SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 10-Q
[X] |
QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 FOR THE QUARTERLY PERIOD ENDED SEPTEMBER 30, 2002 |
OR
[ ] |
TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 FOR THE TRANSITION PERIOD FROM TO |
Commission file number 0-18169
IEA INCOME FUND IX, L.P.
California | 94-3069954 | |
(State or other jurisdiction of | (I.R.S. Employer | |
incorporation or organization) | Identification No.) |
One Front Street, 15th Floor, San Francisco, California 94111
(Address of principal executive offices) (Zip Code)
(415) 677-8990
(Registrants 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 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 [X]. No [ ].
IEA INCOME FUND IX, L.P.
Report on Form 10-Q for the Quarterly Period
Ended September 30, 2002
TABLE OF CONTENTS
PAGE | |||||
PART I FINANCIAL INFORMATION |
|||||
Item 1. Financial Statements |
|||||
Balance Sheets September 30, 2002 (unaudited) and December 31, 2001 |
4 | ||||
Statements of Operations for the three months ended September 30, 2002 and 2001 (unaudited) |
5 | ||||
Statements of Cash Flows for the three months ended September 30, 2002 and 2001 (unaudited) |
6 | ||||
Notes to Financial Statements (unaudited) |
7 | ||||
Item 2. Managements Discussion and Analysis of Financial Condition and Results of Operations |
12 | ||||
Item 3. Quantitative and Qualitative Disclosures About Market Risk |
16 | ||||
Item 4. Controls and Procedures |
16 | ||||
PART II OTHER INFORMATION |
|||||
Item 6. Exhibits and Reports on Form 8-K |
17 |
2
PART I FINANCIAL INFORMATION
Item 1. | Financial Statements | |
Presented herein are the Registrants balance sheets as of September 30, 2002 and December 31, 2001, statements of operations for the three and nine months ended September 30, 2002 and 2001, and statements of cash flows for the nine months ended September 30, 2002 and 2001. |
3
IEA INCOME FUND IX, L.P.
Balance Sheets
(Unaudited)
September 30, | December 31, | |||||||||||
2002 | 2001 | |||||||||||
Assets |
||||||||||||
Current assets: |
||||||||||||
Cash and cash equivalents, includes $398,289 at
September 30, 2002 and $477,367 at December 31,
2001 in interest-bearing accounts |
$ | 438,074 | $ | 492,681 | ||||||||
Net lease receivables due from Leasing Company
(notes 1 and 2) |
| 30,994 | ||||||||||
Total current assets |
438,074 | 523,675 | ||||||||||
Container rental equipment, at cost |
6,528,533 | 8,725,806 | ||||||||||
Less accumulated depreciation |
4,807,833 | 6,004,447 | ||||||||||
Net container rental equipment |
1,720,700 | 2,721,359 | ||||||||||
Total assets |
$ | 2,158,774 | $ | 3,245,034 | ||||||||
Liabilities and Partners Capital |
||||||||||||
Current liabilities |
||||||||||||
Net lease payable due to Leasing Company
(notes 1 and 2) |
$ | 7,875 | $ | | ||||||||
Total liabilities |
7,875 | | ||||||||||
Partners capital (deficit): |
||||||||||||
General partner |
(110,105 | ) | (84,404 | ) | ||||||||
Limited partners |
2,261,004 | 3,329,438 | ||||||||||
Total partners capital |
2,150,899 | 3,245,034 | ||||||||||
Total liabilities and partners capital |
$ | 2,158,774 | $ | 3,245,034 | ||||||||
The accompanying notes are an ontegral part of these financial statements.
4
IEA INCOME FUND IX, L.P.
Statements of Operations
(Unaudited)
Three Months Ended | Nine Months Ended | |||||||||||||||||
September 30, | September 30, | September 30, | September 30, | |||||||||||||||
2002 | 2001 | 2002 | 2001 | |||||||||||||||
Net lease revenue (notes 1 and 3) |
$ | 90,656 | $ | 156,570 | $ | 293,271 | $ | 575,886 | ||||||||||
Other operating expenses: |
||||||||||||||||||
Depreciation |
114,848 | 162,185 | 385,813 | 400,505 | ||||||||||||||
Other general and administrative expenses |
14,114 | 15,432 | 42,522 | 54,325 | ||||||||||||||
Net loss on disposal of equipment |
33,508 | 9,933 | 143,645 | 68,784 | ||||||||||||||
(Loss) income from operations |
(71,814 | ) | (30,980 | ) | (278,709 | ) | 52,272 | |||||||||||
Other income: |
||||||||||||||||||
Interest income |
1,243 | 3,930 | 4,221 | 17,208 | ||||||||||||||
Net (loss) income |
$ | (70,571 | ) | $ | (27,050 | ) | $ | (274,488 | ) | $ | 69,480 | |||||||
Allocation of net (loss) income: |
||||||||||||||||||
General partner |
$ | (706 | ) | $ | 7,332 | $ | (2,745 | ) | $ | 28,873 | ||||||||
Limited partners |
(69,865 | ) | (34,382 | ) | (271,743 | ) | 40,607 | |||||||||||
$ | (70,571 | ) | $ | (27,050 | ) | $ | (274,488 | ) | $ | 69,480 | ||||||||
Limited partners per unit share of net
(loss) income |
$ | (2.06 | ) | $ | (1.01 | ) | $ | (7.99 | ) | $ | 1.19 | |||||||
The accompanying notes are an ontegral part of these financial statements.
5
IEA INCOME FUND IX, L.P.
Statements of Cash Flows
(Unaudited)
Nine Months Ended | |||||||||
September 30, | September 30, | ||||||||
2002 | 2001 | ||||||||
Net cash provided by operating activities |
$ | 286,662 | $ | 582,659 | |||||
Cash flows provided by investing activities: |
|||||||||
Proceeds from sale of container rental equipment |
478,378 | 368,658 | |||||||
Cash flows used in financing activities: |
|||||||||
Distribution to partners |
(819,647 | ) | (1,219,478 | ) | |||||
Net decrease in cash and cash equivalents |
(54,607 | ) | (268,161 | ) | |||||
Cash and cash equivalents at January 1 |
492,681 | 741,214 | |||||||
Cash and cash equivalents at September 30 |
$ | 438,074 | $ | 473,053 | |||||
The accompanying notes are an ontegral part of these financial statements.
6
IEA INCOME FUND IX, L.P.
Notes to Unaudited Financial Statements
(1) | Summary of Significant Accounting Policies |
(a) | Nature of Operations | ||
IEA Income Fund IX, L.P. (the Partnership) is a limited partnership organized under the laws of the State of California on September 8, 1988 for the purpose of owning and leasing marine cargo containers worldwide to ocean carriers. To this extent, the Partnerships operations are subject to the fluctuations of world economic and political conditions. Such factors may affect the pattern and levels of world trade. The Partnership believes that the profitability of, and risks associated with, leases to foreign customers is generally the same as those of leases to domestic customers. The Partnerships leases generally require all payments to be made in United States currency. | |||
Cronos Capital Corp. (CCC) is the general partner and, with its affiliate Cronos Containers Limited (the Leasing Company), manages the business of the Partnership. CCC and the Leasing Company also manage the container leasing business for other partnerships affiliated with CCC. The Partnership shall continue until December 31, 2009, unless sooner terminated upon the occurrence of certain events. | |||
The Partnership commenced operations on December 5, 1988, when the minimum subscription proceeds of $1,000,000 were obtained. The Partnership offered 40,000 units of limited partnership interest at $500 per unit, or $20,000,000. The offering terminated on September 11, 1989, at which time 33,992 limited partnership units had been sold. | |||
(b) | Leasing Company and Leasing Agent Agreement | ||
Pursuant to the Limited Partnership Agreement of the Partnership, all authority to administer the business of the Partnership is vested in CCC. A Leasing Agent Agreement exists between CCC and the Leasing Company, whereby the Leasing Company has the responsibility to manage the leasing operations of all equipment owned by the Partnership. Pursuant to the Agreement, the Leasing Company is responsible for leasing, managing and re-leasing the Partnerships containers to ocean carriers, and has full discretion over which ocean carriers and suppliers of goods and services it may deal with. The Leasing Agent Agreement permits the Leasing Company to use the containers owned by the Partnership, together with other containers owned or managed by the Leasing Company and its affiliates, as part of a single fleet operated without regard to ownership. Since the Leasing Agent Agreement meets the definition of an operating lease in Statement of Financial Accounting Standards (SFAS) No. 13, it is accounted for as a lease under which the Partnership is lessor and the Leasing Company is lessee. | |||
The Leasing Agent Agreement generally provides that the Leasing Company will make payments to the Partnership based upon rentals collected from ocean carriers after deducting direct operating expenses and management fees to CCC. The Leasing Company leases containers to ocean carriers, generally under operating leases which are either master leases or term leases (mostly one to five years). Master leases do not specify the exact number of containers to be leased or the term that each container will remain on hire but allow the ocean carrier to pick up and drop off containers at various locations, and rentals are based upon the number of containers used and the applicable per-diem rate. Accordingly, rentals under master leases are all variable and contingent upon the number of containers used. Most containers are leased to ocean carriers under master leases; leasing agreements with fixed payment terms are not material to the financial statements. Since there are no material minimum lease rentals, no disclosure of minimum lease rentals is provided in these financial statements. |
7
IEA INCOME FUND IX, L.P.
Notes to Unaudited Financial Statements
(c) | Basis of Accounting | ||
The Partnership utilizes the accrual method of accounting. Net lease revenue is recorded by the Partnership in each period based upon its leasing agent agreement with the Leasing Company. Net lease revenue is generally dependent upon operating lease rentals from operating lease agreements between the Leasing Company and its various lessees, less direct operating expenses and management fees due in respect of the containers specified in each operating lease agreement. | |||
(d) | Container Rental Equipment | ||
SFAS No. 144, Accounting for the Impairment or Disposal of Long-Lived Assets, was adopted by the Partnership effective January 1, 2002, without a significant impact on its financial statements. In accordance with SFAS No. 144, container rental equipment is considered to be impaired if the carrying value of the asset exceeds the expected future cash flows from related operations (undiscounted and without interest charges). If impairment is deemed to exist, the assets are written down to fair value. An analysis is prepared each quarter projecting future cash flows from container rental equipment operations. Current and projected utilization rates, per-diem rental rates, direct operating expenses, fleet size and container disposals are the primary variables utilized by the analysis. Additionally, the Partnership evaluates future cash flows and potential impairment by container type rather than for each individual container, and as a result, future losses could result for individual container dispositions due to various factors, including age, condition, suitability for continued leasing, as well as the geographical location of containers when disposed. There were no impairment charges to the carrying value of container rental equipment for the three and nine-month periods ended September 30, 2002 and 2001. | |||
Depreciation policies are also evaluated to determine whether subsequent events and circumstances warrant revised estimates of useful lives. Container rental equipment is depreciated using the straight-line basis. Effective September 1, 2001, the estimated depreciable life was changed from a twelve-year life to a fifteen-year life and the estimated salvage value was changed from 30% to 10% of the original equipment cost. The effect of these changes is an increase to depreciation expense of approximately $182,000 and $107,000 for the nine-month periods ended September 30, 2002 and 2001, respectively. The change in depreciation expense was approximately $84,000 for the three-month period ended September 30, 2001. | |||
(e) | Use of Estimates | ||
The financial statements are prepared in conformity with accounting principles generally accepted in the United States of America (GAAP), which requires the Partnership to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reported period. Actual results could differ from those estimates. | |||
The most significant estimates included within the financial statements are the container rental equipment estimated useful lives and residual values, and the estimate of future cash flows from container rental equipment operations, used to determine the adequacy of the carrying value of container rental equipment in accordance with SFAS No. 144. Considerable judgement is required in estimating future cash flows from container rental equipment operations. Accordingly, the estimates may not be indicative of the amounts that may be realized in future periods. As additional information becomes available in subsequent periods, reserves for the impairment of the container rental equipment carrying values may be necessary based upon changes in market and economic conditions. |
8
IEA INCOME FUND IX, L.P.
Notes to Unaudited Financial Statements
(f) | Financial Statement Presentation | ||
These financial statements have been prepared without audit. Certain information and footnote disclosures normally included in financial statements prepared in accordance with accounting principles generally accepted in the United States of America (GAAP)have been omitted. It is suggested that these financial statements be read in conjunction with the financial statements and accompanying notes in the Partnerships latest annual report on Form 10-K. | |||
The interim financial statements presented herewith reflect all adjustments of a normal recurring nature which are, in the opinion of management, necessary to a fair statement of the financial condition and results of operations for the interim periods presented. The results of operations for such interim periods are not necessarily indicative of the results to be expected for the full year. |
(2) | Net Lease (Payables) Receivables Due from Leasing Company | |
Net lease (payables) receivables due from the Leasing Company are determined by deducting direct operating payables and accrued expenses, base management fees payable, and reimbursed administrative expenses payable to CCC and its affiliates from the rental billings earned by the Leasing Company under operating leases to ocean carriers for the containers owned by the Partnership, as well as proceeds earned from container disposals. Net lease (payables) receivables at September 30, 2002 and December 31, 2001 were as follows: |
September 30, | December 31, | |||||||
2002 | 2001 | |||||||
Gross lease receivables |
$ | 165,957 | $ | 281,929 | ||||
Less: |
||||||||
Direct operating payables and accrued expenses |
117,123 | 170,872 | ||||||
Damage protection reserve |
2,488 | 8,276 | ||||||
Base management fees payable |
35,220 | 42,086 | ||||||
Reimbursed administrative expenses |
2,435 | 3,761 | ||||||
Allowance for doubtful accounts |
16,566 | 25,940 | ||||||
Net lease (payables) receivables |
$ | (7,875 | ) | $ | 30,994 | |||
9
IEA INCOME FUND IX, L.P.
Notes to Unaudited Financial Statements
(3) | Net Lease Revenue | |
Net lease revenue is determined by deducting direct operating expenses, base management fees and reimbursed administrative expenses to CCC from the rental revenue earned by the Leasing Company under operating leases to ocean carriers for the containers owned by the Partnership. Net lease revenue for the three and nine-month periods ended September 30, 2002 and 2001 was as follows: |
Three Months Ended | Nine Months Ended | |||||||||||||||
September 30, | September 30, | September 30, | September 30, | |||||||||||||
2002 | 2001 | 2002 | 2001 | |||||||||||||
Rental revenue (note 4) |
$ | 137,084 | $ | 237,187 | $ | 473,271 | $ | 802,933 | ||||||||
Less: |
||||||||||||||||
Rental equipment operating expenses |
29,990 | 51,436 | 119,738 | 131,147 | ||||||||||||
Base management fees |
7,591 | 16,528 | 31,126 | 56,062 | ||||||||||||
Reimbursed administrative expenses |
8,847 | 12,653 | 29,136 | 39,838 | ||||||||||||
Net lease revenue |
$ | 90,656 | $ | 156,570 | $ | 293,271 | $ | 575,886 | ||||||||
(4) | Operating Segment | |
An operating segment is a component of an enterprise that engages in business activities from which it may earn revenues and incur expenses, whose operating results are regularly reviewed by the enterprises chief operating decision maker to make decisions about resources to be allocated to the segment and assess its performance, and about which separate financial information is available. Management operates the Partnerships container fleet as a homogenous unit and has determined that as such it has a single reportable operating segment. | ||
The Partnership derives its revenues from leasing marine dry cargo containers. As of September 30, 2002, the Partnership operated 841 twenty-foot, 341 forty-foot and 555 forty-foot high-cube marine dry cargo containers. | ||
Due to the Partnerships lack of information regarding the physical location of its fleet of containers when on lease in the global shipping trade, it is impracticable to provide geographic area information. |
10
IEA INCOME FUND IX, L.P.
Notes to Unaudited Financial Statements
(5) | New Accounting Pronouncements | |
In August 2001, the Financial Accounting Standards Board issued SFAS No. 143, Accounting for Asset Retirement Obligations, which is effective for all fiscal years beginning after September 15, 2002. This standard requires a company to record the fair value of a liability for an asset retirement obligation in the period in which it is incurred, and a corresponding increase in the carrying value of the related long-lived asset. The Partnership is currently evaluating the impact that SFAS No. 143 will have on its financial statements. | ||
In September 2002, the Financial Accounting Standards Board issued SFAS 146, Accounting for Costs Associated with Exit or Disposal Activities, which addresses accounting for restructuring and similar costs. SFAS 146 supersedes previous accounting guidance, principally Emerging Issues Task Force Issue No. 94-3. SFAS 146 requires that the liability for costs associated with an exit or disposal activity be recognized when the liability is incurred. Under Issue 94-3, a liability for an exit cost was recognized at the date of the Partnerships commitment to an exit plan. SFAS 146 also establishes that the liability should initially be measured and recorded at fair value. Accordingly, SFAS 146 may affect the timing of recognizing future restructuring costs as well as the amounts recognized. The Registrant believes that SFAS 146 will not have a significant impact on its financial position or results of operations. |
******
11
Item 2. Managements Discussion and Analysis of Financial Condition and Results of Operations
It is suggested that the following discussion be read in conjunction with the Registrants most recent annual report on Form 10-K.
General
Pursuant to the Limited Partnership Agreement of the Registrant, all authority to administer the business of the Registrant is vested in CCC. A Leasing Agent Agreement exists between CCC and the Leasing Company, whereby the Leasing Company has the responsibility to manage the leasing operations of all equipment owned by the Registrant. Pursuant to the Agreement, the Leasing Company is responsible for leasing, managing and re-leasing the Registrants containers to ocean carriers, and has full discretion over which ocean carriers and suppliers of goods and services it may deal with. The Leasing Agent Agreement permits the Leasing Company to use the containers owned by the Registrant, together with other containers owned or managed by the Leasing Company and its affiliates, as part of a single fleet operated without regard to ownership. At September 30, 2002, 36% of the original equipment remained in the Registrants fleet, as compared to 48% at December 31, 2001. The following chart summarizes the composition of the Registrants fleet (based on container type) at September 30, 2002.
40-Foot | ||||||||||||||
20-Foot | 40-Foot | High-Cube | ||||||||||||
Containers on lease: |
||||||||||||||
Term leases |
481 | 189 | 139 | |||||||||||
Master leases |
260 | 61 | 278 | |||||||||||
Subtotal |
741 | 250 | 417 | |||||||||||
Containers off lease |
100 | 91 | 138 | |||||||||||
Total container fleet |
841 | 341 | 555 | |||||||||||
40-Foot | |||||||||||||||||||||||||
20-Foot | 40-Foot | High-Cube | |||||||||||||||||||||||
Units | % | Units | % | Units | % | ||||||||||||||||||||
Total purchases |
2,327 | 100 | % | 799 | 100 | % | 1,653 | 100 | % | ||||||||||||||||
Less disposals |
1,486 | 64 | % | 458 | 57 | % | 1,098 | 66 | % | ||||||||||||||||
Remaining fleet at September 30, 2002 |
841 | 36 | % | 341 | 43 | % | 555 | 34 | % | ||||||||||||||||
Over the past two years, the slowdown and uneven recovery in the global economy has led to reduced levels of capital available for new container investment and a corresponding increase in demand for existing dry cargo containers. During 2002, the surge in demand for existing containers has contributed to reducing off-hire inventories primarily in Asia, and to a lesser extent Europe and North America. Many Asian locations are now experiencing container shortfalls as limited, new container production is unable to meet current market demands. To exploit this demand, the Leasing Company has repositioned off-hire equipment to locations of greatest demand and pursued leasing opportunities through its global network of marketing services. As a result, average utilization of the Registrants dry cargo fleet increased from 71% during the month of December 2001 to 80% during the month of September 2002. However, lease per-diem rates, which are influenced by new container prices and borrowing rates, continued to remain depressed. An improvement in lease per-diem rates is not expected until new container prices increase to much higher levels. The demand for cargo containers has continued into the fourth quarter of 2002 and is expected to continue into early 2003. However, wide-ranging concerns remain about waning consumer confidence within the worlds economies, a rise in oil prices, weak global stock markets, and the uncertain impact of a possible war in Iraq, as well as an increase in new container production, which may temper the current demand for leased containers.
(Continued)
12
Despite recent improvements in container leasing market conditions, the effect of the sporadic global economic recovery on the container leasing industrys customers, the shipping lines, coupled with their acquisition of new, larger containerships, has created a condition of excess shipping capacity. The uncertainty over the financial strength of the shipping industry appears to favor the larger more established shipping lines. The Registrant, CCC and the Leasing Company continue to remain cautious, as some shipping lines have reported operating losses during 2002. The financial impact of such losses on the shipping lines may eventually influence the demand for leased containers as some shipping lines may experience additional financial difficulties, consolidate or become insolvent. Although the ultimate outcome, as well as its impact on the container leasing industry and the Registrants results of operations, is unknown, CCC, on behalf of the Registrant, will work closely with the Leasing Company to monitor outstanding receivables, collections, and credit exposure to various existing and new customers.
On October 8, 2002, the Pacific Maritime Associations 10-day lock-out of the International Longshore and Warehouse Union ended. During this 10-day period, the flow of world trade, particularly in Pacific trade routes was disrupted, creating some interesting short-term benefits to the container leasing industry as shipping lines were unable to off-hire containers during the 10-day lock out, and ships were delayed at congested ports, exacerbating the shortage of container inventories throughout Asia. While these conditions served to create further short-term demand for existing cargo containers, the long-term impact of this lock-out will not be known until the labor issues associated with the lock-out are ultimately resolved, shipping lines assess their losses, and containers and ships are redeployed into areas of demand.
The Registrants average fleet size and utilization rates for the three and nine-month periods ended September 30, 2002 and 2001 were as follows:
Three Months Ended | Nine Months Ended | |||||||||||||||
September 30, | September 30, | September 30, | September 30, | |||||||||||||
2002 | 2001 | 2002 | 2001 | |||||||||||||
Average fleet size (measured in
twenty-foot equivalent units (TEU)) |
2,748 | 3,828 | 3,069 | 4,004 | ||||||||||||
Average Utilization |
79 | % | 73 | % | 76 | % | 76 | % |
Although utilization levels increased from December 31, 2001 levels, many older containers, including those of the Registrant, were leased under term leases that command lower per-diem rates. These term leases, combined with the markets impact on short-term, master lease per-diem rates, contributed to an overall decline in the Registrants per-diem rates. For the three and nine-month period ended September 30, 2002, the Registrants per-diem rates declined by approximately 22% and 21%, when compared to the same three and nine-month periods in the prior year.
The primary component of the Registrants results of operations is net lease revenue. Net lease revenue is determined by deducting direct operating expenses, management fees and reimbursed administrative expenses, from rental revenues billed by the Leasing Company from the leasing of the Registrants containers. Net lease revenue is directly related to the size, utilization and per-diem rental rates of the Registrants fleet.
(Continued)
13
Three Months Ended September 30, 2002 Compared to the Three Months Ended September 30, 2001
Loss from operations for the three months ended September 30, 2002 was $71,814, as compared to $30,980 during the corresponding period of 2001. The decrease was primarily due to a decline in net lease revenue, and an increase in the net loss on disposal of equipment, offset by a $47,337 decrease in depreciation expense.
Net lease revenue of $90,656 for the three months ended September 30, 2002 was $65,914 lower than in the corresponding period of 2001. The decrease was primarily due to a $100,103 decline in gross rental revenue (a component of net lease revenue) from the same period in 2001. Gross rental revenue was primarily impacted by the Registrants smaller fleet size and lower per-diem rental rates. Other components of net lease revenue, including reimbursed administrative expenses and management fees, were lower by a combined $34,189 when compared to the corresponding period in 2001, partially offsetting the decline in gross lease revenue.
Depreciation expense of $114,848 for the three-month period ended September 30, 2002 was $47,337 lower than the same period in 2001, a result of the Registrants declining fleet size.
Other general and administrative expenses were $14,114 for the three-month period ended September 30, 2002, a decrease of $1,318 or 9% when compared to the corresponding period in 2001. Contributing to this decline were legal costs and costs related to investor communications.
Net loss on disposal of equipment was a result of the Registrant disposing of 149 containers during the three-month period ended September 30, 2002, as compared to 83 containers during the same period in 2001. These disposals resulted in a loss of $33,508 for the three-month period ended September 30, 2002, as compared to a loss of $9,933 for the three-month period ended September 30, 2001. The Registrant believes that the net loss on container disposals in the three-month period ended September 30, 2002 was a result of various factors including the age, condition, suitability for continued leasing, as well as the geographical location of the containers when disposed. These factors will continue to influence the decision to repair or dispose of a container when it is returned by a lessee, as well as the amount of sales proceeds received and the related gain or loss on container disposals. The level of the Registrants container disposals in subsequent periods will also contribute to fluctuations in the net gain or loss on disposals. There were no reductions to the carrying value of container rental equipment during the three-month periods ended September 30, 2002 and 2001.
Nine Months Ended September 30, 2002 Compared to the Nine Months Ended September 30, 2001
Loss from operations for the nine months ended September 30, 2002 was $278,709, as compared to income of $52,272 during the corresponding period of 2001. The decrease was primarily due to a decline in net lease revenue, and an increase in net loss on disposal of equipment, partially offset by a $14,692 decrease in depreciation expense.
Net lease revenue of $293,271 for the nine months ended September 30, 2002 was $282,615 lower than in the corresponding period of 2001. The decrease was primarily due to a $329,662 decline in gross rental revenue (a component of net lease revenue) from the same period in 2001. Gross rental revenue was impacted by the Registrants smaller fleet size and lower per-diem rental rates for the nine-month period ended September 30, 2002. Other components of net lease revenue, including reimbursed administrative expenses and management fees, were lower by a combined $47,047 when compared to the corresponding period in 2001, partially offsetting the decline in gross lease revenue.
Depreciation expense of $385,813 for the nine-month period ended September 30, 2002 was $14,692 lower than the same period in 2001. Effective September 1, 2001, the Registrant changed the estimated life of its rental container equipment from an estimated 12-year life to a 15-year life, and its estimated salvage value from 30% to 10% of original equipment cost. The effect of these changes was an increase in depreciation expense of approximately $182,000 for the nine months ended September 30, 2002.
Other general and administrative expenses were $42,522 for the nine-month period ended September 30, 2002, a decrease of $11,803 or 22% when compared to the corresponding period in 2001. Contributing to this decline were legal costs and costs related to investor communications.
(Continued)
14
Net loss on disposal of equipment was a result of the Registrant disposing of 561 containers during the nine-month period ended September 30, 2002, as compared to 370 containers during the same period in 2001. These disposals resulted in a loss of $143,645 for the nine-month period ended September 30, 2002, as compared to a loss of $68,784 for the nine-month period ended September 30, 2001. There were no reductions to the carrying value of container rental equipment during the nine-month periods ended September 30, 2002 and 2001.
Liquidity and Capital Resources
Cash from Operating Activities: Net cash provided by operating activities was $286,662 and $582,659 during the first nine months of 2002 and 2001, respectively, primarily generated from the billing and collections of net lease revenue.
Cash from Investing Activities: Net cash provided by investing activities during the nine-month periods ending September 30 2002 and 2001, included sales proceeds generated from the sale of rental equipment of $478,378 and $368,658 respectively.
Cash from Financing Activities: Net cash used in financing activities was $819,647 during the first nine months of 2002 compared to $1,219,478 in the corresponding period of 2001. These amounts represent distributions to the Registrants general and limited partners. The Registrants continuing container disposals, as well as current market conditions, should produce lower operating results and, consequently, lower distributions to its partners in subsequent periods. Sales proceeds distributed to its partners may fluctuate in subsequent periods, reflecting the level of container disposals.
Capital Resources
Aside from the initial working capital reserve retained from the gross subscription proceeds (equal to approximately 1% of such proceeds), the Registrant relied primarily on container rental receipts and proceeds from container sales to generate distributions to its general and limited partners, as well as to finance current operating needs. No credit lines are maintained to finance working capital.
New Accounting Pronouncements
In August 2001, the Financial Accounting Standards Board issued SFAS No. 143, Accounting for Asset Retirement Obligations, which is effective for all fiscal years beginning after September 15, 2002. This standard requires a company to record the fair value of a liability for an asset retirement obligation in the period in which it is incurred, and a corresponding increase in the carrying value of the related long-lived asset. The Registrant is currently evaluating the impact that SFAS No. 143 will have on its financial statements.
In September 2002, the Financial Accounting Standards Board issued SFAS 146, Accounting for Costs Associated with Exit or Disposal Activities, which addresses accounting for restructuring and similar costs. SFAS 146 supersedes previous accounting guidance, principally Emerging Issues Task Force Issue No. 94-3. SFAS 146 requires that the liability for costs associated with an exit or disposal activity be recognized when the liability is incurred. Under Issue 94-3, a liability for an exit cost was recognized at the date of the Registrants commitment to an exit plan. SFAS 146 also establishes that the liability should initially be measured and recorded at fair value. Accordingly, SFAS 146 may affect the timing of recognizing future restructuring costs as well as the amounts recognized. The Registrant believes that SFAS 146 will not have a significant impact on its financial position or results of operations.
Inflation
The Registrant believes inflation has not had a material adverse effect on the results of its operations.
(Continued)
15
Item 3. Quantitative and Qualitative Disclosures About Market Risk
Exchange rate risk: Substantially all of the Registrants revenues are billed and paid in US dollars and a significant portion of costs are billed and paid in US dollars. Of the remaining costs, the majority are individually small, unpredictable and incurred in various denominations and thus are not suitable for cost effective hedging.
The Leasing Company may hedge a portion of the expenses that are predictable and are principally in UK pounds sterling. As exchange rates are outside of the control of the Registrant and Leasing Company, there can be no assurance that such fluctuations will not adversely affect its results of operations and financial condition.
Item 4. Controls and Procedures
The principal executive and principal financial officers of CCC have evaluated the disclosure controls and procedures of the Registrant within 90 days prior to the filing of this quarterly report. As used herein, the term disclosure controls and procedures has the meaning given to the term by Rule 13a-14 under the Securities Exchange Act of 1934, as amended (Exchange Act), and includes the controls and other procedures of the Registrant that are designed to ensure that information required to be disclosed by the Registrant in the reports that it files with the SEC under the Exchange Act is recorded, processed, summarized and reported within the time periods specified in the SECs rules and forms. Based upon their evaluation, the principal executive and principal financial officers of CCC have concluded that the Registrants disclosure controls and procedures provide reasonable assurance that the information required to be disclosed by the Registrant in this report is recorded, processed, summarized and reported within the time periods specified in the SECs rules and forms applicable to the preparation of this report.
There have been no significant changes in the Registrants internal controls or in other factors that could significantly affect the Registrants internal controls subsequent to the evaluation described above conducted by CCCs principal executive and financial officers.
16
PART II OTHER INFORMATION
Item 6. Exhibits and Reports on Form 8-K
(a) | Exhibits |
Exhibit | ||||
No.. | Description | Method of Filing | ||
3(a) | Limited Partnership Agreement of the Registrant, amended and restated as of September 12, 1988 | * | ||
3(b) | Certificate of Limited Partnership of the Registrant | ** | ||
99.1 | Certification pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. | Filed with this document *** |
||
99.2 | Certification pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. | Filed with this document *** |
(b) | Reports on Form 8-K | |
No reports on Form 8-K were filed by the Registrant during the quarter ended September 30, 2002. |
* | Incorporated by reference to Exhibit A to the Prospectus of the Registrant dated September 12, 1988, included as part of Registration Statement on Form S-1 (No. 33-23321) | |
** | Incorporated by reference to Exhibit 3.4 to the Registration Statement on Form S-1 (No. 33-23321) | |
*** | These two certifications, required by Section 906 of the Sarbanes-Oxley Act of 2002, other than as required by Section 906, are not deemed to be filed with the Commission or subject to the rules and regulations promulgated by the Commission under the Securities Exchange Act of 1934, as amended, or to the liabilities of Section 18 of said Act. |
17
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.
IEA INCOME FUND IX, L.P. | ||||
By | Cronos Capital Corp. The General Partner |
|||
By | /s/ Dennis J. Tietz
Dennis J. Tietz President and Director of Cronos Capital Corp. (CCC) Principal Executive Officer of CCC |
|||
By | /s/ John Kallas
John Kallas Chief Financial Officer and Director of Cronos Capital Corp. (CCC) Principal Financial and Accounting Officer of CCC |
Date: November 14, 2002
18
IEA Income Fund IX, L.P.
CERTIFICATIONS
(Exchange Act Rule 13a-14)
I, Dennis J. Tietz, certify that:
1. I have reviewed this quarterly report on Form 10-Q of IEA Income Fund IX, L.P. (the Registrant);
2. Based on my knowledge, this quarterly report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this quarterly report;
3. Based on my knowledge, the financial statements, and other financial information included in this quarterly report, fairly present in all material respects the financial condition, results of operations and cash flows of the Registrant as of, and for, the periods presented in this quarterly report;
4. The other certifying officer of Cronos Capital Corp. (CCC), the General Partner of the Registrant, and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the Registrant and we have:
(a) designed such disclosure controls and procedures to ensure that material information relating to the Registrant is made known to us by others within CCC, particularly during the period in which this quarterly report is being prepared;
(b) evaluated the effectiveness of the Registrants disclosure controls and procedures as of a date within 90 days prior to the filing date of this quarterly report (the Evaluation Date); and
(c) presented in this quarterly report our conclusions about the effectiveness of the disclosure controls and procedures based on our evaluation as of the Evaluation Date;
5. CCCs other certifying officer and I have disclosed, based on our most recent evaluation, to the Registrants auditors and the Board of Directors of CCC:
(a) all significant deficiencies in the design or operation of internal controls which could adversely affect the Registrants ability to record, process, summarize and report financial data and have identified for the Registrants auditors any material weaknesses in internal controls; and
(b) any fraud, whether or not material, that involves management or other employees who have a significant role in the Registrants internal controls; and
6. CCCs other certifying officer of CCC and I have indicated in this quarterly report whether or not there were significant changes in internal controls or in other factors that could significantly affect internal controls subsequent to the date of our most recent evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses.
Date: November 14, 2002
/s/ DENNIS J TIETZ
Dennis J Tietz
President of CCC
(Chief Executive Officer)
IEA Income Fund IX, L.P.
CERTIFICATIONS
(Exchange Act Rule 13a-14)
I, John Kallas, certify that:
1. I have reviewed this quarterly report on Form 10-Q of IEA Income Fund IX, L.P. (the Registrant);
2. Based on my knowledge, this quarterly report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this quarterly report;
3. Based on my knowledge, the financial statements, and other financial information included in this quarterly report, fairly present in all material respects the financial condition, results of operations and cash flows of the Registrant as of, and for, the periods presented in this quarterly report;
4. The other certifying officer of Cronos Capital Corp. (CCC), the General Partner of the Registrant, and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the Registrant and we have:
(a) designed such disclosure controls and procedures to ensure that material information relating to the Registrant is made known to us by others within CCC, particularly during the period in which this quarterly report is being prepared;
(b) evaluated the effectiveness of the Registrants disclosure controls and procedures as of a date within 90 days prior to the filing date of this quarterly report (the Evaluation Date); and
(c) presented in this quarterly report our conclusions about the effectiveness of the disclosure controls and procedures based on our evaluation as of the Evaluation Date;
5. CCCs other certifying officer and I have disclosed, based on our most recent evaluation, to the Registrants auditors and the Board of Directors of CCC:
(a) all significant deficiencies in the design or operation of internal controls which could adversely affect the Registrants ability to record, process, summarize and report financial data and have identified for the Registrants auditors any material weaknesses in internal controls; and
(b) any fraud, whether or not material, that involves management or other employees who have a significant role in the Registrants internal controls; and
6. CCCs other certifying officer of CCC and I have indicated in this quarterly report whether or not there were significant changes in internal controls or in other factors that could significantly affect internal controls subsequent to the date of our most recent evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses.
Date: November 14, 2002
/s/ JOHN KALLAS
John Kallas
Vice President and
Chief Financial Officer of CCC
EXHIBIT INDEX
Exhibit | ||||
No. | Description | Method of Filing | ||
3(a) | Limited Partnership Agreement of the Registrant, amended and restated as of September 12, 1988 | * | ||
3(b) | Certificate of Limited Partnership of the Registrant | ** | ||
99.1 | Certification pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. | Filed with this document *** |
||
99.2 | Certification pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. | Filed with this document *** |
* | Incorporated by reference to Exhibit A to the Prospectus of the Registrant dated September 12, 1988, included as part of Registration Statement on Form S-1 (No. 33-23321) | |
** | Incorporated by reference to Exhibit 3.4 to the Registration Statement on Form S-1 (No. 33-23321) | |
*** | These two certifications, required by Section 906 of the Sarbanes-Oxley Act of 2002, other than as required by Section 906, are not deemed to be filed with the Commission or subject to the rules and regulations promulgated by the Commission under the Securities Exchange Act of 1934, as amended, or to the liabilities of Section 18 of said Act. |