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COMMITMENTS AND CONTINGENCIES
12 Months Ended
Dec. 31, 2012
COMMITMENTS AND CONTINGENCIES.  
COMMITMENTS AND CONTINGENCIES

19 - COMMITMENTS AND CONTINGENCIES

 

In September 2005, the Company entered into a 15-year lease for office space in New York, New York for which there was a free rental period from September 1, 2005 to July 31, 2006.  On January 6, 2012, the Company ceased the use of this space and as such has recorded, during the year ended December 31, 2012, net rent expense of $1,264 representing the present value of the Company’s estimated remaining rent expense for the duration of the lease after taking into account estimated future sublease income and deferred rent on the facility.  The current and long-term lease obligations related to this lease agreement of $682 and $672, respectively, are recorded in the consolidated balance sheet at December 31, 2012 in Current portion of lease obligations and Long-term lease obligations, respectively.  Rent expense under this lease agreement for the years ended December 31, 2011 and 2010 was $467 during both periods, and the deferred rent credit for this lease at December 31, 2011 was $606 and was recorded in Long-term lease obligations.

 

Future minimum rental payments on the above lease for the next five years and thereafter are as follows: $518 annually for 2013 through 2015, $529 for 2016, $550 for 2017 and a total of $1,972 for the remaining term of the lease.

 

Effective April 4, 2011, the Company entered into a seven-year sub-sublease agreement for additional office space in New York, New York.  The term of the sub-sublease commenced June 1, 2011, with a free base rental period until October 31, 2011.  Following the expiration of the free base rental period, the monthly base rental payments are $82 per month until May 31, 2015 and thereafter will be $90 per month until the end of the seven-year term.  Pursuant to the sub-sublease agreement, the sublessor was obligated to contribute $472 toward the cost of the Company’s alterations to the sub-subleased office space.  The Company has also entered into a direct lease with the over-landlord of such office space that commences immediately upon the expiration of such sub-sublease agreements, for a term covering the period from May 1, 2018 to September 30, 2025; the direct lease provides for a free base rental period from May 1, 2018 to September 30, 2018.  Following the expiration of the free base rental period, the monthly base rental payments will be $186 per month from October 1, 2018 to April 30, 2023 and $204 per month from May 1, 2023 to September 30, 2025.  For accounting purposes, the sub-sublease agreement and direct lease agreement with the landlord constitutes one lease agreement.  As a result of the straight-line rent calculation generated by the free rent period and the tenant work credit, the monthly straight-line rental expense for the term of the entire lease from June 1, 2011 to September 30, 2025 will be $130.  The Company had a long-term lease obligation at December 31, 2012 and 2011 of $1,793 and $1,217, respectively.  Rent expense pertaining to this lease for the years ended December 31, 2012 and 2011 was $1,558 and $909, respectively.

 

Future minimum rental payments on the above lease for the next five years and thereafter are as follows:  $982 annually for 2013 through 2014, $1,037 for 2015, $1,076 for 2016 and 2017 and a total of $16,506 for the remaining term of the lease.

 

During the beginning of 2009, the Genco Cavalier, a 2007-built Supramax vessel, was on charter to Samsun when Samsun filed for the equivalent of bankruptcy protection in South Korea, otherwise referred to as a rehabilitation application.  On February 5, 2010, the rehabilitation plan submitted by Samsun was approved by the South Korean courts.  As part of the rehabilitation process, the Company’s claim of $17,212 will be settled in the following manner; 34.0%, or $5,852, will be paid in cash in annual installments on December 30th of each year from 2010 through 2019 ranging from 8.0% to 17.0%; the remaining 66.0%, or $11,360, was converted to Samsun shares at a specified value per share.  On December 30, 2012 and 2011, a total payment was due from Samsun in the amount of $527 which represents 9.0% of the total $5,852 approved cash settlement.  On December 30, 2010, a total payment was due from Samsun in the amount of $585 which represents ten percent of the total $5,852 approved cash settlement.  During the year ended December 30, 2012, Samsun remitted only 50% of the payment due, or $263.  As such, during the years ended December 31, 2012, 2011 and 2010, $263, $527 and $585, respectively, have been recorded as other operating income.

 

During January 2011, the Genco Success, a 1997-built Handymax vessel, was on charter to Korea Line Corporation (“KLC”) when KLC filed for a rehabilitation application with South Korean courts.  On July 3, 2012, the rehabilitation plan submitted by KLC was approved by the South Korean courts.  As part of the rehabilitation process, the Company claim of $802 will be settled in the following manner; 37.0%, or $297, will be paid in cash in annual installments on December 30th of each year from 2012 through 2021 ranging from 0.5% to 43.0%; the remaining 63.0%, or $505, was converted to KLC shares at a specified value per share.  On December 30, 2012, a total payment was due from KLC in the amount of $2 which represents 0.5% of the total $297 approved cash settlement.  This amount has been recorded as other operating income during the year ended December 31, 2012.