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Note 13 - Commitments, Contingencies and Guarantees
12 Months Ended
Jan. 31, 2017
Notes to Financial Statements  
Commitments and Contingencies Disclosure [Text Block]
Note
13
- Commitments, Contingencies and Guarantees
 
Commitments
The following information is provided in respect of our operating and capital lease obligations:
 
Years Ended January 31,    
Operating Leases
     
Capital Leases
     
Total
 
2018    
4,880
     
144
     
5,024
 
2019    
3,597
     
53
     
3,650
 
2020    
2,099
     
47
     
2,146
 
2021    
1,026
     
2
     
1,028
 
2022    
481
     
-
     
481
 
2023    
320
     
-
     
320
 
2024    
157
     
-
     
157
 
2025    
145
     
-
     
145
 
2026    
144
     
-
     
144
 
     
12,849
     
246
     
13,095
 
 
Lease Obligations
We are committed under non-cancelable operating leases for business premises, computer equipment and vehicles with terms expiring at various dates through
2026.
We are also committed under non-cancelable capital leases for computer equipment expiring at various dates through
2021.
The future minimum amounts payable under these lease agreements are outlined in the chart above. The
$0.2
million balance of the capital lease obligation outstanding at
January
31,
2017
is included in accrued liabilities in the consolidated balance sheet. Rental expense from operating leases was
$4.9
million,
$4.4
million and
$5.2
million for the years ended
January
31,
2017,
January
31,
2016
and
January
31,
2015,
respectively.
 
Other Obligations
As described in Note
2
to these consolidated financial statements, we maintain deferred share unit (“DSU”) and cash-settled restricted share unit (“CRSU”) plans for our non-employee directors and employees. Any payments made pursuant to these plans are settled in cash. For DSUs and CRSUs, the units vest over time and the liability recognized at any given consolidated balance sheet date reflects only those units vested at that date that have not yet been settled in cash. As such, we had an unrecognized aggregate liability for the unvested CRSUs and DSUs of
$0.9
million and
nil
, respectively, for which no liability was recorded on our consolidated balance sheet at
January
31,
2017,
in accordance with ASC Topic
718,
“Compensation – Stock Compensation”. The ultimate liability for any payment of DSUs and CRSUs is dependent on the trading price of our common shares. To partially offset our exposure to fluctuations in our stock price, we have entered into equity derivative contracts, including floating-rate equity forwards.
 
Contingencies
We are subject to a variety of other claims and suits that arise from time to time in the ordinary course of our business. The consequences of these matters are not presently determinable but, in the opinion of management after consulting with legal counsel, the ultimate aggregate potential liability is not currently expected to have a material effect on our results of operations or financial position.
 
Product Warranties
In the normal course of operations, we provide our customers with product warranties relating to the performance of our hardware, software and network services. To date, we have not encountered material costs as a result of such obligations and have not accrued any liabilities related to such obligations in our consolidated financial statements.
 
Business combination agreements
In respect of our acquisition of Appterra in the
third
quarter of fiscal
2017,
up to
$1.6
million in cash
may
become payable if certain revenue performance targets are met by Appterra in the
two
years following the acquisition. A balance of
$0.7
million is accrued related to this contingent consideration as at
January
31,
2017.
 
Guarantees
In the normal course of business we enter into a variety of agreements that
may
contain features that meet the definition of a guarantee under ASC Topic
460,
“Guarantees”. The following lists our significant guarantees:
 
Intellectual property indemnification obligations
We provide indemnifications of varying scope to our customers against claims of intellectual property infringement made by
third
parties arising from the use of our products. In the event of such a claim, we are generally obligated to defend our customers against the claim and we are liable to pay damages and costs assessed against our customers that are payable as part of a final judgment or settlement. These intellectual property infringement indemnification clauses are not generally subject to any dollar limits and remain in force for the term of our license agreement with our customer, which license terms are typically perpetual. Historically, we have not encountered material costs as a result of such indemnifications.
 
Other indemnification agreements
In the normal course of operations, we enter into various agreements that provide general indemnities. These indemnities typically arise in connection with purchases and sales of assets, securities offerings or buy-backs, service contracts, administration of employee benefit plans, retention of officers and directors, membership agreements, customer financing transactions, and leasing transactions. In addition, our corporate by-laws provide for the indemnification of our directors and officers. Each of these indemnities requires us, in certain circumstances, to compensate the counterparties for various costs resulting from breaches of representations or obligations under such arrangements, or as a result of
third
party claims that
may
be suffered by the counterparty as a consequence of the transaction. We believe that the likelihood that we could incur significant liability under these obligations is remote. Historically, we have not made any significant payments under such indemnities.
 
In evaluating estimated losses for the guarantees or indemnities described above, we consider such factors as the degree of probability of an unfavorable outcome and the ability to make a reasonable estimate of the amount of loss. We are unable to make a reasonable estimate of the maximum potential amount payable under such guarantees or indemnities as many of these arrangements do not specify a maximum potential dollar exposure or time limitation. The amount also depends on the outcome of future events and conditions, which cannot be predicted. Given the foregoing, to date, we have not accrued any liability in our financial statements for the guarantees or indemnities described above.