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Note 7 - Closures and Impairments Expense, Including Trademark Impairments
12 Months Ended
May 31, 2016
Notes to Financial Statements  
Asset Impairment Charges [Text Block]
7
.
Closures and Impairments Expense, Including
Trade
mark
Impairments
 
Closures and impairment
s, net include the following (in thousands):
 
   
20
16
   
201
5
   
201
4
 
Closures and impairments from continuing operations:
                       
Property impairments
 
$
58,153
    $ 9,822     $ 24,335  
Closed restaurant lease reserves
 
 
4,090
      1,461       7,302  
Other closing expense
 
 
1,260
      966       2,181  
Gain on sale of surplus properties
 
 
(822
)
    (1,707
)
    (987 )
Closures and impairments, net
 
$
62,681
    $ 10,542     $ 32,831  
                         
Closures and impairments from discontinued operations
                  $ (468 )
 
As discussed further in Note
16 to the Consolidated Financial Statements, during the fourth quarter of fiscal year 2016, the Company’s management began to formulate a plan in response to a comprehensive review of our property portfolio through the planned closure of restaurants with perceived limited upside due to market concentration, challenged trade areas, or other factors. Given the status of management’s proposed plan as of May 31, 2016, the Company determined that there was an impairment trigger as certain restaurants would be disposed of significantly before the end of their previously estimated useful lives. Accordingly, we recorded impairment charges of $39.2 million during the fourth quarter of fiscal year 2016 related to these restaurants. On August 11, 2016, we announced a plan to close approximately 95 Company-owned restaurants by September 2016. Also included within Closures and impairments, net for fiscal year 2016 are impairments of $14.7 million related to open Ruby Tuesday concept restaurants with deteriorating operational performance during the first three quarters of fiscal year 2016 or not included within management’s developing closure plan during the fourth fiscal quarter and $0.8 million related to surplus properties.
 
As previously discussed in Note
3 to the Consolidated Financial Statements, during fiscal year 2016, we entered into an agreement to sell eight Company-owned Lime Fresh restaurants in Florida for $6.0 million and closed the remaining 11 Company-owned Lime Fresh restaurants. Included within closures and impairments, net for the fiscal year ended May 31, 2016 are $6.4 million of impairments, lease reserves, and other charges relating to the closed Lime Fresh restaurants. Further information regarding closures and impairments expense for the Lime Fresh concept for all periods presented is contained in Note 11 to the Consolidated Financial Statements.
 
Included
within Closures and impairments, net for fiscal year 2015 are impairments of $7.7 million related to restaurants with deteriorating operational performance, $1.8 million related to surplus properties, and $0.3 million associated with lease expirations and restaurant closures.
 
During fiscal year 2014, we closed 33 Ruby Tuesday concept restaurants in connection with a plan approved by the Board of Directors of Ruby Tuesday, Inc. Of these closures, 11 of the restaurants closed upon expiration of their lease.
Included within Closures and impairments, net for fiscal year 2014 are impairment charges of $4.8 million in connection with early restaurant closures.
 
In addition to impairment charges recorded in connection with the
closed Lime Fresh restaurants as discussed above, during the second quarter of fiscal year 2016, we recorded a $2.0 million trademark impairment charge representing a partial impairment of the Lime Fresh trademark. The Lime Fresh trademark had been partially impaired by $0.9 million in fiscal year 2014. As previously discussed in Note 3 to the Consolidated Financial Statements, we sold the Lime Fresh brand's intellectual property, including the Lime Fresh trademark, during the fourth quarter of fiscal year 2016.  
 
A
rollforward of our future lease obligations associated with closed restaurants is as follows (in thousands):
 
   
Reserve for
Lease Obligations
 
Balance at June 3, 2014
  $ 10,873  
Closing expense including rent and other lease charges
    1,461  
Payments
    (4,807
)
Other adjustments
    (476
)
Balance at June 2, 2015
    7,051  
Closing expense including rent and other lease charges
    4,090  
Payments
    (5,737
)
Other adjustments
    866  
Balance at
May 31, 2016
  $ 6,270  
 
As discussed in Note 5 to the Consolidated Financial Statements,
we currently sublease three restaurant properties to a domestic franchisee for which we are the primary lessee. During fiscal year 2016, this franchisee defaulted on certain payments related to each of the leases. Accordingly, included in the above balance of future lease obligations as of May 31, 2016 was a liability of $0.9 million, which represented our obligation for future rent and other lease-related charges through the end of these leases. As discussed in Note 16 to the Consolidated Financial Statements, this franchisee closed all ten of its locations on July 26, 2016 and ceased operations.
 
The amounts comprising future lease obligations in the table above
are estimated using certain assumptions, including the period of time it will take to settle the lease with the landlord or find a suitable sublease tenant, and the amount of actual future cash payments could differ from our recorded lease obligations. Of the total future lease obligations included in the table above, $6.2 million and $7.0 million are included within the Accrued liabilities – Rent and other caption in our Consolidated Balance Sheets as of May 31, 2016 and June 2, 2015, respectively. For fiscal year 2017 and beyond, our focus will be on obtaining settlements, or subleases as necessary, on as many of these leases as possible and these settlements could be higher or lower than the amounts recorded. The actual amount of any cash payments made by the Company for lease contract termination costs will be dependent upon ongoing negotiations with the landlords of the leased restaurant properties.