STATEMENT REGARDING FORWARD-LOOKING DISCLOSURE
Certain information included in this Form 10-Q and other filings with theSecurities and Exchange Commission , in our press releases, in other written communications, and in oral statements made by or with the approval of one of our authorized officers may contain "forward-looking" statements about our current and expected performance trends, growth plans, business goals and other matters. Words or phrases such as "believe," "plan," "will likely result," "expect," "intend," "will continue," "is anticipated," "estimate," "project," "may," "could," "would," "should," and similar expressions are intended to identify "forward-looking" statements. These statements, and any other statements that are not historical facts, are "forward-looking" statements within the meaning of the Private Securities Litigation Reform Act of 1995, as codified in Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934, as amended from time to time (the "Act"). The cautionary statements made in this Form 10-Q should be read as being applicable to all related "forward-looking" statements wherever they appear in this Form 10-Q. These forward-looking statements are based on information available to us as of the date any such statements are made, and we assume no obligation to update these forward-looking statements. These statements are subject to risks and uncertainties that could cause actual results to differ materially from those described in the statements. These risks and uncertainties include, but are not limited to, the risk factors described in Item 1A of our Annual Report on Form 10-K for the fiscal year endedDecember 29, 2020 , as updated in our Form 10-Q for the thirty-nine weeks endedSeptember 28, 2021 and in other reports filed subsequently with theSEC .
GENERAL
As ofNovember 1, 2021 , we own and operate 212 restaurants located in the 29 states ofAlabama ,Arizona ,Arkansas ,California ,Colorado ,Connecticut ,Florida ,Indiana ,Kansas ,Kentucky ,Louisiana ,Maryland ,Massachusetts ,Michigan ,Nevada ,New Jersey ,New Mexico , NewYork, North Carolina ,Ohio ,Oklahoma ,Oregon, Pennsylvania ,Rhode Island ,South Carolina ,Tennessee ,Texas ,Virginia andWashington . Our proprietary craft beer is produced at several of our locations, ourTemple, Texas brewpub locations and by independent third-party brewers using our proprietary recipes. The first BJ's restaurant, which opened in 1978 inOrange County, California , was a small sit-down pizzeria that featuredChicago style deep-dish pizza with a uniqueCalifornia twist. Our goal then and still today is to be the best casual dining concept ever by focusing on high quality menu options at a compelling value, a dining experience that exceeds customers' expectations for service, hospitality and enjoyment, and an atmosphere that is always welcoming and approachable. In 1996, we introduced our own proprietary craft beers and expanded the BJ's concept from its beginnings as a small pizzeria to a full-service, high energy casual dining restaurant when we opened our first large format restaurant including our own internal brewing operations inBrea, California . Today our restaurants feature a broad menu with over 100 items designed to offer something for everyone including: slow roasted entrees such as prime rib, EnLIGHTened Entrees® such as our Cherry Chipotle Glazed Salmon, our original signature deep-dish pizza, the often imitated, but never replicated world-famous Pizookie® dessert; and our award-winning BJ's proprietary craft beers. Our revenues are comprised of food and beverage sales from our restaurants and third-party retail beer sales. Revenues from restaurant sales are recognized when payment is tendered at the point of sale. Amounts paid with a credit card are recorded in accounts and other receivables until payment is collected. We sell gift cards which do not have an expiration date and we do not deduct non-usage fees from outstanding gift card balances. Gift card sales are recorded as a liability and recognized as revenues upon redemption in our 13 -------------------------------------------------------------------------------- restaurants. Based on historical redemption rates, a portion of our gift card sales are not expected to be redeemed and will be recognized as gift card "breakage." Estimated gift card breakage is recorded as revenue and recognized in proportion to our historical redemption pattern, unless there is a legal obligation to remit the unredeemed gift cards to the relevant jurisdiction. The estimated gift card breakage is based on when the likelihood of redemption becomes remote, which has typically been 24 months after the original gift card issuance date. Our customer loyalty program enables participants to earn points for qualifying purchases that can be redeemed for food and beverages in the future. We allocate the transaction price between the goods delivered and the future goods that will be delivered, on a relative standalone selling price basis, and defer the revenues allocated to the points until such points are redeemed. All of our restaurants are Company-owned. In calculating comparable restaurant sales, we include a restaurant in the comparable base once it has been open for 18 months. Customer traffic for our restaurants is estimated based on customer checks. Cost of sales is comprised of food and beverage costs, including the cost to produce and distribute our proprietary craft beer, soda and ciders. The components of cost of sales are variable and typically fluctuate directly with sales volumes, but may be impacted by changes in commodity prices, a shift in sales mix to higher cost proteins or other higher cost items, or varying levels of promotional activities.
Labor and benefit costs include direct hourly and management wages, bonuses, payroll taxes, fringe benefits and stock-based compensation and workers' compensation expense that is directly related to restaurant level employees.
Occupancy and operating expenses include restaurant supplies, credit card fees, third-party delivery company commissions, marketing costs, fixed rent, percentage rent, common area maintenance charges, utilities, real estate taxes, repairs and maintenance and other related restaurant costs. General and administrative costs include all corporate administrative functions that support existing operations and provide infrastructure to facilitate our future growth. Components of this category include corporate management, field supervision and corporate hourly staff salaries and related employee benefits (including stock-based compensation expense and cash-based incentive compensation), travel and relocation costs, information systems, the cost to recruit and train new restaurant management employees, corporate rent, certain brand marketing-related expenses and legal, professional and consulting fees.
Depreciation and amortization are composed primarily of depreciation of capital expenditures for restaurant and brewing equipment and leasehold improvements.
Restaurant opening expenses, which are expensed as incurred, consist of the costs of hiring and training the initial hourly work force for each new restaurant, travel, the cost of food and supplies used in training, grand opening promotional costs, the cost of the initial stock of operating supplies and other direct costs related to the opening of a restaurant, including rent during the construction and in-restaurant training period. 14 --------------------------------------------------------------------------------
RESULTS OF OPERATIONS
The following table provides, for the periods indicated, our unaudited Consolidated Statements of Operations expressed as percentages of total revenues. The results of operations for the thirteen and thirty-nine weeks endedSeptember 28, 2021 andSeptember 29, 2020 , are not necessarily indicative of the results to be expected for the full fiscal year. Percentages below may not reconcile due to rounding. For the Thirteen Weeks Ended For the Thirty-Nine Weeks Ended September 28, September 29, September 28, September 29, 2021 2020 2021 2020 Revenues 100.0 % 100.0 % 100.0 % 100.0 % Restaurant operating costs (excluding depreciation and amortization): Cost of sales 27.2 24.6 26.2 24.9 Labor and benefits 37.2 37.5 36.6 39.5 Occupancy and operating 24.4 28.4 24.7 28.1 General and administrative 6.1 7.7 6.2 7.1 Depreciation and amortization 6.5 9.1 6.9 9.4 Restaurant opening 0.1 0.1 0.2 0.1 Loss on disposal and impairment of assets 1.0 0.1 0.4 2.5 Gain on lease transactions, net - (1.0 ) - (0.3 ) Total costs and expenses 102.5 106.4 101.1 111.4 Loss from operations (2.5 ) (6.4 ) (1.1 ) (11.4 ) Other (expense) income: Interest expense, net (0.4 ) (0.8 ) (0.5 ) (0.9 ) Gain from legal settlements - 1.1 - 0.4 Other income, net 0.2 0.3 0.1 0.1 Total other (expense) income (0.2 ) 0.6 (0.4 ) (0.4 ) Loss before income taxes (2.7 ) (5.7 ) (1.5 ) (11.7 ) Income tax benefit (1.9 ) (2.4 ) (1.6 ) (4.9 ) Net (loss) income (0.8 )% (3.3 )% 0.1 % (6.8 )%
Thirteen Weeks Ended
Revenues. Total revenues increased by$83.3 million , or 41.9%, to$282.2 million during the thirteen weeks endedSeptember 28, 2021 , from$198.9 million during the comparable thirteen week period of 2020. The increase in revenues primarily consisted of a 41.8%, or$81.4 million , increase in comparable restaurant sales, a$4.5 million increase in sales from new restaurants not yet in our comparable restaurant sales base, and a$0.4 million increase related to our temporarily closed restaurant, which was re-opened during the quarter, offset by a$2.9 million decrease in revenues related to less loyalty point expirations. At the beginning of the COVID-19 pandemic inMarch 2020 , we stopped expirations to allow customers to use their loyalty points at a later time. During the thirteen weeks endedSeptember 29, 2020 , we resumed the expiration of loyalty points, resulting in incremental revenue. The increase in comparable restaurant sales was the result of an increase in customer traffic of approximately 30.1%, coupled with an increase in average check of approximately 11.7%. The increase in customer traffic is due to the recovery from the COVID-19 pandemic and the full re-opening of our dine-in restaurant operations, which were curtailed during the comparable thirteen week period of 2020. Additionally, the increase in average check is due to our customers per check, menu mix and sales channels, which focused heavily on our deep dish pizza and family feast menu offerings for off-premise sales during the thirteen week period of 2020. Cost of Sales. Cost of sales increased by$27.7 million , or 56.6%, to$76.6 million during the thirteen weeks endedSeptember 28, 2021 , from$48.9 million during the comparable thirteen week period of 2020. This increase was primarily due to the increase in revenue, commodity cost increases and costs related to our three new restaurants opened since the thirteen weeks endedSeptember 29, 2020 . As a percentage of revenues, cost of sales increased to 27.2% for the current thirteen week period from 24.6% for the prior year comparable period. This increase was primarily due to overall menu mix and an increase in meat, seafood and liquor costs.
Labor and Benefits. Labor and benefit costs for our restaurants increased by
15 -------------------------------------------------------------------------------- rooms, and expenses related to the three new restaurants opened since the thirteen weeks endedSeptember 29, 2020 , offset by our Employee Retention Tax Credit in conjunction with the CARES Act. As a percentage of revenues, labor and benefit costs decreased to 37.2% for the current thirteen week period from 37.5% for the prior year comparable period. This decrease was primarily due to our ability to leverage management and hourly wages over comparable sales increases. Included in labor and benefits for the thirteen weeks endedSeptember 28, 2021 andSeptember 29, 2020 , was approximately$0.6 million and$0.7 million , or 0.2% and 0.4% of revenues, respectively, of stock-based compensation expense related to equity awards granted in accordance with our Gold Standard Stock Ownership Program for certain restaurant management employees. Occupancy and Operating. Occupancy and operating expenses increased by$12.5 million , or 22.1%, to$68.9 million during the thirteen weeks endedSeptember 28, 2021 , from$56.4 million during the comparable thirteen week period of 2020. This increase was primarily due to higher merchant credit card fees as a result of increased revenues, increased supply costs, higher janitorial services as a result of the re-opening of our dining rooms, and expenses related to the three new restaurants opened since the thirteen weeks endedSeptember 29, 2020 . As a percentage of revenues, occupancy and operating expenses decreased to 24.4% for the current thirteen week period from 28.4% for the prior year comparable period. This decrease was primarily due to our ability to leverage certain fixed operating and occupancy costs over a higher revenue base. General and Administrative. General and administrative expenses increased by$2.0 million , or 13.4%, to$17.3 million during the thirteen weeks endedSeptember 28, 2021 , from$15.3 million during the comparable thirteen week period of 2020. This increase was primarily due to increases in personnel, travel, recruiting and outside services as certain restrictions related to the COVID-19 pandemic eased and we returned back to more normal operations. Included in general and administrative costs for the thirteen weeks endedSeptember 28, 2021 andSeptember 29, 2020 , was approximately$1.8 million and$2.3 million , respectively, or 0.6% and 1.2% of revenues, respectively, of stock-based compensation expense. As a percentage of revenues, general and administrative expenses decreased to 6.1% for the current thirteen week period from 7.7% for the prior year comparable period. This decrease was primarily due to our ability to leverage our fixed costs over a higher revenue base. Depreciation and Amortization. Depreciation and amortization increased by$0.2 million , or 1.0%, to$18.2 million during the thirteen weeks endedSeptember 28, 2021 , compared to$18.0 million during the comparable thirteen week period of 2020. This increase was primarily related to the three new restaurants opened since the thirteen weeks endedSeptember 29, 2020 , offset by the impairment and reduction of carrying value related to one of our restaurants during the quarter. As a percentage of revenues, depreciation and amortization decreased to 6.5% for the current thirteen week period from 9.1% for the prior year comparable period. This decrease was primarily due to a higher revenue base. Restaurant Opening. Restaurant opening expense increased by$0.2 million , or 193.0%, to$0.4 million during the thirteen weeks endedSeptember 28, 2021 , compared to$0.1 million during the comparable thirteen week period of 2020. This increase was primarily due to the re-opening of ourRichmond, Virginia restaurant that was temporarily closed due to the COVID-19 pandemic. We did not open any new restaurants during either of the thirteen weeks endedSeptember 28, 2021 orSeptember 29, 2020 . Loss on Disposal and Impairment of Assets. Loss on disposal and impairment of assets was$2.7 million during the thirteen weeks endedSeptember 28, 2021 , and$0.2 million during the comparable thirteen week period of 2020. For the thirteen weeks endedSeptember 28, 2021 , these costs were primarily related to the impairment and reduction in the carrying value of the long-lived and operating lease assets related to one of our restaurants. For the comparable thirteen week period of 2020, these costs were primarily related to the disposals of assets in conjunction with initiatives to keep our restaurants up to date, coupled with disposal of certain unproductive restaurant assets.
Gain on Lease Transactions, net. Gain on lease transactions, net, of
Interest Expense, Net. Interest expense, net, decreased by$0.6 million to$1.0 million during the thirteen weeks endedSeptember 28, 2021 , compared to$1.6 million during the comparable thirteen week period of 2020. This decrease was primarily due to a lower average debt balance during the thirteen weeks endedSeptember 28, 2021 , compared to the comparable thirteen week period of 2020. Gain from Legal Settlements. Gain from legal settlements, of$2.3 million during the thirteen weeks endedSeptember 29, 2020 , related to a settlement with credit card providers pertaining to interchange fees and a settlement related to a maintenance agreement to repair our handheld tablets. Other Income, Net. Other income, net, decreased by$0.2 million to$0.4 million of income during the thirteen weeks endedSeptember 28, 2021 , compared to$0.6 million of income during the comparable thirteen week period of 2020. This was primarily related to the decrease in the cash surrender value of certain life insurance policies under our deferred compensation plan. Income Tax Benefit. Our effective income tax rate for the thirteen weeks endedSeptember 28, 2021 reflected a 71.2% tax benefit rate compared to a 42.3% tax benefit rate for the comparable thirteen week period of 2020. The effective tax rate benefit for the thirteen weeks endedSeptember 28, 2021 was different than the statutory tax rate primarily due to FICA tax tip credits, excess tax deductions realized for stock-based compensation and the employee retention credit. The prior year effective tax rate benefit was different than 16 -------------------------------------------------------------------------------- the statutory rate primarily due to FICA tax tip credits and the incremental benefit arising from the ability to carryback the 2020 loss to prior years when the tax rate was at 35%.
Thirty-Nine Weeks Ended
Revenues. Total revenues increased by$214.3 million , or 36.8%, to$795.8 million during the thirty-nine weeks endedSeptember 28, 2021 from$581.5 million during the comparable thirty-nine week period of 2020. The increase in revenues primarily consisted of a 35.8%, or$205.0 million , increase in comparable restaurant sales, a$10.3 million increase in sales from new restaurants not yet in our comparable restaurant sales base, offset by a$0.3 million decrease related to our temporarily closed restaurant due to the COVID-19 pandemic. The increase in comparable restaurant sales was the result of an increase in customer traffic of approximately 22.5%, coupled with an increase in average check of approximately 13.3%. Cost of Sales. Cost of sales increased by$63.6 million , or 44.0%, to$208.4 million during the thirty-nine weeks endedSeptember 28, 2021 , from$144.7 million during the comparable thirty-nine week period of 2020. This increase was primarily due to the increase in revenues, commodity cost increases and costs related to our three new restaurants opened since the thirty-nine weeks endedSeptember 29, 2020 . As a percentage of revenues, cost of sales increased to 26.2% for the current thirty-nine week period from 24.9% for the prior year comparable period. This increase was primarily due to overall menu mix and an increase in meat and seafood costs. Labor and Benefits. Labor and benefit costs for our restaurants increased by$61.0 million , or 26.5%, to$290.9 million during the thirty-nine weeks endedSeptember 28, 2021 from$229.9 million during the comparable thirty-nine week period of 2020. This increase was primarily due to the increase in revenue resulting from the re-opening of our dining rooms, which were closed or restricted in operation during the same period in 2020, coupled with higher incentive compensation, higher training and overtime costs due to the full re-opening of our dining rooms, and expenses related to the three new restaurants opened since the thirty-nine weeks endedSeptember 29, 2020 , offset by our Employee Retention Tax Credit in conjunction with the CARES Act. As a percentage of revenues, labor and benefit costs decreased to 36.6% for the current thirty-nine week period from 39.5% for the prior year comparable period. This decrease was primarily due to our ability to leverage management and hourly wages over our comparable sales increases during the thirty-nine weeks endedSeptember 28, 2021 . Included in labor and benefits for the thirty-nine weeks endedSeptember 28, 2021 andSeptember 29, 2020 was approximately$2.2 million and$2.0 million , respectively, or 0.3% of revenues of stock-based compensation expense related to equity awards granted in accordance with our Gold Standard Stock Ownership Program for certain restaurant management employees. Occupancy and Operating. Occupancy and operating expenses increased by$32.8 million , or 20.0%, to$196.3 million during the thirty-nine weeks endedSeptember 28, 2021 from$163.5 million during the comparable thirty-nine week period of 2020. This increase was primarily due to higher commissions to third-party delivery companies as a result of increased off-premise sales, higher merchant card fees and percentage rent as a result of increased revenues, increased supply costs, increased janitorial service costs, and expenses related to the three new restaurants opened since the thirty-nine weeks endedSeptember 29, 2020 . As a percentage of revenues, occupancy and operating expenses decreased to 24.7% for the current thirty-nine week period from 28.1% for the prior year comparable period. This decrease was primarily due to our ability to leverage certain fixed operating and occupancy costs over a higher revenue base. General and Administrative. General and administrative expenses increased by$8.3 million , or 20.0%, to$49.6 million during the thirty-nine weeks endedSeptember 28, 2021 , from$41.3 million during the comparable thirty-nine week period of 2020. This increase was primarily due to increased personnel costs, including higher incentive compensation, salaries and deferred compensation expense, and general corporate and office expenses. Frommid-April 2020 untilmid-September 2020 , restaurant support center salaries were reduced for all employees making over$100,000 , and cash retainer payments to members of our Board of Directors were similarly reduced. The increase in deferred compensation expense relates to an increase in the cash surrender value of our life insurance policies under our deferred compensation plan and is offset by higher other income included in "Other income (expense), net" on our Unaudited Consolidated Statements of Operations. Included in general and administrative costs for the thirty-nine weeks endedSeptember 28, 2021 andSeptember 29, 2020 was approximately$5.3 million and$4.8 million , respectively, or 0.7% and 0.8% of revenues, respectively, of stock-based compensation expense. As a percentage of revenues, general and administrative expenses decreased to 6.2% for the current thirty-nine week period from 7.1% for the prior year comparable period. This decrease was primarily due to a higher revenue base. Depreciation and Amortization. Depreciation and amortization was$54.7 million during the thirty-nine weeks endedSeptember 28, 2021 , and the comparable thirty-nine week period of 2020. The increase related to the three new restaurants opened since the thirty-nine weeks endedSeptember 29, 2020 is offset by the decrease related to the impairment and reduction of carrying value related to five restaurants in 2020 and one restaurant in 2021. As a percentage of revenues, depreciation and amortization decreased to 6.9% for the current thirty-nine week period from 9.4% for the prior year comparable period. This decrease was primarily due to a higher revenue base. Restaurant Opening. Restaurant opening expense increased by$0.4 million , or 48.8%, to$1.2 million during the thirty-nine weeks endedSeptember 28 , 2021compared to$0.8 million during the comparable thirty-nine week period of 2020. This increase was primarily due to the timing of our restaurant openings during the period. We opened two new restaurants and re-opened one restaurant, 17 --------------------------------------------------------------------------------
which was temporarily closed due to the COVID-19 pandemic, during the
thirty-nine weeks ended
Loss on Disposal and Impairment of Assets. Loss on disposal and impairment of assets was$3.2 million during the thirty-nine weeks endedSeptember 28, 2021 , and$14.5 million during the comparable thirty-nine week period of 2020. For the thirty-nine weeks endedSeptember 28, 2021 these costs were primarily related to the impairment and reduction in the carrying value of the long-lived and operating lease assets related to one of our restaurants, coupled with the disposals of assets in conjunction with initiatives to keep our restaurants up to date and the disposal of certain unproductive restaurant assets. For the comparable thirty-nine week period of 2020, these costs primarily related to the impairment and reduction in the carrying value of the long-lived and operating lease assets related to five of our restaurants, coupled with a charge to reserve for beer spoilage due to the sudden decrease in draft beer sales as a result of the COVID-19 pandemic and routine asset disposals.
Gain on Lease Transactions, net. Gain on lease transactions, net, of
Interest Expense, Net. Interest expense, net, decreased by$1.0 million to$4.0 million during the thirty-nine weeks endedSeptember 28, 2021 compared to$5.1 million during the comparable thirty-nine week period of 2020. This decrease was primarily due to a lower average debt balance during the thirty-nine weeks endedSeptember 28, 2021 , compared to the comparable thirty-nine week period of 2020. Gain from Legal Settlements. Gain from legal settlements of$2.3 million during the thirty-nine weeks endedSeptember 29, 2020 , related to a settlement with credit card providers pertaining to interchange fees and a settlement related to a maintenance agreement to repair our handheld tablets. Other Income, Net. Other income, net, increased by$0.2 million to$0.8 million of income during the thirty-nine weeks endedSeptember 28, 2021 , compared to$0.6 million of expense during the comparable thirty-nine week period of 2020. This increase was primarily due to the increase in the cash surrender value of certain life insurance policies under our deferred compensation plan. This increase offsets the related deferred compensation expense impact included in "General and administrative" expenses on our Unaudited Consolidated Statements of Operations. Income Tax Benefit. Our effective income tax rate for the thirty-nine weeks endedSeptember 28, 2021 reflected a 108.9% tax benefit rate compared to a 41.7% tax benefit rate for the comparable thirty-nine week period of 2020. The effective tax rate benefit for the thirty-nine weeks endedSeptember 28, 2021 was different than the statutory tax rate primarily due to FICA tax tip credits, excess tax deductions realized for stock-based compensation and the employee retention credit. The prior year effective tax rate benefit was different than the statutory rate primarily due to FICA tax tip credits and the incremental benefit arising from the ability to carryback the 2020 loss to prior years when the tax rate was at 35%.
LIQUIDITY AND CAPITAL RESOURCES
The following table provides, for the periods indicated, a summary of our key liquidity measurements (dollars in thousands):
September 28, 2021 December 29, 2020 Cash and cash equivalents $ 59,815 $ 51,664 Net working capital $ (72,909 ) $ (82,609 ) Current ratio 0.6:1.0 0.5:1.0 As a result of uncertainties in the near-term outlook for our business caused by the COVID-19 pandemic, we continue to focus on cash flow generation. Currently, we have no intention to repurchase shares or pay dividends until it is determined that it is in the best interest of the Company and its shareholders and that it is permitted under our Credit Facility. We will review and, when appropriate, adjust our overall approach to capital allocation as we know more about the ultimate duration of the COVID-19 pandemic and how the post-pandemic recovery will unfold and affect revenues and costs at our restaurants. 18 -------------------------------------------------------------------------------- We are taking what we believe to be necessary and appropriate measures to control costs and maximize liquidity. Our$70 million (before commission and other fees) private placement of common stock completed inMay 2020 and our$30 million sale (before commission and other fees) of common stock through our ATM offering program, completed inJanuary 2021 , have strengthened our financial position. As ofSeptember 28, 2021 , we have approximately$59.8 million of cash on our balance sheet, with an additional$124.4 million of borrowings available under our Credit Facility. See Note 4 of Notes to Unaudited Consolidated Financial Statements in Part I, Item 1 of this report for further information on our Credit Facility. Based on the current level of operations, we believe that our current cash and cash equivalents will be adequate to meet our capital expenditure and working capital needs for at least the next twelve months. Our future operating performance will be subject to future economic conditions and to financial, business and other factors, many of which are beyond our control. Similar to many restaurant chains, we typically utilize operating lease arrangements (principally ground leases) for the majority of our restaurant locations. We believe our operating lease arrangements provide appropriate leverage for our capital structure in a financially efficient manner. However, we are not limited to the use of lease arrangements as our only method of opening new restaurants and from time to time have purchased the underlying land for new restaurants. We typically lease our restaurant locations for periods of 10 to 20 years under operating lease arrangements. Our rent structures vary from lease to lease, but generally provide for the payment of both minimum and contingent (percentage) rent based on sales, as well as other expenses related to the leases (for example, our pro-rata share of common area maintenance, property tax and insurance expenses). Many of our lease arrangements include the opportunity to secure tenant improvement allowances to partially offset the cost of developing and opening the related restaurants. Generally, landlords recover the cost of such allowances from increased minimum rents. However, there can be no assurance that such allowances will be available to us on each project. From time to time, we may also decide to purchase the underlying land for a new restaurant if that is the only way to secure a highly desirable site. Currently, we own the underlying land for ourTexas brewpub locations. We also own two parcels of land adjacent to two of our restaurants. It is not our current strategy to own a large number of land parcels that underlie our restaurants. Therefore, in many cases we have subsequently entered into sale-leaseback arrangements for land parcels that we previously purchased. We disburse cash for certain site-related work, buildings, leasehold improvements, furnishings, fixtures and equipment to build our leased and owned premises. We own substantially all of the equipment, furniture and trade fixtures in our restaurants and currently plan to do so in the future.
CASH FLOWS
The following tables set forth, for the periods indicated, our cash flows from operating, investing, and financing activities (in thousands):
For the Thirty-Nine Weeks Ended September 28, 2021 September 29, 2020 Net cash provided by operating activities $ 46,242 $ 36,222 Net cash used in investing activities (25,145 ) (28,175 ) Net cash (used in) provided by financing activities (12,946 ) 34,483 Net increase in cash and cash equivalents $ 8,151 $ 42,530 Operating Cash Flows Net cash provided by operating activities was$46.2 million during the thirty-nine weeks endedSeptember 28, 2021 , representing a$10.0 million increase from the$36.2 million provided by during the thirty-nine weeks endedSeptember 29, 2020 . The increase over the prior year is primarily due to higher net income during the thirty-nine weeks endedSeptember 28, 2021 , offset by higher operating lease obligation payments as a result of prior year rent deferrals, the timing of accounts and other receivables collections and accounts payable payments. Investing Cash Flows Net cash used in investing activities was$25.1 million during the thirty-nine weeks endedSeptember 28, 2021 , representing a$3.0 million decrease from the$28.2 million used during the thirty-nine weeks endedSeptember 29, 2020 . The decrease over prior year is primarily due to the timing of restaurant openings, coupled with the suspension of nonessential capital expenditures due to the COVID-19 pandemic. 19
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The following table provides, for the periods indicated, the components of capital expenditures (in thousands):
For the Thirty-Nine Weeks Ended September 28, 2021 September 29, 2020 New restaurants $ 11,706 $ 15,825 Restaurant maintenance and key productivity initiatives 11,871 14,021 Restaurant and corporate systems 1,589 2,139 Total capital expenditures $ 25,166 $ 31,985 As ofNovember 1, 2021 , we have opened two new restaurants during fiscal 2021 as well as re-opening ourRichmond, Virginia restaurant. OurRichmond restaurant was our only location that remained closed due to the COVID-19 pandemic. We currently plan to open at least eight restaurants in fiscal 2022, and we have entered into signed leases, land purchase agreements or letters of intent for all of our 2022 new restaurant locations. Our new restaurant unit economics continue to warrant an appropriate allocation of our available capital, and we will continue to balance new restaurant growth with quality and hospitality. Financing Cash Flows Net cash used in financing activities was$12.9 million during the thirty-nine weeks endedSeptember 28, 2021 , representing a$47.4 million decrease from the$34.5 million provided during the thirty-nine weeks endedSeptember 29, 2020 . This decrease was primarily due to Line of Credit payments and lower proceeds from the issuance of common stock during the thirty-nine weeks endedSeptember 28, 2021 . See Note 4 of Notes to Unaudited Consolidated Financial Statements in Part I, Item 1 of this report for further information on our Credit Facility. At the onset of the pandemic in 2020, we took the necessary steps to maximize our liquidity by drawing down on our Line of Credit and selling$70 million of our common stock. Additionally, inJanuary 2021 , we completed the sale of an aggregate of 703,399 shares of common stock for proceeds of$30 million (before commission and other fees) through an ATM offering program. See Note 10 of Notes to Unaudited Consolidated Financial Statements in Part I, Item 1 of this report for further information on our ATM offering. We believe that we have sufficient liquidity for the next twelve months as a result of the actions we undertook, the improving operating environment and our current capital position. However, given the events of the COVID-19 pandemic as well as the post pandemic recovery, we will continue to monitor and evaluate all financing alternatives as these unprecedented events evolve.
OFF-BALANCE SHEET ARRANGEMENTS
We do not participate in transactions that generate relationships with unconsolidated entities or financial partnerships, such as entities often referred to as structured finance or variable interest entities ("VIEs"), which would have been established for the purpose of facilitating off-balance sheet arrangements or other contractually narrow limited purposes. As ofSeptember 28, 2021 , we are not involved in any off-balance sheet arrangements.
IMPACT OF INFLATION
Inflation on food, labor, energy and occupancy costs can significantly affect the profitability of our restaurant operations. Our profitability is dependent, among other things, on our ability to anticipate and react to changes in the cost of key operating resources, including food and other raw materials, labor, energy and other supplies and services. Substantial increases in costs and expenses could impact our operating results to the extent that such increases cannot be passed along to our restaurant customers. While we have taken steps to enter into agreements for some of the commodities used in our restaurant operations, there can be no assurance that future supplies and costs for such commodities will not fluctuate due to weather or other market conditions outside of our control. We are currently unable to contract for certain commodities, such as fluid dairy, fresh meat or seafood, and most fresh produce items for long periods of time. Consequently, such commodities can be subject to unforeseen supply and cost fluctuations. A general shortage in the availability of qualified restaurant managers and hourly workers in certain geographic areas in which we operate, which shortage has been exacerbated by continuing effects of the COVID-19 pandemic, has caused increases in the costs of recruiting and compensating such employees. Many of our restaurant employees are paid hourly rates subject to the federal, state or local minimum wage requirements. Numerous state and local governments have their own minimum wage and other regulatory requirements for employees that are generally greater than the federal minimum wage and are subject to annual increases based on changes in their local consumer price indices. Additionally, certain operating and other costs, including health benefits in compliance with the Patient Protection and Affordable Care Act, taxes, insurance, COVID-19 pandemic related benefits, and other outside services continue to increase with the general level of inflation and may also be subject to other cost and supply fluctuations outside of our control.
While we have been able to partially offset inflation and other changes in the costs of key operating resources by gradually increasing prices of our menu items, coupled with more efficient purchasing practices, productivity improvements and greater economies of
20 -------------------------------------------------------------------------------- scale, there can be no assurance that we will be able to continue to do so in the future. From time to time, competitive conditions will limit our menu pricing flexibility. In addition, macroeconomic conditions that impact consumer discretionary spending for food away from home could make additional menu price increases imprudent. There can be no assurance that all of our future cost increases can be offset by higher menu prices or that higher menu prices will be accepted by our restaurant customers without any resulting changes in their visit frequencies or purchasing patterns. Many of the leases for our restaurants provide for contingent rent obligations based on a percentage of sales. As a result, rent expense will absorb a proportionate share of any menu price increases in our restaurants. There can be no assurance that we will continue to generate increases in comparable restaurant sales in amounts sufficient to offset inflationary or other cost pressures.
SEASONALITY AND ADVERSE WEATHER
Our business is impacted by weather and other seasonal factors that typically impact other restaurant operations. Holidays (and shifts in the holiday calendar) and severe weather including hurricanes, tornados, thunderstorms, snow and ice storms, prolonged extreme temperatures and similar conditions may impact restaurant sales volumes in some of the markets where we operate. Many of our restaurants are located in or near shopping centers and malls that typically experience seasonal fluctuations in sales. Quarterly results have been and will continue to be significantly impacted by the timing of new restaurant openings and their associated restaurant opening expenses. As a result of these and other factors, our financial results for any given quarter may not be indicative of the results that may be achieved for a full fiscal year.
CRITICAL ACCOUNTING POLICIES
The preparation of financial statements in accordance withU.S. GAAP requires us to make estimates and assumptions affecting the reported amounts of assets and liabilities at the date of the financial statements and the reported amounts of net revenues and expenses in the reporting period. We base our estimates and assumptions on current facts, historical experience and various other factors that we believe to be reasonable under the circumstances, the results of which form the basis for making judgments about the carrying values of assets and liabilities and the accrual of costs and expenses that are not readily apparent from other sources. We continually review the estimates and underlying assumptions to ensure they are appropriate for the circumstances. Accounting assumptions and estimates are inherently uncertain and actual results may differ materially from our estimates. A summary of our other critical accounting policies is included in Management's Discussion and Analysis of Financial Condition and Results of Operations contained in our Annual Report on Form 10-K for the fiscal year endedDecember 29, 2020 . During the thirty-nine weeks endedSeptember 28, 2021 , there were no significant changes in our critical accounting policies.
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