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COMMITMENTS AND CONTINGENCIES
12 Months Ended
Dec. 29, 2018
COMMITMENTS AND CONTINGENCIES  
COMMITMENTS AND CONTINGENCIES

10. COMMITMENTS AND CONTINGENCIES

 

Lease Commitments

 

For lease agreements with escalation clauses, the Company records the total rent to be paid under the lease on a straight‑line basis over the term of the lease, with the difference between the expense recognized and the cash paid recorded as a deferred rent liability included in accrued expenses on the balance sheet for amounts to be recognized within twelve months and in other liabilities for amounts to be recognized after twelve months from the balance sheet date, in the consolidated balance sheets. Lease incentives are recorded as deferred rent at the beginning of the lease term and recognized as a reduction of rent expense over the term of the lease.

 

Summer Infant Europe Limited leases office space under a non‑cancelable operating lease agreement. This lease is for a five‑year term through March 2022, and requires monthly payments of approximately $6. In addition, Summer Infant Europe Limited is required to pay its proportionate share of property taxes.

 

Summer Infant Canada, Ltd. entered into a five‑year lease for office and warehouse space under a non‑cancelable operating lease agreement expiring June 2023. The Company is obligated as part of the lease to pay maintenance expenses as well as property taxes and insurance costs as defined in the agreement. Monthly payments are approximately $25 over the course of the lease term. Summer Infant Canada, Ltd. has the option to renew this lease for one additional period of five years under similar terms and conditions.

 

Summer Infant (USA) Inc. entered into a 72 month lease in September 2010 for warehouse space under a non‑cancelable operating lease agreement. The Company is obligated to pay certain common area maintenance charges including insurance and utilities. The lease was extended in 2015 and now expires in September 2021. Monthly payments were $175 in fiscal 2018 and escalate to $186 over the remaining life of the lease.

 

During November 2017, Summer Infant Asia entered into a two year office lease which requires monthly payments of $10 through 2019.

 

Approximate future minimum rental payments due under these leases are as follows (a):

 

 

 

 

 

Fiscal Year Ending:

 

 

 

2019

    

$

2,627

2020

 

 

2,556

2021

 

 

2,048

2022

 

 

323

2023 and beyond

 

 

154

Total

 

$

7,708

 


(a)

Amounts exclude payments for sales‑leaseback transaction as described in Note 5.

 

 

Rent expense (excluding taxes, fees and other charges) for the years ended December 29, 2018 and December 30, 2017 totaled approximately $2,736 and $2,654, respectively.

 

Employment Contracts

 

In accordance with United Kingdom and EU law, Summer Infant Europe Limited is required to have employment contracts with all of its employees. In connection with these contracts, Summer Infant Europe Limited makes individual pension contributions to certain employees at varying rates from 1-7% of the employee’s annual salary, as part of their total compensation package. These pension contributions are expensed as incurred. There are no termination benefit provisions in these contracts.

 

Litigation

 

The Company is a party to routine litigation and administrative complaints incidental to its business. The Company does not believe that the resolution of any or all of such current routine litigation and administrative complaints is likely to have a material adverse effect on the Company’s financial condition or results of operations.