Leases and Lease Commitments

12 Months Ended

Dec. 31, 2021

13. Leases and Lease Commitments

Our leasing activities primarily consist of operating leases for our corporate and shorebase offices, office and information technology equipment, employee housing, vehicles, onshore storage yards and certain rig equipment and tools and finance leases for Well Control Equipment. Our leases have original terms ranging from one month to ten years, some of which include options to extend the lease for up to five years and/or to terminate the lease within one year.

We are participants in four sale and leaseback arrangements with a subsidiary of Baker Hughes pursuant to the 2016 sale of Well Control Equipment on our drillships and corresponding agreements to lease back that equipment under ten-year finance leases for approximately $26.0 million per year in the aggregate with renewal options for two successive five-year periods. At inception, these leases were determined to be operating leases, and the excess carrying value of the Well Control Equipment over the aggregate proceeds received from the sale resulted in the recognition of prepaid rent, which was included in the operating lease ROU asset balance within “Other assets” in our Consolidated

Balance Sheet. On the Effective Date, the aggregate remaining prepaid rent balance of $8.4 million was written off in connection with fresh start accounting.

On March 31, 2021, we signed an amendment to the operating lease agreement for the Well Control Equipment, which became effective on the Effective Date. The general terms of the lease were unchanged, including the stipulated cost per day and available renewal options; however, a ceiling was added to a previously unpriced purchase option at the end of the original 10-year lease term. This amendment was considered a lease modification effective on April 23, 2021, whereby we were required to reassess lease classification and remeasure the corresponding ROU asset and lease liability. Due to the purchase option ceiling provision included in the amendment, we now believe that we are reasonably certain to exercise the purchase option at the end of the original lease term. Therefore, we have changed the lease classification from an operating lease to a finance lease and remeasured the right-of-use asset and lease liability to include the estimated purchase option price of the Well Control Equipment.

In applying ASU 2016-02, we utilize an exemption for short-term leases whereby we do not record leases with terms of one year or less on the balance sheet. We have also made an accounting policy election not to separate lease components from non-lease components for each of our classes of underlying assets, except for subsea equipment, which includes the Well Control Equipment discussed above. At inception, the consideration for the overall Well Control Equipment arrangement was allocated between the lease and service components based on an estimation of stand-alone selling price of each component, which maximized observable inputs. The costs associated with the service portion of the agreement are accounted for separately from the cost attributable to the equipment leases based on that allocation and thus, are not included in our right-of-use lease asset or lease liability balances. The non-lease components for each of our other classes of assets generally relate to maintenance, monitoring and security services and are not separated from their respective lease components. See Note 12 "Commitments and Contingencies."

The lease term used for calculating our right-of-use assets and lease liabilities is determined by considering the noncancelable lease term, as well as any extension options that we are reasonably certain to exercise. The determination to include option periods is generally made by considering the activity in the region or for the rig corresponding to the respective lease, among other contract-based and market-based factors. We have used our incremental borrowing rate to discount future lease payments as the rate implicit in our leases is not readily determinable. To arrive at our incremental borrowing rate prior to filing of the Chapter 11 Cases, we considered our unsecured borrowings and then adjusted those rates to assume full collateralization and to factor in the individual lease term and payment structure. The incremental borrowing rate for leases entered or modified subsequent to the Petition Date was determined primarily based on secured borrowing rates negotiated in relation to our reorganization and the valuations received for our new debt.

Amounts recognized in our Consolidated Balance Sheets for both our operating and finance leases are as follows (in thousands):


	Successor			Predecessor
	December 31,			December 31,
	2021			2020
Operating Leases:
Other assets	$	38,834		$	154,796
Accrued liabilities		(15,998	)		(5,072	)
Other liabilities		(22,762	)		(23,476	)
Liabilities subject to compromise (1)		—			(112,646	)
Finance Leases:
Drilling and other property and equipment, net of accumulated depreciation		162,717			—
Current finance lease liabilities		(15,865	)		—
Noncurrent finance lease liabilities		(148,358	)		—

(1)

Balance at December 31, 2020 included current and noncurrent operating lease liabilities of $16.7 million and $95.9 million, respectively

Components of lease expense are as follows (in thousands):


	Successor		Predecessor
	Period from		Period from		Year Ended		Year Ended
	April 24, 2021 through		January 1, 2021 through		December 31,		December 31,
	December 31, 2021		April 23, 2021		2020		2019
Operating lease cost	$	11,754	$	11,799	$	35,964	$	35,752
Finance lease cost:
Amortization of ROU assets		11,854		—		—		—
Interest on lease liabilities		7,796		—		—		—
Short-term lease cost		199		101		832		3,414
Variable lease cost		1,237		598		1,465		504
Total lease cost	$	32,840	$	12,498	$	38,261	$	39,670

Supplemental information related to leases is as follows (in thousands, except weighted-average data):


	Successor			Predecessor
	Period from			Period from			Year Ended			Year Ended
	April 24, 2021 through			January 1, 2021 through			December 31,			December 31,
	December 31, 2021			April 23, 2021			2020			2019
Operating Leases:
Operating cash flows used	$	12,005		$	10,817		$	35,057		$	39,561
Right-of-use assets obtained in exchange for lease liabilities		19,064			1,076			10,645			26,248
Weighted-average remaining lease term (1)	4.4 years			5.9 years			5.6 years			6.7 years
Weighted-average discount rate (1)		6.53	%		6.89	%		8.94	%		8.68	%
Finance Leases:
Operating cash flows used	$	7,796		$	—		$	—		$	—
Financing cash flows used		9,845			—			—			—
Right-of-use assets obtained in exchange for lease liabilities		174,571			—			—			—
Weighted-average remaining lease term (1)	4.5 years			n/a			n/a			n/a
Weighted-average discount rate (1)		6.72	%	n/a			n/a			n/a

(1)

Amounts represent the weighted average remaining lease term or discount rate as of the end of the respective period presented.

Maturities of lease liabilities as of December 31, 2021 are as follows (in thousands):


	Operating Leases			Finance Leases			Total
2022	$	17,956		$	26,280		$	44,236
2023		8,056			26,280			34,336
2024		4,678			26,352			31,030
2025		3,403			26,280			29,683
2026		3,411			96,430			99,841
Thereafter		7,694			—			7,694
Total lease payments		45,198			201,622		$	246,820
Less: interest		(6,438	)		(37,399	)
Total lease liability	$	38,760		$	164,223