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Derivative Financial Instruments
3 Months Ended
Jan. 01, 2012
Derivative Financial Instruments [Abstract]  
Derivative Financial Instruments

(4) Derivative Financial Instruments

Consumer Products and Other

The fair value of outstanding derivative contracts recorded in the “Consumer Products and Other” sections of the accompanying Condensed Consolidated Balance Sheets were as follows:

 

                     

Asset Derivatives

 

Classification

  January 1, 2012     September 30, 2011  

Derivatives designated as hedging instruments:

                   

Commodity contracts

 

Receivables

  $ 9     $ 274  

Foreign exchange contracts

 

Receivables

    5,231       3,189  

Foreign exchange contracts

 

Deferred charges and other assets

    205       —    
       

 

 

   

 

 

 

Total asset derivatives designated
as hedging instruments

        5,445       3,463  

Derivatives not designated as hedging instruments:

                   

Foreign exchange contracts

 

Receivables

    174       —    
       

 

 

   

 

 

 

Total asset derivatives

      $ 5,619     $ 3,463  
       

 

 

   

 

 

 
       

Liability Derivatives

 

Classification

  January 1, 2012     September 30, 2011  

Derivatives designated as hedging instruments:

                   

Interest rate contracts

 

Accounts payable

  $ 331     $ 1,246  

Interest rate contracts

 

Accrued and other current liabilities

    662       708  

Commodity contracts

 

Accounts payable

    1,353       1,228  

Commodity contracts

 

Other liabilities

    13       4  

Foreign exchange contracts

 

Accounts payable

    2,389       2,698  
       

 

 

   

 

 

 

Total liability derivatives designated as hedging instruments

        4,748       5,884  

Derivatives not designated as hedging instruments:

                   

Foreign exchange contracts

 

Accounts payable

    5,416       10,945  

Foreign exchange contracts

 

Other liabilities

    6,950       12,036  

Equity conversion feature of preferred stock

 

Equity conversion feature of preferred stock

    47,430       75,350  
       

 

 

   

 

 

 

Total liability derivatives

      $ 64,544     $ 104,215  
       

 

 

   

 

 

 

Changes in AOCI from Derivative Instruments

For derivative instruments that are designated and qualify as cash flow hedges, the effective portion of the gain or loss on the derivative is reported as a component of AOCI and reclassified into earnings in the same period or periods during which the hedged transaction affects earnings. Gains and losses on the derivative, representing either hedge ineffectiveness or hedge components excluded from the assessment of effectiveness, are recognized in current earnings.

The following table summarizes the pretax impact of derivative instruments designated as cash flow hedges on the accompanying Condensed Consolidated Statements of Operations, and within AOCI, for the three month periods ended January 1, 2012 and January 2, 2011:

 

                                                     

Derivatives in Cash Flow
Hedging Relationships

  Amount of Gain (Loss) Recognized
in AOCI on Derivatives  (Effective

Portion)
    Amount of Gain (Loss)
Reclassified from AOCI into
Income  (Effective Portion)
    Amount of Gain (Loss) Recognized in
Income on Derivatives  (Ineffective
Portion and Amount Excluded from
Effectiveness Testing)
   

Location of Gain (Loss)
Recognized in Income on

Derivatives

    2012     2011     2012     2011     2012     2011      

Commodity contracts

  $ (745   $ 2,023     $ (366   $ 550     $ (19   $ 1    

Cost of goods sold

Interest rate contracts

    (21     7       (659     (849     —         (101  

Interest expense

Foreign exchange contracts

    (129     (389     (122     (119     —         —      

Net sales

Foreign exchange contracts

    1,308       1,942       (1,255     (2,125     —         —      

Cost of goods sold

   

 

 

   

 

 

   

 

 

   

 

 

   

 

 

   

 

 

     

Total

  $ 413     $ 3,583     $ (2,402   $ (2,543   $ (19   $ (100    
   

 

 

   

 

 

   

 

 

   

 

 

   

 

 

   

 

 

     

Fair Value Contracts and Other

For derivative instruments that are used to economically hedge the fair value of Spectrum Brands’ third party and intercompany foreign currency payments, commodity purchases and interest rate payments, and the equity conversion feature of the Company’s Preferred Stock, the gain (loss) associated with the derivative contract is recognized in earnings in the period of change. During the three month periods ended January 1, 2012 and January 2, 2011 the Company recognized the following gains (losses) on those derivatives:

 

                     

Derivatives Not Designated as Hedging Instruments

  Amount of Gain (Loss)
Recognized in Income  on
Derivatives
   

Location of Gain ( Loss)
Recognized in Income on

Derivatives

    2012     2011      

Foreign exchange contracts

  $ 7,245     $ 9,058    

Other income (expense), net

Equity conversion feature of preferred stock

    27,920       —      

Other income (expense), net

   

 

 

   

 

 

     

Total

  $ 35,165     $ 9,058      
   

 

 

   

 

 

     

Additional Disclosures

Cash Flow Hedges

Spectrum Brands uses interest rate swaps to manage its interest rate risk. The swaps are designated as cash flow hedges with the changes in fair value recorded in AOCI and as a derivative hedge asset or liability, as applicable. The swaps settle periodically in arrears with the related amounts for the current settlement period payable to, or receivable from, the counter-parties included in accrued liabilities or receivables, respectively, and recognized in earnings as an adjustment to interest expense from the underlying debt to which the swap is designated. At both January 1, 2012 and September 30, 2011, Spectrum Brands had a portfolio of U.S. dollar denominated interest rate swaps outstanding, which effectively fix the interest on floating rate debt (exclusive of lender spreads), as follows: 2.25% for a notional principal amount of $200,000 to January 9, 2012 and 2.29% for a notional principal amount of $300,000 to February 9, 2012. The derivative net loss on these contracts recorded in AOCI at January 1, 2012 was $(80), net of tax benefit of $92 and noncontrolling interest of $69. The derivative net loss on these contracts recorded in AOCI at September 30, 2011 was $(289), net of tax benefit of $334 and noncontrolling interest of $256. At January 1, 2012, the portion of derivative net losses estimated to be reclassified from AOCI into earnings over the next twelve months is $(80), net of tax and noncontrolling interest.

Spectrum Brands periodically enters into forward foreign exchange contracts to hedge the risk from forecasted foreign denominated third party and intercompany sales or payments. These obligations generally require Spectrum Brands to exchange foreign currencies for U.S. Dollars, Euros, Pounds Sterling, Australian Dollars, Brazilian Reals, Canadian Dollars or Japanese Yen. These foreign exchange contracts are cash flow hedges of fluctuating foreign exchange related to sales of product or raw material purchases. Until the sale or purchase is recognized, the fair value of the related hedge is recorded in AOCI and as a derivative hedge asset or liability, as applicable. At the time the sale or purchase is recognized, the fair value of the related hedge is reclassified as an adjustment to “Net sales” or purchase price variance in “Cost of goods sold”. At January 1, 2012, Spectrum Brands had a series of foreign exchange derivative contracts outstanding through March 2013 with a contract value of $191,266. At September 30, 2011, Spectrum Brands had a series of foreign exchange derivative contracts outstanding through September 2012 with a contract value of $223,417. The derivative net gain on these contracts recorded in AOCI at January 1, 2012 was $1,207, net of tax benefit of $800 and noncontrolling interest of $1,040. The derivative net gain on these contracts recorded in AOCI at September 30, 2011 was $182, net of tax expense of $148 and noncontrolling interest of $161. At January 1, 2012, the portion of derivative net losses estimated to be reclassified from AOCI into earnings over the next twelve months is $1,127 net of tax and noncontrolling interest.

Spectrum Brands is exposed to risk from fluctuating prices for raw materials, specifically zinc used in its manufacturing processes. Spectrum Brands hedges a portion of the risk associated with these materials through the use of commodity swaps. The hedge contracts are designated as cash flow hedges with the fair value changes recorded in AOCI and as a hedge asset or liability, as applicable. The unrecognized changes in fair value of the hedge contracts are reclassified from AOCI into earnings when the hedged purchase of raw materials also affects earnings. The swaps effectively fix the floating price on a specified quantity of raw materials through a specified date. At January 1, 2012, Spectrum Brands had a series of such swap contracts outstanding through March 2013 for 7 tons of raw materials with a contract value of $14,761. At September 30, 2011, Spectrum Brands had a series of such swap contracts outstanding through December 2012 for 9 tons of raw materials with a contract value of $18,858. The derivative net loss on these contracts recorded in AOCI at January 1, 2012 was $(455), net of tax benefit of $442 and noncontrolling interest of $393. The derivative net loss on these contracts recorded in AOCI at September 30, 2011 was $(318), net of tax benefit of $312 and noncontrolling interest of $281. At January 1, 2012, the portion of derivative net losses estimated to be reclassified from AOCI into earnings over the next twelve months is $(455), net of tax and noncontrolling interest.

 

Fair Value Contracts

Spectrum Brands periodically enters into forward and swap foreign exchange contracts to economically hedge the risk from third party and intercompany payments resulting from existing obligations. These obligations generally require Spectrum Brands to exchange foreign currencies for US Dollars, Euros or Australian Dollars. These foreign exchange contracts are economic fair value hedges of a related liability or asset recorded in the accompanying Condensed Consolidated Balance Sheets. The gain or loss on the derivative hedge contracts is recorded in earnings as an offset to the change in value of the related liability or asset at each period end. At January 1, 2012 and September 30, 2011, Spectrum Brands had $179,324 and $265,974, respectively, of notional value for such foreign exchange derivative contracts outstanding.

Credit Risk

Spectrum Brands is exposed to the risk of default by the counterparties with which Spectrum Brands transacts and generally does not require collateral or other security to support financial instruments subject to credit risk. Spectrum Brands monitors counterparty credit risk on an individual basis by periodically assessing each such counterparty’s credit rating exposure. The maximum loss due to credit risk equals the fair value of the gross asset derivatives that are primarily concentrated with a foreign financial institution counterparty. Spectrum Brands considers these exposures when measuring its credit reserve on its derivative assets, which were $95 and $18 at January 1, 2012 and September 30, 2011, respectively.

Spectrum Brands’ standard contracts do not contain credit risk related contingent features whereby Spectrum Brands would be required to post additional cash collateral as a result of a credit event. However, Spectrum Brands is typically required to post collateral in the normal course of business to offset its liability positions. At January 1, 2012 and September 30, 2011, Spectrum Brands had posted cash collateral of $1,692 and $418, respectively, related to such liability positions. In addition, at both January 1, 2012 and September 30, 2011, Spectrum Brands had posted standby letters of credit of $2,000 related to such liability positions. The cash collateral is included in “Receivables, net” within the accompanying Condensed Consolidated Balance Sheets.

FGL

FGL recognizes all derivative instruments as assets or liabilities in the Condensed Consolidated Balance Sheet at fair value and any changes in the fair value of the derivatives are recognized immediately in the Condensed Consolidated Statements of Operations. The fair value of derivative instruments, including derivative instruments embedded in Fixed Index Annuity (“FIA”) contracts, is as follows:

 

                 
    January 1, 2012     September 30, 2011  

Assets:

               

Derivative investments:

               

Call options

  $ 82,932     $ 52,335  
   

 

 

   

 

 

 
     

Liabilities:

               

Contractholder funds:

               

FIA embedded derivative

  $ 1,455,073     $ 1,396,340  

Other liabilities:

               

Future contracts

    736       3,828  

Available-for-sale embedded derivative

    388       400  
   

 

 

   

 

 

 
    $ 1,456,197     $ 1,400,568  
   

 

 

   

 

 

 

 

The change in fair value of derivative instruments included in the Condensed Consolidated Statements of Operations is as follows:

 

         
    Three Months Ended
January 1, 2012
 

Revenues:

       

Net investment gains:

       

Call options

  $ 19,941  

Future contracts

    14,896  
   

 

 

 
      34,837  
   

Net investment income:

       

Available-for-sale embedded derivatives

    12  
   

 

 

 
    $ 34,849  
   

 

 

 
   

Benefits and other changes in policy reserves:

       

FIA embedded derivatives

  $ 58,733  
   

 

 

 

Additional Disclosures

FIA Contracts

FGL has FIA contracts that permit the holder to elect an interest rate return or an equity index linked component, where interest credited to the contracts is linked to the performance of various equity indices, primarily the S&P 500 Index. This feature represents an embedded derivative under US GAAP. The FIA embedded derivative is valued at fair value and included in the liability for contractholder funds in the accompanying Condensed Consolidated Balance Sheets with changes in fair value included as a component of benefits and other changes in policy reserves in the Condensed Consolidated Statements of Operations.

FGL purchases derivatives consisting of a combination of call options and futures contracts on the applicable market indices to fund the index credits due to FIA contractholders. The call options are one, two and three year options purchased to match the funding requirements of the underlying policies. On the respective anniversary dates of the index policies, the index used to compute the interest credit is reset and FGL purchases new one, two or three year call options to fund the next index credit. FGL manages the cost of these purchases through the terms of its FIA contracts, which permit FGL to change caps or participation rates, subject to guaranteed minimums on each contract’s anniversary date. The change in the fair value of the call options and futures contracts is generally designed to offset the portion of the change in the fair value of the FIA embedded derivative related to index performance. The call options and futures contracts are marked to fair value with the change in fair value included as a component of “Net investment gains”. The change in fair value of the call options and futures contracts includes the gains and losses recognized at the expiration of the instrument term or upon early termination and the changes in fair value of open positions.

Other market exposures are hedged periodically depending on market conditions and FGL’s risk tolerance. FGL’s FIA hedging strategy economically hedges the equity returns and exposes FGL to the risk that unhedged market exposures result in divergence between changes in the fair value of the liabilities and the hedging assets. FGL uses a variety of techniques including direct estimation of market sensitivities and value-at-risk to monitor this risk daily. FGL intends to continue to adjust the hedging strategy as market conditions and FGL’s risk tolerance change.

Credit Risk

FGL is exposed to credit loss in the event of nonperformance by its counterparties on the call options and reflects assumptions regarding this nonperformance risk in the fair value of the call options. The nonperformance risk is the net counterparty exposure based on the fair value of the open contracts less collateral held. FGL maintains a policy of requiring all derivative contracts to be governed by an International Swaps and Derivatives Association (“ISDA”) Master Agreement.

 

Information regarding FGL’s exposure to credit loss on the call options it holds is presented in the following table:

 

                                     
        January 1, 2012     September 30, 2011  

Counterparty

  Credit Rating
(Moody’s/S&P)
  Notional
Amount
    Fair Value     Notional
Amount
    Fair Value  

Barclay’s Bank

  Aa3/A+   $ 284,019     $ 1,960     $ 385,189     $ 4,105  

Credit Suisse

  Aa2/A     286,740       2,717       327,095       2,785  

Bank of America

  Baa1/A     1,863,102       26,358       1,692,142       14,637  

Deutsche Bank

  Aa3/A+     1,382,529       19,101       1,463,596       11,402  

Morgan Stanley

  A2/A     1,537,491       22,066       1,629,247       15,373  

Nomura

  Baa2/BBB+     107,000       6,220       107,000       4,033  

Royal Bank of Scotland

  A3/A-     120,475       4,510       —         —    
       

 

 

   

 

 

   

 

 

   

 

 

 
        $ 5,581,356     $ 82,932     $ 5,604,269     $ 52,335  
       

 

 

   

 

 

   

 

 

   

 

 

 

Collateral Agreements

FGL is required to maintain minimum ratings as a matter of routine practice in its ISDA agreements. Under some ISDA agreements, FGL has agreed to maintain certain financial strength ratings. A downgrade below these levels could result in termination of the open derivative contracts between the parties, at which time any amounts payable by FGL or the counterparty would be dependent on the market value of the underlying derivative contracts. FGL’s current rating allows multiple counterparties the right to terminate ISDA agreements. No ISDA agreements have been terminated, although the counterparties have reserved the right to terminate the ISDA agreements at any time. In certain transactions, FGL and the counterparty have entered into a collateral support agreement requiring either party to post collateral when the net exposures exceed pre-determined thresholds. These thresholds vary by counterparty and credit rating. As of January 1, 2012 and September 30, 2011, no collateral was posted by FGL’s counterparties as they did not meet the net exposure thresholds. Accordingly, the maximum amount of loss due to credit risk that FGL would incur if parties to the call options failed completely to perform according to the terms of the contracts was $82,932 and $52,335 at January 1, 2012 and September 30, 2011, respectively.

FGL held 3,000 and 2,458 futures contracts at January 1, 2012 and September 30, 2011, respectively. The fair value of futures contracts represents the cumulative unsettled variation margin (open trade equity net of cash settlements). FGL provides cash collateral to the counterparties for the initial and variation margin on the futures contracts which is included in “Cash and cash equivalents” in the “Insurance” sections of the Condensed Consolidated Balance Sheets. The amount of collateral held by the counterparties for such contracts was $11,892 and $9,820 at January 1, 2012 and September 30, 2011, respectively.