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Commitments and Contingencies
6 Months Ended
Feb. 28, 2014
Commitments and Contingencies  
Commitments and Contingencies

6. Commitments and Contingencies

 

Operating Lease Agreements—The Company has several operating leases with unrelated parties, primarily for land, plant and office spaces in Taiwan, which expire at various dates between January 2015 and December 2020. Lease expense related to these operating leases was $299 thousand and $582 thousand for the three and six months ended February 28, 2014, respectively, and $202 thousand and $404 thousand for the three and six months ended February 28, 2013, respectively. Lease expense is recognized on a straight-line basis over the term of the lease.

 

In January 2014, the Company announced the relocation and consolidation of its manufacturing operations at Sinwu, Taiwan (the “Sinwu Facility”), to other of its existing facilities. The lease term for Sinwu Facility is 10 years, expiring on November 30, 2016. In accordance with the lease agreement, the Company provided a six-month written notice to terminate the lease on July 15, 2014.

 

The aggregate future noncancellable minimum rental payments for the Company’s operating leases as of February 28, 2014 consisted of the following (in thousands):

 

Years Ending August 31,

 

Operating
Leases

 

Remainder of 2014

 

$

540

 

2015

 

513

 

2016

 

433

 

2017

 

436

 

2018

 

269

 

Thereafter

 

216

 

Total

 

$

2,407

 

 

Purchase Obligations—The Company had purchase commitments for property, plant and equipment in the amount of $2.6 million and $3.2 million as of February 28, 2014 and August 31, 2013, respectively.

 

Litigation—The Company is directly or indirectly involved from time to time in various claims or legal proceedings arising in the ordinary course of business. On July 10, 2013, a putative class action lawsuit was filed in the United States District Court for the Southern District of New York against the Company and certain of its current and former officers and directors, styled as Huard v. SemiLEDs Corporation, et al., alleging violations of the U.S. federal securities laws. On July 31, 2013, a second investor filed a complaint, styled as Mohammad v. SemiLEDs Corporation, et al. On September 30, 2013, the Court appointed Mohammad Yasir as lead plaintiff and Pomerantz Grossman Hufford Dahlstrom & Gross LLP as lead counsel. On November 15, 2013, the lead plaintiff filed its Amended Complaint, styled as In re SemiLEDs Corporation Litigation, Civil Action No. 1:13-cv-04776-DLC (S.D.N.Y.). The Amended Complaint alleged one count of violation of Section 10(b) of the Exchange Act and one count of violation of Section 20(a) of the Exchange Act, both arising out of alleged misstatements made by the Company and certain of its current and former officers and directors in connection with the Company’s initial public offering and the Company’s results in the first, second, and third quarter of 2011. On February 20, 2014, the plaintiffs filed a notice of voluntary dismissal of the action. On February 21, 2014, the Court signed the notice of dismissal and the case was closed. There were no material pending legal proceedings and claims as of February 28, 2014.