Commitments and Contingencies

9 Months Ended

Sep. 30, 2021

Commitments and Contingencies [Abstract]

10. Commitments and Contingencies

From time to time, the Company may be named in legal actions and proceedings in the normal course of business. 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. Liabilities for loss contingencies arising from claims, assessments, litigation, fines and penalties, and other sources are recorded when it is probable that a liability has been incurred and the amount can be reasonably estimated. There are currently no such matters pending that the Company believes could have a material adverse effect on its consolidated financial condition, operations, or cash flows at September 30, 2021.

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 September 30, 2021 and December 31, 2020 was approximately $5.6 million and $5.5 million, respectively.

The Company also rents office space under operating leases, which expire at various dates through December 31, 2030.

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

	Three Months Ended						Nine Months Ended
	September 30,						September 30,
	2021			2020			2021			2020
Finance lease cost - interest expense	$	257		$	264		$	780		$	800
Finance lease cost - amortization of right-of-use asset		66			66			200			200
Operating lease cost		143			104			489			284
Sublease income		(26	)		(46	)		(118	)		(138	)
Total lease cost	$	440		$	388		$	1,351		$	1,146

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		174			87			392			240
Financing cash flows from finance lease		67			56			192			160
Total cash paid for amounts included in the measurement of lease liabilities	$	241		$	143		$	584		$	400
Right-of-use assets obtained in exchange for new operating lease liabilities	$	-		$	-		$	2,143		$	324
Weighted average remaining lease term—finance lease (years)		7.3			8.3			7.3			8.3
Weighted average remaining lease term—operating leases (years)		2.7			2.2			2.7			2.2
Weighted average discount rate—finance lease		19.1	%		19.1	%		19.1	%		19.1	%
Weighted average discount rate—operating leases		5.0	%		5.0	%		5.0	%		5.0	%

The finance lease right-of-use asset, net of amortization, at September 30, 2021 and December 31, 2020 was $1.5 million and $1.7 million, respectively, and the operating right-of-use assets, net of amortization, were $2.5 million and $0.8 million, 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 September 30, 2021 (in thousands):

Year ending December 31,	Finance Leases			Operating Leases			Total Leases
2021 (excluding the nine months ended September 30, 2021)	$	323		$	213		$	536
2022		1,080			659			1,739
2023		1,080			507			1,587
2024		1,080			384			1,464
2025		1,080			323			1,403
Thereafter		3,240			1,615			4,855
Total lease payments	$	7,883		$	3,701		$	11,584
Less imputed interest		(3,681	)		(1,042	)		(4,723	)
Total lease liabilities	$	4,202		$	2,659		$	6,861

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 $1.1 million due over the next eight years, which are due from affiliated entities.