Short-Term Borrowings and Other Debt

As of December 31, 2011 and 2010, short term borrowings and other debt of the Company were as follows:



	As of December 31,
	2011		2010
	(in thousands)
Line of credit	$	—	$	24,000
Notes payable	370		1,396
Capital lease obligations	5,280		6,337
	$	5,650	$	31,733

On June 3, 2009, the Company entered into a collateralized revolving credit agreement with HVB AG, as lender, administrative agent and issuing bank, providing for a revolving credit facility with a $50.0 million aggregate loan commitment amount available. The first borrowing under this line occurred on June 30, 2009. As of December 31, 2011 and December 31, 2010, the Company had borrowings of nil and $24 million, respectively. At the Company's election and discretion, borrowings under the 2009 collateralized revolving credit agreement bore interest per annum (based on a 360 day year) equal to either: (1) the lender's prime rate plus 1.5% or (2) the 1, 2 or 3 month LIBOR rate plus 3.5%. Due to the variable interest rate on these borrowings, their carrying values approximate fair value. The Company was required to pay a quarterly commitment fee on the undrawn portion of the revolving credit facility equal to 1.0% per annum of the undrawn amount. The 2009 collateralized revolving credit agreement was to mature on September 29, 2011. However, during 2011, the Company agreed to repay in full its obligations pursuant to the credit agreement and HVB AG agreed to terminate the credit agreement. On June 27, 2011, the Company fully repaid the then borrowing amount outstanding of $23 million and the credit agreement was terminated as of that date. The 2009 collateralized revolving credit agreement contained financial and other restrictive covenants that limited the Company's ability to incur additional debt and engage in other activities. During the period from June 3, 2009 through June 27, 2011 the Company was in compliance with these covenants. The Company's investment in Enterprise Master through the Enterprise Fund had been pledged as collateral under the line of credit. Upon termination of the credit agreement on June 27, 2011, the Company's collateral pledge to HVB AG was released and the Company is no longer subject to the restrictive covenants contained in the credit agreement.

The Company had replaced the HVB AG letter of credit with a new letter of credit by another financial institution which expired December 12, 2011.

On January 4, 2010, in accordance with the terms of the collateralized revolving credit agreement, the Company remitted $25 million to HVB AG, reducing its revolving line of credit balance.

Interest incurred on the Company's lines of credit (in combination with all previous lines of credit) for the years ended December 31, 2011, 2010 and 2009 was $0.4 million, $1 million and $1.5 million, respectively.

In November 2010, the Company borrowed $0.6 million and $1.5 million to fund insurance premium payments. As of December 31, 2011, these notes payable were paid in full. The interest rate on these notes were 5.05% and 4.95%, respectively. Interest expense for the year ended December 31, 2011 and 2010 was not significant. In addition, during the fourth quarter of 2010, the Company incurred $4.1 million of financing costs relating to short‑term borrowings from affiliated funds to finance the acquisition of one of the Luxembourg reinsurance captives.

The Company entered into several capital leases for computer equipment during the fourth quarter of 2010. These leases amount to $6.3 million and are recorded in fixed assets and as capital lease obligations, which is included in short-term borrowings and other debt in the accompanying consolidated statements of financial condition, and have lease terms that range from 48 to 60 months and interest rates that range from 0.60% to 6.14%. As of December 31, 2011, the remaining balance on these capital leases was $5.3 million. Interest expense for the year ended December 31, 2011 was $0.2 million and for the year ended December 31, 2010, no payments had been made on these leases.

As of December 31, 2011, the Company has six irrevocable letters of credit, for which there is cash or bond collateral pledged, including (i) $50,000, which expires on July 12, 2012, supporting workers' compensation insurance with Safety National Casualty Corporation, (ii) $57,000, which expires on May 12, 2012, supporting Cowen Healthcare Royalty Management, LLC's Stamford office lease, (iii) $82,000, which expires on May 12, 2012, supporting the Company's San Francisco office, (iv) $1.2 million which expires on August 31, 2012, supporting the Company's lease of additional office space in New York, (v) $6.7 million, which expires December 12, 2012, supporting the lease of office space in New York which the Company pays a fee on the stated amount of the letter of credit at a rate equal to 0.5% and (vi) $0.9 million which expires May 25, 2017, supporting the lease of additional office space in New York.

To the extent any letter of credit is drawn upon, interest will be assessed at the prime commercial lending rate. As of December 31, 2011 and 2010, there were no amounts due related to these letters of credit.

Annual scheduled maturities of debt and minimum lease payments for capital lease obligation and short term borrowings and other debt outstanding as of December 31, 2011, are as follows:



	Capital Lease Obligation			Short Term Borrowings
	(in thousands)
2012	$	1,541		$	171
2013	1,541			164
2014	1,402			42
2015	1,051			—
2016	194			—
Thereafter	—			—
Subtotal	5,729			377
Less: Amount representing interest(a)	(449		)	(7		)
Total	$	5,280		$	370


(a)	Amount necessary to reduce net minimum lease payments to present value calculated at the Company's implicit rate at lease inception.