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Derivatives and Hedging Activities
12 Months Ended
Dec. 31, 2013
Derivative Instruments and Hedging Activities Disclosure [Abstract]  
Derivatives and Hedging Activities

Note 15 — Derivatives and Hedging Activities

Risk Management Objective of Using Derivatives

The Company may use derivative financial instruments, including interest rate swaps, caps, options, floors and other interest rate derivative contracts, to hedge all or a portion of the interest rate risk associated with its borrowings. The principal objective of such arrangements is to minimize the risks and/or costs associated with the Company’s operating and financial structure as well as to hedge specific anticipated transactions. The Company does not intend to utilize derivatives for speculative or other purposes other than interest rate risk management. The use of derivative financial instruments carries certain risks, including the risk that the counterparties to these contractual arrangements are not able to perform under the agreements. To mitigate this risk, the Company only enters into derivative financial instruments with counterparties with high credit ratings and with major financial institutions with which the Company and its affiliates may also have other financial relationships. The Company does not anticipate that any of the counterparties will fail to meet their obligations.

 

Cash Flow Hedges of Interest Rate Risk

The Company’s objectives in using interest rate derivatives are to add stability to interest expense and to manage its exposure to interest rate movements. To accomplish this objective, the Company primarily uses interest rate swaps and collars as part of its interest rate risk management strategy. Interest rate swaps designated as cash flow hedges involve the receipt of variable-rate amounts from a counterparty in exchange for the Company making fixed-rate payments over the life of the agreements without exchange of the underlying notional amount. Interest rate collars designated as cash flow hedges involve the receipt of variable-rate amounts if interest rates rise above the cap strike rate on the contract and payments of variable-rate amounts if interest rates fall below the floor strike rate on the contract.

The effective portion of changes in the fair value of derivatives designated and that qualify as cash flow hedges is recorded in accumulated other comprehensive income and is subsequently reclassified into earnings in the period that the hedged forecasted transaction affects earnings. During 2013, such derivatives were used to hedge the variable cash flows associated with variable-rate debt. The ineffective portion of the change in fair value of the derivatives is recognized directly in earnings.

Amounts reported in accumulated other comprehensive income related to derivatives that will be reclassified to interest expense as interest payments are made on the Company’s variable-rate debt. During the next 12 months, the Company estimates that an additional $5.8 million will be reclassified from other comprehensive income as an increase to interest expense. During the year ended December 31, 2013, the Company accelerated the reclassification of amounts in other comprehensive income to earnings as a result of the hedged forecasted transactions becoming probable not to occur. The accelerated amounts were a loss of less than $27,000.

As of December 31, 2013, the Company had the following outstanding interest rate derivatives that were designated as cash flow hedges of interest rate risk (dollar amounts in thousands):

 

Interest Rate Derivative

   Number of
Instruments
     Notional Amount  

Interest rate swaps

     16       $ 700,390   

The table below presents the fair value of the company’s derivative financial instruments as well as their classification on the consolidated balance sheets as of the years ended December 31, 2013 and 2012 (dollar amounts in thousands):

 

          Year Ended December 31,  

Derivatives Designated as Hedging Instruments

  

Balance Sheet Location

   2013      2012  

Interest rate products

   Derivative assets, at fair value    $ 9,189       $ —     

Interest rate products

   Derivative liabilities, at fair value        $ (1,719    $ (3,830

The table below details the location in the financial statements of the gain or loss recognized on interest rate derivatives designated as cash flow hedges for the years ended December 31, 2013 and 2012, respectively (amounts in thousands):

 

     Year Ended December 31,  

Derivatives in Cash Flow Hedging Relationships

   2013      2012  

Amount of gain (loss) recognized in accumulated other comprehensive income on interest rate derivatives (effective portion)

   $ 6,946       $ (4,684
  

 

 

    

 

 

 

Amount of loss reclassified from accumulated other comprehensive income into income as interest expense (effective portion)

$ (4,535 $ (941
  

 

 

    

 

 

 

Amount of loss recognized in income on derivative (ineffective portion, reclassifications of missed forecasted transactions and amounts excluded from effectiveness testing)

$ (79 $ (1
  

 

 

    

 

 

 

 

Derivatives Not Designated as Hedging Instruments

Derivatives not designated as hedges are not speculative and are used to manage the Company’s exposure to interest rate movements and other identified risks but do not meet the strict hedge accounting requirements to be classified as hedging instruments. Changes in the fair value of derivatives not designated in hedging relationships are recorded directly in earnings and were approximately $19,000 for the year ended December 31, 2013. The company did not have any derivatives that were not designated as of December 31, 2012.

As of December 31, 2013, the Company had the following outstanding interest rate derivatives that were not designated as hedges of in qualifying hedging relationships (dollar amounts in thousands):

 

Interest Rate Derivative

   Number of Instruments      Notional Amount  

Interest Rate Cap

     1       $ 500,000   

The table below presents the fair value of the Company’s derivate financial instruments not designated as hedges as well as their classification as liabilities on the consolidated balance sheets as of December 31, 2013 and 2012. There were no derivatives classified as not hedging instruments as assets as of December 31, 2013 and 2012 (amounts in thousands):

 

          Year Ended December 31,  

Derivatives Not Designated as Hedging Instruments

  

Balance Sheet Location

   2013      2012  

Series D Preferred Stock embedded derivative

   Derivative liabilities, at fair value        $ (16,736    $ —     

Refer to Note 17 — Preferred and Common Stock (As Restated) for additional information for the Series D Preferred Stock embedded derivative.

Tabular Disclosure Offsetting Derivatives

The table below presents a gross presentation, the effects of offsetting, and a net presentation of the Company’s derivatives as of December 31, 2013 and 2012. The net amounts of derivative assets or liabilities can be reconciled to the tabular disclosure of fair value. The tabular disclosure of fair value provides the location that derivative assets and liabilities are presented on the consolidated balance sheets (amounts in thousands).

 

Offsetting of Derivative Assets and Liabilities

 
     Gross
Amounts of
Recognized
Assets
     Gross
Amounts of
Recognized
Liabilities
    Gross
Amounts
Offset in the
Consolidated
Balance Sheets
     Net Amounts
of Assets
Presented in
the
Consolidated
Balance
Sheets
     Net Amounts
of Liabilities
Presented in
the
Consolidated
Balance Sheets
    Financial
Instruments
     Cash
Collateral
Received
     Net
Amount
 

December 31, 2013

   $ 9,189       $ (18,455   $ —         $ 9,189       $ (18,455   $ —         $ —         $ (9,266

December 31, 2012

   $ —         $ (3,830   $ —         $ —         $ (3,830   $ —         $ —         $ (3,830

Credit-risk-related Contingent Features

The Company has agreements with each of its derivative counterparties that contain a provision where if the Company either defaults or is capable of being declared in default on any of its indebtedness, then the Company could also be declared in default on its derivative obligations.

As of December 31, 2013, the fair value of the interest rate derivatives in a net liability position, including accrued interest but excluding any adjustment for nonperformance risk related to these agreements, was $1.7 million. As of December 31, 2013, the Company has not posted any collateral related to these agreements and was not in breach of any agreement provisions. If the Company had breached any of these provisions, it could have been required to settle its obligations under the agreements at their aggregate termination value of $1.7 million at December 31, 2013.