COMMITMENTS AND CONTINGENCIES

12 Months Ended

Dec. 31, 2021

Commitments and Contingencies Disclosure [Abstract]

We have noncancelable operating leases for office and plant facilities, equipment and automobiles that expire at various dates through 2040. Certain operating leases have renewal options and rent escalation clauses as well as various purchase options.

Lease right-of-use assets represent the right to use an underlying asset pursuant to the lease for the lease term, and lease liabilities represent the obligation to make lease payments arising from the lease. Lease right-of-use assets and lease liabilities are recognized at the commencement of an arrangement where it is determined at inception that a lease exists. These assets and liabilities are initially recognized based on the present value of lease payments over the lease term calculated using our incremental borrowing rate generally applicable to the location of the lease right-of-use asset, unless an implicit rate is readily determinable. We combine lease and certain non-lease components in determining the lease payments subject to the initial present value calculation. Lease right-of-use assets include upfront lease payments and exclude lease incentives, where applicable. Lease terms include options to extend or terminate the lease when it is reasonably certain that those options will be exercised.

Lease expense for operating leases consists of both fixed and variable components. Expense related to fixed lease payments is recognized on a straight-line basis over the lease term. Variable lease payments are generally expensed as incurred, where applicable, and include certain index-based changes in rent, certain non-lease components, such as maintenance and other services provided by the lessor, and other charges included in the lease. Leases with an initial term of twelve months or less are not recorded on the balance sheet. The depreciable life of lease right-of-use assets is generally the expected lease term, unless there is a transfer of title or purchase option reasonably certain of exercise for such assets.

We recognized total lease expense of $86.7 million, $80.3 million and $71.0 million for the years ended December 31, 2021, 2020 and 2019, respectively, primarily related to operating lease costs paid to lessors from operating cash flows. Right-of-use assets obtained in exchange for new operating lease liabilities, a non-cash item, were $73.6 million, $56.7 million and $52.0 million for the years ended December 31, 2021, 2020 and 2019, respectively.

Operating lease right-of-use assets were recorded in our Consolidated Balance Sheets as other assets, net of $232.3 million and $206.6 million as of December 31, 2021 and 2020, respectively. Operating lease liabilities of $241.4 million and $215.1 million were recorded in our Consolidated Balance Sheets as accrued liabilities of $43.2 million and $41.2 million and other liabilities of $198.3 million and $173.9 million as of December 31, 2021 and 2020, respectively. At December 31, 2021, our operating leases had a weighted average discount rate of 4.8 percent and a weighted average remaining lease term of approximately 8 years.

To a lesser extent, we have certain leases that qualify as finance leases. Finance lease right-of-use assets were recorded in our Consolidated Balance Sheets as property, plant and equipment, net of $70.5 million and $39.0 million as of December 31, 2021 and 2020, respectively. Finance lease liabilities of $68.7 million and $34.5 million were recorded in our Consolidated Balance Sheets as current portion of long term-debt of $2.7 million and $1.9 million as of December 31, 2021 and 2020, respectively, and long-term debt of $66.0 million and $32.6 million as of December 31, 2021 and 2020, respectively. In connection with our acquisition of Silgan Specialty Packaging, we assumed a finance lease of $35.8 million in 2021. At December 31, 2021, our finance leases had a weighted average discount rate of 4.5 percent and a weighted average remaining lease term of approximately 11 years.

The aggregate annual maturities of lease liabilities are as follows (dollars in thousands):


	Operating		Finance
	Leases		Leases
2022	$	53,029	$	6,323
2023	48,494		5,640
2024	40,574		29,482
2025	34,282		2,919
2026	26,622		2,972
Thereafter	87,884		42,649
Total lease payments	290,885		89,985
Less imputed interest	(49,439)		(21,255)
Total	$	241,446	$	68,730

At December 31, 2021, we did not have any significant operating or finance leases that had not commenced.

At December 31, 2021, we had noncancelable commitments for capital expenditures in 2022 of $38.1 million.

A competition authority in Germany commenced an antitrust investigation in 2015 involving the industry association for metal packaging in Germany and its members, including our metal closures and metal containers subsidiaries in Germany. At the end of April 2018, the European Commission commenced an antitrust investigation involving the metal packaging industry in Europe including our metal closures and metal containers subsidiaries, which should effectively close out the investigation in Germany. Given the current stage of the investigation, we cannot reasonably assess what actions may result from these investigations or estimate what costs we may incur as a result thereof.

We are a party to other legal proceedings, contract disputes and claims arising in the ordinary course of our business. We are not a party to, and none of our properties are subject to, any pending legal proceedings which could have a material adverse effect on our business or financial condition.