XML 31 R20.htm IDEA: XBRL DOCUMENT v3.19.1
COMMITMENTS AND CONTINGENCIES
3 Months Ended
Mar. 31, 2019
COMMITMENTS AND CONTINGENCIES  
COMMITMENTS AND CONTINGENCIES

12.         COMMITMENTS AND CONTINGENCIES

 

The Company had purchase commitments aggregating approximately $37.0 million at March 31, 2019, which represented commitments made by the Company and its subsidiaries to various suppliers of raw materials for the production of its products. These obligations vary in terms, but are generally satisfied within one year.

 

The Company had contractual obligations aggregating approximately $178.4 million at March 31, 2019, which related primarily to sponsorships and other marketing activities.

 

In February 2018, the working capital line limit for the Company's credit facility with HSBC Bank (China) Company Limited, Shanghai Branch was increased from $9.0 million to $15.0 million. At March 31, 2019, the interest rate on borrowings under the line of credit was 5.5%. As of March 31, 2019, the Company had $9.8 million outstanding on this line of credit, including interest, which is included in accounts payable in the condensed consolidated balance sheet.

 

Legal Proceedings

 

Litigation - The Company, certain affiliates of the Company and TCCC are parties to various agreements setting forth, among other things, provisions relating to TCCC's 18.8% equity holding in the Company and the terms on which the Company's energy drink products are distributed globally by members of TCCC's distribution network. Among other provisions, the agreements restrict TCCC from competing in the energy drink category, with certain exceptions including an exception relating to the Coca-Cola brand.

 

TCCC has developed three energy drink products that it believes it may market under the exception relating to the Coca-Cola brand. The Company believes that the exception does not apply. By mutual agreement, the issue was submitted to AAA arbitration on October 31, 2018 for a determination of whether TCCC is permitted to manufacture, market, sell or distribute these products. The matter has since proceeded to a hearing before the arbitrators. Due to the nature of the relief sought, no reasonably possible range of losses, if any, can be estimated.

 

The Company is currently a defendant in a number of personal injury lawsuits, claiming that the death or other serious injury of the plaintiffs was caused by consumption of Monster Energy® brand energy drinks. The plaintiffs in these lawsuits allege strict product liability, negligence, fraudulent concealment, breach of implied warranties and wrongful death. The Company believes that each complaint is without merit and plans a vigorous defense. The Company also believes that any damages, if awarded, would not have a material adverse effect on the Company’s financial position or results of operations.

 

Furthermore, from time to time in the normal course of business, the Company is named in other litigation, including consumer class actions, intellectual property litigation and claims from prior distributors. Although it is not possible to predict the ultimate outcome of such litigation, based on the facts known to the Company, management believes that such litigation in aggregate will likely not have a material adverse effect on the Company’s financial position or results of operations.

 

The Company evaluates, on a quarterly basis, developments in legal proceedings and other matters that could cause an increase or decrease in the amount of the liability that is accrued, if any, or in the amount of any related insurance reimbursements recorded. As of March 31, 2019, the Company’s condensed consolidated balance sheet includes accrued loss contingencies of approximately $0.02 million.