Annual report pursuant to Section 13 and 15(d)

Commitments and Contingencies

v3.3.1.900
Commitments and Contingencies
12 Months Ended
Dec. 31, 2015
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, 2015, 2014 and 2013 amounted to $3,766, $3,667, and $3,558, respectively. The Company received sub-lease income from subtenants during the years ended December 31, 2015, 2014 and 2013 of $433, $379, and $805, respectively. Therefore, for the years ended December 31, 2015, 2014 and 2013, net rent expense amounted to $3,333, $3,288, and $2,753, 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 $587 as of December 31, 2015 and 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.

In June 2015, the Company entered into a lease agreement for office space in Charlottesville, VA.  The lease commenced on June 30, 2015 and expires on June 30, 2018.  The lease is subject to escalation clauses and provides for a rent-free period of two months.  Monthly rent expense is $2.  The Company paid a refundable security deposit of $2.

With the Jamison Acquisition, the Company assumed lease agreements for office space in Bedminster and Princeton, NJ.  The Bedminster lease, as extended, expires on March 31, 2022.  Monthly rent expense on this lease is $11.  The Princeton lease, as extended, expires on August 31, 2022.  Monthly rent expense on this lease is $6.  Both leases are subject to escalation clauses, and the Bedminster lease provides for a rent-fee period of four months.

In December 2015, the Company extended its lease related to its New York City office space.  The amended lease commences on October 1, 2017 and expires on September 30, 2028.  The lease is subject to escalation clauses, and provides for a rent-free period of twelve months and for tenant improvements of up to $2,080.  Monthly rent expense under this extension will be $446.  

Future minimum lease payments and rentals under lease agreements which expire through 2028 are as follows:

 

 

  

Minimum Lease
Commitments

 

  

Non-cancellable
Subleases

 

 

Minimum Net
Rentals

 

2016

  

$

3,854

  

  

$

(427

)

 

$

3,427

  

2017

  

 

3,057

  

  

 

(328

)

 

 

2,729

  

2018

  

 

1,632

  

  

 

 

 

 

1,632

  

2019

 

 

5,654

 

 

 

 

 

 

5,654

 

2020

 

 

5,621

 

 

 

 

 

 

5,621

 

Thereafter

 

 

43,669

 

 

 

 

 

 

43,669

 

Total

  

$

63,487

  

  

$

(755

)

 

$

62,732

  

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. On June 30, 2015, the Company assumed certain capital leases for equipment totaling $253 as part of the Jamison Acquisition.  In July 2015, the Company entered into a new capital lease for a copier.  The amount financed was $21 and the lease has a term of three years, which began on July 1, 2015.  Monthly minimum lease payments are $1, and continue through June 30, 2018.  In October 2015, the Company entered into a new capital lease for a copier.  The amount financed was $18 and the lease has a term of three years, which began on November 1, 2015.  Monthly minimum lease payments are $1, and continue through October 31, 2018.The aggregate principal balance of capital leases was $440 and $282 as of December 31, 2015 and December 31, 2014, respectively.

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

 

 

  

2015

 

 

2014

 

Capital lease assets included in furniture and equipment

  

$

648

  

 

$

345

  

Capital lease assets included in software

  

 

58

  

 

 

58

  

Less: Accumulated depreciation and amortization

  

 

(250

)

 

 

(127

)

 

  

$

456

  

 

$

276

  

Depreciation expense relating to capital lease assets was $123, $81 and $19 for the years ended December 31, 2015, 2014 and 2013, respectively.

Future minimum lease payments under capital leases are as follows:

 

 

  

Future Minimum Lease
Commitments

 

2016

  

$

173

  

2017

  

 

149

  

2018

  

 

107

  

2019

 

 

11

 

Total

  

$

440

  

 

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 $0, $1,805 and $703 were made during the years ended December 31, 2015, 2014 and 2013, 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, completed on April 1, 2012, were accrued when the contingency was resolved. The total accrual for these payments for the years ended December 31, 2015 and 2014 were $3 and $0, respectively, which was recorded as compensation expense in the Consolidated Statements of Operations.