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COMMITMENTS AND CONTINGENCIES
12 Months Ended
Dec. 31, 2020
Commitments and Contingencies Disclosure [Abstract]  
COMMITMENTS AND CONTINGENCIES

13. COMMITMENTS AND CONTINGENCIES

 

Leases

 

The company leases certain offices, facilities and equipment under operating and financing leases. Our leases have remaining terms ranging from less than 1 year to up to 6 years, some of which contain options to extend up to 5 years. As of December 31, 2020 and 2019, assets recorded under finance leases were $1.4 million and $1.3 million, respectively, and accumulated amortization associated with finance leases was $776 and $571, respectively. As of December 31, 2020 and 2019, assets recorded under operating leases were $2.5 million and $2.1 million, respectively, and accumulated amortization associated with operating leases were $1.7 million and $1.1 million, respectively. Such amounts are included within other assets.

 

Litigation and Claims

 

The Company is from time to time party to various lawsuits, claims and other proceedings that arise in the ordinary course of our business.

 

On January 11, 2016, Myers Power Products, Inc., a specialty electrical products manufacturer, filed suit with the Superior Court of the State of California, County of Los Angeles, against us, PCEP and two PCEP employees who are former employees of Myers Power Products, Inc., Geo Murickan, the president of PCEP (“Murickan”), and Brett DeChellis (“DeChellis”), alleging, among other things, that Murickan wrongly used and retained confidential business information of Myers Power Products, Inc. for the benefit of us and PCEP, in breach of their confidentiality agreement and/or employment agreement entered into with Myers Power Products, Inc., and that we and PCEP knowingly received and used such confidential business information. Myers Power Products, Inc. sought injunctive relief enjoining us, PCEP and our employees from using its confidential business information and compensatory damages of an unspecified unlimited amount; however, the Company recognized approximately $1.2 million for expected costs related to this litigation in the prior two fiscal years.

  

On October 4, 2019, the dividend that was payable by the Company was enjoined by court order of the Superior Court of California related to the foregoing case. On October 16, 2019, Myers Power Products, Inc. filed an ex parte application arguing the Company had violated, or intended to violate the modified preliminary injunction and sought an order from the court for the Company to post a bond in an amount of $30,000 or more (which was not granted). The Company cancelled the dividend as the result of this court order.

 

There were also two related appeals in the California Court of Appeal for the Second Appellate District (“Court of Appeal”). Case no. B301494 was an appeal of the October 4, 2019 order modifying a previously issued preliminary injunction. Case no. B302943 was an appeal of the November 26, 2019 order requiring Pioneer Power Solutions, Inc. and Pioneer Custom Electrical Products Corp. to obtain and post a $12 million bond. On April 10, 2020, the Court of Appeal granted our motion to combine the two appeals.

 

On November 20, 2020, the Company entered into a settlement and release agreement with Myers Power Products, Inc. As part of the settlement, all injunctions were dissolved, and all litigation and appeals related to the action were dismissed with prejudice. The parties executed full releases of all known and unknown claims, thereby eliminating all such restrictions on the Company. The Company agreed to pay Myers Power Products, Inc. an amount that did not differ significantly from the $1.2 million of expected costs the Company recognized as a legal contingency during the year ended December 31, 2018. The amount was paid in full during the fourth quarter of 2020.

 

The components of the lease expense were as follows:

 

 

 

For the Year Ended

 

 

 

December 31,

 

 

 

2020

 

 

2019

 

Operating lease cost

 

$

669

 

 

$

677

 

 

 

 

 

 

 

 

 

 

Finance lease cost

 

 

 

 

 

 

 

 

Amortization of right-of-use asset

 

$

261

 

 

$

284

 

Interest on lease liabilities

 

 

53

 

 

 

53

 

Total finance lease cost

 

$

314

 

 

$

337

 

 

Other information related to leases was as follows:

 

Supplemental Cash Flows Information

 

 

 

December 31,

 

 

 

2020

 

 

2019

 

Cash paid for amounts included in the measurement of lease liabilities

 

 

 

 

 

 

Operating cash flow payments for operating leases

 

$

677

 

 

$

664

 

Operating cash flow payments for finance leases

 

 

53

 

 

 

53

 

Financing cash flow payments for finance leases

 

 

235

 

 

 

281

 

Right-of-use assets obtained in exchange for lease obligations

 

 

 

 

 

 

 

 

Operating lease liabilities arising from obtaining right to use assets

 

 

390

 

 

 

 

Capitalized lease obligations

 

 

295

 

 

 

293

 

 

Weighted Average Remaining Lease Term

 

 

 

December 31,

 

 

 

2020

 

 

2019

 

Operating leases

 

 

3 years

 

 

 

2 years

 

Finance leases

 

 

2 years

 

 

 

2 years

 

 

Weighted Average Discount Rate

 

 

 

December 31,

 

 

 

2020

 

 

2019

 

Operating leases

 

 

5.50

%

 

 

5.50

%

Finance leases

 

 

6.72

%

 

 

6.90

%

 

Future minimum lease payments under non-cancellable leases as of December 31, 2020 were as follows:

 

 

 

Operating

 

 

Finance

 

 

 

Leases

 

 

Leases

 

2021

 

 

467

 

 

 

325

 

2022

 

 

179

 

 

 

194

 

2023

 

 

91

 

 

 

257

 

2024

 

 

93

 

 

 

21

 

2025

 

 

95

 

 

 

 

Thereafter

 

 

24

 

 

 

 

Total future minmum lease payments

 

 

949

 

 

 

797

 

Less imputed interest

 

 

(82

)

 

 

(71

)

Total future minmum lease payments

 

$

867

 

 

$

726

 

 

Reported as of December 31, 2020:

 

 

 

Operating

 

 

Finance

 

 

 

Leases

 

 

Leases

 

Accounts payable and accrued liabilities

 

$

431

 

 

$

284

 

Other long-term liabilities

 

 

436

 

 

 

442

 

Total

 

$

867

 

 

$

726