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LEASES
9 Months Ended
Sep. 30, 2023
Leases [Abstract]  
LEASES
7. LEASES
The Company has entered into non-cancellable operating and finance leases for office, data facilities, computer and networking equipment, electrical infrastructure and office equipment, with lease periods expiring through 2035. In addition, certain leases contain bargain renewal options extending through 2051. The Company recognizes lease expense for these leases on a straight-line basis over the lease term, which includes any bargain renewal options. The Company recognizes rent expense on a straight-line basis over the lease period. In addition to minimum rent, certain leases require payment of real estate taxes, insurance, common area maintenance charges, and other executory costs. Differences between rent expense and rent paid are recognized as adjustments to operating lease right-of-use assets on the Company’s Consolidated Balance Sheets. For certain leases, the Company receives lease incentives, such as tenant improvement allowances, and records those as adjustments to operating lease right-of-use assets and operating lease liabilities on the Company’s Consolidated Balance Sheets and amortizes the lease incentives on a straight-line basis over the lease term as an adjustment to rent expense.
The components of operating and finance leases are presented on the Company’s Consolidated Balance Sheets as follows (in thousands):
Financial statement line itemSeptember 30, 2023December 31, 2022
Assets:
Operating lease right-of-use assetsOperating lease right-of-use assets$6,583 $20,430 
Finance lease right-of-use assets*
Property, plant and equipment, net$17,996 $31,213 
Liabilities:
Operating lease liabilities,
   current portion
Operating lease liabilities,
   current portion
$205 $769 
Operating lease liabilities, net
   of current portion
Operating lease liabilities, net
   of current portion
$1,047 $720 
Finance lease liabilities, current portionFinance lease liabilities, current portion$19,833 $— 
Finance lease liabilities, net of
   current portion
Finance lease liabilities, net of current portion$35,909 $— 
Operating and finance lease liabilities subject to compromiseLiabilities subject to compromise$— $84,664 
* December 31, 2022 revised to reflect the impact of the 2022 impairments of property, plant and equipment.
The components of lease expense were as follows (in thousands):
Three Months Ended September 30,
Financial statement line item20232022
Operating lease expenseGeneral and administrative expenses$77 $589 
Short-term lease expenseGeneral and administrative expenses161 195 
Finance lease expense:
Amortization of right-of-use assetsCost of revenue2,580 9,040 
Interest on lease liabilitiesInterest expense, net766 2,278 
Total finance lease expense3,346 11,318 
Total lease expense$3,584 $12,102 
Nine Months Ended September 30,
Financial statement line item20232022
Operating lease expenseGeneral and administrative expenses$675 $898 
Short-term lease expenseGeneral and administrative expenses523 671 
Finance lease expense:
Amortization of right-of-use assetsCost of revenue9,708 27,563 
Interest on lease liabilitiesInterest expense, net1,508 6,617 
Total finance lease expense11,216 34,180 
Total lease expense$12,414 $35,749 
In determining the discount rate used to measure the right-of-use asset and lease liability, we use rates implicit in the lease, or if not readily available, we use our incremental borrowing rate. Our incremental borrowing rate is based on an estimated secured rate with reference to recent borrowings of similar collateral and tenure when available. Determining our incremental borrowing rate, especially if there are insufficient observable borrowings near the time of lease commencement, may require significant judgment.
Information relating to the lease term and discount rate is as follows:
September 30, 2023September 30, 2022
Weighted Average Remaining Lease Term (Years)
Operating leases15.410.7
Finance leases1.32.3
Weighted Average Discount Rate
Operating leases7.1 %6.5 %
Finance leases12.9 %12.7 %

The following tables summarize the Company’s supplemental cash flow information (in thousands):

Nine Months Ended September 30,
20232022
Lease Payments
Operating lease payments$499 $474 
Finance lease payments$3,501 $34,287 
Supplemental Noncash Information
$— $21,574 
Operating lease right-of-use assets obtained in exchange for lease obligations1
$— $10,557 
(Decrease) increase in finance lease right-of-use assets as a result of lease modification
$(11,644)$693 
Decrease in ROU related due to termination$13,144 $— 
Decrease in lease liability due to termination$(13,517)$— 
1Includes operating lease right-of-use assets of $6.7 million that were recorded upon adoption of Topic 842 on January 1, 2022.
The Company’s minimum payments under noncancelable operating and finance leases having initial terms and bargain renewal periods in excess of one year are as follows at September 30, 2023, and thereafter (in thousands):
Operating leasesFinance leases
Remaining 2023$272 $26,173 
2024170 30,950 
2025170 1,863 
2026170 
2027170 — 
Thereafter1,252 — 
Total lease payments2,204 58,989 
Less: imputed interest952 3,247 
Total$1,252 $55,742 
Balance Sheet Classification
As discussed in 5 — Notes Payable, in October 2022, the Company determined not to make certain payments with respect to several of its debt facilities, equipment financing facilities and leases and other financings, including its two bridge promissory notes. As a result, the creditors under these debt facilities may exercise remedies following any applicable grace periods (which have passed) and pursuant to any confirmed plan of reorganization, including electing to accelerate the principal amount of such debt, suing the Company for nonpayment, increasing interest rates to default rates, or taking action with respect to collateral, where applicable. Remedies available under these debt facilities are stayed while the Company is under Chapter 11 protections.
LEASES
7. LEASES
The Company has entered into non-cancellable operating and finance leases for office, data facilities, computer and networking equipment, electrical infrastructure and office equipment, with lease periods expiring through 2035. In addition, certain leases contain bargain renewal options extending through 2051. The Company recognizes lease expense for these leases on a straight-line basis over the lease term, which includes any bargain renewal options. The Company recognizes rent expense on a straight-line basis over the lease period. In addition to minimum rent, certain leases require payment of real estate taxes, insurance, common area maintenance charges, and other executory costs. Differences between rent expense and rent paid are recognized as adjustments to operating lease right-of-use assets on the Company’s Consolidated Balance Sheets. For certain leases, the Company receives lease incentives, such as tenant improvement allowances, and records those as adjustments to operating lease right-of-use assets and operating lease liabilities on the Company’s Consolidated Balance Sheets and amortizes the lease incentives on a straight-line basis over the lease term as an adjustment to rent expense.
The components of operating and finance leases are presented on the Company’s Consolidated Balance Sheets as follows (in thousands):
Financial statement line itemSeptember 30, 2023December 31, 2022
Assets:
Operating lease right-of-use assetsOperating lease right-of-use assets$6,583 $20,430 
Finance lease right-of-use assets*
Property, plant and equipment, net$17,996 $31,213 
Liabilities:
Operating lease liabilities,
   current portion
Operating lease liabilities,
   current portion
$205 $769 
Operating lease liabilities, net
   of current portion
Operating lease liabilities, net
   of current portion
$1,047 $720 
Finance lease liabilities, current portionFinance lease liabilities, current portion$19,833 $— 
Finance lease liabilities, net of
   current portion
Finance lease liabilities, net of current portion$35,909 $— 
Operating and finance lease liabilities subject to compromiseLiabilities subject to compromise$— $84,664 
* December 31, 2022 revised to reflect the impact of the 2022 impairments of property, plant and equipment.
The components of lease expense were as follows (in thousands):
Three Months Ended September 30,
Financial statement line item20232022
Operating lease expenseGeneral and administrative expenses$77 $589 
Short-term lease expenseGeneral and administrative expenses161 195 
Finance lease expense:
Amortization of right-of-use assetsCost of revenue2,580 9,040 
Interest on lease liabilitiesInterest expense, net766 2,278 
Total finance lease expense3,346 11,318 
Total lease expense$3,584 $12,102 
Nine Months Ended September 30,
Financial statement line item20232022
Operating lease expenseGeneral and administrative expenses$675 $898 
Short-term lease expenseGeneral and administrative expenses523 671 
Finance lease expense:
Amortization of right-of-use assetsCost of revenue9,708 27,563 
Interest on lease liabilitiesInterest expense, net1,508 6,617 
Total finance lease expense11,216 34,180 
Total lease expense$12,414 $35,749 
In determining the discount rate used to measure the right-of-use asset and lease liability, we use rates implicit in the lease, or if not readily available, we use our incremental borrowing rate. Our incremental borrowing rate is based on an estimated secured rate with reference to recent borrowings of similar collateral and tenure when available. Determining our incremental borrowing rate, especially if there are insufficient observable borrowings near the time of lease commencement, may require significant judgment.
Information relating to the lease term and discount rate is as follows:
September 30, 2023September 30, 2022
Weighted Average Remaining Lease Term (Years)
Operating leases15.410.7
Finance leases1.32.3
Weighted Average Discount Rate
Operating leases7.1 %6.5 %
Finance leases12.9 %12.7 %

The following tables summarize the Company’s supplemental cash flow information (in thousands):

Nine Months Ended September 30,
20232022
Lease Payments
Operating lease payments$499 $474 
Finance lease payments$3,501 $34,287 
Supplemental Noncash Information
$— $21,574 
Operating lease right-of-use assets obtained in exchange for lease obligations1
$— $10,557 
(Decrease) increase in finance lease right-of-use assets as a result of lease modification
$(11,644)$693 
Decrease in ROU related due to termination$13,144 $— 
Decrease in lease liability due to termination$(13,517)$— 
1Includes operating lease right-of-use assets of $6.7 million that were recorded upon adoption of Topic 842 on January 1, 2022.
The Company’s minimum payments under noncancelable operating and finance leases having initial terms and bargain renewal periods in excess of one year are as follows at September 30, 2023, and thereafter (in thousands):
Operating leasesFinance leases
Remaining 2023$272 $26,173 
2024170 30,950 
2025170 1,863 
2026170 
2027170 — 
Thereafter1,252 — 
Total lease payments2,204 58,989 
Less: imputed interest952 3,247 
Total$1,252 $55,742 
Balance Sheet Classification
As discussed in 5 — Notes Payable, in October 2022, the Company determined not to make certain payments with respect to several of its debt facilities, equipment financing facilities and leases and other financings, including its two bridge promissory notes. As a result, the creditors under these debt facilities may exercise remedies following any applicable grace periods (which have passed) and pursuant to any confirmed plan of reorganization, including electing to accelerate the principal amount of such debt, suing the Company for nonpayment, increasing interest rates to default rates, or taking action with respect to collateral, where applicable. Remedies available under these debt facilities are stayed while the Company is under Chapter 11 protections.