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REG - Burford Capital Ltd - 1Q23 Results & Quarterly Report

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RNS Number : 5570C  Burford Capital Limited  13 June 2023

 

13 June 2023

 

 

BURFORD CAPITAL REPORTS FIRST QUARTER 2023 FINANCIAL RESULTS;

PORTFOLIO-WIDE MOMENTUM DRIVES STRONG REVENUE GROWTH

 

Burford Capital Limited ("Burford"), the leading global finance and asset
management firm focused on law, today announces its unaudited financial
results at and for the three months ended March 31, 2023 ("1Q23").(1)
Burford's report on Form 6-K for 1Q23, including unaudited condensed
consolidated financial statements (the "1Q23 Quarterly Report"), is available
at http://www.rns-pdf.londonstockexchange.com/rns/5570C_1-2023-6-13.pdf
(http://www.rns-pdf.londonstockexchange.com/rns/5570C_1-2023-6-13.pdf)  and
on the Burford Capital website at http://investors.burfordcapital.com
(http://investors.burfordcapital.com) .

 

Christopher Bogart, Chief Executive Officer of Burford Capital, commented:

 

"We saw continued positive momentum in the first quarter of 2023 in the
progression of our portfolio as court activity and legal processes further
normalized in the aftermath of the Covid-19 pandemic. The breadth of the case
activity pick-up was reflected in capital provision income, excluding our
YPF-related assets, more than doubling to $185 million compared to 1Q22,
comprising almost a sixfold increase in realized gains and 41% growth in
unrealized gains. Fair value gains arising from the favorable summary judgment
ruling in our YPF-related assets contributed to an extraordinary first quarter
for total revenues, driving growth in capital provision income of 238% to
reach nearly $500 million. As an indicator of ongoing portfolio activity, an
additional 12 case milestones have occurred since our May 16 update when we
had observed 28 milestones and expected 61 more through the remainder of the
year."

 

(1) All 1Q23 figures in this announcement are unaudited and presented on a
consolidated basis in accordance with the generally accepted accounting
principles in the United States ("US GAAP"), unless otherwise stated.
Definitions, reconciliations and information additional to those set forth in
this announcement are available on the Burford Capital website and in the 1Q23
Quarterly Report (as defined above). In addition, Burford applied its revised
valuation methodology for capital provision assets to its unaudited condensed
consolidated financial statements at March 31, 2023 and for the three months
ended March 31, 2023 and 2022 included in this announcement. As Burford has
not previously issued quarterly financial statements, its unaudited condensed
consolidated financial statements for the three months ended March 31, 2022
are not technically restated.

 

 

1Q23 highlights

 

 New business

 Group-wide new business

 •            New commitments of $165 million, up 102% compared to 1Q22 (1Q22: $82 million)
 •            Deployments of $129 million, up 1% compared to 1Q22 (1Q22: $128 million)

 Burford-only capital provision-direct assets, representing assets capable of
 generating highest profits for our equity shareholders

 •            New commitments of $101 million, up 130% compared to 1Q22 (1Q22: $44 million)
 •            Deployments of $67 million, up 29% compared to 1Q22 (1Q22: $52 million)

 Portfolio and liquidity

 •            Group-wide portfolio grew to $6.6 billion at March 31, 2023 (December 31,
              2022: $6.1 billion), due to significant fair value gains but also new
              deployments and undrawn commitments
 •            Broad pick-up in portfolio activity, with capital provision income, excluding
              the YPF-related assets, more than doubling to $185 million compared to 1Q22
 o                  464% increase in realized gains and 41% increase in unrealized gains
              compared to 1Q22
 •            Fair value gains arising from the favorable summary judgment ruling in the
              YPF-related assets contributed to an extraordinary first quarter for total
              revenues
 o                                                      Burford-only carrying value of the YPF-related assets (both Petersen and Eton
                                                        Park) increased to $1.0 billion at March 31, 2023 (December 31, 2022: $823
                                                        million)
 •            Cumulative ROIC since inception from Burford-only capital provision-direct
              assets of 89% (December 31, 2022: 88%) and IRR of 29% (December 31, 2022: 29%)
 •            Burford-only cash receipts of $97 million, up 66% compared to 1Q22 (1Q22: $59
              million)
 •            Burford-only cash and cash equivalents and marketable securities of $183
              million at March 31, 2023 (December 31, 2022: $210 million)
 o                                                      Due from settlement of capital provision assets decreased 14% to $99 million
                                                        at March 31, 2023 (December 31, 2022: $115 million, of which 17% was collected
                                                        in cash in 1Q23)

 Income

 •            Total revenues increased 209% to $381 million (1Q22: $123 million),
              represented by a higher level of case activity and portfolio progression,
              including $192 million of fair value gains, net of third-party interests, in
              the YPF-related assets and $185 million of capital provision income excluding
              the YPF-related assets
 •            Burford-only capital provision-direct realizations of $64 million (1Q22: $21
              million) and realized gains of $36 million (1Q22: $10 million), with a single
              matter generating a realized gain of $27 million
 •            Burford-only annualized capital provision-direct realized loss rate of 0.9% of
              average portfolio at cost in 1Q23 (2022: 1.0%)
 •            Operating income increased 252% to $327 million (1Q22: $93 million), with
              significant growth in capital provision income compared to 1Q22, partially
              offset by third-party interests in the YPF-related assets fair value
              adjustments and higher total operating expenses due to increases in non-cash
              accruals in light of the positive performance of Burford's share price, the
              increase in the carrying value of the YPF-related assets and the increase in
              the carrying value of a legacy asset recovery matter
 •            Net income attributable to Burford Capital Limited shareholders increased 361%
              to $259 million (1Q22: $56 million)
 o                                                      Net income per ordinary and diluted share of $1.17 (1Q22: $0.25)

 Capital

 •            Total shareholders' equity attributable to Burford Capital Limited was $1,992
              million at March 31, 2023 (December 31, 2022: $1,743 million)
 o                                                      Total shareholders' equity attributable to Burford Capital Limited per
                                                        ordinary share of $9.10 at March 31, 2023 (December 31, 2022: $7.97 per
                                                        ordinary share)
 o                                                      Tangible book value attributable to Burford Capital Limited per ordinary share
                                                        (non-GAAP) of $8.49 at March 31, 2023 (December 31, 2022: $7.36 per ordinary
                                                        share)

Investor and Analyst Conference Call

 

Burford will hold a conference call for investors and analysts at 10.00am EDT
/ 3.00pm BST on Tuesday, June 13, 2023. The dial-in number for the conference
call is +1 646 787-9445 (USA) / +44 (0)20 3936 2999 (UK) / +44 (0)20 3936 2999
(all other locations) and the access code is 716110. To minimize the risk of
delayed access, participants are urged to dial into the conference call by
9.40am EDT / 2.40pm BST.

 

A live webcast of the call will also be available at
https://www.investis-live.com/burfordcapital/646f1786796b421300718cbb/ohia
(https://protect-us.mimecast.com/s/6Nn_C31Gn6up42Ancgp8fe?domain=investis-live.com)
, and pre-registration at that link is encouraged.

 

An accompanying 1Q23 results presentation for investors and analysts will also
be made available on the Burford Capital website prior to the conference call
at http://investors.burfordcapital.com (http://investors.burfordcapital.com) .

 

Following the conference call, a replay facility for this event will be
available until Tuesday, June 27, 2023 by dialing +1 845 709-8569 (USA) / +44
(0)20 3936 3001 (UK) / +44 (0)20 3936 3001 (all other locations) and using the
replay access code 694153. A replay facility will also be accessible through
the webcast at
https://www.investis-live.com/burfordcapital/646f1786796b421300718cbb/ohia
(https://protect-us.mimecast.com/s/6Nn_C31Gn6up42Ancgp8fe?domain=investis-live.com)
.

 

 

For further information, please contact:

 

 Burford Capital Limited
 For investor and analyst inquiries:
 Robert Bailhache, Head of Investor Relations, EMEA and Asia - email  +44 (0)20 3530 2023
 (mailto:rbailhache@burfordcapital.com)
 Jim Ballan, Head of Investor Relations, Americas - email             +1 (646) 793 9176
 (mailto:JBallan@burfordcapital.com)
 For press inquiries:
 David Helfenbein, Vice President, Public Relations - email           +1 (212) 235 6824
 (mailto:dhelfenbein@burfordcapital.com)

 Numis Securities Limited - NOMAD and Joint Broker                    +44 (0)20 7260 1000
 Giles Rolls
 Charlie Farquhar

 Jefferies International Limited - Joint Broker                       +44 (0)20 7029 8000
 Graham Davidson
 Tony White

 Berenberg - Joint Broker                                             +44 (0)20 3207 7800
 Toby Flaux
 James Thompson
 Arnav Kapoor

About Burford Capital

Burford Capital is the leading global finance and asset management firm
focused on law. Its businesses include litigation finance
(https://www.burfordcapital.com/) and risk management, asset recovery and a
wide range of legal finance and advisory activities. Burford is publicly
traded on the New York Stock Exchange (NYSE: BUR) and the London Stock
Exchange (LSE: BUR), and it works with companies and law firms around the
world from its offices in New York, London, Chicago, Washington, DC,
Singapore, Dubai, Sydney and Hong Kong.

 

For more information, please visit www.burfordcapital.com
(http://www.burfordcapital.com) .

 

Summary Financial Statements and Reconciliations

 

The tables below set forth summaries of the condensed consolidated and
Burford-only statements of operations for the three months ended March 31,
2023 and 2022, the condensed consolidated and Burford-only statements of
financial position at March 31, 2023 and December 31, 2022 and corresponding
reconciliations from consolidated to Burford-only financial results.

 

Summary condensed consolidated statements of operations

                                                                             For the three months ended March 31,
 ($ in thousands)                                                            2023                          2022

 Capital provision income                                                     475,933                       140,739
 Less: Third-party interests in capital provision assets                     (100,345)                     (16,639)
 Asset management income                                                      1,997                         3,114
 Services and other income                                                    3,320                        (4,112)

 Total revenues                                                              380,905                        123,102

 Total operating expenses                                                     54,299                        30,287

 Operating income                                                             326,606                       92,815

 Finance costs and loss on debt extinguishment                                20,553                        15,841
 Foreign currency transactions (gains)/losses                                 (2,440)                       514

 Income before income taxes                                                   308,493                      76,460

 (Provision for) income taxes                                                 (7,112)                       (3,424)

 Net income                                                                   301,381                       73,036

 Net income attributable to Burford Capital Limited shareholders              259,425                       56,280

 Net income attributable to Burford Capital Limited per ordinary share:
 Basic                                                                       $1.19                         $0.26
 Diluted                                                                     $1.17                         $0.25

 

 

Summary Burford-only statement of operations

                                For the three months ended March 31,
 ($ in thousands)               2023                          2022

 Capital provision income        316,015                       100,587
 Asset management income         19,357                        10,934
 Services and other income       3,305                         (5,244)

 Total revenues                 338,677                        106,277

 Operating income                284,668                       76,486

 Net income                      259,425                       56,280

 Net income per share:
 Basic                          $1.19                         $0.26
 Diluted                        $1.17                         $0.25

 

Reconciliation of summary condensed consolidated statement of operations to
summary Burford-only statement of operations

                                                            For the three months ended March 31, 2023
                                                                               Elimination of third-party interests
                                                                               Strategic                                                Advantage
 ($ in thousands)                                           Consolidated       Value Fund         BOF-C              Colorado           Fund              Other                Burford-only

 Capital provision income                                    475,933            (107)              (48,308)           (99,769)          (7,022)            (4,712)              316,015
 Less: Third-party interests in capital provision assets    (100,345)          -                  -                  99,764             -                 581                  -
 Asset management income                                     1,997              46                 17,314             -                  -                 -                    19,357
 Services and other income                                   3,320              -                 (1)                 -                  -                   (14)              3,305
 Total revenues                                              380,905            (61)               (30,995)           (5)                (7,022)           (4,145)              338,677

 Operating income                                            326,606            94                 (31,025)           -                  (6,899)           (4,108)              284,668

 Net income/(loss)                                           301,381            94                 (31,025)           -                  (6,899)           (4,126)              259,425

 

                                                            For the three months ended March 31, 2022
                                                                               Elimination of third-party interests
                                                                               Strategic                                                Advantage
 ($ in thousands)                                           Consolidated       Value Fund         BOF-C              Colorado           Fund              Other                Burford-only

 Capital provision income                                    140,739            (508)              (18,595)           (15,925)          (366)              (4,758)              100,587
 Less: Third-party interests in capital provision assets    (16,639)           -                  -                  15,925             -                 714                  -
 Asset management income                                     3,114              161                7,659              -                  -                 -                    10,934
 Services and other income                                  (4,112)            (1,132)            -                  -                  -                 -                    (5,244)
 Total revenues                                              123,102            (1,479)            (10,936)            -                 (366)             (4,044)              106,277

 Operating income                                            92,815             (1,112)            (10,960)           -                  (215)             (4,042)              76,486

 Net income/(loss)                                           73,036             (1,112)            (10,960)           -                  (215)             (4,469)              56,280

 

Summary condensed consolidated statement of financial position

                                                                                   At
 ($ in thousands)                                                                   March 31, 2023        December 31, 2022

 Total assets                                                                       4,681,314             4,288,359

 Total liabilities                                                                  2,027,953             1,901,289

 Total Burford Capital Limited equity                                               1,992,278             1,742,584

 Non-controlling interests                                                          661,083               644,486

 Total shareholders' equity                                                         2,653,361             2,387,070

 Basic ordinary shares outstanding                                                  218,957,218           218,581,877

 Total shareholders' equity attributable to Burford Capital Limited per basic       9.10                  7.97
 ordinary share
 Total shareholders' equity per basic ordinary share                                12.12                 10.92

 

Reconciliation of summary condensed consolidated statement of financial
position to summary Burford-only statement of financial position

                               At March 31, 2023
                                                 Elimination of third-party interests
                                                 Strategic                                                     Advantage
 ($ in thousands)              Consolidated      Value Fund         BOF-C                  Colorado            Fund                Other               Burford-only

 Total assets                   4,681,314         (2,747)            (491,735)              (509,018)           (109,839)           (73,919)            3,494,056

 Total liabilities              2,027,953         (279)                 (4,234)             (509,018)           (142)               (12,502)            1,501,778

 Total shareholders' equity     2,653,361         (2,468)            (487,501)              -                   (109,697)           (61,417)            1,992,278

 

                               At December 31, 2022
                                                 Elimination of third-party interests
                                                 Strategic                                                  Advantage
 ($ in thousands)              Consolidated      Value Fund         BOF-C               Colorado            Fund                Other               Burford-only

 Total assets                   4,288,359         (2,779)            (477,590)           (409,249)           (103,523)           (76,792)            3,218,426

 Total liabilities              1,901,289         (228)              (4,234)             (409,249)           (120)               (11,616)            1,475,842

 Total shareholders' equity     2,387,070         (2,551)            (473,356)           -                   (103,403)           (65,176)            1,742,584

 

 

Reconciliation of components of deployments from a consolidated basis to a
Group-wide basis

                             For the three months ended March 31, 2023
                                           Eliminations and
 ($ in thousands)            Consolidated  adjustments        Burford-only             Other funds   BOF-C     Group-wide
 Capital provision-direct     84,685        (17,692)          66,993                    6,913        17,452     91,358
 Capital provision-indirect   34,000        (28,333)          5,667                     28,333       -         34,000
 Post-settlement              -             -                 -                         3,867        -          3,867
 Total new deployments        118,685       (46,025)          72,660                    39,113       17,452     129,225

                             For the three months ended March 31, 2022
                                           Eliminations and
 ($ in thousands)            Consolidated  adjustments        Burford-only             Other funds   BOF-C     Group-wide
 Capital provision-direct     91,121        (39,163)          51,958                    5,741        39,013     96,712
 Capital provision-indirect   14,747        (13,258)          1,489            ( )      13,258       -          14,747
 Post-settlement              -             -                 -                         17,036       -          17,036
 Total new deployments        105,868       (52,421)          53,447                    36,035       39,013     128,495

 

Reconciliation of consolidated portfolio to Group-wide portfolio

 ($ in thousands)                           At March 31, 2023                       At December 31, 2022
 Consolidated carrying value                             4,202,864                                      3,735,556
 Consolidated undrawn commitments                        1,790,550                                      1,720,727
 Consolidated portfolio                                  5,993,414                                      5,456,283

 Eliminations of third-party interests:
 Less: Attributable to carrying value                   (1,244,931)                                    (1,100,137)
 Less: Attributable to undrawn commitments                 (426,816)                                      (413,446)

 Burford-only Carrying value                             2,957,933                                      2,635,419
 Burford-only undrawn commitments                        1,363,734                                      1,307,281
 Burford-only portfolio                                  4,321,667                                      3,942,700

 Other funds carrying value                              1,098,414                                      1,076,320
 Other funds undrawn commitments                            267,001                                        239,145
 Other funds portfolio                                   1,365,415                                      1,315,465

 BOF-C carrying value                                       539,785                                        516,982
 BOF-C undrawn commitments                                  384,633                                        371,724
 BOF-C portfolio                                            924,418                                        888,706

 Total group-wide portfolio                              6,611,500                                      6,146,871

 

 

Reconciliation of capital provision income excluding YPF-related assets

                                                             For the three months ended March 31,
 ($ in thousands)                                            2023                          2022
 Capital provision income                                     475,933                       140,739
 Less: Capital provision income from YPF-related assets       (291,345)                     (49,839)
 Capital provision income excluding YPF-related assets        184,588                       90,900

 

Reconciliation of consolidated to Burford-only carrying value of YPF-related
assets

                                         At March 31, 2023                                         At December 31, 2022
                                                             Elimination of                                             Elimination of
                                                             third-party                                                third-party
 ($ in thousands)                        Consolidated        interests             Burford-only    Consolidated         interests              Burford-only
 Deployed cost                           62,071              (6,828)               55,243          61,610               (6,985)                54,625
 Unrealized gain                         1,462,284           (502,297)             959,987         1,170,939            (402,529)              768,,410
 Carrying value of YPF-related assets    1,524,335           (509,105)             1,015,230       1,232,549            (409,514)              823,035

 

Reconciliation of consolidated proceeds from capital provision assets to
Burford-only cash receipts

                                                                        For the three months ended March 31,
 ($ in thousands)                                                       2023                 2022
 Consolidated proceeds from capital provision assets                     144,485              69,369
 Less: Elimination of third-party interests                              (60,563)             (14,109)
 Burford-only total proceeds from capital provision assets               83,922               55,260
 Burford-only proceeds from capital provision-direct assets              77,742               55,613
 Burford-only proceeds from capital provision-indirect assets            6,180                97
 Burford-only total proceeds from capital provision assets               83,922               55,260
 Consolidated asset management income                                    1,997                3,114
 Plus: Eliminated income from funds                                      17,360               7,820
 Burford-only asset management income                                    19,357               10,934
 Less: Non-cash adjustments((1))                                         (7,086)              (8,725)
 Burford-only proceeds from asset management income                      12,271               2,209
 Burford-only proceeds from marketable security interest and dividends   881                  614
 Burford-only proceeds from asset recovery fee for services              83                   418
 Burford-only proceeds from asset management and other services          13,235               3,241
 Cash receipts                                                           97,157               58,501

 

(1) Adjustments for the change in asset management receivables accrued during
the applicable period but not yet received at the end of such period.

 

Reconciliation of consolidated to Burford-only due from settlement of capital
provision assets

                                                     At March 31, 2023                                          At December 31, 2022
                                                                         Elimination of                                              Elimination of
                                                                         third-party                                                 third-party
 ($ in thousands)                                    Consolidated        interests             Burford-only     Consolidated         interests              Burford-only
 Due from settlement of capital provision assets     100,494             (1,755)               98,739           116,582              (1,932)                114,650

 

Reconciliation of consolidated to Burford-only cash and cash equivalents and
marketable securities

                                                              At March 31, 2023                                         At December 31, 2022
                                                                                  Elimination of                                             Elimination of
                                                                                  third-party                                                third-party
 ($ in thousands)                                             Consolidated        interests             Burford-only    Consolidated         interests              Burford-only
 Cash and cash equivalents                                     65,994              (12,620)              53,374          107,658              (33,979)               73,679
 Marketable securities                                         130,056             -                     130,056         136,358              -                      136,358
 Total cash and cash equivalents and marketable securities     196,050             (12,620)              183,430         244,016              (33,979)               210,037

 

Reconciliation of consolidated to Burford-only realizations

                             For the three months ended March 31, 2023             For the three months ended March 31, 2022
                                             Eliminations and                                      Eliminations and
 ($ in thousands)            Consolidated    adjustments        Burford-only       Consolidated    adjustments        Burford-only
 Capital provision-direct     115,732         (53,986)          61,746              21,211          (859)             20,352
 Capital provision-indirect   12,580          (10,484)          2,096               5,352           (4,575)           777
 Post-settlement              -               -                 -                   -               -                 -
 Total realizations           128,312         (64,470)          63,842              26,563          (5,434)           21,129

 

Reconciliation of consolidated to Burford-only realized gains

                                  For the three months ended March 31, 2023             For the three months ended March 31, 2022
                                                  Eliminations and                                      Eliminations and
 ($ in thousands)                 Consolidated    adjustments        Burford-only       Consolidated    adjustments        Burford-only
 Realized gains relative to cost   69,442          (33,829)          35,613              12,303          (2,291)           10,012

 

Reconciliation of consolidated to Burford-only realized gain on the conclusion
of one matter in 2023

                                                     For the three months ended March 31, 2023
                                                                     Eliminations and
 ($ in millions)                                     Consolidated    adjustments        Burford-only
 Realized gain on one matter that concluded in 2023  49.4            (22.9)            26.5

 

Reconciliation of tangible book value attributable to Burford Capital Limited
per ordinary share

                                                                                           At                     At
 ($ in thousands, except share data)                                                       March 31, 2023                December 31, 2022
 Total Burford Capital Limited equity                                                       1,992,278                     1,742,584
    Less: Goodwill                                                                          (133,936)                     (133,912)
 Tangible book value attributable to Burford Capital Limited                                1,858,342                     1,608,672
 Basic ordinary shares outstanding                                                          218,957,218                   218,581,877
 Tangible book value attributable to Burford Capital Limited per ordinary share             8.49                          7.36

 

 

 

Definitions and Use of Non-GAAP Financial Measures and Alternative Performance
Measures

 

Burford reports its financial results in accordance with US GAAP. US GAAP
requires us to present financial statements that consolidate some of the
limited partner interests in private funds we manage as well as assets held on
our balance sheet where we have a partner or minority investor. We therefore
refer to various presentations of our financial results as follows:

 

 •            Consolidated refers to assets, liabilities and activities that include those
              third-party interests, partially owned subsidiaries and special purpose
              vehicles that we are required to consolidate under US GAAP. At the date of
              this announcement, the major entities where there is also a third-party
              partner in, or owner of, those entities include BCIM Strategic Value Master
              Fund, LP, Burford Opportunity Fund C LP, Burford Advantage Master Fund LP,
              Colorado Investments Limited ("Colorado") and several other entities in which
              Burford holds investments where there is also a third-party partner in, or
              owner of, those entities.
 •            Burford-only refers to assets, liabilities and activities that pertain only to
              Burford on a proprietary basis, excluding any third-party interests and the
              portions of jointly owned entities owned by others.
 •            Group-wide refers to the totality of assets managed by Burford, including
              those portions of the private funds owned by third parties and including
              private funds that are not consolidated within Burford's consolidated
              financial statements. Group-wide is therefore the sum of Burford-only and
              non-controlling interests in consolidated and non-consolidated private funds.
              Group-wide does not include third-party interests in capital provision assets,
              the economics of which have been sold to those third parties, that do not meet
              the criteria to be recognized as a sale under US GAAP. This includes the
              third-party interests in Colorado and other capital provision asset
              subparticipations.

 

We subdivide our capital provision assets into two categories:

 

 •            Direct, which includes all of our capital provision assets that we have
              originated directly (i.e., not through participation in a private fund) from
              our balance sheet. We also include direct (i.e., not through participation in
              a private fund) complex strategies assets in this category.
 •            Indirect, which includes our balance sheet's participations in two of our
              private funds (i.e., BCIM Strategic Value Master Fund, LP and Burford
              Advantage Master Fund LP).

 

We also use certain unaudited alternative performance measures, including:

 

 •            Internal Rate of Return ("IRR") is a discount rate that makes the net present
              value of a series of cash flows equal to zero and is expressed as a percentage
              figure. We compute IRR on concluded (including partially concluded) legal
              finance assets by treating that entire portfolio (or, when noted, a subset
              thereof) as one undifferentiated pool of capital and measuring actual and, if
              necessary, estimated inflows and outflows from that pool, allocating costs
              appropriately. IRRs do not include unrealized gains or losses.
 •            Return on invested capital ("ROIC") from a concluded asset is the absolute
              amount of realizations from such asset in excess of the amount of expenditure
              incurred in funding such asset divided by the amount of expenditure incurred,
              expressed as a percentage figure. ROIC is a measure of our ability to generate
              absolute returns on our assets. Some industry participants express returns on
              a multiple of invested capital ("MOIC") instead of a ROIC basis. MOIC includes
              the return of capital and, therefore, is 1x higher than ROIC. In other words,
              70% ROIC is the same as 1.70x MOIC.

 

Other unaudited alternative performance measures and terms we use include:

 

 •            Commitment is the amount of financing we agree to provide for a legal finance
              asset. Commitments can be definitive (requiring us to provide funding on a
              schedule or, more often, when certain expenses are incurred) or discretionary
              (allowing us to provide funding after reviewing and approving a future
              matter). Unless otherwise indicated, commitments include deployed cost and
              undrawn commitments.
 •            Deployment refers to the funding provided for an asset, which adds to our
              deployed cost in such asset.
 •            Deployed cost is the amount of funding we have provided for an asset at the
              applicable point in time.
 •            Fair value adjustment is the amount of unrealized gain or loss recognized in
              our consolidated statements of operations in the relevant period and added to
              or subtracted from, as applicable, the asset or liability value in our
              consolidated statements of financial position.
 •            Portfolio includes deployed cost, net unrealized gains or losses and undrawn
              commitments.
 •            Realization: A legal finance asset is realized when the asset is concluded
              (i.e., when litigation risk has been resolved). A realization will result in
              us receiving cash or, occasionally, non-cash assets or recognizing a due from
              settlement receivable, reflecting what we are owed on the asset.
 •            Realized gain / loss reflects the total amount of gain or loss generated by a
              legal finance asset when it is realized, calculated as realized proceeds less
              deployed cost, without regard for any previously recognized fair value
              adjustment.
 •            Unrealized gain / loss represents the fair value of our legal finance assets
              over or under their funded cost, as determined in accordance with the
              requirements of the applicable US GAAP standards, for the relevant financial
              reporting period (consolidated statement of operations) or cumulatively
              (consolidated statement of financial position).
 •            YPF-related assets refers to our Petersen and Eton Park legal finance assets,
              which are two claims relating to Republic of Argentina's nationalization of
              YPF S.A., the Argentine energy company.

 

We also use certain non-GAAP financial measures, including:

 

 •            Cash receipts provide a measure of the cash that our capital provision and
              other assets generate during a given period as well as cash from certain other
              fees and income. In particular, cash receipts represent the cash generated
              from capital provision and other assets, including cash proceeds from realized
              or concluded assets and any related hedging assets, and cash received from
              asset management income, services and/or other income, before any deployments
              into funding existing or new assets. Cash receipts are a non-GAAP financial
              measure and should not be considered in isolation from, as a substitute for,
              or superior to, financial measures calculated in accordance with US GAAP. The
              most directly comparable measure calculated in accordance with US GAAP is
              proceeds from capital provision assets as set forth in our consolidated
              statements of cash flows. We believe that cash receipts are an important
              measure of our operating and financial performance and are useful to
              management and investors when assessing the performance of our Burford-only
              capital provision assets.
 •            Tangible book value attributable to Burford Capital Limited is calculated by
              subtracting intangible assets (such as goodwill) from total Burford Capital
              Limited equity. Tangible book value attributable to Burford Capital Limited
              per ordinary share is calculated by dividing tangible book value attributable
              to Burford Capital Limited by the total number of outstanding ordinary shares.
              Each of tangible book value attributable to Burford Capital Limited and
              tangible book value attributable to Burford Capital Limited per ordinary share
              is a non-GAAP financial measure and should not be considered in isolation
              from, as a substitute for, or superior to, financial measures calculated in
              accordance with US GAAP. The most directly comparable measure calculated in
              accordance with US GAAP is total Burford Capital Limited equity as set forth
              in our consolidated statements of financial position. We believe that tangible
              book value attributable to Burford Capital Limited per ordinary share is an
              important measure of our financial condition and is useful to management and
              investors when assessing capital adequacy and our ability to generate earnings
              on tangible equity invested by our shareholders.

 

For additional information, including reconciliations of our non-GAAP
financial measures to the most directly comparable US GAAP measures and
reconciliations of our alternative performance measures additional to those
set forth in this announcement, see the 1Q23 Quarterly Report furnished to the
US Securities and Exchange Commission on June 13, 2023 and made available on
our website at http://investors.burfordcapital.com
(http://investors.burfordcapital.com) . Non-GAAP financial measures should not
be considered in isolation from, as substitutes for, or superior to, financial
measures calculated in accordance with US GAAP.

 

 

This announcement does not constitute an offer to sell or the solicitation of
an offer to buy any ordinary shares or other securities of Burford.

 

This announcement does not constitute an offer of any Burford private fund.
Burford Capital Investment Management LLC, which acts as the fund manager of
all Burford private funds, is registered as an investment adviser with the
US Securities and Exchange Commission. The information provided in this
announcement is for informational purposes only. Past performance is not
indicative of future results. The information contained in this announcement
is not, and should not be construed as, an offer to sell or the solicitation
of an offer to buy any securities (including, without limitation, interests or
shares in any of Burford private funds). Any such offer or solicitation may be
made only by means of a final confidential private placement memorandum and
other offering documents.

 

Forward-looking statements

This announcement contains "forward-looking statements" within the meaning of
Section 21E of the US Securities Exchange Act of 1934, as amended, regarding
assumptions, expectations, projections, intentions and beliefs about future
events. These statements are intended as "forward-looking statements". In some
cases, predictive, future-tense or forward-looking words such as "aim",
"anticipate", "believe", "continue", "could", "estimate", "expect",
"forecast", "guidance", "intend", "may", "plan", "potential", "predict",
"projected", "should" or "will" or the negative of such terms or other
comparable terminology are intended to identify forward-looking statements,
but are not the exclusive means of identifying such statements. In addition,
Burford and its representatives may from time to time make other oral or
written statements which are forward-looking statements, including in its
periodic reports that Burford files with, or furnishes to, the US Securities
and Exchange Commission, other information made available to Burford's
security holders and other written materials. By their nature, forward-looking
statements involve known and unknown risks, uncertainties and other factors
because they relate to events and depend on circumstances that may or may not
occur in the future. Burford cautions you that forward-looking statements are
not guarantees of future performance and are based on numerous assumptions,
expectations, projections, intentions and beliefs and that Burford's actual
results of operations, including its financial position and liquidity, and the
development of the industry in which it operates, may differ materially from
(and be more negative than) those made in, or suggested by, the
forward-looking statements contained in this announcement. Significant factors
that may cause actual results to differ from those Burford expects include,
among others, those discussed under "Risk Factors" in Burford's annual report
on Form 20-F for the year ended December 31, 2022 filed with the
US Securities and Exchange Commission on May 16, 2023 and other reports or
documents that Burford files with, or furnishes to, the US Securities and
Exchange Commission from time to time. In addition, even if Burford's results
of operations, including its financial position and liquidity, and the
development of the industry in which it operates are consistent with the
forward-looking statements contained in this announcement, those results of
operations or developments may not be indicative of results of operations or
developments in subsequent periods.

 

Except as required by law, Burford undertakes no obligation to update or
revise the forward-looking statements contained in this announcement, whether
as a result of new information, future events or otherwise.

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