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Commitments and Contingencies
3 Months Ended
Mar. 31, 2014
Commitments and Contingencies Disclosure [Abstract]  
Commitments and Contingencies
Commitments and Contingencies
As of March 31, 2014, the Company’s material contractual obligations were as follows (in thousands):
 
Total
 
Remainder of 2014
 
2015
 
2016
 
2017
 
2018
 
Thereafter
Contractual obligations (1)
 

 
 

 
 

 
 

 
 

 
 

 
 

Imputed financing obligation (2)
$
38,808

 
$
4,422

 
$
6,010

 
$
6,156

 
$
6,302

 
$
6,447

 
$
9,471

Leases and other contractual obligations
7,118

 
2,399

 
2,118

 
1,243

 
1,018

 
340

 

Software licenses (3)
5,684

 
2,446

 
2,865

 
373

 

 

 

Acquisition retention bonuses (4)
16,749

 
16,679

 
70

 

 

 

 

Convertible notes
310,500

 
172,500

 

 

 

 
138,000

 

Interest payments related to convertible notes
11,300

 
5,089

 
1,553

 
1,553

 
1,553

 
1,552

 

Total
$
390,159

 
$
203,535

 
$
12,616

 
$
9,325

 
$
8,873

 
$
146,339

 
$
9,471

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(1)
The above table does not reflect possible payments in connection with uncertain tax benefits of approximately $20.0 million including $18.0 million recorded as a reduction of long-term deferred tax assets and $2.0 million in long-term income taxes payable as of March 31, 2014. As noted below in Note 13, “Income Taxes,” although it is possible that some of the unrecognized tax benefits could be settled within the next 12 months, the Company cannot reasonably estimate the outcome at this time.
(2)
With respect to the imputed financing obligation, the main components of the difference between the amount reflected in the contractual obligations table and the amount reflected on the condensed consolidated balance sheets are the interest on the imputed financing obligation and the estimated common area expenses over the future periods. Additionally, the amount includes the amended Ohio lease and the amended Sunnyvale lease.
(3)
The Company has commitments with various software vendors for non-cancellable license agreements generally having terms longer than one year. The above table summarizes those contractual obligations as of March 31, 2014 which are also presented on the Company’s condensed consolidated balance sheet under current and other long-term liabilities.
(4)
In connection with acquisitions, the Company is obligated to pay retention bonuses to certain employees and contractors, subject to certain eligibility and acceleration provisions including the condition of employment.  The remaining $16.7 million of CRI retention bonuses payable on June 3, 2014 can be paid in cash or stock at the Company’s election.
Building lease expense was approximately $0.6 million and $0.9 million for the three months ended March 31, 2014 and 2013, respectively. Deferred rent of $1.3 million and $1.4 million as of March 31, 2014 and December 31, 2013, respectively, were included primarily in other long-term liabilities.
Indemnification
The Company enters into standard license agreements in the ordinary course of business. Although the Company does not indemnify most of its customers, there are times when an indemnification is a necessary means of doing business. Indemnification covers customers for losses suffered or incurred by them as a result of any patent, copyright, or other intellectual property infringement or any other claim by any third party arising as result of the applicable agreement with the Company. The Company generally attempts to limit the maximum amount of indemnification that the Company could be required to make under these agreements, to the amount of fees received by the Company.