CNNMoney.com
Companies Economy International Corrections Pre-market Trading After-hours Trading Winners/Losers/Actives Bonds Currencies Commodities World Markets Money Magazine Real Estate Taxes Jobs Ask the Expert Money 101 Autos Mutual Funds The Help Desk Loan Center Best Places to Live Ask the Expert Ultimate Guide to Retirement Retirement Calculators Best Funds Best Places to Retire Fortune Brainstorm Tech Apple 2.0 Blog Big Tech Blog Sectors and Stocks Tech Talk Resource Guide Small Business Makeovers Questions & Answers Small Business Video 100 Best Places to Launch FSB 100 Fortune Small Business Fortune 500 Brainstorm Tech Investing Management C-Suite Rankings Main Create Portfolio Edit Portfolio Create Alerts Edit Alerts
TRADING
CENTER
CVR Energy Reports Third Quarter Results
PR Newswire

SUGAR LAND, Texas, Nov. 2 /PRNewswire-FirstCall/ -- CVR Energy, Inc. (NYSE: CVI), a refiner and marketer of petroleum fuels and a nitrogen fertilizer manufacturer, today reported a third quarter 2009 net loss of $13.4 million, or a loss of $0.16 per share, resulting in net income for the nine months of $59.9 million, or net income of $0.69 per share.

(Logo: http://www.newscom.com/cgi-bin/prnh/20071203/CVRLOGO)

In 2008, the company reported net income in the third quarter of $99.7 million, or $1.16 per share, with net income for the nine months of $152.9 million, or $1.77 per share.

The 2009 third quarter results came on net sales of $811.7 million versus net sales in the third quarter of 2008 of $1,580.9 million. For the nine months in 2009 net sales were $2,214.4 million versus $4,316.4 million for the similar period in 2008.

"Besides lower commodity prices that affected our industries, the company was particularly impacted by unexpected production interruptions at the refinery during the third quarter, especially problems involving our Fluid Catalytic Cracking Unit and our Continuous Catalytic Reformer," said Chief Executive Officer Jack Lipinski. "This lost production and related maintenance costs resulted in operating income being reduced by an estimated $19 million for the quarter.

"While restoring refinery operations to full capacity during the third quarter, we were able to make a number of improvements that should contribute to future earnings," Lipinski said. "In addition, we are now seeing modest improvements in both nitrogen fertilizer prices and refining margins, and we believe these positive trends will continue."

Operating loss for the third quarter 2009 was $10.8 million compared to operating income of $72.0 million for the same quarter in 2008. For the nine months 2009, operating income was $188.6 million compared to $282.3 million for the same period in 2008.

Net income adjusted for unrealized gain or loss from Cash Flow Swap was a loss of $15.0 million in the third quarter of 2009 compared to income of $40.2 million for the same period in 2008. For the first nine months, comparable numbers were $82.4 million in 2009 versus $111.4 million in 2008.

CVR Energy subsidiary Coffeyville Resources LLC and the swap counter-party J Aron & Company mutually agreed to terminate the Cash Flow Swap entirely effective Oct. 8, 2009. The termination resulted in a net settlement whereby J. Aron paid Coffeyville Resources approximately $3.9 million.

Results for the third quarter 2009 were unfavorably impacted by the significant increase in non-cash share-based compensation expense of $15.9 million on a pre-tax basis (see footnote 1 in the accompanying tables) as compared to the 2008 third quarter impact of a reversal of non-cash share-based compensation expense of $25.8 million on a pre-tax basis. The increase of the third quarter 2009 share-based compensation expense of $41.7 million on a pre-tax basis primarily resulted from the increase of the company’s stock share price during the third quarter of 2009 as compared to the decrease of the company’s stock share price during the third quarter of 2008.

Petroleum Business

The petroleum business reported third quarter 2009 operating income of $0.3 million on net sales of $766.4 million, compared to operating income for the same period in 2008 of $20.2 million on net sales of $1,510.3 million. For the first nine months of 2009, the petroleum business reported operating income of $161.2 million on net sales of $2,051.7 million compared to operating income of $185.7 million on net sales of $4,137.9 million for the first three quarters of 2008.

The results for the third quarter of 2009 reflect a favorable impact from first-in, first-out (FIFO) accounting of $7.3 million compared with an unfavorable FIFO impact of $59.3 million for the third quarter of 2008. For the first nine months of 2009, the favorable FIFO impact was $51.2 million compared to a favorable $25.9 million in the first three quarters of 2008.

Crude oil throughput for the third quarter 2009 averaged 101,530 barrels per day compared with 114,680 barrels per day for the same period in 2008. Total throughput including other feed and blend stocks averaged 110,654 barrels per day in the third quarter of 2009 compared to 126,433 barrels per day for the same period in 2008.

Refining margin per barrel adjusted for FIFO impact, a non-GAAP measure (see footnote 6 in the accompanying tables), was $6.74 in the third quarter of 2009, a decrease from $12.50 during the same period in 2008. Gross profit per crude oil throughput barrel was $1.72 in the third quarter of 2009, compared to $1.98 per crude oil throughput barrel during the same period in 2008.

Direct operating expenses for the third quarter of 2009 were $3.97 per crude oil throughput barrel compared to $3.52 per crude oil throughput barrel for the same period in 2008, both amounts reported exclusive of depreciation and amortization. Direct operating expenses per crude oil throughput barrel for the third quarter of 2009 were negatively impacted by the unexpected production interruptions at the refinery, the related maintenance costs and the correlated reduction in crude throughputs. On an absolute dollar basis, direct operating expenses per crude oil throughput barrel would have remained flat for the third quarter of 2009 had the petroleum business not incurred this down time and related maintenance.

Nitrogen Fertilizers Business

Nitrogen fertilizers operations reported a third quarter 2009 operating loss of $3.9 million on net sales of $45.9 million, compared to operating income of $46.5 million on net sales of $74.2 million during the equivalent period in 2008. For the first three quarters of 2009, operating income was $41.9 million on net sales of $169.0 million compared to $95.6 million on net sales of $195.6 million in the first nine months of 2008.

For the third quarter 2009, average plant sale prices for ammonia and UAN were $247 per ton and $133 per ton respectively, compared to $685 per ton and $324 per ton respectively for the equivalent period in 2008. Nitrogen fertilizers operations produced 112,000 tons of ammonia, including ammonia subsequently upgraded to UAN, and 175,400 tons of UAN during the third quarter of 2009, compared to 110,300 tons of ammonia and 172,800 tons of UAN in the equivalent period of 2008.

On-stream factors in the third quarter of 2009 exceeded the 2008 results in all areas. Gasification operations had a third quarter 2009 on-stream factor of 98.8 percent compared to 98.5 percent in the third quarter of 2008; the ammonia operations were on-stream 98.3 percent of the time in the third quarter of 2009 versus 97.8 percent during the third quarter 2008; and UAN production ran 96.3 percent of the time in the third quarter 2009 versus 94.8 percent of the time in the same quarter during 2008.

This news release contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. You can generally identify forward-looking statements by our use of forward-looking terminology such as "anticipate," "believe," "continue," "could," "estimate," "expect," "intend," "may," "might," "plan," "potential," "predict," "seek," "should," or "will," or the negative thereof or other variations thereon or comparable terminology. These forward-looking statements are only predictions and involve known and unknown risks and uncertainties, many of which are beyond our control. For a discussion of risk factors which may affect our results, please see the risk factors and other disclosures included in our Annual Report on Form 10-K for the year ended December 31, 2008. These risks may cause our actual results, performance or achievements to differ materially from any future results, performance or achievements expressed or implied by these forward-looking statements. Given these risks and uncertainties, you are cautioned not to place undue reliance on such forward-looking statements. The forward-looking statements included in this press release are made only as of the date hereof. The Company undertakes no duty to update its forward-looking statements.

About CVR Energy, Inc.

Headquartered in Sugar Land, Texas, CVR Energy, Inc.’s subsidiary and affiliated businesses include an independent refiner that operates a 115,000 barrel per day refinery in Coffeyville, Kan., and markets high value transportation fuels supplied to customers through tanker trucks and pipeline terminals; a crude oil gathering system serving central Kansas, northern Oklahoma, eastern Colorado, western Missouri and southwest Nebraska; an asphalt and refined fuels storage and terminal business in Phillipsburg, Kan.; and through a limited partnership, an ammonia and urea ammonium nitrate fertilizer business located in Coffeyville, Kan.

    For further information, please contact:

    Investor Relations:                Media Relations:
    Stirling Pack, Jr.                 Steve Eames
    CVR Energy, Inc.                   CVR Energy, Inc.
    281-207-3464                       281-207-3550
    InvestorRelations@CVREnergy.com    MediaRelations@CVREnergy.com


                                 CVR Energy, Inc.

    The following tables summarize the financial data and key operating
    statistics for CVR Energy and our two operating segments for the three and
    nine months ended September 30, 2009 and 2008.  Select balance sheet data
    is as of September 30, 2009 and December 31, 2008.  The summary financial
    data for our two operating segments does not include certain selling,
    general and administrative expenses and depreciation and amortization
    related to our corporate offices.



                              Three Months Ended         Nine Months Ended
                                 September 30,             September 30,
                             ----------------------  ----------------------
                                2009        2008        2009        2008
                             ----------  ----------  ----------  ----------
                                    (in millions, except share data)
                                            (unaudited)
    Consolidated Statement
     of Operations Data:
    Net sales                    $811.7    $1,580.9    $2,214.4    $4,316.4

    Cost of product
     sold*                        712.7     1,440.3     1,722.0     3,764.0
    Direct operating
     expenses* (1)                 58.4        56.6       169.1       179.5
    Selling, general and
     administrative
     expenses* (1)                 29.3        (7.8)       70.4        20.5
    Net costs associated
     with flood                     0.5        (0.8)        0.6         8.8
    Depreciation and
     amortization                  21.6        20.6        63.7        61.3
                             ----------  ----------  ----------  ----------
      Operating
       income
       (loss)                     (10.8)       72.0       188.6       282.3

    Interest expense and
     other financing
     costs                        (10.9)       (9.3)      (33.6)      (30.1)
    Gain (loss) on
     derivatives, net               3.1        76.7       (63.0)      (50.5)
    Loss on extinguishment
     of debt                          -           -        (0.7)          -
    Other income, net (1)           0.6         0.7         1.5         2.5
                             ----------  ----------  ----------  ----------
    Income before income tax
     (expense) benefit            (18.0)      140.1        92.8       204.2
    Income tax (expense)
     benefit                        4.6       (40.4)      (32.9)      (51.3)
                             ----------  ----------  ----------  ----------
       Net income (loss)         $(13.4)      $99.7       $59.9      $152.9
       --------------------------------------------------------------------
      *Amounts shown are exclusive of depreciation and amortization.

      Basic earnings
       (loss) per share          $(0.16)      $1.16       $0.69       $1.77
      Diluted earnings
       (loss) per share          $(0.16)      $1.16       $0.69       $1.77
    Weighted average
     common shares
     outstanding
         Basic               86,244,245  86,141,291  86,244,049  86,141,291
         Diluted             86,244,245  86,158,791  86,333,437  86,158,791



                                                  As of           As of
                                               September 30,   December 31,
                                                   2009            2008
                                               -------------   ------------
                                                        (in millions)
                                               (unaudited)
    Balance Sheet Data:
    Cash and cash equivalents                     $86.9            $8.9
    Unrealized receivable associated with
     Cash Flow Swap (current) (2)                   3.5            35.3
    Unrealized receivable associated with
     Cash Flow Swap (non-current) (2)                 -             5.6
    Working capital                               243.9           128.5
    Total assets                                1,646.6         1,610.5
    Total debt, including current portion         494.9           495.9
    Total CVR stockholders’ equity                652.1           579.5



                                 Three Months Ended     Nine Months Ended
                                    September 30,         September 30,
                                 ------------------    ------------------
                                  2009       2008       2009       2008
                                 ------      -----     ------     ------
                                                 (in millions)
                                                  (unaudited)
    Other Financial Data:
    Cash flows provided by
     operating activities         $26.6      $81.5     $118.1     $104.8
    Cash flows used in
     investing activities         (11.9)     (17.8)     (36.5)     (67.4)
    Cash flows used in financing
     activities                    (1.2)     (24.4)      (3.7)      (8.0)

    Non-GAAP Measures:

    Reconciliation of Net
     Income (Loss) to Adjusted
     Net Income (Loss):
    Net income (loss)             $(13.4)     $99.7      $59.9     $152.9
    Less:
      Unrealized gain (loss)
       from Cash Flow Swap,
       net of taxes (2)             1.6       59.5      (22.5)      41.5
                                 ------      -----     ------     ------
      Net income (loss)
       adjusted for unrealized
       gain or loss from
       Cash Flow Swap (2)        $(15.0)     $40.2      $82.4     $111.4

    Adjustments:
      Share-based compensation,
       net of taxes (1)            12.7      (18.6)      20.4      (28.4)
      FIFO impact (favorable)
       unfavorable, net of
       taxes (3)                   (4.4)      35.6      (30.9)     (15.6)
                                 ------      -----      -----      -----
    Adjusted net income
     (loss) (4)                   $(6.7)     $57.2      $71.9      $67.4

    Adjusted net income (loss)
     per diluted share           $(0.08)     $0.66      $0.83      $0.78



                                Three Months Ended     Nine Months Ended
                                   September 30,         September 30,
                                 -----------------   -------------------
                                  2009      2008       2009       2008
                                 ------   --------   --------   --------
                                (in millions, except operating statistics)
                                              (unaudited)
    Petroleum Business Financial
     Results:
    Net Sales                    $766.4   $1,510.3   $2,051.7   $4,137.9
    Cost of product sold*         696.2    1,437.7    1,695.5    3,758.4
    Direct operating
     expenses* (1)                 37.1       37.1      104.7      120.1
    Net costs associated with
     flood                          0.5       (1.0)       0.6        7.9
    Depreciation and
     amortization                  16.5       15.6       48.3       46.8
                                 ------   --------   --------   --------
      Gross profit                $16.1      $20.9     $202.6     $204.7
    Plus direct operating
     expenses* (1)                 37.1       37.1      104.7      120.1
    Plus net costs associated
     with flood                     0.5       (1.0)       0.6        7.9
    Plus depreciation and
     amortization                  16.5       15.6       48.3       46.8
                                 ------   --------   --------   --------
    Refining margin (5)           $70.2      $72.6     $356.2     $379.5
    FIFO impact (favorable)
     unfavorable (3)               (7.3)      59.3      (51.2)     (25.9)
                                 ------   --------   --------   --------
    Refining margin adjusted for
     FIFO impact (6)               62.9      131.9      305.0      353.6

    Operating income               $0.3      $20.2     $161.2     $185.7
    Share-based compensation (1)    1.2       (7.1)       1.4       (9.4)
    FIFO impact (favorable)
     unfavorable (3)               (7.3)      59.3      (51.2)     (25.9)
                                 ------   --------   --------   --------
    Adjusted operating income
     (loss) (7)                   $(5.8)     $72.4     $111.4     $150.4

    Petroleum Key Operating
     Statistics:
    Per crude oil throughput
     barrel:
      Refining margin (5)         $7.52      $6.88     $12.26     $12.75
      FIFO impact (favorable)
       unfavorable (3)            (0.78)      5.62      (1.76)     (0.87)
      Refining margin adjusted
       for FIFO impact (6)         6.74      12.50      10.50      11.88
      Gross profit                 1.72       1.98       6.97       6.88
      Direct operating
       expenses* (1)               3.97       3.52       3.60       4.04

    * Amounts shown are exclusive of depreciation and amortization



                                     Three Months Ended September 30,
                           ---------------------------------------------------
                                  2009                          2008
                           ----------------------        ---------------------
    Refining Throughput and                   (unaudited)
     Production Data:
       (barrels per day)
    Throughput:
       Sweet                84,851          76.7%         92,222         72.9%
       Light/medium sour     7,780           7.0%         11,256          8.9%
       Heavy sour            8,899           8.0%         11,202          8.9%
                           -------         -----         -------        -----
          Total crude oil
           throughput      101,530          91.7%        114,680         90.7%
       All other feed and
        blendstocks          9,124           8.3%         11,753          9.3%
                           -------         -----         -------        -----
          Total
           throughput      110,654         100.0%        126,433        100.0%

    Production:
      Gasoline              55,928          50.3%         59,864         47.1%
      Distillate            43,149          38.8%         51,744         40.7%
      Other (excluding
       internally
       produced fuel)       12,051          10.9%         15,503         12.2%
                           -------         -----         -------        -----
          Total refining
           production
           (excluding
           internally
           produced fuel)  111,128         100.0%        127,111        100.0%

    Product price (dollars
     per gallon):
       Gasoline              $1.83                         $3.06
       Distillate            $1.82                         $3.45



    Market Indicators
     (dollars per
     barrel):
    West Texas Intermediate
     (WTI) NYMEX             $68.24                       $118.22
    Crude Oil Differentials:
      WTI less WTS
       (light/medium sour)     1.81                          2.31
       WTI less WCS
       (heavy sour)            9.21                         18.69
    NYMEX Crack Spreads:
       Gasoline                9.77                          5.91
       Heating Oil             5.99                         20.75
       NYMEX 2-1-1 Crack
        Spread                 7.88                         13.33
    PADD II Group 3
     Basis:
       Gasoline               (1.81)                         2.62
       Ultra Low Sulfur
        Diesel                 1.97                          4.68
    PADD II Group 3 Product
      Crack:
       Gasoline                7.96                          8.52
       Ultra Low Sulfur
        Diesel                 7.96                         25.43
    PADD II Group 3 2-1-1      7.96                         16.98


                                     Nine Months Ended September 30,
                           ---------------------------------------------------
                                    2009                         2008
                           ---------------------------------------------------
    Refining Throughput and                   (unaudited)
     Production Data:
     (barrels per day)
    Throughput:
       Sweet                82,509         69.7%         79,759          66.4%
       Light/medium sour    14,872         12.6%         16,576          13.8%
       Heavy sour            9,042          7.7%         12,249          10.2%
                           -------         ----         -------         -----
          Total crude oil
           throughput      106,423         90.0%        108,584          90.4%
       All other feed and
        blendstocks         11,887         10.0%         11,480           9.6%
                           -------         ----         -------         -----
          Total
           throughput      118,310        100.0%        120,064         100.0%

    Production:
      Gasoline              61,111         51.6%         57,195          47.3%
      Distillate            45,831         38.7%         49,509          40.9%
      Other (excluding
       internally
       produced fuel)       11,577          9.7%         14,289          11.8%
                           -------         ----         -------         -----
          Total refining
           production
           (excluding
           internally
           produced fuel)  118,519        100.0%        120,933         100.0%

    Product price (dollars per
     gallon):
       Gasoline              $1.59                        $2.87
       Distillate            $1.57                        $3.33


    Market Indicators (dollars
     per barrel):
    West Texas Intermediate
     (WTI) NYMEX            $57.32                      $113.52
    Crude Oil Differentials:
      WTI less WTS
       (light/medium sour)    1.44                         3.84
       WTI less WCS
        (heavy sour)          6.79                        20.58
    NYMEX Crack Spreads:
       Gasoline              10.37                         7.28
       Heating Oil            8.22                        20.89
       NYMEX 2-1-1 Crack
        Spread                9.30                        14.09
    PADD II Group 3 Basis:
       Gasoline              (1.40)                       (0.81)
       Ultra Low Sulfur
        Diesel                0.26                         4.17
    PADD II Group 3 Product
     Crack:
       Gasoline               8.97                         6.47
       Ultra Low Sulfur
        Diesel                8.48                        25.07
    PADD II Group 3 2-1-1     8.72                        15.77



                                       Three Months Ended  Nine Months Ended
                                          September 30,      September 30,
                                          --------------    ----------------
                                          2009     2008      2009      2008
                                          -----    -----    ------    ------
                                            (in millions, except as noted)
                                                    (unaudited)
    Nitrogen Fertilizer Business
     Financial Results:

    Net sales                             $45.9    $74.2    $169.0    $195.6
    Cost of product sold*                  17.7      6.2      34.6      21.9
    Net costs associated with flood           -        -         -         -
    Direct operating expenses* (1)         21.3     19.4      64.4      59.4
    Depreciation and amortization           4.7      4.5      14.0      13.4

    Operating income (loss)               $(3.9)   $46.5     $41.9     $95.6
    Share-based compensation (1)            3.9     (6.1)      5.8      (9.0)
                                          -----    -----    ------    ------
    Adjusted operating income (7)            $-    $40.4     $47.7     $86.6

    * Amounts shown are exclusive of depreciation and amortization.


    Nitrogen Fertilizer Key Operating
     Statistics:

    Production (thousand tons):
      Ammonia (gross produced) (8)        112.0    110.3     323.4     273.5
      Ammonia (net available for
       sale) (8)                           39.5     39.0     117.3      83.3
      UAN                                 175.4    172.8     501.2     462.0

    Petroleum coke consumed
     (thousand tons)                      120.7    125.7     360.3     349.9
    Petroleum coke (cost per ton)           $24      $32       $30       $31

    Sales (thousand tons):
      Ammonia                              50.1     21.9     125.5      65.2
      UAN                                 204.1    165.4     508.9     462.0
                                          -----    -----    ------    ------
        Total sales                       254.2    187.3     634.4     527.2

    Product pricing (plant gate)
     (dollars per ton) (9):
      Ammonia                              $247     $685      $318      $568
      UAN                                  $133     $324      $221      $296

    On-stream factors (10):
      Gasification                         98.8%    98.5%     96.8%     91.1%
      Ammonia                              98.3%    97.8%     95.9%     89.6%
      UAN                                  96.3%    94.8%     93.3%     86.4%

    Reconciliation to net sales (dollars
     in millions):
      Freight in revenue                   $6.3     $5.6     $16.0     $13.7
      Hydrogen revenue                        -        -       0.7       7.9
      Sales net plant gate                 39.6     68.6     152.3     174.0
                                          -----    -----    ------    ------
        Total net sales                   $45.9    $74.2    $169.0    $195.6

    Market Indicators:
      Natural gas NYMEX (dollars per
       MMBtu)                             $3.44    $8.99     $3.90     $9.75
      Ammonia - Southern Plains
       (dollars per ton)                   $276     $936      $307      $735
      UAN - Mid Cornbelt (dollars
       per ton)                            $177     $506      $224      $429



    (1) The Company has two classifications for share-based compensation
        awards.  Phantom Unit Plan awards are accounted for as liability based
        awards.  In accordance with FASB ASC 505, the expense associated with
        these awards is based on the current fair value of the awards.  These
        awards are remeasured at each reporting date until the awards are
        settled.  Override unit awards are accounted for as equity-classified
        awards using the guidance for non-employee awards prescribed by FASB
        ASC 323, Accounting by an Investor for Stock-Based Compensation
        Granted to Employees of an Equity Method Investee and FASB ASC 505,
        Accounting for Equity Investments That Are Issued to Other Than
        Employees for Acquiring, or in Conjunction with Selling Goods or
        Services.  In accordance with that guidance, the expense associated
        with these awards is based on the current fair value of the awards.
        These awards are remeasured at each reporting date until the awards
        are vested (when the performance commitment is reached).  The value of
        all of these awards can fluctuate significantly between periods.

        The compensation expense associated with our Phantom Unit Plans and
        override units is recorded in direct operating expenses, selling,
        general and administrative expenses and other income.  Below is a
        breakdown of the expense by Statement of Operations caption and by
        business segment.



                                   Three Months Ended  Nine Months Ended
                                      September 30,      September 30,
                                      ------------      --------------
                                      2009    2008      2009      2008
                                      ----   -----      ----     -----
                                                (in millions)
        Share-based compensation                 (unaudited)
         recorded in direct
         operating expenses
          Petroleum                   $0.4   $(2.7)     $0.1     $(4.3)
          Nitrogen                     0.4    (0.7)      0.6      (1.4)
          Corporate                      -       -         -         -
                                      ----   -----      ----     -----
                                       0.8    (3.4)      0.7      (5.7)

        Share-based compensation
         recorded in selling,
         general and administrative
         expenses
          Petroleum                    0.8    (4.4)      1.3      (5.1)
          Nitrogen                     3.5    (5.4)      5.2      (7.6)
          Corporate                   10.8   (12.3)     18.2     (18.2)
                                      ----   -----      ----     -----
                                      15.1   (22.1)     24.7     (30.9)

        Share-based compensation
         recorded in other income        -    (0.3)        -      (0.3)
                                      ----   -----      ----     -----

        Total share-based
         compensation                $15.9  $(25.8)    $25.4    $(36.9)
        Income tax expense
         (benefit) of share-based
         compensation                 (3.2)    7.2      (5.0)      8.5
                                      ----   -----      ----     -----

        Share-based compensation,
         net of taxes                 12.7   (18.6)     20.4     (28.4)



    (2) The unrealized gain (loss) from Cash Flow Swap relates to the
        derivative transaction that was executed in conjunction with the
        acquisition of Coffeyville Group Holdings, LLC by Coffeyville
        Acquisition LLC on June 24, 2005.  On June 16, 2005, Coffeyville
        Acquisition LLC entered into the Cash Flow Swap with J. Aron &
        Company, a subsidiary of The Goldman Sachs Group, Inc., and a related
        party of ours.  The Cash Flow Swap was subsequently assigned from
        Coffeyville Acquisition LLC to Coffeyville Resources, LLC on June 24,
        2005.  The derivative took the form of three NYMEX swap agreements
        whereby if absolute (i.e., in dollar terms, not a percentage of crude
        oil prices) crack spreads fall below the fixed level, J. Aron agreed
        to pay the difference to us, and if crack spreads rise above the fixed
        level, we agreed to pay the difference to J. Aron.  Based upon
        expected crude oil capacity of 115,000 bpd, the Cash Flow Swap
        represents approximately 14% of crude oil capacity for the period from
        July 1, 2009 through June 30, 2010.

        We have determined that the Cash Flow Swap does not qualify as a hedge
        for hedge accounting purposes under current U.S. generally accepted
        accounting principles ("GAAP").  As a result, our periodic Statements
        of Operations reflect in each period material amounts of unrealized
        gains and losses based on the increases or decreases in market value
        of the unsettled position under the swap agreements which are
        accounted for as an asset (receivable from swap counterparty) or
        liability (payable to swap counterparty) on our balance sheet, as
        applicable.  As the absolute crack spreads increase, we are required
        to record an increase in the liability account with a corresponding
        expense entry to be made to our Statement of Operations.  Conversely,
        as absolute crack spreads decline, we are required to record a
        decrease in the swap related liability and post a corresponding income
        entry to our Statement of Operations.  Because of this inverse
        relationship between the economic outlook for our underlying business
        (as represented by crack spread levels) and the income impact of the
        unrealized gains and losses, and given the significant periodic
        fluctuations in the amounts of unrealized gains and losses, management
        utilizes net income (loss) adjusted for unrealized gain or loss from
        Cash Flow Swap as a key indicator of our business performance.  In
        managing our business and assessing its growth and profitability from
        a strategic and financial planning perspective, management and our
        board of directors consider our GAAP net income results as well as net
        income (loss) adjusted for unrealized gain or loss from Cash Flow
        Swap.  We believe that net income (loss) adjusted for unrealized gain
        or loss from Cash Flow Swap, enhances the understanding of our results
        of operations by highlighting income attributable to our ongoing
        operating performance exclusive of charges and income resulting from
        mark-to-market adjustments that are not necessarily indicative of the
        performance of our underlying business and our industry.  The
        adjustment has been made for the unrealized gain or loss from Cash
        Flow Swap net of its related tax effect.

        Net income (loss) adjusted for unrealized gain or loss from Cash Flow
        Swap is not a recognized financial measure under GAAP and should not
        be substituted for net income as a measure of our performance but
        instead should be utilized as a supplemental measure of financial
        performance in evaluating our business.  Because Net income (loss)
        adjusted for unrealized gain or loss from Cash Flow Swap excludes
        mark-to-market adjustments, the measure does not reflect the fair
        market value of our Cash Flow Swap in our net income.  As a result,
        the measure does not include potential cash payments that may be
        required to be made on the Cash Flow Swap in the future.  Also, our
        presentation of this non-GAAP measure may not be comparable to
        similarly titled measures of other companies.  We believe that net
        income (loss) adjusted for unrealized gain or loss from Cash Flow Swap
        is important to enable investors to better understand and evaluate our
        ongoing operating results and allow for greater transparency in the
        review of our overall financial, operational and economic performance.

        The unrealized receivable associated with the Cash Flow Swap, current
        and non-current, represents the unsettled position resulting from
        unrealized gains and losses on the Cash Flow Swap.  Historically, the
        unrealized position has been subject to significant fluctuations due
        to the volatility of the underlying quoted market prices used to
        mark-to-market our commodity derivatives.  The unrealized balance is
        also impacted by the length of the remaining term of the Cash Flow
        Swap.

        The Cash Flow Swap terminated effective October 8, 2009.  The
        termination resulted in a settlement whereby J. Aron paid Coffeyville
        Resources, LLC approximately $3.9 million.  The Company was permitted
        to terminate the Cash Flow Swap pursuant to an amendment to the
        company’s credit agreement entered  into on October 2, 2009.

    (3) First-in, first-out (FIFO) is the Company’s basis for determining
        inventory value on a GAAP basis.  Changes in crude oil prices can
        cause fluctuations in the inventory valuation of our crude oil, work
        in process and finished goods thereby resulting in favorable FIFO
        impacts when crude oil prices increase and unfavorable FIFO impacts
        when crude oil prices decrease.  The FIFO impact is calculated based
        upon inventory values at the beginning of the accounting period and at
        the end of the accounting period.  In order to derive the FIFO impact
        per crude oil throughput barrel, we utilize the total dollar figures
        for the FIFO impact and divide by the number of crude oil throughput
        barrels for the period.  Below is the gross and tax affected FIFO
        impacts for the applicable periods:



                                    Three Months Ended  Nine Months Ended
                                      September 30,       September 30,
                                    ------------------  ----------------
                                     2009     2008        2009      2008
                                    -----    -----      ------    ------
                                                (in millions)
                                                 (unaudited)

        Petroleum:

        FIFO impact (favorable)
         unfavorable                $(7.3)   $59.3      $(51.2)   $(25.9)
        Income tax expense (benefit)
         of FIFO                      2.9    (23.7)       20.3      10.3
                                    -----    -----      ------    ------
        FIFO impact, (favorable)
         unfavorable net of taxes    (4.4)    35.6       (30.9)    (15.6)



    (4) Net income (loss) adjusted for unrealized gain or loss from Cash Flow
        Swap and other items results from adjusting net income for items that
        the Company believes are needed in order to evaluate results in a more
        comparative analysis from period to period.  For the three and nine
        months ended September 30, 2009 and 2008, these items included the
        unrealized gain (loss) from Cash Flow Swap, share-based compensation
        expense and the Company’s impact of the accounting for its inventory
        under FIFO.  Adjusted net income (loss) is not a recognized term under
        GAAP and should not be substituted for net income (loss) as a measure
        of our performance but rather should be utilized as a supplemental
        measure of financial performance in evaluating our business.
        Management believes that adjusted net income (loss) provides relevant
        and useful information that enables investors to better understand and
        evaluate our ongoing operating results and allow for greater
        transparency in the review of our overall financial, operational and
        economic performance.

    (5) Refining margin is a measurement calculated as the difference between
        net sales and cost of product sold (exclusive of depreciation and
        amortization).  Refining margin is a non-GAAP measure that we believe
        is important to investors in evaluating our refinery’s performance as
        a general indication of the amount above our cost of product sold that
        we are able to sell refined products.  Each of the components used in
        this calculation (net sales and cost of product sold exclusive of
        depreciation and amortization) can be taken directly from our
        Statement of Operations.  Our calculation of refining margin may
        differ from similar calculations of other companies in our industry,
        thereby limiting its usefulness as a comparative measure.  In order to
        derive the refining margin per crude oil throughput barrel, we utilize
        the total dollar figures for refining margin as derived above and
        divide by the applicable number of crude oil throughput barrels for
        the period.  We believe that refining margin is important to enable
        investors to better understand and evaluate our ongoing operating
        results and allow for greater transparency in the review of our
        overall financial, operational and economic performance.

    (6) Refining margin adjusted for FIFO impact is a measurement calculated
        as the difference between net sales and cost of product sold
        (exclusive of depreciation and amortization) adjusted for FIFO
        impacts.  Under our FIFO accounting method, changes in crude oil
        prices can cause fluctuations in the inventory valuation of our crude
        oil, work in process and finished goods, thereby resulting in
        favorable FIFO impacts when crude oil prices increase and unfavorable
        FIFO impacts when crude oil prices decrease.  Refining margin adjusted
        for FIFO impact is a non-GAAP measure that we believe is important to
        investors in evaluating our refinery’s performance as a general
        indication of the amount above our cost of product sold (taking into
        account the impact of our utilization of FIFO) that we are able to
        sell refined products.  Our calculation of refining margin adjusted
        for FIFO impact may differ from calculations of other companies in our
        industry, thereby limiting its usefulness as a comparative measure.

    (7) Adjusted operating income (loss), adjusted for impacts of other items
        is a non-GAAP measure that we believe is important in evaluating the
        on-going operations of our segments.  This calculation is made in
        order to adjust for what the Company believes are significant
        non-operating items such as the impact of our share-based compensation
        and the impacts of our accounting under FIFO for the petroleum
        segment.

        Adjusted operating income (loss) is not a recognized term under GAAP
        and should not be substituted for operating income as a measure of our
        performance but instead should be utilized as a supplemental measure
        of financial performance in evaluating our business.  We believe that
        adjusted operating income (loss) is important to enable investors to
        better understand and evaluate our ongoing operating results and allow
        for greater transparency in the review of our overall financial,
        operational and economic performance.

    (8) The gross tons produced for ammonia represent the total ammonia
        produced, including ammonia produced that was upgraded into UAN.  The
        net tons available for sale represent the ammonia available for sale
        that was not upgraded into UAN.

    (9) Plant gate sales per ton represent net sales less freight and hydrogen
        revenue divided by product sales volume in tons in the reporting
        period. Plant gate pricing per ton is shown in order to provide a
        pricing measure that is comparable across the fertilizer industry.

    (10) On-stream factor is the total number of hours operated divided by the
         total number of hours in the reporting period.


    Use of Non-GAAP Financial Measures

    To supplement the actual results in accordance with GAAP for the applicable periods, the Company also uses non-GAAP measures as discussed above, which are adjusted for GAAP-based results.  The use of Non-GAAP adjustments are not in accordance with or an alternative for GAAP.  The adjustments are provided to enhance an overall understanding of the Company’s financial performance for the applicable periods and are indicators management believes are relevant and useful for planning and forecasting future periods.

SOURCE CVR Energy, Inc.

 Top of page