Commitments and Contingencies

12 Months Ended

Dec. 31, 2013

Commitments and Contingencies Disclosure [Abstract]

Commitments and Contingencies

Commitments and Contingencies

The Company utilizes operating and capital leases for a portion of its facilities and equipment.  Generally, the leases provide that the Company pay real estate taxes, maintenance, insurance and other occupancy expenses applicable to leased premises.  Certain leases provide for renewal for various periods at stipulated rates. 

The minimum future rental commitments under operating and capital leases are as follows (In thousands):
For the years ending December 31,
2014	$	9,374
2015	6,852
2016	4,787
2017	3,271
2018	2,370
and thereafter	2,740
Total minimum payments required	$	29,394

Rent expense for the years ended December 31, 2013 and 2012 and the eleven months ended December 31, 2011 was $8.4 million, $10.7 million and $9.4 million, respectively.

Included within Other current assets on the Company's December 31, 2012 consolidated balance sheet is a miscellaneous receivable of approximately $8.5 million which was being held by a third party bank in connection with a dispute with a former credit card processor. The Company received the full balance in April 2013.

The Company, certain of its officers, FVA Ventures, Inc. (“FVA”), ViSalus Holdings, LLC, ViSalus and one of its Founders were named as defendants in a putative class action filed in federal district court in Connecticut on behalf of purchasers of the Company's common stock during the period March to November 2012. On June 3, 2013, the Company and the other defendants moved to dismiss the then-operative amended complaint. In lieu of responding to the motion to dismiss, on June 24, 2013 plaintiff filed a second amended complaint, which is currently operative and names as defendants the Company, certain of its officers, ViSalus Holdings, LLC, ViSalus, and a ViSalus co-founder/promoter. The second amended complaint, which seeks unspecified damages and asserts violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder, alleges certain misstatements and omissions by certain defendants, including concerning ViSalus's operations and prospects, and further alleges that certain defendants engaged in a fraudulent or deceptive “scheme.” On August 2, 2013, the Company and the other defendants filed a memorandum of law in support of their motion to dismiss the second amended complaint. On September 12, 2013, plaintiff filed a memorandum of law opposing defendants’ motion to dismiss its second amended complaint, and on October 3, 2013 the Company and the other defendants filed a reply memorandum in support of their motion to dismiss the second amended complaint. Oral argument on the motion was held on March 6, 2014. The Company believes that it has meritorious defenses to the claims asserted against it and it intends to defend itself vigorously.

The Company is also involved in litigation arising in the ordinary course of business, which, in its opinion, will not have a

material adverse effect on its financial position, results of operations or cash flows.