Financial Statement Analysis PDF

Chapter 7 Analysis of Financial Statements 1 Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 7- Learning Objectives ...

Chapter 7 Analysis of Financial Statements 1 Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 7- Learning Objectives  Describe the financial statements that corporations publish, and discuss the information each statement provides.  Discuss how investors utilize financial statements.  Describe ratio analysis and discuss why the results of such an analysis are important to both managers and investors.  Describe some potential problems (caveats) that are associated with financial statement analysis.  Explain the most important ingredient (factor) in financial statement analysis. Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 2 Financial Statements and Reports Annual Report  A report issued annually by a corporation to its stockholders  Management’s opinion of the past year’s operations and the firm’s future prospects Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 3 Financial Statements and Reports Annual Report  Basic financial statements  Balance sheet  Income statement  Statement of retained earnings  Statement of cash flows Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 4 Financial Statements and Reports  Balance Sheet - A statement of the firm’s financial position at a specific point in time Balance Sheet Format INVESTMENTS FINANCING Current Assets (Short-Term Investment) Total Liabilities (Debt) Current Liabilities (Short-Term Debt) Cash and equivalents Accounts receivable Inventory Accounts payable Accruals (wages & taxes) Notes payable Fixed Assets (Long-Term Investment) Long-Term Debt Corporate bonds Property, plant, and equipment Owners’ (Stockholders’) Equity Common stock Retained earnings TOTAL ASSETS = TOTAL LIABILITIES & EQUITY Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 5 Financial Statements and Reports  Balance Sheet - points worth noting 1. Cash versus other assets 2. Accounting alternatives  FIFO (first-in, first-out) or LIFO (last-in, first-out)  Accelerated or straight-line depreciation 3. Breakdown of common equity account  Common stock  Paid-in capital  Retained earnings Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 6 Financial Statements and Reports  Balance Sheet - points worth noting 4. Book values versus market values 5. The time dimension  Balance sheet is a snapshot of the firm’s financial position at a specific point in time Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 7 Financial Statements and Reports Income Statement  A statement summarizing the firm’s revenues and expenses over an accounting period, generally a quarter or a year Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 8 Financial Statements and Reports Accounting income versus cash flow  Cash flows  The cash receipts and the cash disbursements, as opposed to the revenues and expenses reported for computation of net income, generated by a firm during some specified period  Accrual accounting Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 9 Financial Statements and Reports Accounting income versus cash flow  Accounting profit  A firm’s net income as reported on its income statement  Operating cash flows  Those cash flows that arise from normal operations  The difference between cash collections and cash expenses Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 10 Financial Statements and Reports Statement of cash flows  A statement reporting the impact of a firm’s operating, investing, and financing activities on cash flows over an accounting period Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 11 Financial Statements and Reports Statement of cash flows  Sources of cash  Increase in liability or equity account  Decrease in an asset account  Uses of cash  Decrease in a liability or equity account  Increase in an asset account Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 12 Argile Textiles: Cash Sources & Uses 2015 ( million $) Account Balance as of: 12/31/15 12/31/14 Balance Sheet Changes Cash and marketable securities Accounts receivable Inventory Gross plant and equipment Accounts payable Accruals Notes payable Long-term bonds Common stock (11 million shares) Income Statement Information Net income Add: depreciation Gross cash flow from operations Dividend payment Totals $ 10.0 90.0 135.0 345.0 15.0 30.0 20.0 152.0 65.0 $ 20.0 80.0 101.0 300.0 8.0 27.0 18.0 128.0 65.0 $ 27.0 30.0 $ 57.0 Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Change Sources Uses $ 10.0 $( 10.0) ( 34.0) ( 45.0) 7.0 3.0 2.0 24.0 --- --- 57.0 $103.0 ( 14.0) $103.0 13 Argile Textiles: Statement of Cash Flows (for the period ending Dec. 31, 2015) Cash Flows from Operating Activities Net income Additions (adjustments) to net income Depreciationa Increase in accounts payable Increase in accruals Subtractions (adjustments) from net income Increase in accounts receivable Increase in inventory Net cash flow from operations Cash Flows from Long-Term Investing Activities Acquisition of fixed assets Cash Flows from Financing Activities Increase in notes payable Increase in long-term bonds Dividend payment Net cash flow from financing Net change in cash Cash at the beginning of the year Cash at the end of the year $ 27.0 30.0 7.0 3.0 (10.0) (34.0) $ 23.0 $(45.0) $ 2.0 24.0 (14.0) Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. $ 12.0 $( 10.0) 20.0 $ 10.0 14 Financial Statements and Reports  Statement of Retained Earnings  A statement reporting changes in the firm’s retained earnings as a result of the income generated and retained during the year  The balance sheet figure for retained earnings is the sum of the earnings retained for each year the firm has been in business Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 15 Argile Textiles: Statement of Retained Earnings for the Year Ending December 31, 2015 ($ million) Balance of retained earnings, December 31, 2014 Add: 2015 net income Less: 2015 dividends to stockholders Balance of retained earnings, December 31, 2015 Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. $129.0 27.0 ( 14.0) $142.0 16 How Do Investors Use Financial Statements?  Working (Operating Capital)  Short-term financing  Short-term investing  Net working capital = Current assets less Current liabilities  Operating Cash Flows  Free Cash Flow  Economic Value Added (EVA) Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 17 Net Operating Working Capital æ ö æ Non-interest-bearing ö Net operating Current assets = NOWC=ç required for operations ÷-ç ÷ working capital current liabilities è ø è ø ( ) ( Net operating Current assets = NOWC = working capital required for operations Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. ) bearing - Non-interest current liabilities 18 Operating Cash Flow Operating =é NOI(1-Tax rate)ù+æç Depreciation and û ç amortization expense cash flow ë è æ =çç è Net operating profit after taxes ö æ ÷÷+çç ø è Depreciation and amortization expense Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. ö ÷÷ ø ö ÷÷ ø 19 Free Cash Flow Free Cash = æç Operating ö÷Flow (FCF) è cash flow ø æ =ç è Investments Operating ö÷-(D Fixed assets + NOWC) cash flow ø Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 20 Economic Value Added éæ ö æ After-tax cost of Economic value Invested ÷´ç = NOI(1- Tax rate) - êçç added (EVA) êëè capital ÷ø çè funds as a percent Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. öù ÷ú ÷ú øû 21 Ratio Analysis  Objective is to anticipate future financial conditions Starting point for planning future actions Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 22 Ratio Analysis—Liquidity Ratios  Liquid Asset  An asset that can be easily converted into cash without significant loss of its original value  Liquidity Ratios  Ratios that relate the firm’s cash and other assets to its current liabilities  Indicate how well a firm can meet its current obligations Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 23 Ratio Analysis—Liquidity Ratios Current Ratio  Indicates the extent to which current liabilities are covered by assets expected to be converted into cash in the near future Current assets Current ratio = Current liabilities Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 24 Ratio Analysis—Liquidity Ratios Quick (acid test) Ratio  Deducts inventories from current assets and divides the remainder by current liabilities  A variation of the current ratio Current assets - Inventory Quick ratio = Current liabilities Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 25 Ratio Analysis—Asset Mgmt Ratios Asset Management Ratios  Ratios that measure how effectively a firm is managing its assets Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 26 Ratio Analysis—Asset Mgmt Ratios Inventory Turnover Ratio Cost of goods sold Variable operating costs = = Inventory Inventory Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 27 Ratio Analysis—Asset Mgmt Ratios Days Sales Outstanding (DSO) Receivables Receivables = = Average sales per day é Annual sales ù êë ú û 360 Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 28 Ratio Analysis—Asset Mgmt Ratios Fixed Assets Turnover Ratio Sales = Net fixed assets Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 29 Ratio Analysis—Asset Mgmt Ratios Total Assets Turnover Ratio Sales = Total assets Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 30 Ratio Analysis—Debt Mgmt Ratios Debt management ratios  Analyze the company’s use of debt Financial leverage  The use of debt financing Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 31 Ratio Analysis—Debt Mgmt Ratios Debt Ratio Total liabilities = Total assets Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 32 Ratio Analysis—Debt Mgmt Ratios Times-Interest-Earned (TIE) Ratio EBIT = Interest Charges Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 33 Ratio Analysis—Debt Mgmt Ratios Fixed Charge Coverage Ratio = ( EBIT+Lease payments é ù Sinking fund payment Interest + Lease +ê ú charges payments ë (1-Tax rate) û )( ) Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 34 Ratio Analysis—Profitability Ratios Profitability Ratios  Ratios showing the effect of liquidity, asset management, and debt management on operating results Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 35 Ratio Analysis—Profitability Ratios Net Profit Margin on Sales Net profit = Sales Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 36 Ratio Analysis—Profitability Ratios Return on Total Assets (ROA) Net income = Total assets Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 37 Ratio Analysis—Profitability Ratios Return On Common Equity (ROE) æ Net income available çç è to common stockholders = Total assets Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. ö ÷÷ ø 38 Ratio Analysis—Mkt Value Ratios Market Value Ratios  Ratios that relate the firm’s stock price to its earnings and book value per share Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 39 Ratio Analysis—Mkt Value Ratios Earnings Per Share (EPS) Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 40 Ratio Analysis—Mkt Value Ratios Price/Earnings (P/E) Ratio Market price per share = Earnings per share Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 41 Ratio Analysis—Mkt Value Ratios Book Value Per Share Common equity = Number of common shares outstanding Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 42 Ratio Analysis—Mkt Value Ratios Market/Book (M/B) Ratio Market price per share = Book value per share Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 43 Ratio Analysis Trend Analysis  An analysis of a firm’s financial ratios over time  Used to determine whether a firm’s financial position is improving or deteriorating Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 44 Ratio Analysis Summary of ratio analysis: The Du Pont Analysis  An analysis designed to show the relationships among return on investment, asset turnover, the profit margin, and leverage Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 45 Ratio Analysis Du Pont Equation ROA = Net profit margin ´ Total assets turnover = Net income Sales ´ Sales Total Assets Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 46 Ratio Analysis Comparative ratio analysis (benchmarking)  An analysis based on a comparison of a firm’s ratios with those of other firms in the same industry at a particular point in time Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 47 Uses and Limitations of Ratio Analysis 1. Large firms operate divisions in different industries  Difficult to develop meaningful industry averages 2. If the goal is to be better than average, industry averages are not the target  Focus on the industry leaders’ ratios Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 48 Uses and Limitations of Ratio Analysis 3. Inflation distorts balance sheets  Depreciation and inventory costs affect income statements  Comparative analysis of firm over time  Comparing firms of different ages Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 49 Uses and Limitations of Ratio Analysis 4. Seasonal factors distort ratios  Use monthly averages as base for inventory and receivables instead of one particular month 5. Window dressing techniques  Make financial statements appear better than they actually are  Borrowing “long-term” to be repaid quickly distorts liquidity ratios Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 50 Uses and Limitations of Ratio Analysis 6. Different accounting practices  Distorts comparisons  Inventory valuation  Depreciation methods Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 51 Uses and Limitations of Ratio Analysis 7. Difficult to generalize about “good” or “bad” ratios  High current ratio can indicate strong liquidity or excessive cash  High fixed assets turnover can indicate efficient use or undercapitalized Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 52 Uses and Limitations of Ratio Analysis 8. Firm may have some “good” ratios and others that look “bad”  Difficult to tell whether overall the company is strong or weak  Statistical procedures can analyze the net effects of a set of ratios The most important and most difficult part of effective ratio analysis is the judgment that must be used to reach conclusions about a firm’s financial position. Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 53 Chapter Principles Key Analysis of Financial Statements Concepts  What financial statements do corporations publish, and what information does each provide?  Balance sheet - a snapshot of firm’s assets and how they are financed  Income statement - revenues earned and expenses incurred are netted to compute the bottom line  Statement of cash flows - activities that generated funds and those that used funds  Statement of retained earnings - shows what caused changes in the firm’s common equity Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 54 Chapter Principles Key Analysis of Financial Statements Concepts  How do investors utilize financial statements?  Help investors determine the financial position of the firm to help estimate cash flows the firm will generate in the future  What is ratio analysis and why are the results important to both managers and investors?  Is used to evaluate the firm’s current financial position and the direction this position is expected to take in the future  Investors form opinions about the safety of their investments  Managers plan actions that will correct the firm’s weaknesses and take advantage of its strengths Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 55 Chapter Principles Key Analysis of Financial Statements Concepts  What are some potential problems associated with financial statement analysis?  Classifying a large conglomerate firm into an industry category or finding firms to compare  Inflation can distort numbers  Seasonal firms have wide swings in their operating accounts  Firms can use GAAP to manipulate financial numbers  Difficult to form conclusions when some ratios look good and others look bad. Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 56 Chapter Principles Key Analysis of Financial Statements Concepts  What is the most important ingredient in financial statement analysis?  Judgment must be used when interpreting financial ratios and therefore different analysts might reach different conclusions  Conclusions might not always be correct Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 57 End of Chapter 7 Analysis of Financial Statements Principles of Finance 6e, Chapter 7 Analysis of Financial Statements © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 58