Commitments and Contingencies |
Note9. Commitments and Contingencies
Lease Commitments
Homer City had operating leases in place relating mainly to tractors and trucks. Homer City also has a lease financing with respect to its facilities, which is described in more detail below. At December31, 2009, the future minimum payments over the next five years were as follows:
Years Ending December31, (in millions) Operating Leases Lease Financing
2010 $ 1 $ 155
2011 160
2012 160
2013 149
2014 138
Thereafter 1,367
Total future commitments $ 1 $ 2,129
Amount representing interest 980
Net commitments $ 1,149
Operating lease expense amounted to $1million, $2million and $2million in 2009, 2008 and 2007, respectively.
Facilities Sale-Leaseback
On December7, 2001, Homer City completed the sale-leaseback of its Homer City facilities to third-party lessors for an aggregate purchase price of $1.591billion, comprised of $782million in cash and assumption of debt (the fair value of which was $809million). The leases Homer City entered into as part of this transaction are referred to as facility leases. The transaction has been accounted for as a lease financing for accounting purposes, which means that Homer City reflects the Homer City facilities as an asset on its balance sheet, although Homer City has no legal ownership, and records the net present value of the future minimum lease payments as lease debt. Under the terms of the 33.67year leases, Homer City is obligated to make semi-annual lease payments on each April1 and October1. The gain on the sale of the Homer City facilities has been deferred and is being amortized over the term of the lease.
Under the participation agreements entered into as part of the sale-leaseback transaction, Homer City's ability to enter into specified transactions and to engage in specified business activities, including financing and investment activities, is subject to significant restrictions. These restrictions could affect, and in some cases significantly limit or prohibit, its ability to, among other things, merge, consolidate or sell its assets, create liens on its properties or assets, enter into non-permitted trading activities, enter into transactions with its affiliates, incur indebtedness, create, incur, assume or suffer to exist guarantees or contingent obligations, make restricted payments to its partners, make capital expenditures, own subsidiaries, liquidate or dissolve, engage in non-permitted business activities, sublease its leasehold interests in the facilities or make improvements to the facilities. Accordingly, Homer City's liquidity is substantially based on its ability to generate cash flow from operations. If Homer City is unable to generate cash flow from operations necessary to meet its obligations, Homer City will have limited ability to obtain additional capital unless its partners provide additional funding, which they are under no legal obligation to do.
The rent payments that Homer City owes under the sale-leaseback transaction are comprised of two component |