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Commitments and Contingencies
9 Months Ended
Sep. 26, 2020
Commitments and Contingencies
K. Commitments and Contingencies
Contract Obligations
As of September 26, 2020, projected cash outflows under
non-cancelable
contractual obligations are as f
o
llows:
 
    
Commitments
 
     (in thousands)  
Ingredients
   $ 130,933  
Equipment and machinery
     73,774  
Brand support
     62,496  
Other
     12,378  
  
 
 
 
Total contractual obligations
   $ 279,581  
  
 
 
 
The majority of these contract obligations are for the 2020 and 2021 fiscal years with the remainder extending no later than the 2026 fiscal year.
Currently, the Company brews and packages approximately
65
% of its volume at Company-owned breweries. In the normal course of its business, the Company has historically entered into various production arrangements with other brewing companies.
 
Pursuant to these arrangements, the Company
generally
supplies raw materials
and
packaging
 
to those brewing companies, and incurs conversion fees for labor at the time the liquid is produced and packaged. 
The Company has made
payments for capital improvements at
these
third-party brewing facilities
that it expenses over the period of the contracts.
As of September 26, 2020, the Company had prepaid brewing service fees of $9.0 million in prepaid expenses and other current assets and $30.2 million in other assets, long-term. The Company plans to expense the total amount of $39.2 million over 
contract periods ending December 31, 2024. The Company is also obligated to meet annual minimum volume commitments in conjunction with certain of its production arrangements and is subject to contractual shortfall fees if these annual minimum volume commitments are not met. At September 26, 2020, if volume for the remaining term of the production arrangements were zero, the contractual shortfall fees would total $60.9 million through December 31, 2024. Based on current production volume projections, the Company believes that it will meet all annual volume commitments under these production arrangements and will not incur any shortfall fees. If future volume projections are reduced below the minimum annual volume commitments and the Company estimates that shortfall fees will be incurred, the Company will expense the estimated shortfall fees in the period when incurring the shortfall fees becomes probable.
Subsequent to September 26, 2020, the Company entered into a production arrangement with a third-party brewing company which includes
up-front
payments for capital improvements of $9.6 million and annual minimum volume commitments subject to contractual shortfall fees. The Company plans to expense the capital improvements amount of $9.6 million over the contract period ending December 31, 2026. At October 19, 2020, if volume for the remaining term of the production arrangement was zero, the contractual shortfall fees would total $10.3 million through December 31, 2026. As with its prior commitments noted above, based on current production volume projections, the Company believes that it will meet all annual volume commitments under these production arrangements and will not incur any shortfall fees.
The Company is in the process of assessing the impact the
COVID-19
pandemic will have on its future commitments and contingencies but does not believe that the future commitments will be materially impacted.
Litigation
The
Company
is not a party to any pending or threatened
litigation
, the outcome of which would be expected to have a material adverse effect upon its financial condition or the results of its operations. In general, while the Company believes it conducts its business appropriately in accordance with laws, regulations and industry guidelines, claims, whether or not meritorious, could be asserted against the Company that might adversely impact the Company’s
results
.