XML 33 R10.htm IDEA: XBRL DOCUMENT v2.4.0.6
Commitments And Contingencies
12 Months Ended
Dec. 31, 2011
Commitments And Contingencies [Abstract]  
Commitments And Contingencies

4.

Commitments and Contingencies.

 

Operating Leases. The Company conducts its operations in a leased facility. On March 27, 2008, the Company entered into an operating lease for its current facility which is in effect from August 2008 through February 2016. The Company had also previously leased equipment under operating lease agreements effective through September 2009. Rent expense under all of these leases, excluding operating costs, was approximately $445,000, $446,000 and $451,000 for the years ended December 31, 2011, 2010 and 2009.

 

 

 

Minimum future lease obligations under these leases, excluding operating costs, are approximately as follows for the years ending December 31:


 

 

 

 

 

2012

 

$

 465,000

 

2013

 

 

474,000

 

2014

 

 

484,000

 

2015

 

 

492,000

 

2016

 

 

82,000

 


 

 

 

Retailer Agreements. The Company has contracts in the normal course of business with various retailers, some of which provide for fixed or store-based payments rather than sign placement-based payments. During the years ended December 31, 2011, 2010 and 2009, the Company incurred $1,371,000, $3,324,000 and $3,017,000 of costs related to fixed and store-based payments. The amounts are recorded in Cost of Services in the Company's Statements of Operations.


 

 

 

Aggregate commitment amounts under agreements with retailers are approximately as follows for the years ending December 31:


 

 

 

 

 

2012

 

$

807,000

 

2013

 

 

791,000

 

2014

 

 

256,000

 

On an ongoing basis the Company negotiates renewals of various retailer agreements. Upon the completion of future contract renewals, the annual commitment amounts for 2012 and thereafter could be in excess of the amounts above.

Legal. On February 9, 2011, the Company and News America entered into a settlement agreement to resolve the antitrust and false advertising lawsuit that had been outstanding for several years. Pursuant to the Settlement Agreement, News America paid the Company $125,000,000, and the Company paid News America $4,000,000 in exchange for a 10-year arrangement to sell signs with price into News America's network of retailers as News America's exclusive agent (see Note 2).

A reconciliation of the settlement proceeds to the gain from litigation settlement recognized in the Company's Statements of Operations is as follows:

 

 

 

 

 

 

 

 

 

 

 

Year Ended December 31

 

2011

 

2010

 

2009

 

Settlement proceeds

 

$

125,000,000

 

$

 

$

 

Less contingent attorney's fees

 

 

(31,250,000

)

 

 

 

 

Less bonuses paid to employees

 

 

(3,988,000

)

 

 

 

 

Gain from litigation settlement, net

 

$

89,762,000

 

$

 

$

 


 

 

 

In March 2009, the Company settled its claim against its directors and officers liability and general liability insurer and received a payment of $1,387,000 as part of the settlement. The Company recorded the payment as Insurance Settlement Proceeds in the Statements of Operations for the year ended December 31, 2009, and the litigation with the insurers is now finished.

 

 

 

During the years ended December 31, 2011, 2010 and 2009, the Company incurred legal fees of $1,588,000, $2,081,000 and $1,839,000. Legal fees and expenses are expensed as incurred and are included in general and administrative expenses in the Company's Statements of Operations.

 

 

 

The Company is subject to various other legal proceedings in the normal course of business. Management believes the outcome of these proceedings will not have a material adverse effect on the Company's financial position or results of operations.