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Commitments and Contingencies
9 Months Ended
Sep. 30, 2023
Commitments and Contingencies Disclosure [Abstract]  
Commitments and Contingencies
11.
COMMITMENTS AND CONTINGENCIES

Bank Lines of Credit — The Company maintains a $65,000 revolving credit facility which has a maturity date of June 28, 2024. Unless the lender issues a notice of termination at least 60 days prior to such maturity date, this facility will automatically extend to June 30, 2025. Borrowings on the facility bear interest at the greater of a fixed rate of 3.50% per annum or at the borrower’s option of (i) Secured Overnight Financing Rate ("SOFR") plus 1.1% or (ii) Prime minus 1.50%. As of September 30, 2023 and December 31, 2022, the Company had no borrowings under the credit facility.

As of September 30, 2023, the Company’s available credit under this facility was $64,194 as a result of the issuance of an aggregate amount of $806 of various standby letters of credit, which were required in connection with certain office leases and other agreements. The Company incurs a 1% per annum fee on the outstanding balance of issued letters of credit.

U.S. Broker Dealer maintains a $30,000 revolving credit facility agreement pre-approved by FINRA with a credit period ending May 24, 2024 and a maturity date of May 24, 2025. Borrowings on the facility bear interest equal to the Prime rate, payable quarterly in arrears of the last day of March, June, September and December of each calendar year. The Company had no borrowings under this credit facility and the available balance was $30,000 as of September 30, 2023.

Leases — The Company maintains operating leases for corporate offices and an aircraft with various expiration dates, some of which extend through 2036. Some leases include options to terminate or to extend the lease terms. The Company records lease liabilities measured at the present value of anticipated lease payments over the lease term, including options to extend or terminate the lease when it is reasonably certain such options will be exercised. The implicit discount rates used to determine the present value of the Company’s leases are not readily determinable, thus the Company uses its secured borrowing rate, which was determined with reference to our available credit line. See below for additional information about the Company’s leases.

 

 

Three Months Ended September 30,

 

Nine Months Ended September 30,

($ in thousands)

 

2023

 

2022

 

2023

 

2022

Supplemental Income Statement Information:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Operating lease cost

 

 $

6,473

 

 

 $

5,466

 

 

 $

18,212

 

 

 $

16,690

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Supplemental Cash Flow Information:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Cash paid for amounts included in the measurement of lease liabilities:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Net operating cash inflows/(outflows) for operating leases

 

 $

(4,520)

 

 

 $

(3,672)

 

 

 $

(16,934)

 

 

 $

(3,803)

 

Right-of-use assets obtained in exchange for lease obligations (e.g. new leases and amendments commenced during the period)

 

 $

18,441

 

 

 $

822

 

 

 $

35,409

 

 

 $

2,773

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Other Information:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Weighted-average remaining lease term - operating leases

 

12.09

years

 

 

12.97

 years

 

 

12.09

 years

 

 

12.97

 years

Weighted-average discount rate - operating leases

 

3.97

%

 

 

3.51

 %

 

 

3.97

%

 

 

3.51

%

During the three months ended September 30, 2023 and 2022, the Company received $1,573 and $2,314 of tenant improvement allowances, respectively, and $1,573 and $14,495 for the nine months ended September 30, 2023 and 2022, respectively. These cash receipts are included within net operating cash inflows/(outflows) for operating leases in the supplemental cash flow information above.

As of September 30, 2023, the future sublease income and maturities of our operating lease liabilities are as follows:

Fiscal year ended

 

Sublease Income

 

Operating Leases

Remainder of 2023

 

$

(204)

 

$

5,516

2024

 

 

(816)

 

 

25,248

2025

 

 

(408)

 

 

22,833

2026

 

 

 

 

21,614

2027

 

 

 

 

20,631

Thereafter

 

 

 

 

181,963

Total Payments

 

$

(1,428)

 

$

277,805

 

 

 

 

 

 

 

Less: Tenant improvement allowances

 

 

(1,346)

Less: Present value adjustment

 

 

(59,597)

Total

 

$

216,862

In April 2023, a lease commenced for office space that will replace the Company's existing space in Los Angeles. Upon commencement, $15,510 in right-of-use assets and operating lease liabilities were capitalized. In August 2023, a lease commenced to expand the Company's workspace at its headquarters at 399 Park Avenue in New York. Upon commencement, $17,259 in right-of-use assets and operating lease liabilities were capitalized.

Contractual Arrangements — In the normal course of business, the Company enters into contracts that contain a variety of representations and warranties and which provide indemnification for specified losses, including certain indemnification of certain officers, directors and employees.

Legal — In the ordinary course of business, from time to time the Company and its affiliates are involved in judicial or regulatory proceedings, arbitration or mediation concerning matters arising in connection with the conduct of its businesses, including contractual and employment matters. In addition, government agencies and self-regulatory organizations conduct periodic examinations, investigations and initiate administrative proceedings regarding the Company’s business, including, among other matters, compliance, accounting, recordkeeping and operational matters, that can result in censure, fine, the issuance of cease-and-desist orders or the suspension or expulsion of a broker-dealer, investment advisor, or its directors, officers or employees. In view of the inherent difficulty of determining whether any loss in connection with such matters is probable and whether the amount of such loss can be reasonably estimated, particularly in cases where claimants seek substantial or indeterminate damages or where investigations and proceedings are in the early stages, the Company cannot estimate the

amount of such loss or range of loss, if any, related to such matters, how or if such matters will be resolved, when they will ultimately be resolved, or what the eventual settlement, fine, penalty or other relief, if any, might be. The Company believes, based on current knowledge and after consultation with counsel, that it is not currently party to any material pending proceedings, individually or in the aggregate, the resolution of which would have a material effect on the Company.

We have reached an agreement on an Offer of Settlement ("The Settlement") with the Securities and Exchange Commission ("SEC") to resolve an administrative cease-and-desist proceeding regarding our practices relating to recordkeeping of business communications on messaging applications. The Settlement includes a civil penalty of $10,000, amongst other requirements. As a result, the Company recognized an expense of $10,000 for the nine months ended September 30, 2023, in other income and expenses in the condensed consolidated statements of operations.