Annual report pursuant to Section 13 and 15(d)

Commitments and Contingencies

v3.24.0.1
Commitments and Contingencies
12 Months Ended
Dec. 30, 2023
Commitments and Contingencies.  
Commitments and Contingencies

Note 8 – Commitments and Contingencies

Facilities Leases

The Company’s leases its corporate headquarters located in Torrance, California. The Company also leases warehouse space in LaSalle, Illinois, Chesapeake, Virginia, Las Vegas, Nevada, Grand Prairie, Texas, and Jacksonville, Florida, in addition to leasing office space for the Philippines subsidiary.

Quantitative information regarding the Company’s leases are as follows (in thousands):

Fiscal Year ended

    

December 30, 2023

December 31, 2022

    

January 1, 2022

Components of lease cost

Finance lease cost components

Amortization of finance lease assets

$

5,040

$

4,440

$

2,571

Interest on finance lease liabilities

1,058

1,139

1,111

Total finance lease costs

$

6,098

$

5,579

$

3,682

Operating lease costs

$

4,488

$

4,107

$

2,441

Total lease cost

$

10,586

$

9,686

$

6,123

Supplemental cash flow information related to operating and finance leases is as follows:

Fiscal Year ended

December 30, 2023

December 31, 2022

January 1, 2022

Cash paid for amounts included in the measurement of lease liabilities:

Operating cash outflow from operating leases

$

5,549

$

5,269

$

3,399

Operating cash outflow from finance leases

1,058

1,139

1,111

Financing cash outflow from finance leases

4,738

4,232

2,164

Weighted-average remaining lease term-finance leases (in years)

5.6

5.8

7.2

Weighted-average remaining lease term-operating leases (in years)

4.6

5.4

6.3

Weighted-average discount rate-finance leases

6.13

%

5.72

%

6.06

%

Weighted-average discount rate-operating leases

4.08

%

4.11

%

4.12

%

Lease commitments as of December 30, 2023 were as follows:

    

Finance Leases

    

Operating Leases

    

Total

2024

    

$

5,126

$

5,529

$

10,655

2025

 

4,103

 

5,140

 

9,243

2026

 

3,223

 

4,465

 

7,688

2027

 

1,885

 

4,425

 

6,310

2028

 

1,206

 

2,662

 

3,868

Thereafter

4,634

1,475

6,109

Total minimum payments required

20,177

23,696

43,873

Less portion representing interest

3,542

2,205

5,747

Present value of lease obligations

$

16,635

$

21,491

$

38,126

Less current portion of lease obligations

 

4,308

 

4,749

 

9,057

Long-term portion of lease obligations

$

12,327

$

16,742

$

29,069

Legal Matters

Asbestos. A wholly-owned subsidiary of the Company, Automotive Specialty Accessories and Parts, Inc. and its wholly-owned subsidiary Whitney Automotive Group, Inc. ("WAG"), are named defendants in several lawsuits involving claims for damages caused by installation of brakes during the late 1960’s and early 1970’s that contained asbestos. WAG marketed certain brakes, but did not manufacture any brakes. WAG maintains liability insurance coverage to protect its and the Company’s assets from losses arising from the litigation and coverage is provided on an

occurrence rather than a claims made basis, and the Company is not expected to incur significant out-of-pocket costs in connection with this matter that would be material to its consolidated financial statements.

Ordinary course litigation. The Company is subject to legal proceedings and claims which arise in the ordinary course of its business, including, for example, claims relating to product liability, workplace injuries, intellectual property rights, and employment matters. For example, a worker, who was directly employed by the Company’s third party labor contracting firm at the Company’s Grand Prairie, TX warehouse has filed a negligence claim in the Superior Court of the State of California, Los Angeles County, Central District relating to a workplace injury from March 2021. The case is in the discovery stage, and trial is currently scheduled for August 2024. The Company intends to defend itself vigorously, although there can be no assurance that there will not be some liability. As of the date hereof, the Company believes that the final disposition of such matters will not have a material adverse effect on the financial position, results of operations or cash flow of the Company. The Company maintains liability insurance coverage to protect the Company’s assets from losses arising out of or involving activities associated with ongoing and normal business operations.

Related Party Matters

The Company has entered into indemnification agreements with the Company’s directors and executive officers. These agreements require the Company to indemnify these individuals to the fullest extent permitted under law against liabilities that may arise by reason of their service to the Company, and to advance expenses incurred as a result of any proceeding against them as to which they could be indemnified.