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Commitments and Contingencies
3 Months Ended
Mar. 31, 2020
Commitments and Contingencies [Abstract]  
Commitments and Contingencies

10. Commitments and Contingencies

From time to time, the Company may be named in legal actions and proceedings. These actions may seek substantial or indeterminate compensatory as well as punitive damages or injunctive relief. The Company is also subject to governmental or regulatory examinations or investigations. The examinations or investigations could result in adverse judgments, settlements, fines, injunctions, restitutions, or other relief. For such matters, if any, the consolidated financial statements include the necessary provisions for losses that the Company believes are probable and estimable. Furthermore, the Company evaluates whether there exist losses which may be reasonably possible and will, if material, make the necessary disclosures. However, management believes such amounts, both those that are probable and those that are reasonably possible, are not material to the Company’s financial condition, operations, or cash flows at March 31, 2020.

Leases

On December 5, 1997, the Company entered into a fifteen-year lease, expiring on April 30, 2013, of office space from an entity controlled by members of the Chairman’s family.  On June 11, 2013, the Company modified and extended its lease with M4E, LLC, the Company’s landlord at One Corporate Center, Rye, NY.  The lease term was extended to December 31, 2028 and the base rental remained at $18 per square foot, or $1.1 million, for 2014.  For each subsequent year through December 31, 2028, the base rental is determined by the change in the consumer price index for the New York Metropolitan Area for November of the immediate prior year with the base period as November 2008 for the New York Metropolitan Area.

This lease has been accounted for as a finance lease under FASB ASC Topic 842 (and prior to 2019, as a capital lease under FASB ASC Topic 840, Leases) as it transfers substantially all the benefits and risks of ownership to the Company.  The Company has recorded the leased property as an asset and a lease obligation for the present value of the obligation of the leased property.  The leased property is amortized on a straight-line basis from the date of the most recent extension to the end of the lease. The lease obligation is amortized over the same term using the interest method of accounting.  Finance lease improvements are amortized from the date of expenditure through the end of the lease term or the useful life, whichever is shorter, on a straight-line basis.  The lease provides that all operating expenses relating to the property (such as property taxes, utilities, and maintenance) are to be paid by the lessee, GAMCO.  These are recognized as expenses in the periods in which they are incurred.  Accumulated amortization on the leased property at March 31, 2020 and December 31, 2019 was approximately $5.3 million and $5.2 million, respectively.

The Company also rents office space under operating leases which expire at various dates through May 31, 2024.

The following table summarizes the Company's leases for the periods presented (in thousands, except lease term and discount rate):


  
Three Months Ended
 
  
March 31,
 
  
2020
  
2019
 
Finance lease cost - interest expense
 
$
269
  
$
272
 
Finance lease cost - amortization of right-of-use asset
  
67
   
66
 
Operating lease cost
  
75
   
181
 
Sublease income
  
(46
)
  
(122
)
Total lease cost
 
$
365
  
$
397
 
         
Other information:
        
Cash paid for amounts included in the measurement of lease liabilities
        
Operating cash flows from finance lease
 
$
-
  
$
-
 
Operating cash flows from operating leases
  
65
   
213
 
Financing cash flows from finance lease
  
51
   
42
 
Total cash paid for amounts included in the measurement of lease liabilities
 
$
116
  
$
255
 
Right-of-use assets obtained in exchange for new operating lease liabilities
  
-
   
-
 
Weighted average remaining lease term—finance lease (years)
  
8.8
   
9.8
 
Weighted average remaining lease term—operating leases (years)
  
2.6
   
3.1
 
Weighted average discount rate—finance lease
  
19.1
%
  
19.1
%
Weighted average discount rate—operating leases
  
5.0
%
  
5.0
%

The finance lease right-of-use asset, net of amortization, at March 31, 2020 and December 31, 2019 was $1.8 million and $1.9 million, respectively, and the operating right-of-use assets, net of amortization, were $0.7 million and $0.8, respectively, and these right-of-use assets were included within other assets in the Condensed Consolidated Statements of Financial Condition.

The following table summarizes the maturities of lease liabilities at March 31, 2020 (in thousands):

Year ending December 31,
 
Finance Leases
  
Operating Leases
  
Total Leases
 
2020 (excluding the three months ended March 31, 2020)
 
$
957
  
$
332
  
$
1,289
 
2021
  
1,080
   
231
   
1,311
 
2022
  
1,080
   
164
   
1,244
 
2023
  
1,080
   
155
   
1,235
 
2024
  
1,080
   
61
   
1,141
 
Thereafter
  
4,320
   
-
   
4,320
 
Total lease payments
 
$
9,597
  
$
943
  
$
10,540
 
Less imputed interest
  
(5,035
)
  
(80
)
  
(5,115
)
Total lease liabilities
 
$
4,562
  
$
863
  
$
5,425
 

The finance lease contains an escalation clause tied to the change in the New York Metropolitan Area Consumer Price Index which may cause the future minimum payments to exceed the amounts shown above.  Future minimum lease payments have not been reduced by related minimum future sublease rentals of approximately $0.8 million due over the next four years, which are due from affiliated entities.  Future minimum lease payments have also not been reduced by future sublease payments of approximately $15 thousand per month from Associated Capital Group, Inc. (“AC”) pursuant to AC’s lease agreement that expired on March 31, 2019, which was extended on the same terms and conditions on a month-to-month basis commencing on April 1, 2019.