Commitments and Contingencies | 5. Commitments and Contingencies Lease Commitments On December 28, 2018, the first day of our fiscal year 2019, we adopted ASU No. 2016-02, "Leases (Topic 842)", which requires that lessees recognize lease assets and lease liabilities for all leases on the balance sheet with an option to exclude short-term leases (leases with terms of 12 months or less). We adopted ASU No. 2016-02 using the modified retrospective approach and elected the package of practical expedients to use in transition, which permitted us not to reassess, under the new standard, our prior conclusions about lease identification and lease classification. The cumulative effect adjustment upon adoption of ASU No. 2016-02 resulted in an immaterial adjustment to retained earnings. The adoption also resulted in the addition of $621 million right of use assets and corresponding $701 million lease liabilities to our balance sheet, while eliminating deferred rent and tenant improvement allowances. Additionally, we do not separate lease and nonlease components of contracts. The majority of our long-term operating lease agreements through F&D are for our corporate office, retail locations, and distribution centers, which expire in various years through 2038. All of our building leases have 10-15 year lease terms, except one lease which has a 20-year term. The majority of our building leases also include options to extend, which are factored into the recognition of their respective assets and liabilities when appropriate. Additionally, one building lease contains variable lease payments, which are determined based on a percentage of retail sales over a contractual level, and we sublease real estate within one store and one distribution center to third parties. Certain lease agreements include escalating rents over the lease terms which, under the new accounting standard, results in rent being expensed on a straight‑line basis over the life of the lease that commences on the date we have the right to control the property. Our lease agreements do not contain any residual value guarantees or restrictive covenants that would reasonably be expected to have a material impact on our business. As most of our leases do not provide a readily determinable implicit rate, we use a third party to determine our incremental borrowing rate, specifically the Bloomberg yield curve for US consumers with a BB- credit rating. The rate is adjusted for collateralization as well as inflation. Lease Position The table below presents supplemental balance sheet information related to operating leases. As of (in thousands, except lease term and discount rate) Balance Sheet Classification March 28, 2019 Assets Building Right of use assets $ 647,667 Equipment Right of use assets 6,263 Land Right of use assets 245 Software Right of use assets 4,940 Total operating lease assets $ 659,115 Liabilities Current Building Current portion of lease liabilities $ 68,927 Equipment Current portion of lease liabilities 2,784 Land Current portion of lease liabilities 93 Software Current portion of lease liabilities 1,811 Total current operating lease liabilities $ 73,615 Noncurrent Building Lease liabilities $ 675,769 Equipment Lease liabilities 4,663 Land Lease liabilities 158 Software Lease liabilities 3,082 Total noncurrent operating lease liabilities $ 683,672 Total operating lease liabilities $ 757,287 Weighted-average remaining lease term 9 years Weighted-average discount rate Lease Costs The table below presents components of lease expense for operating leases. Thirteen Weeks Ended (in thousands) Classification March 28, 2019 Operating lease cost (1) Selling and store operating $ 26,015 Sublease income Selling and store operating (623) Total lease cost $ 25,392 (1) Includes variable lease costs, which are immaterial. Undiscounted Cash Flows Future minimum lease payments under non‑cancelable operating leases (with initial or remaining lease terms in excess of one year) as of March 28, 2019, were: (in thousands) Amount Thirty-nine weeks ended December 26, 2019 $ 82,939 2020 112,086 2021 105,317 2022 98,163 2023 93,513 Thereafter 503,402 Total minimum lease payments (2) $ 995,420 Less: amount of lease payments representing interest 238,133 Present value of future minimum lease payments 757,287 Less: current obligations under leases 73,615 Long-term lease obligations $ 683,672 (2) Future lease payments exclude $311 million of legally binding minimum lease payments for operating leases signed but not yet commenced. For the thirteen weeks ended March 28, 2019, cash paid for operating leases was $24.6 million. Litigation We are subject to other various legal actions, claims and proceedings arising in the ordinary course of business, which may include claims related to general liability, workers’ compensation, product liability, intellectual property and employment-related matters resulting from our business activities. We establish reserves for specific legal proceedings when we determine that the likelihood of an unfavorable outcome is probable and the amount of loss can be reasonably estimated. These proceedings are not expected to have a material impact on our consolidated financial position, cash flows or results of operations. |