIVIDEND REQUIREMENT.................. (3,246) - - - - (3,246) ------- --------- --------- --------- ------- --------- NET LOSS ATTRIBUTABLE TO COMMON STOCKHOLDERS.................. $(7,283) $ (4,037) $ (3,597) $ (2,645) $10,279 $ (7,283) ======= ========= ========= ========= ======== ========= U.S. CAN CORPORATION AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS - (Continued) CONDENSED CONSOLIDATING BALANCE SHEET As of APRIL 4, 2004 (unaudited) (000s omitted) USC May USC Europe/ May Verpackungen Verpackungen U.S. Can United States Holding GmbH U.S. Can Corporation Can Company (Subsidiary (Non-Guarantor Corporation (Parent) (Issuer) Guarantor) Subsidiaries) Eliminations Consolidated -------------- --------------- ------------------ ----------------- -------------- ------------------ CURRENT ASSETS: Cash and cash equivalents $ - $ 1,608 $ - $ 4,025 $ - $ 5,633 Accounts receivable...... - 51,591 - 43,214 - 94,805 Inventories.............. - 53,274 - 45,335 - 98,609 Other current assets..... - 5,798 - 12,409 - 18,207 -------------- --------------- ------------------ ----------------- -------------- ------------------ Total current assets - 112,271 - 104,983 - 217,254 NET PROPERTY, PLANT AND EQUIPMENT................... - 140,202 - 95,122 - 235,324 GOODWILL...................... - 27,384 - - - 27,384 DEFERRED INCOME TAXES......... - 31,009 - 126 - 31,135 OTHER NON-CURRENT ASSETS...... - 38,382 - 14,469 - 52,851 INTERCOMPANY ADVANCES.................... - 253,372 - - (253,372) - INVESTMENT IN SUBSIDIARIES................ - - 59,493 - (59,493) - -------------- --------------- ------------------ ----------------- -------------- ------------------ -------------- --------------- ------------------ ----------------- -------------- ------------------ Total assets........ $ - $ 602,620 $ 59,493 $ 214,700 $ (312,865) $ 563,948 ============== =============== ================== ================= ============== ================== CURRENT LIABILITIES Current maturities of long-term debt......... $ - $ 2,033 $ - $ 17,959 $ - $ 19,992 Accounts payable......... - 37,124 - 51,729 - 88,853 Restructuring reserves... - 1,678 - 528 - 2,206 Income taxes payable..... - - - 1,105 - 1,105 Other current liabilities - 30,789 - 10,166 - 40,955 -------------- --------------- ------------------ ----------------- -------------- ------------------ Total current - 71,624 - 81,487 - 153,111 liabilities................... TOTAL LONG TERM DEBT.......... 854 534,657 - - - 535,511 LONG-TERM LIABILITIES PURSUANT TO EMPLOYEE BENEFIT PLANS... - 41,018 930 29,996 - 71,944 OTHER LONG-TERM LIABILITIES................. - 2,594 - 4,486 - 7,080 PREFERRED STOCK............... 150,779 - - - - 150,779 INTERCOMPANY LOANS............ 112,055 - 123,023 18,294 (253,372) - INVESTMENT IN SUBSIDIARIES................ 90,789 43,516 - - (134,305) - STOCKHOLDERS' EQUITY.......... (354,477) (90,789) (64,460) 80,437 74,812 (354,477) -------------- --------------- ------------------ ----------------- -------------- ------------------ -------------- --------------- ------------------ ----------------- -------------- ------------------ Total liabilities $ - $ 602,620 $ 59,493 $ 214,700 $ (312,865) $ 563,948 and stockholders' equity........................ ============== =============== ================== ================= ============== ================== U.S. CAN CORPORATION AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS-- (Continued) CONDENSED CONSOLIDATING BALANCE SHEET As of December 31, 2003 (000's omitted) U.S. Can United States USC May USC Europe/ May Eliminations U.S. Can Verpackungen Verpackungen Holding GmbH Corporation Can Company (Subsidiary (Non-Guarantor Corporation (Parent) (Issuer) Guarantor) Subsidiaries) Consolidated -------------- --------------- ------------------ ----------------- -------------- ------------------ CURRENT ASSETS: Cash and cash equivalents $ - $ 16,854 $ - $ 6,686 $ - $ 23,540 Accounts receivable...... - 44,157 - 43,452 - 87,609 Inventories.............. - 52,739 - 42,806 - 95,545 Other current assets..... - 7,126 - 7,276 - 14,402 -------------- --------------- ------------------ ----------------- -------------- ------------------ Total current assets - 120,876 - 100,220 - 221,096 NET PROPERTY, PLANT AND EQUIPMENT................... - 143,777 - 99,596 - 243,373 GOODWILL...................... - 27,384 - - - 27,384 DEFERRED INCOME TAXES......... - 30,685 - 131 - 30,816 OTHER NON-CURRENT ASSETS...... - 39,570 - 14,949 - 54,519 INTERCOMPANY ADVANCES.................... - 252,104 - - (252,104) - INVESTMENT IN SUBSIDIARIES................ - - 61,961 - (61,961) - -------------- --------------- ------------------ ----------------- -------------- ------------------ -------------- --------------- ------------------ ----------------- -------------- ------------------ Total assets........ $ - $ 614,396 $ 61,961 $ 214,896 $ (314,065) $ 577,188 ============== =============== ================== ================= ============== ================== CURRENT LIABILITIES Current maturities of long-term debt......... $ - $ 2,379 $ - $ 17,120 $ - $ 19,499 Accounts payable......... - 42,237 - 48,614 - 90,851 Restructuring reserves... - 2,831 - 591 - 3,422 Income taxes payable..... - - - 1,249 - 1,249 Other current liabilities - 35,683 - 10,802 - 46,485 -------------- --------------- ------------------ ----------------- -------------- ------------------ Total current - 83,130 - 78,376 - 161,506 liabilities................... TOTAL LONG TERM DEBT.......... 854 534,913 - - - 535,767 LONG-TERM LIABILITIES PURSUANT TO EMPLOYEE BENEFIT PLANS... - 41,069 930 29,780 - 71,779 OTHER LONG-TERM LIABILITIES................. - 2,594 - 4,492 - 7,086 PREFERRED STOCK............... 146,954 - - - - 146,954 INTERCOMPANY LOANS............ 112,056 - 121,595 18,453 (252,104) - INVESTMENT IN SUBSIDIARIES................ 86,040 38,730 - - (124,770) - STOCKHOLDERS' EQUITY.......... (345,904) (86,040) (60,564) 83,795 62,809 (345,904) -------------- --------------- ------------------ ----------------- -------------- ------------------ -------------- --------------- ------------------ ----------------- -------------- ------------------ Total liabilities $ - $ 614,396 $ 61,961 $ 214,896 $ (314,065) $ 577,188 and stockholders' equity........................ ============== =============== ================== ================= ============== ================== U.S. CAN CORPORATION AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS --- (Continued) CONDENSED CONSOLIDATING STATEMENT OF CASH FLOWS FOR THE QUARTERLY PERIOD ENDED APRIL 4, 2004 (unaudited) (000s omitted) U.S. Can United USC May USC Europe / May U.S. Can Verpackungen States Can Holding Verpackungen Corporation Company (Subsidiary (Non-Guarantor Corporation (Parent) (Issuer) Guarantor) Subsidiaries) Consolidated -------------- ------------- ------------------ -------------------- ------------- CASH FLOWS USED FOR OPERATING ACTIVITIES.........$.....-..... $(11,040) $ (2,250) $ (1,695) $ (14,985) - - --------- --------- -------- --------- CASH FLOWS FROM INVESTING ACTIVITIES: Capital expenditures.................................-..... (3,354) - (366) (3,720) Proceeds from sale of property.......................-..... 1,018 - - 1,018 - -------- --------- -------- --------- Net cash used for investing activities...........-..... (2,336) - (366) (2,702) - -------- --------- --------- ---------- CASH FLOWS FROM FINANCING ACTIVITIES: Changes in intercompany advances.....................-..... (1,268) 2,250 (982) - Payments of other long-term debt.....................-..... (602) - - (602) Borrowings of other debt.............................-..... - - 881 881 - -------- --------- --------- --------- Net cash (used for) provided by - (1,870) -------- ---------- financing activities.............................................. 2,250 (101) 279 ---------- ---------- --------- EFFECT OF EXCHANGE RATE CHANGES ON CASH................-..... - - (499) (499) - -------- --------- --------- ---------- DECREASE IN CASH AND - (15,246) CASH EQUIVALENTS........................................... - (2,661) (17,907) CASH AND CASH EQUIVALENTS, beginning of - 16,854 -------- --------- period..................................................... - 6,686 23,540 --------- -------- --------- CASH AND CASH EQUIVALENTS, end of period.........$.....-..... $ 1,608 $ - $ 4,025 $ 5,633 = = ========= ========= ======== ========= U.S. CAN CORPORATION AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS --- (Continued) CONDENSED CONSOLIDATING STATEMENT OF CASH FLOWS FOR THE QUARTERLY PERIOD ENDED MARCH 30, 2003 (unaudited) (000s omitted) USC May United Verpackungen USC Europe / May U.S. Can States Can Holding Verpackungen U.S. Can Corporation Company (Subsidiary (Non-Guarantor Corporation (Parent) (Issuer) Guarantor) Subsidiaries) Consolidated -------------- ------------- ------------------ -------------------- ------------- CASH FLOWS (USED FOR) PROVIDED BY OPERATING $ - $ 3,463 -------- -------- ACTIVITIES................................................. $ (3,601) $ (1,411) $ (1,549) --------- -------- --------- CASH FLOWS FROM INVESTING ACTIVITIES: Capital expenditures.................................-..... (2,782) - (973) (3,755) Proceeds from sale of property.......................-..... 13 - 5,173 5,186 - -------- --------- -------- --------- Net cash (used for) provided by - (2,769) -------- -------- investing activities......................................... - 4,200 1,431 --------- -------- --------- CASH FLOWS FROM FINANCING ACTIVITIES: Changes in intercompany advances.....................-..... (2,513) 3,601 (1,088) - Net borrowings under revolving line of - 200 credit....................................................... - - 200 Payments of other long-term debt.....................-..... (265) - (5,227) (5,492) Borrowings of other debt.............................-..... - - 1,048 1,048 - -------- --------- --------- --------- Net cash (used for) provided by - (2,578) -------- ---------- financing activities.............................................. 3,601 (5,267) (4,244) ---------- ---------- ---------- EFFECT OF EXCHANGE RATE CHANGES ON CASH................-..... - - (403) (403) - -------- --------- --------- ---------- DECREASE IN CASH AND - (1,884) CASH EQUIVALENTS........................................... - (2,881) (4,765) CASH AND CASH EQUIVALENTS, beginning of - 5,707 -------- --------- period..................................................... - 6,083 11,790 --------- -------- --------- CASH AND CASH EQUIVALENTS, end of period.........$.....-..... $ 3,823 $ - $ 3,202 $ 7,025 = = ========= ========= ======== ========= Item 2. Management's Discussion and Analysis of Financial Condition and Results of Operations The following narrative discusses the results of operations, liquidity and capital resources for the Company on a consolidated basis. This section should be read in conjunction with the financial statements and footnotes contained within this report and the Corporation's Annual Report on Form 10-K for the fiscal year ended December 31, 2003 (see "Management's Discussion and Analysis of Financial Condition and Results of Operations" contained therein). Use of Estimates; Critical Accounting Policies The preparation of financial statements in conformity with accounting principles generally accepted in the United States requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities, disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenue and expenses during the reporting period. Estimates are used for, but not limited to: customer rebate accruals included in allowance for doubtful accounts; inventory valuation; restructuring amounts; asset impairments; goodwill impairments; pension assumptions and tax valuation allowances. Future events and their effects cannot be perceived with certainty. Accordingly, our accounting estimates require the exercise of management's current best reasonable judgment based on facts available. The accounting estimates used in the preparation of the consolidated financial statements will change as new events occur, as more experience is acquired, as more information is obtained and as the Company's operating environments change. Accounting policies requiring significant management judgments include those related to revenue recognition, inventory valuation, rebate accruals, goodwill impairment, restructuring reserves, tax valuation allowances, pension benefit obligations and interest rate exposure. The Company's critical accounting policies are described in Note (2) to the audited Consolidated Financial Statements contained within the Company's Annual Report on Form 10-K for the fiscal year ended December 31, 2003. Significant business or customer conditions could cause material changes to the amounts reflected in our financial statements. For example, the Company enters into contractual agreements with certain of its customers for rebates, generally based on annual sales volumes. Should the Company's estimates of the customers' annual sales volumes vary materially from the sales volumes actually realized, revenue may be materially impacted, however, we have not historically been required to make material adjustments to our rebate accruals. Similarly, a large portion of the Company's inventory is manufactured to customer specifications. Other inventory is generally less specific and saleable to multiple customers. However, losses may result should the Company manufacture customized products, which it is unable to sell. Since raw materials inventory is generally not customer-specific, losses would generally relate to work in progress and finished goods inventory. An increase of 1% in the level of reserves for work in progress and finished goods inventory would result in a pretax charge of less than $1 million. The Company has not historically experienced major deviations in the level of reserve for unsaleable inventory, except in the case of discontinued product lines. Statement of Financial Accounting Standards (SFAS) No. 142 "Goodwill and Other Intangible Assets" requires that goodwill and "indefinite-lived" intangibles are not amortized but are tested at least annually for impairment. On an ongoing basis, the Company reviews its operations for indications of potential goodwill impairment and annually tests its goodwill for impairment under SFAS 142 in November of each year. The Company identifies potential impairments of goodwill by comparing an estimated fair value for each applicable business unit to its respective carrying value. Although the values are assessed using a variety of internal and external sources, future events may cause reassessments of these values and related goodwill impairments. The Company currently has $27.4 million of goodwill relating to its Aerosol and Paint, Plastic and General Line segments included in its consolidated balance sheet. As of December 31, 2003, a 10% decrease in the Company's assessment of the fair value of the Aerosol or Paint, Plastic and General Line businesses would have caused no impairment of the goodwill related to that segment. In accordance with SFAS 144, "Accounting for the Impairment or Disposal of Long-Lived Assets," we continually review whether events and circumstances subsequent to the acquisition of any long-lived assets have occurred that indicate the remaining estimated useful lives of those assets may warrant revision or that the remaining balance of those assets may not be recoverable. If events and circumstances indicate that the long-lived assets should be reviewed for possible impairment, we use projections to assess whether future cash flows or operating income (before amortization) on an undiscounted basis related to the tested assets is likely to exceed the recorded carrying amount of those assets, to determine if a write-down is appropriate. Should an impairment be identified, a loss would be reported to the extent that the carrying value of the impaired assets exceeds their fair values as determined by valuation techniques appropriate in the circumstances that could include the use of similar projections on a discounted basis. Our estimates of future cash flows are based on historical performance, our assessment of the impact of economic and industry-specific trends and Company-prepared projections. These estimates are highly likely to change from period to period based on performance and changes in market and economic conditions. A significant decline in our assessment of future cash flows and a significant decline in our assessment of the fair value of long-lived assets could cause us to record material impairment losses. As more fully described in Note (3) to the Consolidated Financial Statements, several restructuring programs were implemented in order to streamline operations and reduce costs. The Company has established reserves and recorded charges against such reserves, to cover the costs to implement the programs. The estimated costs were determined based on contractual arrangements, quotes from contractors, similar historical activities and other judgmental determinations. Actual costs may differ from those estimated. During 2004, the Company recorded a charge of $0.5 million related to position elimination costs in Europe. As of April 4, 2004, $6.7 million of reserves for restructuring programs were included in the Company's consolidated balance sheet. $3.4 million of these reserves related to employee separation costs for employees that have already been separated. As these payments will be made over time, actual payments may not reflect the amounts accrued but they are unlikely to vary materially. $3.3 million of the reserve relates to future costs related to facilities that the Company has closed. The Company has made assumptions regarding the period of time that it will require to dispose of these facilities. In most cases, the Company has included costs through the life of the leases. If the Company disposes of or subleases the facilities earlier than expected, the Company will reduce the level of the reserve. The Company accounts for income taxes using the asset and liability method under which deferred income tax assets and liabilities are recognized for the tax consequences of "temporary differences" between the financial statement carrying amounts and the tax bases of existing assets and liabilities and operating losses and tax credit carry forwards. On an ongoing basis, the Company evaluates its deferred tax assets to determine whether it is more likely than not that such assets will be realized in the future and records valuation allowances against the deferred tax assets for amounts which are not considered more likely than not to be realized. The estimate of the amount that is more likely than not to be realized requires the use of assumptions concerning the amounts and timing of the Company's future income by taxing jurisdiction. Actual results may differ from those estimates. The Company relies upon actuarial models to calculate its pension and post-retirement benefit obligations and the related effects on operations. Accounting for pensions and post-retirement benefit plans using actuarial models requires the use of estimates and assumptions regarding numerous factors, including the discount rate, the long-term rate of return on plan assets, health care cost increases, retirement ages, mortality and employee turnover. On an annual basis, the Company evaluates these critical assumptions and makes changes to them as necessary to reflect the Company's experience. In any given year, actual results could differ from actuarial assumptions made due to economic and other factors which could impact the amount of expense or liability for pensions or postretirement benefits the Company reports. Two of the critical assumptions in determining the Company's reported expense or liability for pensions or post-retirement benefits are the discount rate and the long-term expected rate of return on plan assets. The use of a lower discount rate and a lower long-term expected rate of return on plan assets would increase the present value of benefit obligations and increase pension expense and post-retirement benefit expense. A 1% decrease in the Company's discount rate would have caused the Company's 2003 pension expense and post-retirement expense to increase by approximately $1.2 million. A 1% decrease in our assumed return on plan assets would have increased our pension expense by approximately $0.3 million. At December 31, 2003, the Company reduced its discount rate related to its U.S. plans by 0.5%. This increased the Company's annual 2004 pension expense and post-retirement expense by approximately $0.6 million. Results of Operations The following table presents the Company's Revenue and Gross Income by segment for the first quarter of 2004 as compared to the first quarter of 2003. For the three months ended April 4, 2004 and March 30, 2003 ----------------------------------------------------------------------------- Revenue Gross Income (Loss) Percentage to Sales ----------------------------------------------------------------------------- 2004 2003 2004 2003 2004 2003 ----------------------------------------------------------------------------- Aerosol $ 92,155 $ 88,778 $ 14,585 $ 14,008 15.8% 15.8% International 78,359 63,065 4,685 2,600 6.0% 4.1% Paint, Plastic & General Line 33,426 31,245 3,472 4,185 10.4% 13.4% Custom & Specialty 9,488 15,802 (347) 551 (3.7)% 3.5% ---------------------------------------------------------- Total $ 213,428 $ 198,890 $ 22,395 $ 21,344 10.5% 10.7% ========================================================== Consolidated net sales for the first quarter ended April 4, 2004 were $213.4 million compared to $198.9 million in the first quarter of 2003, an increase of 7.3%. Along business segment lines, Aerosol net sales for the first quarter of 2004 increased to $92.2 million from $88.8 million for the same period in 2003, a 3.8% increase, due to increased unit volume ($4.5 million) offset by changes in customer and product mix ($1.1 million). International net sales increased to $78.4 million for the first quarter of 2004 from $63.1 million for the first quarter of 2003, an increase of $15.3 million or 24.3%. The increase was due to the positive impact of the translation of sales made in foreign currencies based upon using the same average U.S. dollar exchange rates in effect during the first quarter of 2003 ($10.8 million), an increase in volume ($3.1 million) and the positive impact of a change in product mix ($1.4 million). Paint, Plastic & General Line net sales increased $2.2 million to $33.4 million for the first quarter of 2004 from $31.2 million for the first quarter of 2003. This increase was due to an increase in plastics volume ($0.9 million) and increasing resin prices in our plastics business ($1.9 million), which are contractually passed on to customers, partially offset by the negative impact of decreased metal can volume ($0.6 million). In the Custom & Specialty segment, sales decreased 40.0% from $15.8 million for the first quarter of 2003 to $9.5 million for the first quarter of 2004, driven primarily by a decline in volume. Consolidated gross income increased $1.1 million for the quarter ended April 4, 2004 from the same quarter in 2003. Along business segment lines, Aerosol gross income dollars increased by $0.6 million while the percentage to sales remained the same at 15.8%. The increase in Aerosol gross income dollars was due to an increase in volume in the first quarter of 2004 versus the same period of 2003 partially offset by increased raw material costs associated with steel surcharges as discussed in the "Liquidity and Capital Resources" section. The International segment gross income increased $2.1 million versus the same period in 2003 and the percentage to sales increased to 6.0% from 4.1%. The increase in International gross income was primarily due to increased International volume ($0.8 million) and cost reduction programs and other operational efficiency improvements ($1.9 million), partially offset by accelerated depreciation related to production lines to be idled in conjunction with the German food can business product line profitability review ($0.6 million). The Paint, Plastic & General Line segment gross income decreased $0.7 million versus the same period in 2003. The percentage to net sales decreased from 13.4% in 2003 to 10.4% in 2004. The decrease in dollars and percentage was due to a change in demand in the first quarter of 2004 to less profitable product lines ($0.8 million) along with an increase in corporate allocated expenses ($0.2 million), partially offset by volume related efficiencies in our plastics business ($0.3 million). The Custom & Specialty segment gross income decreased to a loss of $(0.3) million, compared to income of $0.6 million in the first quarter of 2003. The decline was driven primarily by the overhead absorption impact of producing fewer units due to a decline in volume ($1.9 million) partially offset by cost reduction programs and operational improvements ($1.0 million). Selling, general and administrative costs were $10.0 million or 4.7% of sales in the first quarter of 2004 compared to $9.7 million or 4.9% of sales in the first quarter of 2003. The increase in selling, general and administrative costs in the first quarter is primarily due to the negative impact of the translation of expenses incurred in foreign currencies to U.S. dollars. During the first quarter of 2004, the Company recorded a restructuring charge of $0.5 million related to position elimination costs in Europe. The position eliminations consisted of 23 employees and include eliminations related to an early termination program in one European facility and a product line profitability review program in our German food can business. Total cash payments in the first quarter of 2004 were $1.6 million (primarily severance and facility shut down costs) and the Company anticipates spending another $6.7 million over the next several years. The majority of these cash payments relate to restructuring programs completed in previous years, for which the Company has already realized the associated cost savings. The remaining reserve consists primarily of employee termination benefits paid over time for approximately eight salaried and 44 hourly employees and other ongoing facility exit costs. The table below presents the reserve categories and related activity as of April 4, 2004: January 1, Additions Cash Other (b) April 4, 2004 Balance Payments 2004 Balance -------------- ------------- ------------- --------------- -------------- -------------- ------------- ------------- --------------- -------------- Employee Separation $4.3 $0.5 $(1.3) $(0.1) $3.4 Facility Closing Costs 3.6 - (0.3) - 3.3 -------------- ------------- ------------- --------------- -------------- -------------- ------------- ------------- --------------- -------------- Total $7.9 $0.5 $(1.6) $(0.1) $6.7 (a) ============== ============= ============= =============== ============== ============== ============= ============= =============== ============== (a) Includes $4.5 million classified as other long-term liabilities as of April 4, 2004. (b) Non-cash foreign currency translation impact Interest expense in the first three months of 2004 decreased 3.2%, or $0.4 million, versus the same period of 2003. The decrease is due primarily to the expiration of the Company's interest rate protection agreements in the fourth quarter of 2003 ($1.5 million) partially offset by higher interest rates due to the issuance of the 10 7/8% Senior Secured Notes in July 2003 ($0.9 million) and higher average borrowings ($0.2 million) during the period. Bank financing fees for the first quarter of 2004 were $1.4 million as compared to $1.0 million for the first quarter of 2003, due to the amortization of deferred financing costs related to the 10 7/8% Senior Secured Notes. Income tax expense was $0.3 million for the first quarter of 2004 versus income tax expense of $0.6 million for the first quarter of 2003. During the fourth quarter of 2002, the Company recorded a valuation allowance as it could not conclude that it is "more likely than not" that all of the deferred tax assets of certain of its foreign operations will be realized in the foreseeable future. Accordingly, the Company did not record an income tax benefit related to the first quarter 2004 and 2003 losses of those operations. Payment in kind dividends of $3.8 million and $3.2 million on the redeemable preferred stock were recorded for the first quarters of 2004 and 2003, respectively. Liquidity and Capital Resources During the first quarter of 2004, liquidity needs were met through cash on hand and internally generated cash flow. Principal liquidity needs included operating costs, working capital and capital expenditures. Cash flow used by operations was $15.0 million for the three months ended April 4, 2004 compared to cash used of $1.5 million for the three months ended March 30, 2003. The increased use of cash by operations is due primarily to increases in working capital, including the payment of $10.6 million of interest payments on our 12 3/8% Senior Subordinated debt in the first fiscal quarter of 2004 versus the second fiscal quarter of 2003. Net cash used for investing activities was $2.7 million for the first quarter of 2004 compared to net cash provided of $1.4 million for the first quarter of 2003. First quarter 2004 investing activities include capital spending of $3.7 million offset by the net proceeds received from the March 2004 sale of our closed Dallas, Texas facility of $1.0 million. Proceeds received from the sale of property during the first quarter of 2003 are composed primarily of the payment received for the sale of the Company's Daegeling, Germany facility, which was sold at the end of 2002. Net cash provided by financing activities in the first three months of 2004 was $0.3 million versus net cash used of $4.2 million for the same period in 2003. The primary first quarter 2004 sources of cash were borrowings under the revolving line of credit granted by one of May Verpackungen's lenders to fund May's seasonal working capital requirements. Starting in the fourth quarter of 2003, many domestic and foreign steel suppliers began experiencing a shortage of coke, an important component of the steel-making process. The shortage is due to many factors, which include the growing Chinese steel market and a fire at a coal mine in the U.S., which produces coke. The shortage is expected to continue in at least the near future. While we cannot predict the long-term effects the shortage will have on our tin-plate costs, the shortage has caused some steel manufacturers to charge a surcharge on steel, which has increased our tin-plate prices. Some customer contracts allow us to pass tin-plated steel price increases through to our customers. We informed our customers of steel related price increases to be effective in the second quarter of 2004, and expect the future impact of the current level of unrecovered steel price increases to be immaterial. However, customer contracts may limit pass-throughs and also may require us to match other competitive bids. At April 4, 2004, $42.1 million was outstanding under the $110.0 million revolving loan portion of the Senior Secured Credit Facility. Letters of Credit of $12.7 million were also outstanding securing the Company's obligations under various insurance programs and other contractual agreements. In addition, the Company had $5.6 million of cash and cash equivalents at quarter end. The Senior Secured Credit Facility, the 10 7/8% Senior Secured Notes and the 12 3/8% Senior Subordinated Notes contain a number of financial and restrictive covenants. Under our Senior Secured Credit Facility, the Company is required to meet certain financial tests, including achievement of a minimum EBITDA level, a minimum interest coverage ratio, a minimum fixed charge coverage ratio and a maximum leverage ratio. The restrictive covenants limit the Company's ability to incur debt, pay dividends or make distributions, sell assets or consolidate or merge with other companies. The Company was in compliance with all of the required financial ratios and other covenants under both facilities at April 4, 2004 and anticipates being in compliance in the remaining three quarters of 2004. At existing levels of operations, cash generated from operations together with amounts to be drawn from the revolving credit facility, are expected to be adequate to meet anticipated debt service requirements, restructuring costs, capital expenditures and working capital needs. Future operating performance, unexpected capital expenditures, investments, acquisitions and the ability to service or refinance the notes, to service, extend or refinance the Senior Secured Credit Facility and to redeem or refinance our preferred stock will be subject to future economic conditions and to financial, business and other factors, many of which are beyond management's control. The Company's amended Senior Secured Credit Facility permits, from time to time and subject to certain conditions, the redemption of the subordinated debt. The Company intends to pursue opportunistic repurchases of its outstanding 12 3/8% Senior Subordinated Notes as time and circumstances permit, subject to market conditions, the trading price of the 12 3/8% Senior Subordinated Notes and the terms of the Company's Senior Secured Credit Facility. The Company continually evaluates all areas of its operations for ways to improve profitability and overall Company performance. In connection with these evaluations, management considers numerous alternatives to enhance the Company's existing business including, but not limited to acquisitions, divestitures, capacity realignments and alternative capital structures. Item 3. Quantitative and Qualitative Disclosures About Market Risk Management does not believe the Company's exposure to market risk has significantly changed since year-end 2003. Item 4. Controls and Procedures EVALUATION OF DISCLOSURE CONTROLS AND PROCEDURES. The Company's management, with the participation of the Company's principal executive officer and chief financial officer, has evaluated the effectiveness of its disclosure controls and procedures (as defined in Rules 13a-15(e) and 15d-15(e) under the Securities Exchange Act of 1934, as amended (the "Exchange Act")), as of the end of the period covered by this Quarterly Report on Form 10-Q. Based on such evaluation, the Company's principal executive officer and chief financial officer have concluded that as of such date, the Company's disclosure controls and procedures were effective. CHANGES IN INTERNAL CONTROL OVER FINANCIAL REPORTING. There was no change in the Company's internal control over financial reporting (as defined in Rules 13a-15(f) and 15d-15(f) under the Exchange Act) that occurred during the period covered by this Quarterly Report on Form 10-Q that has materially affected, or is reasonably likely to materially affect, the Company's internal control over financial reporting. PART II OTHER INFORMATION Item 1. Legal Proceedings Environmental Matters Our operations are subject to environmental laws in the United States and abroad, relating to pollution, the protection of the environment, the management and disposal of hazardous substances and wastes and the cleanup of contaminated sites. Our capital and operating budgets include costs and expenses associated with complying with these laws, including the acquisition, maintenance and repair of pollution control equipment, and routine measures to prevent, contain and clean up spills of materials that occur in the ordinary course of our business. In addition, some of our production facilities require environmental permits that are subject to revocation, modification and renewal. We believe that we are in substantial compliance with environmental laws and our environmental permit requirements, and that the costs and expenses associated with this compliance are not material to our business. However, additional operating costs and capital expenditures could be incurred if, among other developments, additional or more stringent requirements relevant to our operations are promulgated. Occasionally, contaminants from current or historical operations have been detected at some of our present and former sites. Although we are not currently aware of any material claims or obligations with respect to these sites, the detection of additional contamination or the imposition of cleanup obligations at existing or unknown sites could result in significant liability. We have been designated as a potentially responsible party under Superfund laws at various sites in the United States, including a former can plant located in San Leandro, California. As a potentially responsible party, we are or may be legally responsible, jointly and severally with other members of the potentially responsible party group, for the cost of environmental remediation at these sites. Based on currently available data, we believe our contribution to the sites designated under U.S. Superfund law was, in most cases, minimal. With respect to San Leandro, we believe the principal source of contamination is unrelated to our past operations. Based upon currently available information, the Company does not expect the effects of environmental matters to be material to its financial position. Litigation We are involved in litigation from time to time in the ordinary course of our business. In our opinion, the litigation is not material to our financial condition or results of operations. Item 6. Exhibits and Reports On Form 8-K (a) Exhibits 31.1 Certification of Chief Executive Officer Pursuant to Section 13a-15 of the Securities and Exchange Act of 1934 31.2 Certification of Chief Financial Officer Pursuant to Section 13a-15 of the Securities and Exchange Act of 1934 (b) Reports on Form 8-K (i) The Company furnished to the Commission a Current Report on Form 8-K on February 24, 2004 to announce its results of operations for the period ended December 31, 2003. The Company's fourth quarter 2004 earnings press release was attached to the Current Report. 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 thereunto duly authorized. U.S. CAN CORPORATION Date: May 13, 2004 By: /s/ Sandra K. Vollman --------------------- Sandra K. Vollman Senior Vice President and Chief Financial Officer (Duly authorized officer and principal financial officer)