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COMMITMENTS AND CONTINGENCIES
12 Months Ended
Dec. 31, 2016
COMMITMENTS AND CONTINGENCIES  
COMMITMENTS AND CONTINGENCIES

14.  COMMITMENTS AND CONTINGENCIES

 

Bank Line of Credit—In May 2015 the Company renewed its unsecured revolving credit facility which increased the commitment amount and extended the maturity date to June 30, 2017. As of December 31, 2016, the commitment amount was $40,000.

 

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) LIBOR plus 1% or (ii) Prime minus 1.50%. As of December 31, 2016 and 2015, the Company had no borrowings under the credit facility.

 

As of December 31, 2016, the Company’s available credit under this facility was $33,161 as a result of the issuance of an aggregate amount of $6,839 of various standby letters of credit, which were required in connection with certain office lease and other agreements. The Company incurs a 1% per annum fee on the outstanding balance of issued letters of credit.

 

Leases—The Company maintains operating leases with expiration dates that extend through 2026. The Company incurred expense relating to its operating leases of $15,856,  $12,942 and $10,769 for the years ended December 31, 2016, 2015 and 2014, respectively. These amounts include reductions in occupancy expense of $852,  $0 and $0 for the years ended December 31, 2016, 2015 and 2014, respectively, related to sublease agreements which expired in October 2016. During the second quarter, the Company decided to sublet a portion of its growth space in the U.K. following the expiration of the existing agreements, which required a sublease loss reserve to be recognized for the estimated net economics of such sublet. The expense related to operating leases for the year ended December 31, 2016 includes $1,741 related to the aforementioned sublease loss reserve, which is remeasured at each reporting period.

 

The future minimum rental payments required under the operating leases in place at December 31, 2016 are as follows:

 

 

 

 

 

 

 

 

 

 

Fiscal year ended

    

Operating Leases

    

Sublease Income

    

Net Minimum Payments

2017

 

$

17,124

 

$

(35)

 

$

17,089

2018

 

 

16,981

 

 

(417)

 

 

16,564

2019

 

 

16,979

 

 

(591)

 

 

16,388

2020

 

 

11,106

 

 

(835)

 

 

10,271

2021

 

 

5,780

 

 

(835)

 

 

4,945

Thereafter

 

 

15,620

 

 

(2,922)

 

 

12,698

Total

 

$

83,590

 

$

(5,635)

 

$

77,955

 

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.

 

Joint Venture Put and Call Options—In connection with the Company’s Australian JV, the Company granted a put option in April 2010 enabling the key senior Australian executive to sell his shares held in the Australian JV back to the Company at fair value. The put option can be exercised if the key senior Australian executive ceases to be employed by the Australian JV (including due to death, disability or resignation but excluding termination for cause) and following such cessation of employment, the key senior Australian executive, the remaining Australian executives and the Company are unable to agree upon a restructuring of the Australian JV. If the put option is exercised, the Company will be required to pay 50% of the purchase price upon exercise and the remaining balance within 18 months (in cash or listed stock). In addition, since April 2010, the Company has held a call option to purchase the shares from the Trust at fair value with payment terms equal to those called for under the put option.

 

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 and initiate administrative proceedings regarding the Company’s business, including, among other matters, compliance, accounting 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. Subject to the foregoing, 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.