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COMMITMENTS AND CONTINGENCIES
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Dec. 31, 2014
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| Commitments and Contingencies Disclosure [Abstract] | |||||||||||||||||||||||||||||||||||||||||
| COMMITMENTS AND CONTINGENCIES |
14. COMMITMENTS
AND CONTINGENCIES
Litigation — Newcastle is, from time to time, a defendant in legal actions from transactions conducted in the ordinary course of business including governmental and administrative proceedings concerning employment, labor, environmental and other claims. Management, after consultation with legal counsel, believes the ultimate liability arising from such actions, individually and in the aggregate, which existed at December 31, 2014, if any, will not materially affect Newcastle’s consolidated results of operations, financial position or cash flow.
Environmental Costs — As a commercial real estate owner, Newcastle is subject to potential environmental costs. At December 31, 2014, management of Newcastle is not aware of any environmental concerns that would have a material adverse effect on Newcastle’s consolidated financial position or results of operations.
Debt Covenants — Newcastle’s debt obligations contain various customary loan covenants. See Note 11.
Subprime Securitizations — Newcastle has no obligation to repurchase any loans from either of its subprime securitizations. Therefore, it is expected that Newcastle’s exposure to loss is limited to the carrying amount of its retained interests in the securitization entities (Note 6). A subsidiary of Newcastle gave limited representations and warranties with respect to the second securitization; however, it has no assets and does not have recourse to the general credit of Newcastle.
Operating
lease obligations – The Golf business leases many of its golf courses and related facilities under
long-term operating leases, including triple net leases. In addition to minimum payments, certain leases require the payment
of the excess of various percentages of gross revenue or net operating income over the minimum rental payments. The triple
net leases require the payment of taxes assessed against the leased property and the cost of insurance and maintenance. The
majority of the lease terms range from 10 to 20 years and, typically, the leases contain renewal options. Certain
leases include minimum scheduled increases in rental payments at various times during the term of the lease. These scheduled
rent increases are recognized on a straight-line basis over the term of the lease, resulting in an accrual, which is included
in other long-term liabilities, for the amount by which the cumulative straight-line rent exceeds the contractual cash
rent.
The Golf business is required to maintain bonds under certain third-party agreements, as requested by certain utility providers, and under the rules and regulations of licensing authorities and other governmental agencies. Golf had bonds outstanding of approximately $0.9 million as of December 31, 2014.
The future minimum rental commitments under non-cancellable leases, net of subleases, as of December 31, 2014 were as follows:
Membership Deposit Liability – In the Golf business, members are required to pay an initiation deposit upon their acceptance as a member to a private club. In most cases, membership deposits are fully refundable after a fixed number of years, typically 30 years. As of December 31, 2014, the total face amount of membership deposits was approximately $238.1 million.
Restricted Cash – Restricted cash at December 31, 2014, in the amount of $3.0 million is used as credit enhancement for Golf’s obligations related to the performance of lease agreements and certain insurance claims.
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