Quarterly report pursuant to Section 13 or 15(d)

Commitments and Contingencies

v2.4.0.8
Commitments and Contingencies
6 Months Ended
Jun. 30, 2014
Commitments and Contingencies

10. COMMITMENTS AND CONTINGENCIES

Lease Commitments

The Company leases office space pursuant to operating leases that are subject to specific escalation clauses. Rent expense charged to operations for the three months ended June 30, 2014 and 2013 amounted to $897 and $859, respectively. The Company received sub-lease income from subtenants during the three months ended June 30, 2014 and 2013 of $95 and $188, respectively. Therefore, for the three months ended June 30, 2014 and 2013, net rent expense amounted to $802 and $671, respectively, and is included in general and administrative expenses in the Condensed Consolidated Statement of Operations.

Rent expense charged to operations for the six months ended June 30, 2014 and 2013 amounted to $1,798 and $1,761, respectively. The Company received sub-lease income from subtenants during the six months ended June 30, 2014 and 2013 of $196 and $473, respectively. Therefore, for the six months ended June 30, 2014 and 2013, net rent expense amounted to $1,602 and $1,288, respectively, and is included in general and administrative expenses in the Condensed Consolidated Statement of Operations.

As security for performance under the leases, the Company is required to maintain letters of credit in favor of the landlord totaling $2,023 that were reduced to $1,013 on August 31, 2010 and can be further reduced to $506 on August 31, 2014. The letter of credit is collateralized by a certificate of deposit in an equal amount.

In March 2014, the Company entered into a lease agreement for additional office space.  The lease commenced on May 1, 2014 and expires July 31, 2019. The lease is subject to escalation clauses and provides for a rent-free period of three months.  Monthly rent expense is $5.  The Company paid a refundable security deposit of $3.

Future minimum lease payments and rentals under lease agreements which expire through 2019 are as follows:

 

 

  

Minimum Lease
Commitments

 

  

Non-cancellable
Subleases

 

 

Minimum Net
Rentals

 

Remainder of 2014

  

$

1,866

  

  

$

(213

)

 

$

1,653

  

2015

  

 

3,693

  

  

 

(426

)

 

 

3,267

  

2016

  

 

3,646

  

  

 

(426

)

 

 

3,220

  

2017

  

 

2,838

  

  

 

(328

)

 

 

2,510

  

2018

 

 

60

 

 

 

 

 

 

60

 

Thereafter

 

 

36

 

 

 

 

 

 

36

 

Total

  

$

12,139

  

  

$

(1,393

)

 

$

10,746

  

The Company has capital leases for certain office equipment. The Company entered into a new capital lease agreement for a telephone system during the six months ended June 30, 2014.  The amount financed was $289 and the lease has a term of five years, which began on March 1, 2014.   Monthly minimum lease payments are $5, and continue through November 30, 2018.   The aggregate principal balance of capital leases was $239 and $19 as of June 30, 2014 and December 31, 2013, respectively and is included in other liabilities in the Condensed Consolidated Statements of Financial Condition.

Contingent Consideration

In connection with its acquisition of MCG in October 2008, SLP entered into a contingent consideration agreement whereby the former members of MCG were entitled to contingent consideration equal to 22% of adjusted annual EBITDA in addition to any performance fee payments for each of the five years subsequent to the date of acquisition. As the acquisition was completed prior to January 1, 2009, contingent consideration is recognized when the contingency is resolved pursuant to the authoritative guidance on business combinations in effect at the date of the closing of the acquisition. The contingent consideration related to the MCG acquisition is recorded on the date when the contingency is resolved. Contingent consideration payments of $1,679 (which was accrued as of December 31, 2013) and $703 were made during the six months ended June 30, 2014 and 2013, respectively, related to MCG and are reflected in investing activities in the Condensed Consolidated Statements of Cash Flows.

Quarterly contingent payments related to the Commodity Advisors acquisition were accrued when the contingency was resolved. The total accrual for these payments for the six months ended June 30, 2014 and 2013 was $0 and $99, respectively, which was recorded as compensation expense in the Condensed Consolidated Statements of Operations.