Leases

9 Months Ended

Sep. 26, 2020

We lease our retail, office and manufacturing space under operating leases which, in addition to the minimum lease payments, may require payment of a proportionate share of the real estate taxes and certain building operating expenses. While our local market development approach generally results in long-term participation in given markets, our retail store leases generally provide for an initial lease term of five to 10 years. Our office and manufacturing leases provide for an initial lease term of up to 15 years. In addition, our mall-based retail store leases may require payment of variable rent based on net sales in excess of certain thresholds. Certain leases may contain options to extend the term of the original lease. The exercise of lease renewal options is at our sole discretion. Lease options are included in the lease term only if exercise is reasonably certain at lease commencement. Our lease agreements do not contain any material residual value guarantees. We also lease vehicles and certain equipment under operating leases with an initial lease term of three to five years.

Our operating lease costs include facility, vehicle and equipment lease costs, but exclude variable lease costs. Operating lease costs are recognized on a straight-line basis over the lease term, after consideration of rent escalations and rent holidays. The lease term for purposes of the calculation begins on the earlier of the lease commencement date or the date we take possession of the property. During lease renewal negotiations that extend beyond the original lease term, we estimate straight-line rent expense based on current market conditions. Variable lease costs are recorded when it is probable the cost has been incurred and the amount can be reasonably

estimated. Future payments for real estate taxes and certain building operating expenses for which we are obligated are not included in operating lease costs.

At September 26, 2020, our finance right-of-use assets and lease liabilities were not significant.

Operating lease costs were as follows (in thousands):


	Three Months Ended						Nine Months Ended
	September 26, 2020		September 28, 2019		September 26, 2020		September 28, 2019
Operating lease costs⁽¹⁾	$	22,512	$	21,583	$	67,815	$	63,719
Variable lease costs	$	333	$	466	$	608	$	1,387

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⁽¹⁾Includes short-term lease costs which are not significant.

The maturities of operating lease liabilities as of September 26, 2020, were as follows⁽¹⁾ (in thousands):


2020 (excluding the nine months ended September 26, 2020)	21,175
2021	80,946
2022	72,566
2023	62,641
2024	50,846
2025	41,941
Thereafter	96,068
Total lease payments⁽²⁾	426,183
Less: Interest	83,889
Present value of operating lease liabilities⁽³⁾	$	342,294

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⁽¹⁾We have deferred certain lease payments initially due in the second and third quarters of fiscal 2020 to future periods. These deferred rent payments of $3.7 million are excluded from this table and are included in Other current liabilities and Other non-current liabilities. See Note 1, Business and Summary of Significant Accounting Policies, New Accounting Pronouncements, Recently Adopted Accounting Guidance.

⁽²⁾Total lease payments exclude $56 million of legally binding minimum lease payments for leases signed but not yet commenced.

⁽³⁾Includes the current portion of $61 million for operating lease liabilities.

Other information related to operating leases was as follows:


	September 26, 2020		December 28, 2019
Weighted-average remaining lease term (years)	6.4		6.6
Weighted-average discount rate	7.0	%	7.2	%


	Nine Months Ended
(in thousands)	September 26, 2020		September 28, 2019
Cash paid for amounts included in present value of operating lease liabilities	$	64,208	$	60,512
Right-of-use assets obtained in exchange for operating lease liabilities	$	28,772	$	53,230