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美國
 
證券交易委員會
 
華盛頓特區20549
 
表格 10-Q 
 
(標記一)
根據1934年證券交易法第13或第15(d)條規定的季度報告
在截至的季度期間 2024年9月28日
or
根據1934年證券交易法第13或15(d)條款的過渡報告
 
委員會文件號。 1-9973
 
the middleby 公司
(依其章程確定的註冊者的確切名稱)
特拉華州36-3352497
(設立或組織的其他管轄區域)(IRS僱主識別號)
 
1400 Toastmaster Drive,愛爾金,伊利諾伊州60120
,(主要行政辦公地址)(郵政編碼)
公司電話號碼,包括區號:524-0400(847)741-3300
 
請勾選以下項目:(1)註冊人已在過去12個月內(或註冊人必須提交此類報告的更短期限內)提交了1934年證券交易協定第13或15(d)節規定的所有報告: 此類報告要求,並且(2)在過去90天內一直受到此類報告要求的要求。
Yes xo   
 
請在複選標誌處註明公司是否已在前12個月內(或對於公司在該期內需要提交此類文件的期限縮短的情況,該期限內)通過提交所有根據規則405條的S-T法規必須提交的交互式數據文件。
Yes x  否 o
 
請用複選標記指示報告人是大型加速處理人、加速處理人、非加速處理人、較小的報告公司還是新興增長公司。請參閱《交易所行爲》規則120億2中"加速處理人"、"大型加速處理人"、"較小的報告公司"和"新興增長公司"的定義。
大型加速報告人加速文件提交人非加速文件提交人
較小的報告公司新興成長公司
 
如果是新興成長型企業,請勾選複選標記,表明註冊者已選擇不使用延長過渡期來符合根據證券交易法第13(a)條規定提供的任何新財務會計準則。 o

請在複選框中選中,以指示註冊人是否爲空殼公司(根據交易所法規12b-2定義)。 是
在法案第12(b)條的規定下注冊的證券:
每種類別的證券交易標誌名稱爲每個註冊的交易所:
普通股MIDD納斯達克全球精選市場
截至2024年11月4日, 53,793,158 的註冊人普通股爲未解決的。



the middleby 公司
 
2024年9月28日結束的季度
  
指數
描述頁碼
第I部分 財務信息 
  
項目1。 
   
 2024年9月28日和2023年12月30日的壓縮綜合資產負債表
  
 2024年9月28日和2023年9月30日結束的三個月和九個月的壓縮綜合收益表
  
2024年9月28日和2023年9月30日結束的三個月和九個月的壓縮綜合股東權益變動表
 2024年9月28日至2023年9月30日的精簡合併現金流量表
 
  
事項二
  
第3項。
  
事項4。
  
第二部分.其他信息
  
事項二
  
項目6。



第一部分 財務信息
項目1. 摘要合併資產負債表

the middleby 公司
簡明合併資產負債表
股票數量
(未經審計)
 
資產2024年9月28日2023年12月30日
流動資產:  
現金及現金等價物$606,004 $247,496 
應收賬款淨額,扣除$壞賬準備24,053 和 $23,464
614,976 644,576 
淨存貨905,865 935,867 
預付費用和其他134,364 112,690 
預繳稅款30,401 25,230 
總流動資產2,291,610 1,965,859 
減:累計折舊淨額爲 $5,350 的固定資產和設備377,548 和 $339,528
510,555 510,898 
商譽2,506,810 2,486,310 
其他無形資產,減去$的攤銷625,286 和 $574,079
1,650,962 1,693,076 
長期遞延稅款資產6,915 7,945 
養老金資產54,887 38,535 
其他179,342 204,069 
資產總額$7,201,081 $6,906,692 
負債和股東權益  
流動負債:  
長期債務的流動部分$44,058 $44,822 
應付賬款214,699 227,080 
應計費用555,955 579,192 
流動負債合計814,712 851,094 
長期債務2,361,252 2,380,373 
長期遞延稅款負債241,107 216,143 
應計養老金福利11,665 12,128 
其他非流動負債179,404 197,065 
股東權益:  
優先股,$0.00010.01 面值; 無表決權; 2,000,000 已發行股數
  
普通股,每股面值爲 $0.0001;0.01每股面值; 64,227,98763,942,340 分別於2024年和2023年發行的股份
148 148 
實收資本509,355 479,216 
即期收購庫藏股;截至2022年9月25日,共計157,773股,截至2022年6月26日,共計157,087股。10,456,94810,338,922 分別於2024年和2023年出售的股票數量
(924,289)(906,031)
保留盈餘4,215,883 3,899,754 
累計其他綜合損失(208,156)(223,198)
股東權益合計3,592,941 3,249,889 
負債和股東權益合計$7,201,081 $6,906,692 
 

請查看附註
1



the middleby 公司
綜合收益簡明合併報表
(以千爲單位,每股數據除外)
(未經審計)
 
 
 三個月截止九個月結束
 2024年9月28日5,176 2024年9月28日5,176 
淨銷售額$942,809 $980,651 $2,861,281 $3,028,029 
銷售成本587,375 605,329 1,779,847 1,880,736 
毛利潤355,434 375,322 1,081,434 1,147,293 
銷售,總務及管理費用179,476 196,433 584,108 615,361 
重組費用2,519 4,448 11,046 11,698 
營業利潤173,439 174,441 486,280 520,234 
利息費用和延期融資攤銷淨額21,399 31,080 72,239 92,071 
週期性淨養老金福利(除服務成本之外)(3,876)(2,103)(11,244)(6,929)
% and 1,239 1,072 995 2,642 
所得稅前利潤154,677 144,392 424,290 432,450 
所得稅費用40,511 35,742 108,161 107,861 
淨收益$114,166 $108,650 $316,129 $324,589 
每股淨收益:  
基本$2.12 $2.03 $5.88 $6.06 
攤薄$2.11 $2.01 $5.84 $5.99 
加權平均股份數量  
基本53,770 53,588 53,730 53,569 
稀釋性普通股等同物267 569 438 623 
攤薄54,037 54,157 54,168 54,192 
綜合收益$162,648 $76,504 $331,171 $317,203 
 

















請查看附註
2


the middleby 公司
壓縮的股東權益變動表
(金額以千爲單位)
(未經審計)
普通股
股票
實收資本
資本
國庫
股票
留存收益
收益
累積的
其他
綜合
收益/(虧損)
總計
股東權益
股權
2024年6月29日結存$148 $500,686 $(924,002)$4,101,717 $(256,638)$3,421,911 
淨收益   114,166  114,166 
貨幣轉換差異    67,366 67,366 
未認可養老金利益成本變動,稅後淨額爲$464
    (5,711)(5,711)
利率互換未實現損失,稅後淨額爲$(4,120)
    (13,173)(13,173)
保修準備金 8,669    8,669 
購買庫存股  (287)  (287)
2024年9月28日餘額$148 $509,355 $(924,289)$4,215,883 $(208,156)$3,592,941 
2023年12月30日的資產負債表$148 $479,216 $(906,031)$3,899,754 $(223,198)$3,249,889 
淨收益   316,129  316,129 
貨幣轉換差異    31,352 31,352 
未確認的養老金福利成本變動,稅後$800
    (4,136)(4,136)
利率互換的未實現損失,稅後$(4,976)
    (12,174)(12,174)
保修準備金 30,139    30,139 
購買庫存股  (18,258)  (18,258)
2024年9月28日餘額$148 $509,355 $(924,289)$4,215,883 $(208,156)$3,592,941 
普通股
股票
實收資本
資本
國庫
股票
留存收益
收益
累積的
其他
綜合
收入/(損失)
總計
股東權益
股權
2023年7月1日餘額$148 $444,290 $(906,011)$3,714,811 $(253,712)$2,999,526 
淨收益   108,650  108,650 
貨幣轉換差異    (36,602)(36,602)
未識別的養老金福利成本變動,稅後貨幣額爲$367
    4,436 4,436 
利率互換未實現收益,稅後貨幣額爲$7
    20 20 
保修準備金 13,175    13,175 
股票發行 6,010    6,010 
2023年9月30日餘額$148 $463,475 $(906,011)$3,823,461 $(285,858)$3,095,215 
2022年12月31日的餘額$147 $408,376 $(831,176)$3,498,872 $(278,472)$2,797,747 
淨收益   324,589  324,589 
貨幣轉換差異    (4,751)(4,751)
未認可的養老金福利費用變化,稅後$461
    (544)(544)
利率互換未實現損失,稅後$(731)
    (2,091)(2,091)
保修準備金 35,305    35,305 
股票發行1 19,794    19,795 
購買庫存股  (74,835)  (74,835)
2023年9月30日餘額$148 $463,475 $(906,011)$3,823,461 $(285,858)$3,095,215 

See accompanying notes
3


THE MIDDLEBY CORPORATION
CONDENSED CONSOLIDATED STATEMENTS OF CASH FLOWS
(In Thousands)
(Unaudited)
 Nine Months Ended
 Sep 28, 2024Sep 30, 2023
Cash flows from operating activities--  
Net earnings$316,129 $324,589 
Adjustments to reconcile net earnings to net cash provided by operating activities--  
Depreciation and amortization94,836 99,058 
Non-cash share-based compensation30,139 35,305 
Deferred income taxes27,659 (6,553)
Net periodic pension benefit (other than service costs)(11,244)(6,929)
Other non-cash items661 (684)
Changes in assets and liabilities, net of acquisitions  
Accounts receivable, net31,354 (430)
Inventories, net33,045 66,973 
Prepaid expenses and other assets(20,073)(2,481)
Accounts payable(13,706)(49,188)
Accrued expenses and other liabilities(41,718)(86,557)
Net cash provided by operating activities447,082 373,103 
Cash flows from investing activities--  
Net additions to property, plant and equipment(36,169)(69,645)
Purchase of intangible assets(80)(1,805)
Acquisitions, net of cash acquired(7,750)(67,774)
Net cash used in investing activities(43,999)(139,224)
Cash flows from financing activities--  
Proceeds under Credit Facility 565,200 
Repayments under Credit Facility(21,875)(711,692)
Net repayments under foreign bank loan(1,611)(495)
Payments of deferred purchase price(3,878)(4,079)
Repurchase of treasury stock(18,258)(74,544)
Other, net(167)(158)
Net cash used in financing activities(45,789)(225,768)
Effect of exchange rates on cash and cash equivalents1,214 (2,923)
Changes in cash and cash equivalents--  
Net increase (decrease) in cash and cash equivalents358,508 5,188 
Cash and cash equivalents at beginning of year247,496 162,001 
Cash and cash equivalents at end of period$606,004 $167,189 
Non-cash investing and financing activities:
Stock issuance related to acquisition and purchase of intangible assets$ $19,795 
 

See accompanying notes
4


THE MIDDLEBY CORPORATION
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
SEPTEMBER 28, 2024
(Unaudited)
1)Summary of Significant Accounting Policies
a)Basis of Presentation
The condensed consolidated financial statements have been prepared by The Middleby Corporation (the "company" or “Middleby”), pursuant to the rules and regulations of the Securities and Exchange Commission ("SEC"). The financial statements are unaudited and certain information and footnote disclosures normally included in financial statements prepared in accordance with accounting principles generally accepted in the United States of America have been condensed or omitted pursuant to such rules and regulations, although the company believes that the disclosures are adequate to make the information not misleading. These financial statements should be read in conjunction with the financial statements and related notes contained in the company's 2023 Form 10-K. The company’s interim results are not necessarily indicative of future full year results for the fiscal year 2024.
In the opinion of management, the financial statements contain all adjustments, which are normal and recurring in nature, necessary to present fairly the financial position of the company as of September 28, 2024 and December 30, 2023, the results of operations for the three and nine months ended September 28, 2024 and September 30, 2023, cash flows for the nine months ended September 28, 2024 and September 30, 2023 and statement of stockholders' equity for the three and nine months ended September 28, 2024 and September 30, 2023.
Use of Estimates

The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America (“GAAP”) requires the company to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent liabilities at the date of the condensed consolidated financial statements and the reported amounts of revenues and expenses. Significant estimates and assumptions are used for, but are not limited to, allowances for doubtful accounts, reserves for excess and obsolete inventories, long-lived and intangible assets, warranty reserves, insurance reserves, income tax reserves, non-cash share-based compensation and post-retirement obligations. Such estimates and assumptions could change in the future as more information becomes known, which could impact the amounts reported and disclosed in the notes herein.
b)Non-Cash Share-Based Compensation
The company estimates the fair value of market-based stock awards and stock options at the time of grant and recognizes compensation cost over the vesting period of the awards and options. Non-cash share-based compensation expense was $8.7 million and $13.2 million for the three months period ended September 28, 2024 and September 30, 2023, respectively. Non-cash share-based compensation expense was $30.1 million and $35.3 million for the nine months period ended September 28, 2024 and September 30, 2023, respectively.
c)Income Taxes
A tax provision of $40.5 million, at an effective rate of 26.2%, was recorded during the three months period ended September 28, 2024, as compared to a $35.7 million tax provision at an effective rate of 24.8% in the prior year period. A tax provision of $108.2 million, at an effective rate of 25.5%, was recorded during the nine months period ended September 28, 2024 as compared to a $107.9 million tax provision at an effective rate of 24.9% in the prior year period. The effective tax rate for the three months period ended September 28, 2024 is higher than the U.S. statutory tax rate of 21.0% primarily due to state taxes and foreign tax rate differentials.

5


d)Fair Value Measures 
Accounting Standards Codification ("ASC") 820 "Fair Value Measurements and Disclosures" defines fair value as the price that would be received for an asset or paid to transfer a liability (an exit price) in the principal most advantageous market for the asset or liability in an orderly transaction between market participants on the measurement date. ASC 820 establishes a fair value hierarchy, which prioritizes the inputs used in measuring fair value into the following levels:
Level 1 – Quoted prices in active markets for identical assets or liabilities.
Level 2 – Inputs, other than quoted prices in active markets, that are observable either directly or indirectly.
Level 3 – Unobservable inputs based the company's own assumptions.

The fair value hierarchy also requires an entity to maximize the use of observable inputs and minimize the use of unobservable inputs when measuring fair value.
The company’s financial assets and liabilities that are measured at fair value and are categorized using the fair value hierarchy are as follows (in thousands):
Fair Value
Level 1
Fair Value
Level 2
Fair Value
Level 3
Total
As of September 28, 2024
Financial Assets:
 Interest rate swaps$ $25,629 $ $25,629 
   Foreign exchange derivative contracts$ $55 $ $55 
Financial Liabilities:
    Contingent consideration$ $ $44,311 $44,311 
As of December 30, 2023
Financial Assets:
    Interest rate swaps$ $42,779 $ $42,779 
 Foreign exchange derivative contracts$ $29 $ $29 
Financial Liabilities:
    Contingent consideration$ $ $51,538 $51,538 
The contingent consideration as of September 28, 2024 and December 30, 2023, relates to the earnout provisions recorded in conjunction with various purchase agreements.
Earn-out liabilities are classified within Level 3 in the fair value hierarchy, as the methodology used to estimate fair value includes significant unobservable inputs reflecting management’s own assumptions. The earnout provisions associated with these acquisitions are based upon performance measurements related to sales and earnings, as defined in the respective purchase agreement. On a quarterly basis, the company assesses the projected results for each of the acquisitions in comparison to the earnout targets and adjusts the liability accordingly. Discount rates for valuing contingent consideration are determined based on the company rates and specific acquisition risk considerations. Changes in fair value associated with the earnout provisions are recognized in Selling, general and administrative expenses within the Condensed Consolidated Statements of Comprehensive Income.
The following table represents changes in the fair value of the contingent consideration liabilities:

September 28, 2024
Beginning balance$51,538 
Payments of contingent consideration(4,141)
Changes in fair value(3,086)
Ending balance$44,311 


6


e)    Consolidated Statements of Cash Flows
Cash paid for interest was $75.6 million and $93.4 million for the nine months ended September 28, 2024 and September 30, 2023, respectively. Cash payments totaling $83.3 million and $119.4 million were made for income taxes for the nine months ended September 28, 2024 and September 30, 2023, respectively.
Other non-cash items in the adjustments to reconcile net earnings to net cash provided by operating activities consists primarily of unrealized foreign exchange on non-functional currency third party debt.
f)    Earnings Per Share
“Basic earnings per share” is calculated based upon the weighted average number of common shares actually outstanding, and “diluted earnings per share” is calculated based upon the weighted average number of common shares outstanding and other dilutive securities.
The company’s potentially dilutive securities consist of shares issuable on vesting of restricted stock grants computed using the treasury method and amounted to 24,000 and 19,000 for the three months ended September 28, 2024 and September 30, 2023, respectively.
The company’s potentially dilutive securities consist of shares issuable on vesting of restricted stock grants computed using the treasury method and amounted to 11,000 and 9,000 for the nine months ended September 28, 2024 and September 30, 2023, respectively.
For the nine months ended September 28, 2024 and September 30, 2023, the average market price of the company's common stock exceeded the exercise price of the Convertible Notes (as defined below) resulting in 427,000 and 614,000 diluted common stock equivalents to be included in the diluted net earnings per share, respectively. There have been no material conversions to date. See Note 12, Financing Arrangements for further details on the Convertible Notes. There were no anti-dilutive restricted stock grants excluded from common stock equivalents in any period presented.
7


2)    Acquisitions and Purchase Accounting
The company accounts for all business combinations using the acquisition method to record a new cost basis for the assets acquired and liabilities assumed. The difference between the purchase price and the fair value of the assets acquired and liabilities assumed has been recorded as goodwill in the financial statements. The company recognizes identifiable intangible assets, primarily trade names and customer relationships, at their fair value using a discounted cash flow model. The significant assumptions used to estimate the value of the intangible assets include revenue growth rates, projected profit margins, discount rates, royalty rates, and customer attrition rates. These significant assumptions are forward-looking and could be affected by future economic and market conditions. The results of operations are reflected in the consolidated financial statements of the company from the dates of acquisition.
2023 Acquisitions
During 2023, the company completed various acquisitions that were not individually material. The final allocation of consideration paid for the 2023 acquisitions is summarized as follows (in thousands):
Preliminary Opening Balance SheetMeasurement
Period
Adjustments
Adjusted Opening Balance Sheet
Cash$3,102 $ $3,102 
Current assets9,964 11 9,975 
Property, plant and equipment21,954 (214)21,740 
Goodwill38,422 3,278 41,700 
Other intangibles34,337 (722)33,615 
Other assets 5 5 
Current liabilities(3,774)(1,147)(4,921)
Long-term deferred tax liability(958)23 (935)
Other non-current liabilities(12,099)(216)(12,315)
Consideration paid at closing$90,948 $1,018 $91,966 
Contingent consideration14,743 216 14,959 
Net assets acquired and liabilities assumed$105,691 $1,234 $106,925 
The net long-term deferred tax liability amounted to $0.9 million. The net deferred tax liability is comprised of $0.3 million related to the difference between the book and tax basis of identifiable intangible assets and $0.6 million related to the difference between the book and tax basis on identifiable tangible asset and liability accounts.
The goodwill and $17.9 million of other intangibles associated with the trade names are subject to the non-amortization provisions of ASC 350. Other intangibles also include $7.2 million allocated to customer relationships, $7.9 million allocated to developed technology, and $0.6 million allocated to backlog, which are being amortized over periods of 7 years, 7 to 12 years, and 9 months, respectively. Goodwill of $18.0 million and other intangibles of $7.8 million are allocated to the Food Processing Equipment Group for segment reporting purposes. Goodwill of $9.9 million and other intangibles of $14.1 million are allocated to the Commercial Foodservice Equipment Group for segment reporting purposes. Goodwill of $13.8 million and other intangibles of $11.7 million are allocated to the Residential Kitchen Equipment Group for segment reporting purposes. Of these assets, goodwill of $40.0 million and intangibles of $32.2 million are expected to be deductible for tax purposes.
Four purchase agreements include earnout provisions providing for a contingent payment due to the sellers for the achievement of certain targets. Four earnouts are payable to the extent certain sales and EBITDA targets are met with measurement dates ending between 2024 and 2026. One earnout is payable upon the achievement of certain product rollout targets specific to the year of measurement. The contractual obligation associated with the contingent earnout provisions recognized on the acquisition date amount to $15.0 million.
8


2024 Acquisitions
During 2024, the company completed various acquisitions that were not individually material. The following estimated fair values of assets acquired and liabilities assumed are based on the information that was available as of the acquisition date for the 2024 acquisitions and are summarized as follows (in thousands):
Preliminary Opening Balance SheetPreliminary Measurement
Period
Adjustments
Adjusted Opening Balance Sheet
Cash$1 $ $1 
Current assets1,676 222 1,898 
Property, plant and equipment383 (84)299 
Goodwill945 (114)831 
Other intangibles568  568 
Other assets 938 938 
Current liabilities(222)(195)(417)
Other non-current liabilities (767)(767)
Net assets acquired and liabilities assumed$3,351 $ $3,351 
The goodwill and $0.3 million of other intangibles associated with the trade name are subject to the non-amortization provisions of ASC 350. Other intangibles also include $0.3 million allocated to customer relationships, which is being amortized over a period of 5 years. Goodwill of $0.8 million and other intangibles of $0.6 million are allocated to the Food Processing Equipment Group for segment reporting purposes. Of these assets, goodwill of $0.3 million and intangibles of $0.6 million are expected to be deductible for tax purposes.
The company believes that information gathered to date provides a reasonable basis for estimating the fair values of assets acquired and liabilities assumed, but the company is waiting for additional information necessary to finalize those fair values for the acquisitions completed during 2024. Certain intangible assets are preliminarily valued using historical information from the Food Processing Equipment Group and qualitative assessment of the business at acquisition date. Specifically, the company estimated the fair values of the intangible assets based on the percentage of purchase price assigned to similar intangible assets in previous acquisitions. Thus, the provisional measurements of fair values set forth above are subject to change. The company expects to complete the purchase price allocation as soon as practicable but no later than one year from the acquisition date.
Pro Forma Financial Information
 
In accordance with ASC 805 Business Combinations, the following unaudited pro forma results of operations for the nine months ended September 28, 2024 and September 30, 2023, assumes the 2023 and 2024 acquisitions described above were completed on January 1, 2023 (first day of fiscal year 2023). The following pro forma results include adjustments to reflect amortization of intangibles associated with the acquisitions and the effects of adjustments made to the carrying value of certain assets (in thousands, except per share data): 
Nine Months Ended
 September 28, 2024September 30, 2023
Net sales$2,861,371 $3,043,925 
Net earnings316,379 323,323 
Net earnings per share:  
Basic$5.89 $6.04 
Diluted$5.84 $5.97 
 
9


The historical consolidated financial information of the company and the acquisitions have been adjusted in the pro forma information to give effect to events that are (1) directly attributable to the transactions, (2) factually supportable and (3) expected to have a continuing impact on the combined results. Pro forma data may not be indicative of the results that would have been obtained had these acquisitions occurred at the beginning of the periods presented, nor is it intended to be a projection of future results. Additionally, the pro forma financial information does not reflect the costs which the company has incurred or may incur to integrate the acquired businesses.
3)    Litigation Matters
Legal Proceedings and Contingencies.
From time to time, the company is subject to proceedings, lawsuits and other claims related to products, suppliers, employees, customers and competitors. The company maintains insurance to partially cover product liability, workers compensation, property and casualty, and general liability matters. The company is required to assess the likelihood of any adverse judgments or outcomes to these matters as well as potential ranges of probable losses.
A determination of the amount of accrual required, if any, for these contingencies is made after assessment of each matter and the related insurance coverage. The required accrual may change in the future due to new developments or changes in approach, such as a change in settlement strategy in dealing with these matters. The company does not believe that any pending litigation will have a material adverse effect on its financial condition, results of operations or cash flows.
4)    Recently Issued Accounting Standards
In November 2023, the FASB issued Accounting Standard Update ASU 2023-07, Segment Reporting (Topic 280): Improvements to Reportable Segment Disclosures. The amendment requires disclosure of significant segment expenses that are regularly provided to the chief operating decision maker, as well as disclosure of the title and position of the Chief Operating Decision Maker (“CODM”). This guidance is effective for fiscal years beginning after December 15, 2023, and interim periods within fiscal years beginning after December 15, 2024. Early adoption is permitted and the amendments in this update are required to be applied on a retrospective basis. The company is currently evaluating the impact the adoption of this guidance will have on its Consolidated Financial Statements and disclosures.
In December 2023, the FASB issued ASU No. 2023-09, Income Taxes (Topic 740): Improvements to Income Tax Disclosures. The ASU includes amendments requiring enhanced income tax disclosures, primarily related to standardization and disaggregation of rate reconciliation categories and income taxes paid by jurisdiction. The guidance is effective for fiscal years beginning after December 15, 2024, with early adoption permitted, and should be applied either prospectively or retrospectively. The company is currently evaluating the impact the adoption of this guidance will have on its Consolidated Financial Statements and disclosures.
In March 2024, the Securities and Exchange Commission ("SEC") issued its final climate disclosure rules. The rules require disclosure of climate-related information outside of the audited financial statements and disclosure in the footnotes addressing specified financial statement effects of severe weather events and other natural conditions above certain financial thresholds, certain carbon offsets and renewable energy credits or certificates, if material.
In April 2024, the SEC determined to voluntarily stay the final rules pending certain legal challenges. The company is currently evaluating the impact of adoption for the new rules and intends to include the updated climate-related disclosures in future filings when required.
10


5)    Revenue Recognition

Disaggregation of Revenue

The company disaggregates its net sales by reportable operating segment and geographical location as the company believes it best depicts how the nature, timing and uncertainty of its net sales and cash flows are affected by economic factors. In general, the Commercial Foodservice Equipment and Residential Foodservice Equipment Groups recognize revenue at the point in time control transfers to their customers based on contractual shipping terms. Revenue from equipment sold under the company's long-term contracts within the Food Processing Equipment group is recognized over time as the equipment is manufactured and assembled. The following table summarizes the company's net sales by reportable operating segment and geographical location (in thousands):
 Commercial
 Foodservice
Food ProcessingResidential Kitchen Total
Three Months Ended September 28, 2024   
United States and Canada$419,515 $103,391 $112,912 $635,818 
Asia53,725 7,437 5,994 67,156 
Europe and Middle East99,494 45,280 52,952 197,726 
Latin America27,334 13,415 1,360 42,109 
Total$600,068 $169,523 $173,218 $942,809 
Nine Months Ended September 28, 2024   
United States and Canada$1,288,437 $315,080 $344,731 $1,948,248 
Asia161,104 20,756 12,433 194,293 
Europe and Middle East288,225 137,459 176,577 602,261 
Latin America72,024 38,315 6,140 116,479 
Total$1,809,790 $511,610 $539,881 $2,861,281 
Three Months Ended September 30, 2023
United States and Canada$458,529 $111,092 $116,522 $686,143 
Asia59,922 6,389 3,371 69,682 
Europe and Middle East91,112 34,250 57,474 182,836 
Latin America24,446 14,936 2,608 41,990 
Total$634,009 $166,667 $179,975 $980,651 
Nine Months Ended September 30, 2023
United States and Canada$1,385,929 $354,945 $395,236 $2,136,110 
Asia173,901 30,507 8,652 213,060 
Europe and Middle East272,252 101,808 194,631 568,691 
Latin America61,525 41,658 6,985 110,168 
Total$1,893,607 $528,918 $605,504 $3,028,029 


11


Contract Balances

Contract assets primarily relate to the company's right to consideration for work completed but not billed at the reporting date and are recorded in prepaid expenses and other in the Condensed Consolidated Balance Sheet. Contract assets are transferred to receivables when the right to consideration becomes unconditional. Accounts receivable are not considered contract assets under the revenue standard as contract assets are conditioned upon the company's future satisfaction of a performance obligation. Accounts receivable, in contracts, are unconditional rights to consideration.

Contract liabilities relate to advance consideration received from customers for which revenue has not been recognized. Current contract liabilities are recorded in accrued expenses in the Condensed Consolidated Balance Sheet. Non-current contract liabilities are recorded in other non-current liabilities in the Condensed Consolidated Balance Sheet. Contract liabilities are reduced when the associated revenue from the contract is recognized.

The following table provides information about contract assets and contract liabilities from contracts with customers (in thousands):
 Sep 28, 2024Dec 30, 2023
Contract assets$60,353 $47,072 
Contract liabilities$112,629 $118,681 
Non-current contract liabilities$14,485 $15,721 

During the nine months period ended September 28, 2024, the company reclassified $32.4 million to receivables, which was included in the contract asset balance at the beginning of the period. During the nine months period ended September 28, 2024, the company recognized revenue of $71.5 million which was included in the contract liability balance at the beginning of the period. Additions to contract liabilities representing amounts billed to clients in excess of revenue recognized to date were $95.8 million during the nine months period ended September 28, 2024.

Remaining Performance Obligations

Substantially all of the company's outstanding performance obligations will be satisfied within 12 to 36 months. There were no contract asset impairments during the nine months period ended September 28, 2024.
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6)    Other Comprehensive Income
Changes in accumulated other comprehensive income(1) were as follows (in thousands):
 Currency Translation AdjustmentPension Benefit CostsUnrealized Gain/(Loss) Interest Rate SwapTotal
Balance as of December 30, 2023$(145,490)$(109,713)$32,005 $(223,198)
Other comprehensive income before reclassification31,352 (5,671)9,135 34,816 
Amounts reclassified from accumulated other comprehensive income 1,535 (21,309)(19,774)
Net current-period other comprehensive income$31,352 $(4,136)$(12,174)$15,042 
Balance as of September 28, 2024$(114,138)$(113,849)$19,831 $(208,156)
Balance as of December 31, 2022$(205,345)$(121,701)$48,574 $(278,472)
Other comprehensive income before reclassification(4,751)(2,131)21,872 14,990 
Amounts reclassified from accumulated other comprehensive income 1,587 (23,963)(22,376)
Net current-period other comprehensive income$(4,751)$(544)$(2,091)$(7,386)
Balance as of September 30, 2023$(210,096)$(122,245)$46,483 $(285,858)
(1) As of September 28, 2024, pension and unrealized gain on interest rate swap amounts, net of tax, are $4.8 million and $6.2 million, respectively. During the nine months ended September 28, 2024, the adjustments to pension and unrealized gain on interest rate swap amounts, net of tax, are $0.8 million and $(5.0) million, respectively. As of September 30, 2023, pension and unrealized gain on interest rate swap amounts, net of tax, were $(1.5) million and $16.1 million, respectively. During the nine months ended September 30, 2023, the adjustments to pension and unrealized gain on interest rate swap amounts, net of tax, were $0.5 million and $(0.7) million, respectively.
Components of other comprehensive income were as follows (in thousands):
 Three Months EndedNine Months Ended
 Sep 28, 2024Sep 30, 2023Sep 28, 2024Sep 30, 2023
Net earnings$114,166 $108,650 $316,129 $324,589 
Currency translation adjustment67,366 (36,602)31,352 (4,751)
Pension liability adjustment, net of tax(5,711)4,436 (4,136)(544)
Unrealized (loss) gain on interest rate swaps, net of tax(13,173)20 (12,174)(2,091)
Comprehensive income$162,648 $76,504 $331,171 $317,203 
7)    Inventories
Inventories are composed of material, labor and overhead and are stated at the lower of cost or net realizable value. Costs for inventory have been determined using the first-in, first-out ("FIFO") method. The company estimates reserves for inventory obsolescence and shrinkage based on its judgment of future realization. Inventories at September 28, 2024 and December 30, 2023 are as follows (in thousands): 
 Sep 28, 2024Dec 30, 2023
Raw materials and parts$483,105 $495,488 
Work-in-process78,809 80,102 
Finished goods343,951 360,277 
 $905,865 $935,867 
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8)    Goodwill
Changes in the carrying amount of goodwill for the nine months ended September 28, 2024 are as follows (in thousands):
Commercial
Foodservice
Food
Processing
Residential KitchenTotal
Balance as of December 30, 2023$1,329,056 $375,217 $782,037 $2,486,310 
Goodwill acquired during the year 831  831 
Measurement period adjustments to
goodwill acquired in prior year
271 57 224 552 
Exchange effect3,149 1,930 14,038 19,117 
Balance as of September 28, 2024$1,332,476 $378,035 $796,299 $2,506,810 

The annual impairment assessment for goodwill and indefinite-lived intangible assets is performed as of the first day of the fourth quarter. The company does not believe there have been any interim indicators of impairment requiring analysis other than at the annual assessment date. This is supported by the review of order rates, backlog levels and financial performance across business segments.

9)    Intangibles

Intangible assets consist of the following (in thousands):
 
 September 28, 2024December 30, 2023
Estimated
Weighted Avg
Remaining
Life
Gross
Carrying
Amount
Accumulated
Amortization
Estimated
Weighted Avg
Remaining
Life
Gross
Carrying
Amount
Accumulated
Amortization
Amortized intangible assets:      
Customer relationships6.5$848,411 $(574,957)7.0$845,326 $(529,533)
Developed technology7.698,857 (50,329)8.398,593 (44,546)
  $947,268 $(625,286) $943,919 $(574,079)
Indefinite-lived assets:      
Trademarks and tradenames $1,328,980   $1,323,236  

The aggregate intangible amortization expense was $15.0 million and $18.9 million for the three months period ended September 28, 2024 and September 30, 2023, respectively. The aggregate intangible amortization expense was $48.7 million and $56.6 million for the nine months period ended September 28, 2024 and September 30, 2023, respectively. The estimated future amortization expense of intangible assets is as follows (in thousands):
 
Twelve Month Period coinciding with the end of the company's Fiscal Third Quarter
Amortization Expense
 
2025$58,454 
202656,354 
202747,073 
202841,453 
202935,332 
Thereafter83,316 
$321,982 

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10)    Accrued Expenses
Accrued expenses consist of the following (in thousands):
 Sep 28, 2024Dec 30, 2023
Contract liabilities$112,629 $118,681 
Accrued payroll and related expenses111,019 121,514 
Accrued warranty98,070 89,039 
Accrued customer rebates52,783 59,267 
Accrued short-term leases25,188 26,417 
Accrued contingent consideration20,611 17,791 
Accrued sales and other tax19,053 24,568 
Accrued agent commission16,031 16,956 
Accrued professional fees13,460 18,461 
Accrued product liability and workers compensation11,161 11,169 
Other accrued expenses75,950 75,329 
 $555,955 $579,192 

11)    Warranty Costs
In the normal course of business, the company issues product warranties for specific product lines and provides for the estimated future warranty cost in the period in which the sale is recorded. The estimate of warranty cost is based on contract terms and historical warranty loss experience that is periodically adjusted for recent actual experience. Because warranty estimates are forecasts that are based on the best available information, actual claims costs may differ from amounts provided. Adjustments to initial obligations for warranties are made as changes in the obligations become reasonably estimable.
A rollforward of the warranty reserve is as follows (in thousands):
 Nine Months Ended
 Sep 28, 2024
Balance as of December 30, 2023$89,039 
Warranty expense75,827 
Warranty claims(66,796)
Balance as of September 28, 2024$98,070 

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12)    Financing Arrangements
 Sep 28, 2024Dec 30, 2023
 (in thousands)
Term loan facility$934,447 $945,913 
Delayed draw term loan facility717,188 726,563 
Convertible senior notes744,175 741,501 
Foreign loans8,979 10,531 
Other debt arrangement521 687 
Total debt2,405,310 2,425,195 
Less:  Current maturities of long-term debt44,058 44,822 
Long-term debt$2,361,252 $2,380,373 
Credit Facility
As of September 28, 2024, the company had $1.7 billion of borrowings outstanding under its credit facility (the "Credit Facility"), including $937.5 million outstanding under the term loan ($934.4 million, net of unamortized issuance fees) and $717.2 million outstanding under the delayed draw term loan. The company also had $5.1 million in outstanding letters of credit as of September 28, 2024, which reduces the borrowing availability under the Credit Facility. Remaining borrowing capacity under this facility was $2.7 billion at September 28, 2024.
On August 11, 2022, the company borrowed $750.0 million against the delayed draw term facility as provided under the Credit Agreement. The funds were used to reduce outstanding borrowings under the revolver. The delayed draw term loan amortizes in quarterly installments due on the last day of each fiscal quarter, and commenced on December 31, 2022, in an amount equal to 0.625% of the principal drawn, with the balance, plus any accrued interest payable by October 21, 2026.
At September 28, 2024, borrowings under the Credit Facility accrued interest at a rate of 1.375% above the daily simple or term Secured Overnight Financing Rate (“SOFR”) per annum or 0.375% above the highest of the prime rate, the federal funds rate plus 0.50% and one month Term SOFR plus 1.00%. The interest rates on borrowings under the Credit Facility may be adjusted quarterly based on the company’s Funded Debt less Unrestricted Cash to Pro Forma EBITDA (the “Leverage Ratio”) on a rolling four-quarter basis. Additionally, a commitment fee based upon the Leverage Ratio is charged on the unused portion of the commitments under the Credit Facility. As of September 28, 2024, borrowings under the Credit Facility accrued interest at a minimum of 1.375% above SOFR and the variable unused commitment fee will be at a minimum of 0.20%. Borrowings under the Credit Facility accrue interest at a minimum of 1.375% above the daily simple SOFR or term SOFR for the applicable interest period (each of which includes a spread adjustment of 0.10%). The average interest rate per annum, inclusive of hedging instruments, on the debt under the Credit Facility was equal to 5.04% at the end of the period and the variable commitment fee was equal to 0.20% per annum as of September 28, 2024.
The term loan and delayed draw term loan facilities had an average interest rate per annum, inclusive of hedging instruments, of 5.04% as of September 28, 2024.
In addition, the company has international credit facilities to fund working capital needs outside the United States. At September 28, 2024, these foreign credit facilities amounted to $9.0 million in U.S. Dollars with a weighted average per annum interest rate of approximately 2.46%.

The company’s debt is reflected on the balance sheet at cost. The fair values of the Credit Facility, term debt and foreign and other debt is based on the amount of future cash flows associated with each instrument discounted using the company's incremental borrowing rate. The company believes its interest rate margins, based on the company’s Leverage Ratio, on its existing debt are consistent with current market conditions and therefore the carrying value of debt reflects the fair value. The carrying value and estimated aggregate fair value, a level 2 measurement, based primarily on market prices, of debt excluding the Convertible Notes is as follows (in thousands):
 Sep 28, 2024Dec 30, 2023
 Carrying ValueFair ValueCarrying ValueFair Value
Total debt excluding convertible senior notes$1,661,135 $1,664,187 $1,683,694 $1,687,781 
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The company uses floating-to-fixed interest rate swap agreements to hedge variable interest rate risk associated with the Credit Facility. At September 28, 2024, the company had outstanding floating-to-fixed interest rate swaps totaling $270.0 million notional amount carrying an average interest rate of 2.51% maturing in less than 12 months and $470.0 million notional amount carrying an average interest rate of 1.22% that mature in more than 12 months but less than 41 months.

At September 28, 2024, the company was in compliance with all covenants pursuant to its borrowing agreements.

Convertible Notes
The following table summarizes the outstanding principal amount and carrying value of the Convertible Notes:
 
Sep 28, 2024
Dec 30, 2023
 (in thousands)
Principal amounts:
Principal$747,499 $747,499 
Unamortized issuance costs(3,324)(5,998)
Net carrying amount$744,175 $741,501 
The following table summarizes total interest expense recognized related to the Convertible Notes:
 Three Months EndedNine Months Ended
 
Sep 28, 2024
Sep 30, 2023
Sep 28, 2024
Sep 30, 2023
Contractual interest expense$1,849 $1,847 $5,565 $5,585 
Interest cost related to amortization of issuance costs889 889 2,675 2,685 
Total interest expense$2,738 $2,736 $8,240 $8,270 
The estimated fair value of the Convertible Notes was $874.6 million as of September 28, 2024 and was determined through consideration of quoted market prices. The fair value is classified as Level 2, as defined in Note 1(d), Fair Value Measurements, in these Notes to the Condensed Consolidated Financial Statement. The if-converted value of the Convertible Notes exceeded their respective principal value by $76.0 million as of September 28, 2024.

Capped Call Transactions
In connection with the pricing of the Convertible Notes, the company entered into privately negotiated Capped Call Transactions (the "2020 Capped Call Transactions") and the company used the net proceeds of the offering of the Convertible Notes to pay the aggregate amount of $104.7 million for them. The company entered into two tranches of privately negotiated Capped Call Transactions in December 2021 (the "2021 Capped Call Transactions") in the aggregate amount of $54.6 million. On March 15, 2022, the company entered into an additional tranche of privately negotiated Capped Call Transactions (the "2022 Capped Call Transactions") in the amount of $9.7 million.
The 2020, 2021, and 2022 Capped Call Transactions (collectively, the "Capped Call Transactions") are expected generally to reduce the potential dilution and/or offset the cash payments the company is required to make in excess of the principal amount of the Convertible Notes upon conversion of the Convertible Notes in the event that the market price per share of the company's common stock is greater than the strike price of the Capped Call Transactions (which initially corresponds to the initial conversion price of the Convertible Notes and is subject to certain adjustments under the terms of the Capped Call Transactions), with such reduction and/or offset subject to a cap based on the cap price of the Capped Call Transactions. The 2020 Capped Call Transactions have an initial cap price of $207.93 per share of the company's common stock. The 2021 Capped Call Transactions have initial cap prices of $216.50 and $225.00 per share of the company's common stock. The 2022 Capped Call Transactions have an initial cap price of $229.00 per share. The Capped Call Transactions cover, initially, the number of shares of the company's common stock underlying the Convertible Notes, subject to anti-dilution adjustments substantially similar to those applicable to the Convertible Notes.

17


The Capped Call Transactions are separate transactions entered into by the company with the capped call counterparties, and are not part of the terms of the Convertible Notes and will not affect any holder's right under the Convertible Notes. Holders of the Convertible Notes will not have any rights with respect to the Capped Call Transactions. The Capped Call Transactions do not meet the criteria for separate accounting as a derivative as they are indexed to the company's stock. The premiums paid of the Capped Call Transactions have been included as a net reduction to additional paid-in capital with stockholders' equity.
13)    Financial Instruments
Foreign Exchange: The company uses foreign currency forward, foreign exchange swaps and option purchase and sales contracts to hedge its exposure to changes in foreign currency exchange rates. The company’s primary hedging activities are to mitigate its exposure to changes in exchange rates on intercompany and third-party trade receivables and payables. The company does not currently enter into derivative financial instruments for speculative purposes. In managing its foreign currency exposures, the company identifies and aggregates naturally occurring offsetting positions and then hedges residual balance sheet exposures. The notional amount of foreign currency contracts outstanding was $265.7 million and $253.1 million as of September 28, 2024 and December 30, 2023, respectively. The fair value of the forward and option contracts was a gain of $0.1 million at the end of the third quarter of 2024.
Interest Rate: The company has entered into interest rate swaps to fix the interest rate applicable to certain of its variable-rate debt. The agreements swapped one-month LIBOR for fixed rates. In February 2022, the company entered into an additional floating-to-fixed interest rate swap agreement that uses a daily SOFR in lieu of LIBOR. In April 2023, all outstanding LIBOR swap agreements were amended to one month term SOFR. The company has designated these swaps as cash flow hedges and all changes in fair value of the swaps are recognized in accumulated other comprehensive income. As of September 28, 2024, the fair value of these instruments was an asset of $25.6 million. The change in fair value of these swap agreements in the first nine months of 2024 was a loss of $12.2 million, net of taxes.
The following table summarizes the company’s fair value of interest rate swaps (in thousands):
Condensed Consolidated
Balance Sheet Presentation
Sep 28, 2024Dec 30, 2023
Fair valuePrepaid expense and other$2,808 $2,897 
Fair valueOther assets$22,821 $39,882 
The impact on earnings from interest rate swaps was as follows (in thousands):
  Three Months EndedNine Months Ended
 Presentation of Gain/(loss)Sep 28, 2024Sep 30, 2023Sep 28, 2024Sep 30, 2023
Gain/(loss) recognized in accumulated other comprehensive incomeOther comprehensive income$(10,409)$8,706 $4,159 $21,141 
Gain/(loss) reclassified from accumulated other comprehensive income (effective portion)Interest expense$6,884 $8,679 $21,309 $23,963 
Interest rate swaps are subject to default risk to the extent the counterparties are unable to satisfy their settlement obligations under the interest rate swap agreements. As a result, the company has counterparty credit exposure to large global financial institutions, which the company monitors on a regular basis.
14)    Segment Information
The company operates in three reportable operating segments defined by management reporting structure and operating activities.
 



18


The Commercial Foodservice Equipment Group has a broad portfolio of foodservice equipment, which enables it to serve virtually any cooking, warming, holding, refrigeration, freezing and beverage application within a commercial kitchen or foodservice operation. This equipment is used across all types of foodservice operations, including quick-service restaurants, full-service restaurants, ghost kitchens, convenience stores, supermarkets, retail outlets, hotels and other institutions. The products offered by this group include conveyor ovens, combi-ovens, convection ovens, baking ovens, proofing ovens, deck ovens, speed cooking ovens, hydrovection ovens, ranges, fryers, rethermalizers, steam cooking equipment, food warming equipment, catering equipment, heated cabinets, charbroilers, ventless cooking systems, kitchen ventilation, induction cooking equipment, countertop cooking equipment, toasters, griddles, charcoal grills, professional mixers, stainless steel fabrication, custom millwork, professional refrigerators, blast chillers, coldrooms, ice machines, freezers, soft serve ice cream equipment, coffee and beverage dispensing equipment, home and professional craft brewing equipment, fry dispensers, bottle filling and canning equipment, IoT solutions and controls development and manufacturing.
 
The Food Processing Equipment Group offers a broad portfolio of processing solutions for customers producing protein products, such as bacon, salami, hot dogs, dinner sausages, poultry and lunchmeats and baked goods such as muffins, cookies, crackers, pies, bread and buns. Through its broad line of products, the company is able to deliver a wide array of food preparation, thermal processing, slicing/packaging, facility automation and equipment sanitation solutions to service a variety of food processing requirements demanded by its customers. The company can offer highly integrated full processing line solutions that provide a food processing operation a uniquely integrated solution providing for the highest level of food quality, product consistency, and reduced operating costs resulting from increased product yields, increased capacity and greater throughput and reduced labor costs through automation. The products offered by this group include a wide array of cooking and baking solutions, including batch ovens, baking ovens, proofing ovens, conveyor belt ovens, continuous processing ovens, frying systems and automated thermal processing systems. The company also provides a comprehensive portfolio of complementary food preparation equipment such as tumblers, massagers, grinders, slicers, reduction and emulsion systems, mixers, blenders, battering equipment, breading equipment, seeding equipment, water cutting systems, food presses, food suspension equipment, filling and depositing solutions, and forming equipment, as well as a variety of automated loading and unloading systems, automated washing systems, auto-guided vehicles, food safety, food handling, freezing, defrosting and packaging equipment. This portfolio of equipment can be integrated to provide customers a highly efficient and customized solution.

The Residential Kitchen Equipment Group has a broad portfolio of innovative and professional-style residential kitchen equipment. The products offered by this group include ranges, cookers, stoves, cooktops, microwaves, ovens, refrigerators, dishwashers, undercounter refrigeration, wine cellars, ice machines, beer dispensers, ventilation equipment, mixers, rotisseries and outdoor cooking equipment.
The accounting policies of the segments are the same as those described in the summary of significant accounting policies. The chief operating decision maker evaluates individual segment performance based on operating income.
Net Sales Summary
(dollars in thousands)
 Three Months EndedNine Months Ended
 Sep 28, 2024Sep 30, 2023Sep 28, 2024Sep 30, 2023
 SalesPercentSalesPercentSalesPercentSalesPercent
Business Segments:    
Commercial Foodservice$600,068 63.6 %$634,009 64.7 %$1,809,790 63.3 %$1,893,607 62.5 %
Food Processing169,523 18.0 166,667 17.0 511,610 17.8 528,918 17.5 
Residential Kitchen173,218 18.4 179,975 18.3 539,881 18.9 605,504 20.0 
    Total$942,809 100.0 %$980,651 100.0 %$2,861,281 100.0 %$3,028,029 100.0 %
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The following table summarizes the results of operations for the company's business segments(1) (dollars in thousands):
 Commercial
 Foodservice
Food ProcessingResidential Kitchen
Corporate
and Other(2)
Total
Three Months Ended September 28, 2024    
Net sales$600,068 $169,523 $173,218 $ $942,809 
Income (loss) from operations (3)
146,088 37,497 13,170 (23,316)173,439 
Depreciation expense (4)
7,115 2,504 3,906 450 13,975 
Amortization expense (5)
11,479 1,736 1,814 1,776 16,805 
Net capital expenditures6,049 3,585 1,809 46 11,489 
Nine Months Ended September 28, 2024
Net sales$1,809,790 $511,610 $539,881 $ $2,861,281 
Income (loss) from operations (3)
429,459 110,333 27,840 (81,352)486,280 
Depreciation expense (4)
21,043 6,811 11,680 1,295 40,829 
Amortization expense (5)
37,801 5,451 5,415 5,341 54,008 
Net capital expenditures16,338 7,941 10,828 1,062 36,169 
Total assets$3,703,812 $999,337 $1,963,444 $534,488 $7,201,081 
Three Months Ended September 30, 2023    
Net sales$634,009 $166,667 $179,975 $ $980,651 
Income (loss) from operations (3)
158,582 37,472 10,915 (32,528)174,441 
Depreciation expense (4)
6,957 1,924 3,304 403 12,588 
Amortization expense (5)
13,959 2,677 2,280 1,777 20,693 
Net capital expenditures7,056 6,672 6,825 777 21,330 
Nine Months Ended September 30, 2023
Net sales$1,893,607 $528,918 $605,504 $ $3,028,029 
Income (loss) from operations (3)
452,113 111,483 51,197 (94,559)520,234 
Depreciation expense (4)
20,134 5,910 10,070 974 37,088 
Amortization expense (5)
42,905 6,946 6,768 5,351 61,970 
Net capital expenditures34,805 11,744 20,579 2,517 69,645 
Total assets$3,775,421 $1,030,366 $1,976,071 $140,750 $6,922,608 

(1)Non-operating expenses are not allocated to the operating segments. Non-operating expenses consist of interest expense and deferred financing amortization, foreign exchange gains and losses and other income and expense items outside of income from operations.
(2)Includes corporate and other general company assets and operations.
(3)Restructuring expenses are allocated in operating income by segment.
(4)Includes depreciation on right of use assets.
(5)Includes amortization of deferred financing costs and Convertible Notes issuance costs.


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Geographic Information
Long-lived assets, not including goodwill and other intangibles (in thousands):
 Sep 28, 2024Sep 30, 2023
United States and Canada$473,941 $525,347 
Asia40,953 39,294 
Europe and Middle East225,847 154,794 
Latin America10,958 14,351 
Total international$277,758 $208,439 
 $751,699 $733,786 
15)    Employee Retirement Plans
The following table summarizes the company's net periodic pension benefit related to the AGA Group pension plans (in thousands):
Three Months EndedNine Months Ended
Sep 28, 2024Sep 30, 2023Sep 28, 2024Sep 30, 2023
Net Periodic Pension Benefit:  
Interest cost$11,225 $11,606 $32,814 $34,220 
Expected return on assets(15,930)(14,816)(46,567)(43,687)
Amortization of net loss14 7 40 21 
Amortization of prior service cost686 657 2,005 1,939 
 $(4,005)$(2,546)$(11,708)$(7,507)

The pension costs for all other plans of the company were not material during the period. The service cost component is recognized within Selling, general and administrative expenses and the non-operating components of pension benefit are included within Net periodic pension benefit (other than service cost) in the Condensed Consolidated Statements of Comprehensive Income.
16)    Share Repurchases
In November 2017, the company's Board of Directors approved a stock repurchase program authorizing the company to repurchase in the aggregate up to 2,500,000 shares of its outstanding common stock. In May 2022 and July 2024, the company's Board of Directors approved the repurchase of an additional 2,500,000 shares of its outstanding common stock under the current program. The company did not purchase shares of its common stock under the program during the three months ended September 28, 2024. As of September 28, 2024, 3,116,364 shares had been purchased under the stock repurchase program and 4,383,636 shares remained authorized for repurchase.
 
The company also treats shares withheld for tax purposes on behalf of employees in connection with the vesting of restricted share grants as common stock repurchases because they reduce the number of shares that would have been issued upon vesting. During the three and nine months ended September 28, 2024, the company repurchased 1,871 and 118,026 shares of its common stock that were surrendered to the company for withholding taxes related to restricted stock vestings for $0.3 million and $18.3 million.

21


Item 2. Management's Discussion and Analysis of Financial Condition and Results of Operations

Special Notes Regarding Forward-Looking Statements
 
This report contains forward-looking statements subject to the safe harbor created by the Private Securities Litigation Reform Act of 1995. The company cautions readers that these projections are based upon future results or events and are highly dependent upon a variety of important factors which could cause such results or events to differ materially from any forward-looking statements which may be deemed to have been made in this report, or which are otherwise made by or on behalf of the company. Such factors include, but are not limited to, volatility in earnings resulting from goodwill impairment losses which may occur irregularly and in varying amounts; variability in financing costs and interest rates; quarterly variations in operating results; dependence on key customers; international exposure; foreign exchange and political risks affecting international sales; unfavorable tax law changes and tax authority rulings; ability to protect trademarks, copyrights and other intellectual property; cybersecurity attacks and other breaches in security; changing market conditions, including inflation; the impact of competitive products and pricing; the timely development and market acceptance of the company’s products; the availability and cost of raw materials; the company's continued ability to realize profitable growth through the sourcing and completion of strategic acquisitions; and other risks detailed herein and from time-to-time in the company’s SEC filings, including the company’s 2023 Annual Report on Form 10-K. All forward-looking statements are expressly qualified in their entirety by these cautionary statements. The forward-looking statements included in this report are made only as of the date hereof and, except as required by federal securities laws and rules and regulations of the SEC, the company undertakes no obligation to publicly update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.

Current Events

Inflation and Interest Rate Environment

The company has been negatively impacted by inflation in wages, logistics, energy, raw materials and component costs. Price increases and pricing strategies have been implemented to mitigate the impact of cost inflation on margins and the company continues to actively monitor costs. High inflation and uncertainty surrounding the Federal Reserve's interest rate policy
decisions led to increased interest rates in 2023 and into the first quarter of 2024, which combined with global macroeconomic uncertainty, has and may continue to impact customer demand. The Federal Reserve cut interest rates in the third quarter of 2024, the first in a string of cuts expected into 2025. Interest rates and global macroeconomic uncertainty has and may continue to impact customer demand across our businesses. Even in light of such headwinds, we remain focused on delivering strong financial results and executing on our long-term strategy and profitability objectives.

Supply Chain, Labor and Logistics Constraints

The company continues to actively monitor global supply chain, labor and logistics constraints, which have had a negative impact on the company's ability to source parts and complete and ship units. While the company is seeing improvement on certain supply chain and logistics constraints, supply chains for certain key components remain distressed. The decreased availability of resources and inflationary costs have resulted in heightened inventory levels. To combat these pressures, the company has evaluated alternative sourcing, dual sourcing and collaborated across the organization, where appropriate, without materially presenting new risks or increasing current risks around quality and reliability. Our capital resources have been and the company expects they will continue to be sufficient to address these challenges.

22


Net Sales Summary
(dollars in thousands)
 
 Three Months EndedNine Months Ended
 Sep 28, 2024Sep 30, 2023Sep 28, 2024Sep 30, 2023
 SalesPercentSalesPercentSalesPercentSalesPercent
Business Segments:    
Commercial Foodservice$600,068 63.6 %$634,009 64.7 %$1,809,790 63.3 %$1,893,607 62.5 %
Food Processing169,523 18.0 166,667 17.0 511,610 17.8 528,918 17.5 
Residential Kitchen173,218 18.4 179,975 18.3 539,881 18.9 605,504 20.0 
    Total$942,809 100.0 %$980,651 100.0 %$2,861,281 100.0 %$3,028,029 100.0 %
23


Results of Operations
 The following table sets forth certain consolidated statements of earnings items as a percentage of net sales for the periods:
 
 Three Months EndedNine Months Ended
 Sep 28, 2024Sep 30, 2023Sep 28, 2024Sep 30, 2023
Net sales100.0 %100.0 %100.0 %100.0 %
Cost of sales62.3 61.7 62.2 62.1 
Gross profit37.7 38.3 37.8 37.9 
Selling, general and administrative expenses19.0 20.0 20.4 20.3 
Restructuring0.3 0.5 0.4 0.4 
Income from operations18.4 17.8 17.0 17.2 
Interest expense and deferred financing amortization, net2.3 3.2 2.5 3.0 
Net periodic pension benefit (other than service costs)(0.4)(0.2)(0.4)(0.2)
Other expense (income), net0.1 0.1 — 0.1 
Earnings before income taxes16.4 14.7 14.9 14.3 
Provision for income taxes4.3 3.6 3.8 3.6 
Net earnings12.1 %11.1 %11.1 %10.7 %

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Three Months Ended September 28, 2024 as compared to Three Months Ended September 30, 2023
NET SALES. Net sales for the three months period ended September 28, 2024 decreased by $37.9 million or 3.9% to $942.8 million as compared to $980.7 million in the three months period ended September 30, 2023. Net sales increased by $1.6 million, or 0.2%, from the fiscal 2023 acquisition of Trade-Wind and the fiscal 2024 acquisitions of GBT GmbH Bakery and MaxMac. Excluding acquisitions, net sales decreased $39.5 million, or 4.0%, from the prior year period. The impact of foreign exchange rates on foreign sales translated into U.S. Dollars for the three months period ended September 28, 2024 increased net sales by approximately $1.0 million or 0.1%. Excluding the impact of foreign exchange and acquisitions, sales decreased 4.1% for the three months period ended September 28, 2024 as compared to the prior year period, including a net sales decrease of 5.3% at the Commercial Foodservice Equipment Group, a net sales increase of 0.7% at the Food Processing Equipment Group and a net sales decrease of 4.5% at the Residential Kitchen Equipment Group.
Net sales of the Commercial Foodservice Equipment Group decreased by $33.9 million, or 5.3%, to $600.1 million in the three months period ended September 28, 2024, as compared to $634.0 million in the prior year period. Excluding the impact of foreign exchange, net sales decreased $33.5 million, or 5.3%, at the Commercial Foodservice Equipment Group. Domestically, the company realized a sales decrease of $39.0 million, or 8.5%, to $419.5 million, as compared to $458.5 million in the prior year period. The decrease in domestic sales is related to slow market conditions. International sales increased $5.1 million, or 2.9%, to $180.6 million, as compared to $175.5 million in the prior year period. Excluding the impact of foreign exchange, net sales increase in international sales was $5.5 million, or 3.1%. The increase in international sales is related to improvements in market conditions, primarily in the European and Latin American markets.
Net sales of the Food Processing Equipment Group increased by $2.8 million, or 1.7%, to $169.5 million in the three months period ended September 28, 2024, as compared to $166.7 million in the prior year period. Net sales from the acquisitions of GBT GmbH Bakery and MaxMac, acquired February 7, 2024 and April 19, 2024, respectively, accounted for an increase of $1.4 million during the three months period ended September 28, 2024. Excluding the impact of foreign exchange and acquisitions, net sales increased $1.1 million, or 0.7%, at the Food Processing Equipment Group. Domestically, the company realized a sales decrease of $7.7 million, or 6.9%, to $103.4 million, as compared to $111.1 million in the prior year period. Excluding acquisitions, the net decrease in domestic sales was $7.7 million, or 6.9%. International sales increased $10.5 million, or 18.9%, to $66.1 million, as compared to $55.6 million in the prior year period. Excluding the impact of foreign exchange and acquisitions, the net sales increase in international sales was $8.8 million, or 15.8%. The increase in international sales is primarily related to growth in the European markets.
Net sales of the Residential Kitchen Equipment Group decreased by $6.8 million, or 3.8%, to $173.2 million in the three months period ended September 28, 2024, as compared to $180.0 million in the prior year period. Excluding the impact of the acquisition of Trade-Wind, acquired August 1, 2023, net sales decreased $7.0 million, or 3.9%. Excluding the impact of foreign exchange and acquisition, net sales decreased $8.1 million, or 4.5% at the Residential Kitchen Equipment Group. Domestically, the company realized a sales decrease of $3.6 million, or 3.1%, to $112.9 million, as compared to $116.5 million in the prior year period. Excluding the acquisition, the net decrease in domestic sales was $3.8 million, or 3.3%. International sales decreased $3.2 million, or 5.0%, to $60.3 million, as compared to $63.5 million in the prior year period. Excluding the impact of foreign exchange, the net sales decrease in international sales was $4.3 million, or 6.8%. The decrease in net sales is primarily driven by challenging market conditions domestically and in the European markets.
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GROSS PROFIT. Gross profit decreased to $355.4 million in the three months period ended September 28, 2024, as compared to $375.3 million in the prior year period, primarily driven by lower sales volumes. The impact of foreign exchange rates increased gross profit by approximately $0.8 million. The gross margin rate was 37.7% in the three months period ended September 28, 2024, as compared to 38.3% in the prior year period.

Gross profit at the Commercial Foodservice Equipment Group decreased by $18.5 million, or 7.2%, to $236.8 million in the three months period ended September 28, 2024, as compared to $255.3 million in the prior year period. The impact of foreign exchange rates increased gross profit by approximately $0.1 million. The gross margin rate decreased to 39.5%, as compared to 40.3% in the prior year period related to lower sales volumes. The gross margin rate, excluding the impact of foreign exchange was 39.4%.

Gross profit at the Food Processing Equipment Group decreased by $0.2 million, or 0.3%, to $66.2 million in the three months period ended September 28, 2024, as compared to $66.4 million in the prior year period. Gross profit from the acquisitions of GBT GmbH Bakery and MaxMac increased gross profit by $0.4 million. The impact of foreign exchange rates increased gross profit by approximately $0.3 million. Excluding the acquisitions, gross profit decreased by $0.6 million. The gross profit margin rate decreased to 39.1%, as compared to 39.8% in the prior year period, primarily related to product mix. The gross margin rate, excluding acquisitions and the impact of foreign exchange, was 39.0%.

Gross profit at the Residential Kitchen Equipment Group decreased by $1.7 million, or 3.1%, to $52.8 million in the three months period ended September 28, 2024, as compared to $54.5 million in the prior year period. The impact of foreign exchange rates increased gross profit by approximately $0.4 million. Excluding the acquisition, gross profit decreased by $1.8 million related to lower sales volume. The gross margin rate increased to 30.5%, as compared to 30.3% in the prior year period. The gross margin rate excluding the acquisition and the impact of foreign exchange was 30.4%.

SELLING, GENERAL AND ADMINISTRATIVE EXPENSES. Combined selling, general and administrative expenses decreased to $179.5 million in the three months period ended September 28, 2024, as compared to $196.4 million in the three months period ended September 30, 2023. As a percentage of net sales, selling, general, and administrative expenses were 19.0% in the three months period ended September 28, 2024 as compared to 20.0% in the three months period ended September 30, 2023.

Selling, general and administrative expenses reflect increased costs of $0.9 million associated with acquisitions, including less than $0.1 million of intangible amortization expense. Selling, general and administrative expenses decreased $9.1 million related to reduced compensation costs including commissions, $5.4 million related to professional fees, and $3.9 million related to intangible amortization expense. Foreign exchange rates had an unfavorable impact of $0.1 million.

RESTRUCTURING EXPENSES. Restructuring expenses decreased $1.9 million to $2.5 million for the three months period ended September 28, 2024, as compared to $4.4 million for the three months period ended September 30, 2023. Restructuring expenses in the three months period ended September 28, 2024 related primarily to headcount reductions and facility consolidations within all three segments. Restructuring expenses in the three months period ended September 30, 2023 related primarily to headcount reductions and facility consolidations within the Residential Kitchen Equipment Group and Commercial Foodservice Group.

NON-OPERATING EXPENSES. Interest and deferred financing amortization costs were $21.4 million in the three months period ended September 28, 2024, as compared to $31.1 million in the prior year period, primarily reflecting the decrease in net debt levels. Net periodic pension benefit (other than service costs) increased $1.8 million to $3.9 million in the three months period ended September 28, 2024, as compared to $2.1 million in the prior year period related to the slight decrease in discount rate used to calculate the interest cost and increase in expected return on assets as a result of the higher asset value. Other expense was $1.2 million in the three months period ended September 28, 2024, as compared to other expense of $1.1 million in the prior year period and consists mainly of foreign exchange gains and losses.

INCOME TAXES. A tax provision of $40.5 million, at an effective rate of 26.2%, was recorded during the three months period ended September 28, 2024, as compared to $35.7 million at an effective rate of 24.8%, in the prior year period. The effective tax rate for the three months period ended September 28, 2024 is higher than the U.S. statutory tax rate of 21% primarily due to state taxes and foreign tax rate differentials.


26


Nine Months Ended September 28, 2024 as compared to Nine Months Ended September 30, 2023
NET SALES. Net sales for the nine months period ended September 28, 2024 decreased by $166.7 million, or 5.5%, to $2,861.3 million as compared to $3,028.0 million in the nine months period ended September 30, 2023. Net sales increased by $8.8 million, or 0.3%, from the fiscal 2023 acquisitions of Flavor Burst, Blue Sparq, Filtration Automation, Terry, and Trade-Wind and the fiscal 2024 acquisitions of GBT GmbH Bakery and MaxMac. Excluding acquisitions, net sales decreased $175.5 million, or 5.8%, from the prior year period. The impact of foreign exchange rates on foreign sales translated into U.S. Dollars for the nine months period ended September 28, 2024 increased net sales by approximately $2.7 million. Excluding the impact of foreign exchange and acquisitions, sales decreased 5.9% for the nine months period ended September 28, 2024 as compared to the prior year period, including a net sales decrease of 4.5% at the Commercial Foodservice Equipment Group, a net sales decrease of 4.3% at the Food Processing Equipment Group and a net sales decrease of 11.7% at the Residential Kitchen Equipment Group.
Net sales of the Commercial Foodservice Equipment Group decreased by $83.8 million, or 4.4%, to $1,809.8 million in the nine months period ended September 28, 2024, as compared to $1,893.6 million in the prior year period. Net sales from the acquisitions of Flavor Burst, Blue Sparq, and Terry which were acquired on January 24, 2023, April 3, 2023 and July 5, 2023, respectively, accounted for an increase of $1.5 million during the nine months period ended September 28, 2024. Excluding the impact of acquisitions, net sales of the Commercial Foodservice Equipment Group decreased $85.3 million, or 4.5%, as compared to the prior year period. Excluding the impact of foreign exchange and acquisitions, net sales decreased $84.6 million, or 4.5%, at the Commercial Foodservice Equipment Group. Domestically, the company realized a sales decrease of $97.5 million, or 7.0%, to $1,288.4 million, as compared to $1,385.9 million in the prior year period. This includes an increase of $1.4 million from recent acquisitions. Excluding acquisitions, the net decrease in domestic sales was $98.9 million, or 7.1%, as compared to the prior year period. The decrease in domestic sales is related to slow market conditions. International sales increased $13.7 million, or 2.7%, to $521.4 million, as compared to $507.7 million in the prior year period. This includes an increase of $0.1 million from the recent acquisitions, offset by a decrease of $0.7 million related to the unfavorable impact of foreign exchange rates. Excluding the impact of foreign exchange and acquisitions, the net sales increase in international sales was $14.3 million, or 2.8%. The increase in international revenues is related to improvements in market conditions, primarily in the European and Latin American markets.
Net sales of the Food Processing Equipment Group decreased by $17.3 million, or 3.3%, to $511.6 million in the nine months period ended September 28, 2024, as compared to $528.9 million in the prior year period. Net sales from the acquisitions of Filtration Automation, GBT GmbH Bakery, and MaxMac acquired June 13, 2023, February 7, 2024, and April 19, 2024, respectively, accounted for an increase of $5.1 million during the nine months period ended September 28, 2024. Excluding the impact of acquisitions, net sales of the Food Processing Equipment Group decreased $22.4 million, or 4.2%, as compared to the prior year period. Excluding the impact of foreign exchange and acquisitions, net sales decreased $22.9 million, or 4.3%, at the Food Processing Equipment Group. Domestically, the company realized a sales decrease of $39.8 million, or 11.2%, to $315.1 million, as compared to $354.9 million in the prior year period. This includes an increase of $2.6 million from recent acquisitions. Excluding acquisitions, the net decrease in domestic sales was $42.4 million, or 11.9%, as compared to the prior year period. The decrease in domestic sales is driven primarily by protein products. International sales increased $22.5 million, or 12.9%, to $196.5 million, as compared to $174.0 million in the prior year period. This includes an increase of $2.5 million from the recent acquisitions and an increase of $0.5 million related to the favorable impact of foreign exchange rates. Excluding the impact of foreign exchange and acquisitions, the net sales increase in international sales was $19.5 million, or 11.2%. The increase in international sales reflects growth driven primarily by bakery and protein products in the European markets.
Net sales of the Residential Kitchen Equipment Group decreased by $65.6 million, or 10.8%, to $539.9 million in the nine months period ended September 28, 2024, as compared to $605.5 million in the prior year period. Excluding the impact of the acquisition of Trade-Wind, net sales decreased $67.8 million, or 11.2%. Excluding the impact of foreign exchange and acquisition, net sales decreased $70.7 million, or 11.7%, at the Residential Kitchen Equipment Group. Domestically, the company realized a sales decrease of $50.5 million, or 12.8%, to $344.7 million, as compared to $395.2 million in the prior year period. Excluding the acquisition, the net sales of the Residential Kitchen Equipment Group decreased $52.7 million, or 13.3%, as compared to the prior year period. International sales decreased $15.1 million, or 7.2%, to $195.2 million, as compared to $210.3 million in the prior year period. This includes an increase of $2.9 million related to the favorable impact of foreign exchange rates. Excluding the impact of foreign exchange, the net sales decrease in international sales was $18.0 million, or 8.6%. The decrease in net sales was primarily driven by challenging market conditions domestically and in the European markets.
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GROSS PROFIT. Gross profit decreased to $1,081.4 million in the nine months period ended September 28, 2024 as compared to $1,147.3 million in the prior year period, primarily driven by lower sales volumes at the Commercial Foodservice Equipment Group and Residential Kitchen Equipment Group. The impact of foreign exchange rates increased gross profit by approximately $1.2 million. The gross margin rate was 37.8% in the nine months period ended September 28, 2024 as compared to 37.9% in the nine months period ended September 30, 2023.
 
Gross profit at the Commercial Foodservice Equipment Group decreased by $37.4 million, or 4.9%, to $719.3 million in the nine months period ended September 28, 2024, as compared to $756.7 million in the prior year period. Gross profit from the acquisitions of Flavor Burst, Blue Sparq, and Terry increased gross profit by $0.8 million. Excluding acquisitions, gross profit decreased by $38.2 million related to lower sales volume. The impact of foreign exchange rates decreased gross profit by approximately $0.2 million. The gross margin rate decreased to 39.7%, as compared to 40.0% in the prior year period. The gross margin rate, excluding acquisitions and the impact of foreign exchange, was 39.7%.

Gross profit at the Food Processing Equipment Group increased by $3.0 million, or 1.5%, to $199.8 million in the nine months period ended September 28, 2024, as compared to $196.8 million in the prior year period. Gross profit from the acquisitions of Filtration Automation, GBT GmbH Bakery, and MaxMac increased gross profit by $2.4 million. Excluding acquisitions, gross profit increased by $0.6 million. The impact of foreign exchange rates increased gross profit by approximately $0.4 million. The gross profit margin rate increased to 39.1%, as compared to 37.2% in the prior year period, primarily related to improved product mix. The gross margin rate, excluding acquisitions and the impact of foreign exchange, was 38.9%.

Gross profit at the Residential Kitchen Equipment Group decreased by $33.4 million, or 17.2%, to $161.0 million in the nine months period ended September 28, 2024, as compared to $194.4 million in the prior year period. The impact of foreign exchange rates increased gross profit by approximately $1.0 million. Excluding the acquisition, gross profit decreased by $34.5 million related to lower sales volume. The gross margin rate decreased to 29.8%, as compared to 32.1% in the prior year period. The gross margin rate, excluding the acquisitions and the impact of foreign exchange, was 29.7%.

SELLING, GENERAL AND ADMINISTRATIVE EXPENSES. Combined selling, general and administrative expenses decreased to $584.1 million in the nine months period ended September 28, 2024, as compared to $615.4 million in the nine months period ended September 30, 2023. As a percentage of net sales, selling, general, and administrative expenses were 20.4% in the nine months period ended September 28, 2024, as compared to 20.3% in the nine months period ended September 30, 2023.

Selling, general and administrative expenses reflect increased costs of $4.4 million associated with acquisitions, including $0.5 million of intangible amortization expense. Selling, general and administrative expenses decreased $14.9 million related to reduced compensation costs including commissions, $9.5 million related to professional fees, $8.5 million related to intangible amortization expense and $4.6 million for contingent consideration, offset by a $1.3 million increase in marketing and advertising costs. Foreign exchange rates had an unfavorable impact of $0.6 million.

RESTRUCTURING EXPENSES. Restructuring expenses decreased $0.7 million to $11.0 million in the nine months period ended September 28, 2024 from $11.7 million in the nine months period ended September 30, 2023. Restructuring expenses in the nine months period ended September 28, 2024 related primarily to headcount reductions and facility consolidations within all three segments. Restructuring expenses in the nine months period ended September 30, 2023 related primarily to headcount reductions and facility consolidations within the Residential Kitchen Equipment Group and Commercial Foodservice Equipment Group.

NON-OPERATING EXPENSES. Interest and deferred financing amortization costs were $72.2 million in the nine months period ended September 28, 2024, as compared to $92.1 million in the prior year period, reflecting the decrease in net debt levels. Net periodic pension benefit (other than service costs) increased $4.3 million to $11.2 million in the nine months period ended September 28, 2024, as compared to $6.9 million in the prior year period related to the decrease in discount rate used to calculate the interest cost and increase in expected return on assets as a result of the higher asset value. Other expense was $1.0 million in the nine months period ended September 28, 2024, as compared to other expense of $2.6 million in the prior year period and consists mainly of foreign exchange gains and losses.
28


INCOME TAXES. A tax provision of $108.2 million, at an effective rate of 25.5%, was recorded during the nine months period ended September 28, 2024, as compared to $107.9 million at an effective rate of 24.9%, in the prior year period. The effective tax rate for the nine months period ended September 28, 2024 is higher than the U.S. statutory tax rate of 21% primarily due to state taxes and foreign tax rate differentials.
29


Financial Condition and Liquidity

Total cash and cash equivalents increased by $358.5 million to $606.0 million at September 28, 2024 from $247.5 million at December 30, 2023. Total debt amounted to $2.4 billion at September 28, 2024 and December 30, 2023.
 
OPERATING ACTIVITIES. Net cash provided by operating activities after changes in assets and liabilities amounted to $447.1 million as compared to $373.1 million in the prior year.
During the nine months period ended September 28, 2024, working capital changes meaningfully impacted operating cash flows primarily driven by a decrease in accounts receivable of $31.4 million due to lower sales levels, decreased inventory levels of $33.1 million. These were offset by a $41.7 million decrease in accrued expenses and other liabilities related to impacts from the timing of payments of various customer and incentive programs.
INVESTING ACTIVITIES. During the nine months period ended September 28, 2024, net cash used for investing activities amounted to $44.0 million. Cash used to fund acquisitions amounted to $7.8 million. Additionally, $36.2 million was expended, primarily for upgrades of production equipment and manufacturing facilities.
FINANCING ACTIVITIES. Net cash flows used for financing activities amounted to $45.8 million during the nine months period ended September 28, 2024. The company’s borrowing activities during 2024 included $21.9 million of net repayments under its Credit Facility. Additionally, during 2024, the company used $18.3 million to repurchase 118,026 shares of Middleby common stock that were surrendered to the company for withholding taxes related to restricted stock vestings.
At September 28, 2024, the company was in compliance with all covenants pursuant to its borrowing agreements. The company believes that its current capital resources, including cash and cash equivalents, cash expected to be generated from operations, funds available from its current lenders and access to the credit and capital markets will be sufficient to finance its operations, debt service obligations, capital expenditures, product development and expenditures for the foreseeable future.
Recently Issued Accounting Standards

See Part I, Item 1, Notes to Condensed Consolidated Financial Statements, Note 4 - Recently Issued Accounting Standards, of this Quarterly Report on Form 10-Q.
Critical Accounting Policies and Estimates
Management's discussion and analysis of financial condition and results of operations are based upon the company's consolidated financial statements, which have been prepared in accordance with accounting principles generally accepted in the United States. The preparation of these financial statements requires the company to make significant estimates and judgments that affect the reported amounts of assets, liabilities, revenues and expenses as well as related disclosures. On an ongoing basis, the company evaluates its estimates and judgments based on historical experience and various other factors that are believed to be reasonable under the circumstances. Actual results may differ from these estimates under different assumptions or conditions and any such differences could be material to the company's consolidated financial statements. There have been no changes in the company's critical accounting policies, which include revenue recognition, inventories, goodwill and indefinite-life intangibles, convertible debt, pensions benefits, and income taxes, as discussed in the company's Annual Report on Form 10-K for the year ended December 30, 2023 (the “2023 Annual Report on Form 10-K”).


30


Item 3.  Quantitative and Qualitative Disclosures About Market Risk 
Interest Rate Risk 
The company is exposed to market risk related to changes in interest rates. The following table summarizes the maturity of the company’s debt obligations:
Twelve Month Period coinciding with the end of the company's Fiscal Third Quarter

Variable Rate
Debt
 
2025$44,289 
2026788,146 
20271,567,261 
2028737 
2029 and thereafter4,877 
 $2,405,310 
The company is exposed to interest rate risk on its floating-rate debt. The company has entered into interest rate swaps to fix the interest rate applicable to certain of its variable-rate debt. The agreements swapped one-month LIBOR for fixed rates. In February 2022, the company entered into an additional floating-to-fixed interest rate swap agreement that uses a daily SOFR in lieu of LIBOR. In April 2023, all outstanding LIBOR swap agreements were amended to one month term SOFR. The company has designated these swaps as cash flow hedges and all changes in fair value of the swaps are recognized in accumulated other comprehensive income. As of September 28, 2024, the fair value of these instruments was an asset of $25.6 million. The change in fair value of these swap agreements in the first nine months of 2024 was a loss of $12.2 million, net of taxes. The potential net loss on fair value for such instruments from a hypothetical 10% adverse change in quoted interest rates would not have a material impact on the company's financial position, results of operations and cash flows.
The company has Convertible Notes that were issued in August 2020, which carry a fixed annual interest rate of 1.00%. As such, the company does not have economic interest rate exposure on the Convertible Notes. The fair value of the Convertible Notes is subject to interest rate risk, market risk and other factors due to its conversion feature. The fair value of the Convertible Notes is also affected by the price and volatility of the company’s common stock and will generally increase or decrease as the market price of our common stock changes. The interest and market value changes affect the fair value of the Convertible Notes but do not impact the company’s financial position, cash flows or results of operations due to the fixed nature of the debt obligation. Additionally, the company carries the Convertible Notes at face value, less any unamortized discount on the balance sheet and presents the fair value for disclosure purposes only.
Foreign Exchange Derivative Financial Instruments
The company uses derivative financial instruments, principally foreign currency forward purchase and sale contracts with terms of less than one year, to hedge its exposure to changes in foreign currency exchange rates. The company’s primary hedging activities are to mitigate its exposure to changes in exchange rates on intercompany and third-party trade receivables and payables. The company does not currently enter into derivative financial instruments for speculative purposes. In managing its foreign currency exposures, the company identifies and aggregates naturally occurring offsetting positions and then hedges residual balance sheet exposures. The potential net loss on fair value for such instruments from a hypothetical 10% adverse change in quoted foreign exchange rates would not have a material impact on the company's financial position, results of operations and cash flows. The fair value of the forward and option contracts was a gain of $0.1 million at the end of the third quarter of 2024.
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Item 4. Controls and Procedures
The company maintains disclosure controls and procedures that are designed to ensure that information required to be disclosed in the company's Exchange Act reports is recorded, processed, summarized and reported within the time periods specified in the SEC's rules and forms, and that such information is accumulated and communicated to the company's management, including its Chief Executive Officer and Chief Financial Officer, as appropriate, to allow timely decisions regarding required disclosure.
As of September 28, 2024, the company carried out an evaluation, under the supervision and with the participation of the company's management, including the company's Chief Executive Officer and Chief Financial Officer, of the effectiveness of the company's disclosure controls and procedures. Based on the foregoing, the company's Chief Executive Officer and Chief Financial Officer concluded that the company's disclosure controls and procedures were effective as of the end of this period. 
During the quarter ended September 28, 2024, there has been no change in the company's internal control over financial reporting that has materially affected, or is reasonably likely to materially affect, the company's internal control over financial reporting.
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PART II. OTHER INFORMATION
The company was not required to report the information pursuant to Items 1 through 6 of Part II of Form 10-Q for the nine months ended September 28, 2024, except as follows:
Item 2. Unregistered Sales of Equity Securities and Use of Proceeds

c) Issuer Purchases of Equity Securities 
 Total
Number of
Shares
Purchased
Average
Price Paid
per Share
Total Number
of Shares
Purchased as
Part of Publicly
Announced
Plan or
Program
Maximum
Number of
Shares that May
Yet be
Purchased
Under the Plan
or Program (1)
June 30, 2024 to July 27, 2024— $— — 4,383,636 
July 28, 2024 to August 24, 2024— — — 4,383,636 
August 25, 2024 to September 28, 2024— — — 4,383,636 
Quarter ended September 28, 2024— $— — 4,383,636 

(1) On November 7, 2017, the company's Board of Directors resolved to terminate the company's existing share repurchase program, effective as of such date, which was originally adopted in 1998, and approved a new stock repurchase program. This program authorizes the company to repurchase in the aggregate up to 2,500,000 shares of its outstanding common stock. In May 2022 and July 2024, the company's Board of Directors approved the repurchase of an additional 2,500,000 shares of its outstanding common stock under the current program. As of September 28, 2024, the total number of shares authorized for repurchase under the program is 7,500,000 shares. As of September 28, 2024, 3,116,364 shares had been purchased under the stock repurchase program and 4,383,636 shares remained authorized for repurchase. 

In the consolidated financial statements, the company also treats shares withheld for tax purposes on behalf of employees in connection with the vesting of restricted share grants as common stock repurchases because they reduce the number of shares that would have been issued upon vesting. These withheld shares are not considered common stock repurchases under the authorized common stock repurchase plan and accordingly are not included in the common stock repurchase totals in the preceding table.

  
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Item 6. Exhibits
Exhibits:
Exhibit 31.1 –  
Exhibit 31.2 –
 
Exhibit 32.1 –
Exhibit 32.2 –
Exhibit 101 –Financial statements on Form 10-Q for the quarter ended September 28, 2024, filed on November 7, 2024, formatted in Inline Extensive Business Reporting Language (iXBRL); (i) condensed consolidated balance sheets, (ii) condensed consolidated statements of earnings, (iii) condensed statements of cash flows, (iv) notes to the condensed consolidated financial statements.
Exhibit 104 –Cover Page Interactive Data File (formatted as Inline Extensive Business Reporting Language (iXBRL) and contained in Exhibit 101).

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SIGNATURE
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.
 THE MIDDLEBY CORPORATION
 (Registrant)
Date:November 7, 2024By:/s/ Bryan E. Mittelman
  Bryan E. Mittelman
  Chief Financial Officer
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