COMMITMENTS AND CONTINGENCIES

9 Months Ended

Aug. 31, 2012

COMMITMENTS AND CONTINGENCIES

10. COMMITMENTS AND CONTINGENCIES

Prepaid Land Lease

In June 2003, we entered into a 51-year lease of the land upon which our corporate headquarters is located. The lease was paid in advance for a total of $28.0 million, but is subject to adjustments every ten years based upon changes in market condition. Should it become necessary, we have the option to prepay any rent increases due as a result of a change in fair market value. This prepaid land lease is being amortized using the straight-line method over the life of the lease.

Commitments

At various locations worldwide, we lease office space and equipment under non-cancelable operating leases with various expiration dates through May 2019. Rental expense was $3.6 million and $3.7 million for the three months ended August 31, 2012 and 2011, respectively, and $10.7 million and $10.5 million for the nine month periods ended August 31, 2012 and 2011, respectively.

As of August 31, 2012, contractual commitments associated with indebtedness, lease obligations and restructuring were as follows (in thousands):

	Total		Remainder of 2012		2013		2014		2015		2016		Thereafter
Commitments:
Debt principal	$	636,323	$	612	$	35,711	$	—	$	—	$	—	$	600,000
Debt interest		69,280		7,247		14,783		13,500		13,500		13,500		6,750
Operating leases (1)		40,207		2,476		11,301		7,992		9,472		4,230		4,736
Total commitments	$	745,810	$	10,335	$	61,795	$	21,492	$	22,972	$	17,730	$	611,486

⁽¹⁾  Operating leases included future minimum rent payments, net of estimated sublease income, for facilities that we have vacated pursuant to our restructuring activities, as discussed in Note 7.

Future minimum lease payments under restructured non-cancelable operating leases are included in Accrued Restructuring Costs on our Condensed Consolidated Balance Sheets.

The above commitment table does not include approximately $26.5 million of long-term income tax liabilities due to the fact that we are unable to reasonably estimate the timing of these potential future payments.

Indemnification

Our software license agreements typically provide for indemnification of customers for intellectual property infringement claims. We also warrant to customers that software products operate substantially in accordance with the software product’s specifications. Historically, we have incurred minimal costs related to product warranties, and, as such, no accruals for warranty costs have been made. In addition, we indemnify our officers and directors under the terms of indemnity agreements entered into with them, as well as pursuant to our certificate of incorporation, bylaws and applicable Delaware law.