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Derivative Financial Instruments
3 Months Ended
Mar. 31, 2013
Derivative Financial Instruments

Note 7 – Derivative Financial Instruments

We are exposed to market risk from changes in foreign currency exchange rates, short term interest rates and price fluctuations of certain material commodities such as copper. Foreign currency exchange risks are attributable to sales to foreign customers not denominated in the seller’s functional currency, foreign plant operations, intercompany indebtedness and purchases from foreign suppliers and include exposures to the European Euro, Canadian Dollar, Japanese Yen, Hungarian Forint, Korean Won and Mexican Peso. The Company regularly enters into derivative contracts with the objective of managing its financial and operational exposure arising from this risk by offsetting gains and losses on the underlying exposures with gains and losses on the financial instruments used to hedge them. We do not enter into derivative financial instruments for speculative or trading purposes. Our hedging relationships are formally documented at the inception of the hedge, and hedges must be highly effective in offsetting changes to future cash flows on hedged transactions both at the inception of a hedge and on an ongoing basis to be designated for hedge accounting treatment. We record the ineffective portion of hedging instruments, if any, to other income (expense) in the consolidated condensed statements of operations.

In March 2008, W.E.T. entered into a 10 year currency related interest rate swap (“CRS”) having a notional value of €10,000, or $12,816 as of March 31, 2013, in order to offset the interest rate risk associated with a debt financing which was repaid prior to our acquisition of W.E.T. Under this agreement W.E.T. receives interest equal to the then six month Euro Interbank Offered Rate (“EURIBOR”), 0.34% at March 31, 2013, plus 1.40% and pays interest equal to the six month EURIBOR when the exchange rate between the European Euro (“EUR”) and the Swiss Franc (“CHF”), which was 1.22 at March 31, 2013, equals or exceeds 1.46 EUR to the CHF or pays interest equal to the six month EURIBOR plus a premium when this exchange rate is less than 1.46. The premium is calculated as [(1.46 – current EUR/CHF rate)/current EUR/CHF rate] x 100. In 2012, W.E.T. entered into offsetting derivative contracts designed to cancel out the payment due under the CRS through the end of the CRS agreement, in 2018.

 

In September 2011, W.E.T. brought a lawsuit against UniCredit Bank AG (“UniCredit”), a past financial advisor, stemming from the recommendation to invest in the aforementioned CRS. On March 25, 2013, the Munich District Court in Munich, Germany ruled in favor of W.E.T., asserting that UniCredit violated its duty to properly advise W.E.T. with respect to the initial negative market value for the CRS and UniCredit’s inherent conflict of interest in recommending that W.E.T. invest in CRS. The Munich District Court ruled that UniCredit must (1) pay €144 to W.E.T. and (2) bear the costs of all future obligations under the CRS, which were €10,179, or $13,045 as of March 31, 2013, plus additional accrued liabilities for past due payments under the CRS of approximately €4,000, or $5,126 as of March 31, 2013. The Company expects that UniCredit will appeal the decision. If the decision is appealed, it may take up to several years until a final, non-appealable decision is rendered. As a result, the Company cannot be certain that any portion of the award by the Munich District Court will be realized by W.E.T. See the derivatives table below for information about our future obligations under the CRS as of March 31, 2013.

In July 2011, the Company entered into a series of interest rate swap contracts designated as cash flow hedges and an interest rate cap agreement in order to hedge the exposure to variable market interest rates on the Company’s senior debt. Gains and losses reported in accumulative other comprehensive income will be reclassified to earnings once the Company’s senior debt is repaid.

The Company uses a market approach to value derivative instruments, analyzing observable benchmark rates at commonly quoted intervals for the instrument’s full term. Information related to the recurring fair value measurement of derivative instruments in our consolidated balance sheet as of March 31, 2013 is as follows:

 

 

                   Asset Derivatives      Liability Derivatives     Net Asset/
(Liabilities)
 
     Hedge Designation      Fair Value
Hierarchy
     Balance Sheet
Location
     Fair
Value
     Balance Sheet
Location
   Fair
Value
       

CRS

     Not a hedge         Level 2             Current
liabilities
   $ (2,435  
               Non current
liabilities
     (10,610  
                 

 

 

   

 

 

 

Total CRS

                  $ (13,045   $ (13,045

Foreign currency derivatives

     Not a hedge         Level 2         Current assets       $ 2       Current
liabilities
   $ (453   $ (451

Foreign currency derivatives

    
Not a hedge
  
     Level 2         Current assets       $ 146            $ 146   
          
 
Non current
assets
  
  
     2,865            $ 2,865   
           

 

 

       

 

 

   

 

 

 

Total foreign currency derivatives

            $ 3,013          $ (453   $ 2,560   

Interest rate swap derivatives

     Cash flow hedge         Level 2             Current
liabilities
   $ (185   $ (185

Information relating to the effect of derivative instruments on our consolidated income statements is as follows:

 

    

Location

   Three
Months Ended
March 31,
2013
    Three
Months Ended
March 31,
2012
 

Foreign currency derivatives

   Revaluation of derivatives    $ (974   $ 1,087   
   Foreign currency gain (loss)      (291     897   
     

 

 

   

 

 

 

Total foreign currency derivatives

      $ (1,265   $ 1,984   

CRS

   Revaluation of derivatives    $ 1,320      $ 147   

Commodity derivatives

   Revaluation of derivatives    $     $ 126   

Interest Rate Swap

   Interest Expense    $ (1   $ (28
   Other Comprehensive Income    $ 39      $ (33

 

We did not incur any hedge ineffectiveness during the three months ended March 31, 2013 and 2012.