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Commitments and Contingencies
 12 Months Ended
Dec. 28, 2012
Commitments and Contingencies Disclosure [Abstract]  
Commitments and Contingencies Disclosure [Text Block]

Note 14 — Commitments and Contingencies

 

Lease Obligations

 

The Company leases certain property, plant and equipment under capital and operating lease agreements. These leases vary in duration and many contain renewal options and/or escalation clauses.  Current and long-term obligations under capital leases are included in total current liabilities and total long-term liabilities in the Company’s Consolidated Balance Sheets.

 

Estimated future minimum lease payments under leases having initial or remaining non-cancelable lease terms in excess of one year as of December 28, 2012 were approximately as follows (in thousands):

 

 

Fiscal Year

   Operating
Leases		     Capital
Leases		  
2013   $ 2,408     $ 916  
2014     2,064       318  
2015     1,544       152  
2016     1,497       8  
2017     247       —  
Thereafter     685       —  
Total minimum lease payments   $ 8,445     $ 1,394  
Less amounts representing interest     —       77  
    $ 8,445     $ 1,317  

 

 

Rent expense was approximately $1.9 million, $1.8 million, and $1.8 million, for the years ended December 28, 2012, December 30, 2011, and December 31, 2010, respectively (adjusted for Domilens).

 

The Company had the following assets under capital lease at December 28, 2012 and December 30, 2011 (in thousands):

  

    2012     2011  
Machinery and equipment   $ 3,923     $ 3,414  
Furniture and fixtures     946       1,255  
Leasehold improvements     155       133  
      5,024       4,802  
Less accumulated depreciation     3,576       3,388  
    $ 1,448     $ 1,414  

 

Depreciation expense for assets under capital lease for each of the years ended December 28, 2012, December 30, 2011, and December 31, 2010, was approximately $718,000, $615,000, and $713,000, respectively.

 

Indemnification Agreements

 

The Company has entered into indemnification agreements with its directors and officers that may require the Company: (a) to indemnify them against liabilities that may arise by reason of their status or service as directors or officers, except as prohibited by applicable law; (b) to advance their expenses incurred as a result of any proceeding against them as to which they could be indemnified; and (c) to make a good faith determination whether or not it is practicable for the Company to obtain directors’ and officers’ insurance. The Company currently has directors’ and officers’ liability insurance through a third party carrier.

 

Tax Filings

 

The Company’s tax filings are subject to audit by taxing authorities in jurisdictions where it conducts business. These audits may result in assessments of additional taxes that are subsequently resolved with the authorities or potentially through the courts. Management believes the Company has adequately provided for any ultimate amounts that are likely to result from these audits; however, final assessments, if any, could be significantly different than the amounts recorded in the consolidated financial statements.

 

Employment Agreements

 

The Company’s Chief Executive Officer and certain other officers have as provisions of their employment agreements certain rights, including continuance of cash compensation and benefits, upon a “change in control,” which may include an acquisition of substantially all of its assets, or termination “without cause or for good reason” as defined in the employment agreements.

 

Litigation and Claims

 

From time to time the Company is subject to various claims and legal proceedings arising out of the normal course of our business. These claims and legal proceedings may relate to contractual rights and obligations, employment matters, and claims of product liability. STAAR maintains insurance coverage for product liability claims but may not be insured against other potentially material claims. Reserves are recorded for losses management determines are probable and reasonably estimable. While the Company is not aware of any claims likely to have a material adverse effect on its financial condition or results of operations, new claims or unexpected results of existing claims could lead to significant financial harm.