Annual report [Section 13 and 15(d), not S-K Item 405]

Commitments and Contingencies

v3.25.1
Commitments and Contingencies
12 Months Ended
Dec. 28, 2024
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.

During the first quarter of 2024, the Company entered into a lease agreement for a new distribution center in Las Vegas, Nevada. The lease commenced on February 1, 2024 with a eighty-seven month lease term set to expire in April of 2031. The Company is obligated to pay approximately $186 in monthly base rent (rent abatement for three months in the first year), which shall increase by 4% each year beginning on the second-year anniversary of the lease term. In accordance with ASU 842Leases (“ASC 842”), the Company recorded $12,857 in Right-of-use assets – operating, non-current, and $12,018 in Right-of-use obligation – operating, non-current, with $839 recorded in Right-of-use obligation – operating, current, on the consolidated balance sheet at the commencement of the lease.

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

Fiscal Year ended

    

December 28, 2024

December 30, 2023

    

Components of lease cost

Finance lease cost components

Amortization of finance lease assets

$

4,491

$

5,040

Interest on finance lease liabilities

866

1,058

Total finance lease costs

$

5,357

$

6,098

Operating lease costs

$

4,884

$

4,488

Total lease cost

$

10,241

$

10,586

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

Fiscal Year ended

December 28, 2024

December 30, 2023

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

Operating cash outflow from operating leases

$

7,006

$

5,549

Operating cash outflow from finance leases

866

1,058

Financing cash outflow from finance leases

4,311

4,738

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

5.4

5.6

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

4.9

4.6

Weighted-average discount rate-finance leases

6.48

%

6.13

%

Weighted-average discount rate-operating leases

6.37

%

4.08

%

Lease commitments as of December 28, 2024 were as follows:

    

Finance Leases

    

Operating Leases

    

Total

2025

    

$

4,123

$

7,444

$

11,567

2026

 

3,171

 

6,861

 

10,032

2027

 

1,870

 

6,918

 

8,788

2028

 

1,192

 

5,253

 

6,445

2029

 

1,057

 

4,003

 

5,060

Thereafter

3,637

3,897

7,534

Total minimum payments required

15,052

34,377

49,429

Less portion representing interest

2,739

5,364

8,103

Present value of lease obligations

$

12,313

$

29,013

$

41,326

Less current portion of lease obligations

 

3,471

 

5,810

 

9,281

Long-term portion of lease obligations

$

8,842

$

23,203

$

32,045

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, Texas warehouse has filed a negligence claim in the Superior Court of the State of California, Los Angeles Count y, Central District relating to a workplace injury from March 2021. In July 2024, the Court granted the Company’s motion for summary judgement. Appeals could be filed by the plaintiff and the Company intends to continue 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.