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COMMITMENTS, CONTINGENCIES, GUARANTEES AND LEGAL PROCEEDINGS
12 Months Ended
May 28, 2017
COMMITMENTS, CONTINGENCIES, GUARANTEES AND LEGAL PROCEEDINGS  
COMMITMENTS, CONTINGENCIES, GUARANTEES AND LEGAL PROCEEDINGS

15.   COMMITMENTS, CONTINGENCIES, GUARANTEES, AND LEGAL PROCEEDINGS

 

We have financial commitments and obligations that arise in the ordinary course of our business. These include long-term debt (discussed in Note 9, Debt and Financing Obligations), lease obligations, purchase commitments for goods and services, and legal proceedings (discussed below).

 

Capital commitments

 

We have capital commitments of approximately $81.7 million and $86.0 million as of May 28, 2017 and May 29, 2016, respectively, in connection with the expansion and replacement of existing facilities and equipment.

 

Lease Obligations

 

We lease certain facilities, land, and transportation equipment under agreements that expire at various dates. Rent expense for operating leases was $63.0 million, $69.2 million, and $67.4 million in fiscal 2017, 2016, and 2015, respectively.

 

The minimum lease payments under non-cancellable operating leases with lease terms in excess of one year are as follows (dollars in millions):

 

 

 

 

 

2018

 

$

17.7

2019

 

 

14.4

2020

 

 

12.2

2021

 

 

8.2

2022

 

 

3.9

Thereafter

 

 

12.4

Total

 

$

68.8

 

Guarantees and Indemnifications

 

We provide guarantees, indemnifications, and other assurances to third parties in the normal course of our business. These include tort indemnifications, environmental assurances, and representations and warranties in commercial agreements. At May 28, 2017, we were not aware of any material liabilities arising from any guarantee, indemnification, or financial assurance we have provided. If we determined such a liability was probable and subject to reasonable determination, we would accrue for it at that time.

 

In certain limited situations, Lamb Weston will guarantee an obligation of an unconsolidated entity. At the time in which Lamb Weston initially provides such a guarantee, Lamb Weston assesses the risk of financial exposure to Lamb Weston under these agreements. Lamb Weston considers the credit-worthiness of the guaranteed party, the value of any collateral pledged against the related obligation, and any other factors that may mitigate Lamb Weston’s risk. Lamb Weston actively monitors market and entity-specific conditions that may result in a change of Lamb Weston’s assessment of the risk of loss under these agreements.

 

Lamb Weston is a party to various potato purchase supply agreements with growers, under which they deliver their potato crop from the contracted acres to Lamb Weston during the harvest season, and pursuant to the potato supply agreements, pricing for this inventory is determined after delivery, taking into account crop size and quality, among other factors. Lamb Weston paid $150.8 million, $142.4 million, and $136.2 million in fiscal 2017, 2016, and 2015, respectively, under the terms of the potato supply agreements. Amounts paid are initially recorded in inventory and charged to cost of sales as related inventories are produced and subsequently sold. Under the terms of these potato supply agreements, Lamb Weston has guaranteed repayment of short-term bank loans of the potato suppliers, under certain conditions. At May 28, 2017, Lamb Weston has effectively guaranteed $29.5 million of supplier loans. Lamb Weston has not established a liability for these guarantees, as Lamb Weston has determined that the likelihood of Lamb Weston’s required performance under the guarantees is remote. Under certain other potato supply agreements, Lamb Weston makes advances to growers prior to the delivery of potatoes. The aggregate amounts of these advances were $24.4 million and $15.7 million at May 28, 2017 and May 29, 2016, respectively.

 

Lamb-Weston/Meijer, a joint venture (see Note 6, Investments in Joint Ventures, for further information), headquartered in the Netherlands, manufactures and sells frozen potato products principally in Europe. Lamb Weston and Lamb Weston’s partner are jointly and severally liable for all legal liabilities of Lamb-Weston/Meijer. As of May 28, 2017 and May 29, 2016, the total liabilities of Lamb-Weston/Meijer were $210.0 million and $203.7 million, respectively. Lamb-Weston/Meijer is well capitalized, with partners’ equity of $320.2 million and $284.5 million as of May 28, 2017 and May 29, 2016, respectively. Lamb Weston has not established a liability on its balance sheets for the obligations of Lamb-Weston/Meijer, as Lamb Weston has determined the likelihood of any required payment by Lamb Weston to settle such liabilities of Lamb-Weston/Meijer is remote.

 

After taking into account liabilities recognized for all of the foregoing matters, management believes the ultimate resolution of such matters would not have a material adverse effect on Lamb Weston’s financial condition, results of operations, or cash flows. It is reasonably possible that a change to an estimate of the foregoing matters may occur in the future.

 

Legal Proceedings

 

We are a party to legal actions arising in the ordinary course of our business. These legal actions include commercial liability claims, premises liability claims, and employment-related claims, among others. As of the date of this filing, we do not believe that any of the legal actions against us would, either individually or in the aggregate, have a material adverse effect on our financial condition, results of operations, or cash flows. Costs of legal services associated with the foregoing matters are recognized in earnings as services are provided.