Annual report pursuant to Section 13 and 15(d)

Note 11 - Commitments and Contingencies

v3.7.0.1
Note 11 - Commitments and Contingencies
12 Months Ended
Jan. 01, 2017
Notes to Financial Statements  
Commitments and Contingencies Disclosure [Text Block]
11.
Commitments and contingencies
 
Operating leases
 
 
The Company leases office equipment, software and office space under various non-cancellable operating leases. Minimum future payments under non-cancellable operating lease agreements are as follows:
 
2017
  $
2,188
 
2018
   
1,749
 
2019
   
997
 
2020
   
989
 
2021 and thereafter
   
789
 
Total
  $
6,712
 
 
        In
November
2016,
the Company entered into a lease agreement for a new head office location in Markham Ontario Canada. This lease has a
five
year term with an option to terminate after
three
years and will commence on
May
1,
2017.
The annual lease expense is
$125,
which is included in the commitment schedule above.
 
 
The General Corporation Law of the State of Delaware allows a corporation to eliminate the personal liability of directors to the corporation or to any of its stockholders for monetary damages for a breach of his fiduciary duty as a director, except in the case where the director breached his duty of loyalty, failed to act in good faith, engaged in intentional misconduct or knowingly violated a law, authorized the payment of a dividend or approved a stock repurchase in violation of Delaware corporate law or obtained an improper personal benefit. The Company has entered into indemnification agreements with each director, which provide that the Company shall, subject to certain exceptions, indemnify and pay, advance or reimburse the costs of defense of such person who is made party to a proceeding by reason of their indemnified capacities. Each indemnified party agrees to repay any payment, advance or reimbursement of expenses made by the Company to such person if it is determined, following the final disposition of the claim, that the person is not entitled to indemnification by the Company with respect to a claim for which indemnification was obtained.
 
The nature of the indemnification prevents the Company from making a reasonable estimate of the maximum potential amount it could be required to pay to counterparties. The Company has purchased directors’ and officers’ liability insurance.
No
amount has been accrued in the consolidated balance sheet as at
January
1,
2017
with respect to this indemnity.
 
Operating lease expense for the periods ended
January
1,
2017,
January
3,
2016
and
December
28,
2014
was
$2,296,
$2,358
and
$2,175,
respectively.
 
Certain of the Company’s facility leases include renewal options and normal escalation clauses. Renewal options are included in the lease term if reasonably assured. Escalation clauses are accounted for on a straight-line basis over the lease term.
 
Purchase Obligations
 
Purchase obligations not recorded on the balance sheet as at
January
1,
2017
consist of insurance installments of
$187
to be paid during
2017.
Purchase obligations not recorded on the balance sheet as at
January
3,
2016
consisted of insurance installments of
$218
paid during
2016.
As at
December
28,
2014,
purchase obligations not recorded on the balance sheet consisted of insurance installments of
$231
that were paid during
2015.
 
Purchase obligations not recorded on the balance sheet as at
January
1,
2017
consist of open non-cancellable purchase orders for raw materials for
$13,602
to be paid during calendar year
2017.
Purchase obligations not recorded on the balance sheet as at
January
3,
2016
consisted of open purchase orders for raw materials for
$13,215
paid during calendar year
2016.
Purchase obligations not recorded on the balance sheet as at
December
28,
2014
consisted of open purchase orders for raw materials for
$12,043
paid during calendar year
2015.
 
Contingencies
 
In the normal course of business, the Company
may
be subject to litigation and claims from customers, suppliers and former employees. Management believes that adequate provisions have been recorded in the accounts, where required. Although it is not possible to estimate the extent of potential costs, if any, management believes that the ultimate resolution of such contingencies would not have a material adverse effect on the financial position, results of operations and cash flows of the Company.