10. Shareholders’ equity and employee benefits

The following table sets forth our condensed consolidated statement of shareholders’ equity (amounts in thousands, except shares):

	Common Stock					Treasury Stock						Accumulated Other Comprehensive Loss
	Shares		Amount			Shares			Amount			Unrealized ( Loss ) Gain			Cumulative Translation Adjustment			Accumulated Deficit			Total Shareholders’ Equity
Balance, January 30, 2016		41,424,377	$	503,809			(4,675,749	)	$	(88,336	)	$	(208	)	$	(1,667	)	$	(260,793	)	$	152,805
Unrealized gain on marketable securities		-		-			-			-			52			-			-			52
Currency translation adjustments		-		-			-			-			-			215			-			215
Stock-based compensation expense		-		3,643			-			-			-			-			-			3,643
Tax effect related to share awards		-		(375	)		-			-			-			-			-			(375	)
Net proceeds from common stock issued under share plans		634,736		1,515			-			-			-			-			-			1,515
Net loss		-		-			-			-			-			-			(9,820	)		(9,820	)
Balance, July 30, 2016		42,059,113	$	508,592			(4,675,749	)	$	(88,336	)	$	(156	)	$	(1,452	)	$	(270,613	)	$	148,035

401(k) tax deferred savings plan

We maintain a 401(k) tax deferred savings plan for the benefit of qualified employees who are based in the United States. Under the 401(k) tax deferred savings plan, U.S. based employees may elect to reduce their current annual taxable compensation up to the statutorily prescribed limit, which is $18,000 in calendar year 2016. Employees age 50 or over may elect to contribute an additional $6,000. We made matching contributions to the 401(k) tax deferred savings plan during the three and six months ended July 30, 2016 of $0.1 million and $0.3 million, respectively, and made no matching contributions during the three and six months ended August 1, 2015.

Endowment insurance pension plan

Related to our acquisition of our DTV business in May 2012, we added operations in Shanghai, China. It is required by the “Procedures of Shanghai Municipality on Endowment Insurance for Town Employees” to provide pension insurance for Shanghai employees. The mandatory plan is managed by the local authority. Under the current plan, an employee will contribute 8.0% of the annual base to the plan and the employer will match 20% of the annual base. From April 2016 to March 2017, the annual base is capped at RMB 17,817 per employee. For the three and six months ended July 30, 2016, we made matching contributions of $0.6 million and $1.2 million, respectively, and $0.6 million and $1.1 million for the three and six months ended August 1, 2015, respectively.

Retirement pension plans

We maintain retirement pension plans for the benefit of qualified employees in Denmark, Taiwan, the Netherlands, and Germany. We made matching contributions under these plans of $0.2 million for each of the three months ended July 30, 2016 and August 1, 2015; and $0.4 million and $0.3 million for the six months ended July 30, 2016 and August 1, 2015, respectively.

Severance plan

We maintain a severance plan for several Israeli employees pursuant to Israel's Severance Pay Law based on the most recent salary of the employees multiplied by the number of years of employment. Upon termination of employment, employees are entitled to one month salary for each year of employment or a portion thereof. As of July 30, 2016, we have an accrued severance liability of $0.8 million partially offset by $0.7 million of severance employee funds. We made contributions of less than $0.1 million for each of the three and six months ended July 30, 2016 and August 1, 2015

Employee s

tock

urchase

lan

During the first quarter of fiscal 2016, we discovered that we inadvertently sold shares of our common stock to our employees during fiscal 2015 in excess of the shares of common stock authorized to be issued under our 2010 Purchase Plan. As a result, we may have failed to comply with the registration or qualification requirements of the federal securities law. Certain purchasers of the shares that were issued in excess of the shares authorized under our 2010 ESPP may have the right to rescind their purchases from us for an amount equal to the purchase price paid for shares, plus interest from the date of purchase. These shares were treated as issued and outstanding for financial reporting purposes as of the original date of issuance. We intend to make a registered rescission offer in fiscal 2017 to eligible participants who purchased shares during the impacted offering periods in fiscal 2015.

As of August 31, 2016, there were approximately 54,955 shares issued to participants in the 2010 ESPP during the impacted offering periods that continued to be held by the original purchasers of such shares which may be subject to the rescission rights referenced above. All of these shares were originally purchased for $3.89 per share. If holders of all these shares seek to rescind their purchases, we could be required to make aggregate payments of up to approximately $0.4 million based on initial estimates, which does not include statutory interest. However, the actual impact to our cash position may be lower depending on the number of holders who accept the rescission offer and tender their shares. Pursuant to the authoritative accounting guidance, the shares are considered mandatorily redeemable as the redemption may be outside of our control. We reclassified the aforementioned amount out of additional-paid-in-capital into accrued compensation and related benefits during fiscal 2015. We continue to carry the resulting liability on the accompanying condensed consolidated balance sheets as of July 30, 2016 and January 30, 2016 and will continue to do so until such rescission rights have expired subsequent to the aforementioned offering during fiscal 2017. We have not classified the shares themselves outside of permanent equity as these shares are legally outstanding with all rights and privileges therein. We also may be subject to civil and other penalties by regulatory authorities as a result of the failure to register these shares with the Securities and Exchange Commission. We do not believe that the failure to register the shares or the planned rescission offer will have a material impact on our condensed consolidated financial statements.

On August 22, 2016, we reached a closing agreement with the Internal Revenue Service. We are also in the process of settling the potential tax consequences on behalf of our employees for issuing shares in excess of the number of shares reserved under our 2010 ESPP with relevant state tax authorities. We continue to carry the remaining liability of $0.3 million on the accompanying condensed consolidated balance sheets as of July 30, 2016 and will continue to do so until such settlement has been reached with the aforementioned authorities

. We believe the remaining liability recorded in accrued compensation and related benefits is sufficient to cover all the expenses.