Annual report pursuant to Section 13 and 15(d)

Commitments and Contingencies

v2.4.1.9
Commitments and Contingencies
12 Months Ended
Dec. 31, 2014
Commitments And Contingencies Disclosure [Abstract]  
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 years ended December 31, 2014, 2013 and 2012 amounted to $3,667, $3,558, and $3,588, respectively. The Company received sub-lease income from subtenants during the years ended December 31, 2014, 2013 and 2012 of $379, $805, and $764, respectively. Therefore, for the years ended December 31, 2014, 2013 and 2012, net rent expense amounted to $3,288, $2,753, and $2,824, respectively, and is included in general and administrative expenses in the 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 $586 as of December 31, 2014.  The letter of credit is collateralized by a certificate of deposit in an equal amount.  Furthermore, the Company maintains an $80 letter of credit in favor of its Boston landlord that is collateralized by the Company’s revolving credit facility with City National Bank.                

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

 

2015

  

$

3,693

  

  

$

(426

)

 

$

3,267

  

2016

  

 

3,646

  

  

 

(426

)

 

 

3,220

  

2017

  

 

2,838

  

  

 

(328

)

 

 

2,510

  

2018

  

 

60

  

  

 

 

 

 

60

  

2019

 

 

36

 

 

 

 

 

 

36

 

Total

  

$

10,273

  

  

$

(1,180

)

 

$

9,093

  

The Company has capital leases for certain office equipment. The Company entered into a new capital lease agreement for a telephone system during the year ended December 31, 2014.  The amount financed was $321 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 $282 and $19 as of December 31, 2014 and December 31, 2013, respectively.

The assets relating to capital leases that are included in equipment are as follows:

 

 

  

2014

 

 

2013

 

Capital lease assets included in furniture and equipment

  

$

345

  

 

$

60

  

Capital lease assets included in software

  

 

58

  

 

 

  

     Less: Accumulated depreciation and amortization

  

 

(127

)

 

 

(46

)

 

  

$

276

  

 

$

14

  

Depreciation expense relating to capital lease assets was $81, $19 and $19 for the years ended December 31, 2014, 2013 and 2012, respectively.

Future minimum lease payments under capital leases are as follows:

 

 

  

Future Minimum Lease
Commitments

 

2015

  

$

73

  

2016

  

 

75

  

2017

  

 

65

  

2018

  

 

58

  

2019

 

 

11

 

Total

  

$

282

  

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 $1,805, $703 and $720 were made during the years ended December 31, 2014, 2013 and 2012, respectively, related to MCG and are reflected in investing activities in the 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 years ended December 31, 2014 and 2013 were $0 and $31, respectively, which was recorded as compensation expense in the Consolidated Statements of Operations.