ELN » Topics » Operating Leases

This excerpt taken from the ELN 6-K filed Mar 30, 2009.
Operating Leases
 
We lease certain of our facilities under non-cancellable operating lease agreements that expire at various dates through 2024. The major components of our operating leases that were in effect at 31 December 2008 are as described below.
 
In August 1998, we entered into an agreement for the lease of four buildings located in South San Francisco, California. These buildings are utilised for R&D, administration and other corporate functions. The leases expire between December 2012 and December 2014. Thereafter, we have an option to renew for two additional five-year periods.
 
In August 1996 and August 2000, we entered into lease agreements for our R&D facility located in King of Prussia, Pennsylvania. The lease agreements expire in May 2012 and April 2011, respectively.
 
In September 2004, we entered into a lease agreement for our corporate headquarters located in the Treasury Building, Dublin, Ireland. This lease expires in July 2014, with an option to renew for two additional 10-year periods. In April 2008, we entered into another lease agreement for an additional space at the Treasury Building. This lease expires in July 2014, with an option to renew for two additional 10-year periods. The agreement provides us with a 15-month rent-free period commencing at the beginning of the lease.

     
Elan Corporation, plc 2008 Annual Report
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In June 2007, we entered into a lease agreement for a building in South San Francisco, California. The building is under construction and will be utilised for R&D, sales and administrative functions. The lease term commenced in March 2009. The lease term is 15 years, with an option to renew for one additional five-year period. The agreement provides us with the option to cancel 10 years from the commencement date. The cancellation will require a one-year written notice and will include a penalty equal to nine months of rental payments and any unamortised landlord costs for tenant improvements. At 31 December 2008, we estimate the total rental payments and leasehold improvement incentives to be $99.9 million and $7.2 million, respectively. The rental payments and leasehold improvement incentives will be finalised upon completion of the building.
 
In July 2007, we entered into a lease agreement for a portion of a building in South San Francisco, California. The leased space is for our sales and administrative functions. The lease period expires in August 2009. We have notified the landlord that we will not renew the lease after the expiration of the lease in August 2009.
 
In December 2007, we entered into a lease agreement for a building in South San Francisco, California. The building is under construction and will be utilised for R&D, sales and administrative functions. We expect the lease term to commence in the first quarter of 2010. The lease term is 15 years, with an option to renew for one additional five-year period. The agreement provides us with the option to cancel 10 years from the commencement date. The cancellation will require a one-year written notice and will include a penalty equal to nine months of rental payments and any unamortised landlord costs for tenant improvements. At 31 December 2008, we estimate the total rental payments and leasehold improvement incentives to be $82.7 million and $5.6 million, respectively. The rental payments and leasehold improvement incentives will be finalised upon completion of the building.
 
In December 2008, we announced the planned closure of the New York office, which occurred in March 2009. The lease period expires in February 2015. The future rental commitments relating to this lease are included in the table below.
 
In addition, we also have various operating leases for equipment and vehicles, with lease terms that range from three to five years.
 
We recorded an expense under operating leases for premises and plant and equipment of $19.4 million in 2008 (2007: $22.7 million). We had no sublease income in any of these periods. At 31 December, our future minimum rental commitments for operating leases with non-cancellable terms in excess of one year are as follows:
 
                 
    2008
    2007
 
    $m     $m  
 
 
Less than one year
    19.2 (1)     17.1  
Between one and five years
    106.9 (1)     99.6  
More than five years
    143.2       159.1  
                 
Total
    269.3       275.8  
 
(1)  Net of estimated incentives for tenant leasehold improvements of $7.2 million , $3.7 million and $1.9 million in 2009, 2010 and 2011, respectively.
 
This excerpt taken from the ELN 20-F filed Feb 26, 2009.
Operating Leases
 
We lease certain of our facilities under non-cancelable operating lease agreements that expire at various dates through 2024. The major components of our operating leases that were in effect at December 31, 2008 are as described below.
 
In August 1998, we entered into an agreement for the lease of four buildings located in South San Francisco, California. These buildings are utilized for R&D, administration and other corporate functions. The leases expire between December 2012 and December 2014. Thereafter, we have an option to renew for two additional five-year periods.
 
In August 1996 and August 2000, we entered into lease agreements for our R&D facility located in King of Prussia, Pennsylvania. The lease agreements expire in May 2012 and April 2011, respectively.
 
In September 2004, we entered into a lease agreement for our corporate headquarters located in the Treasury Building, Dublin, Ireland. This lease expires in July 2014, with an option to renew for two additional 10-year periods. In April 2008, we entered into another lease agreement for an additional space at the Treasury Building. This lease expires in July 2014, with an option to renew for two additional 10-year periods. The agreement provides us with a 15-month rent-free period commencing at the beginning of the lease.
 
In June 2007, we entered into a lease agreement for a building in South San Francisco, California. The building is under construction and will be utilized for R&D, sales and administrative functions. We expect the lease term to commence in March 2009. The lease term is 15 years, with an option to renew for one additional five-year period. The agreement provides us with the option to cancel 10 years from the commencement date. The cancellation will require a one-year written notice and will include a penalty equal to nine months of rental payments and any unamortized landlord costs for tenant improvements. At December 31, 2008, we estimate the total rental payments and leasehold improvement incentives to be $99.9 million and $7.2 million, respectively. The rental payments and leasehold improvement incentives will be finalized upon completion of the building.


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Elan Corporation, plc
 
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS — (Continued)
 
In July 2007, we entered into a lease agreement for a portion of a building in South San Francisco, California. The leased space is for our sales and administrative functions. The lease period expires in August 2009. We have notified the landlord that we will not renew the lease after the expiration of the lease in August 2009.
 
In December 2007, we entered into a lease agreement for a building in South San Francisco, California. The building is under construction and will be utilized for R&D, sales and administrative functions. We expect the lease term to commence in the first quarter of 2010. The lease term is 15 years, with an option to renew for one additional five-year period. The agreement provides us with the option to cancel 10 years from the commencement date. The cancellation will require a one-year written notice and will include a penalty equal to nine months of rental payments and any unamortized landlord costs for tenant improvements. At December 31, 2008, we estimate the total rental payments and leasehold improvement incentives to be $82.7 million and $5.6 million, respectively. The rental payments and leasehold improvement incentives will be finalized upon completion of the building.
 
In December 2008, we announced the planned closure of the New York office, to occur in the first half of 2009. The lease period expires in February 2015. The future rental commitments relating to this lease are included in the table below.
 
In addition, we also have various operating leases for equipment and vehicles, with lease terms that range from three to five years.
 
We recorded expense under operating leases of $19.4 million in 2008 (2007: $22.7 million; 2006: $23.2 million). We had no sublease income in any of these periods. As of December 31, 2008, our future minimum rental commitments for operating leases with non-cancelable terms in excess of one year are as follows (in millions):
 
         
Due in:
       
2009
  $ 19.2 (1)
2010
    28.3 (1)
2011
    29.8 (1)
2012
    29.9  
2013
    18.9  
2014 and thereafter
    143.2  
         
Total
  $ 269.3  
         
 
 
(1) Net of estimated incentives for tenant leasehold improvements of $7.2 million, $3.7 million and $1.9 million in 2009, 2010 and 2011, respectively.
 
This excerpt taken from the ELN 6-K filed Mar 31, 2008.
Operating Leases
 
We lease certain of our facilities under non-cancellable operating lease agreements that expire at various dates through 2024. The major components of our operating leases are as described below.
 
In August 1998, we entered into an agreement for the lease of four buildings located in South San Francisco, California. These buildings are utilised for R&D, administration and other corporate functions. The lease period expires in December 2012. Thereafter, we have an option to renew for two additional five-year periods.
 
In August 1996 and August 2000, we entered into lease agreements for our R&D facility located in King of Prussia, Pennsylvania. During 2006, the lease agreements were extended, with expiration dates of May 2009 and April 2011, respectively. The lease agreement that expires in May 2009 includes an option to renew for an additional three-year period.
 
In January 2004, we entered into a lease agreement for our sales and administrative facility at Lusk Campus, San Diego, California. In January 2006, we extended the lease on part of this campus through January 2012. The lease on the remaining part of the facility expired in January 2007 and was not renewed. In November 2007, we terminated our Lusk Campus lease as part of the consolidation of our U.S. West Coast locations. We received a lease termination payment of $0.9 million, which was recorded net of other net charges.
 
In September 2004, we entered into a lease agreement for our new corporate headquarters located in the Treasury Building, Dublin, Ireland. This lease expires in July 2014, with an option to renew for two additional 10-year periods. The agreement provides us with an option to cancel five years from the commencement date. The cancellation will require a nine-month written notice and will include a penalty equal to six months of rental payments.

126 Elan Corporation, plc 2007 Annual Report


Table of Contents

Notes to the Consolidated Financial Statements
 
In June 2007, we entered into a lease agreement for a building in South San Francisco, California. The building is under construction and will be utilised for R&D, sales and administrative functions. We expect the lease term to commence in the first quarter of 2009. The lease term is 15 years, with an option to renew for one additional five-year period. The agreement provides us with the option to cancel 10 years from the commencement date. The cancellation will require a one-year written notice and will include a penalty equal to nine months of rental payments and any unamortised landlord costs for tenant improvements. At 31 December 2007, we estimate the total rental payments and leasehold improvement incentives to be $100.8 million and $7.2 million, respectively. The rental payments and leasehold improvement incentives will be finalised upon completion of the building.
 
In July 2007, we entered into a lease agreement for a portion of a building in South San Francisco, California. The leased space is for our sales and administrative functions. The lease period expires in August 2009. Thereafter, we have an option to renew for two additional one-year periods.
 
In December 2007, we entered into a lease agreement for a building in South San Francisco, California. The building is under construction and will be utilised for R&D, sales and administrative functions. We expect the lease term to commence in the first quarter of 2010. The lease term is 15 years, with an option to renew for one additional five-year period. The agreement provides us with the option to cancel 10 years from the commencement date. The cancellation will require a one-year written notice and will include a penalty equal to nine months of rental payments and any unamortised landlord costs for tenant improvements. At 31 December 2007, we estimate the total rental payments and leasehold improvement incentives to be $81.0 million and $5.6 million, respectively. The rental payments and leasehold improvement incentives will be finalised upon completion of the building.
 
In addition, we also have various operating leases for equipment and vehicles, with lease terms that range from three to five years.
 
We recorded an expense under operating leases for premises and plant and equipment of $22.7 million in 2007 (2006: $23.2 million), net of sublease income of $Nil in 2007 (2006: $Nil). As of 31 December, our future minimum rental commitments for operating leases with non-cancellable terms in excess of one year are as follows:
 
                 
    2007
    2006
 
    $m     $m  
 
 
Less than one year
    17.1       18.8  
Between one and five years
    99.6 (1)     78.4  
More than five years
    159.1       30.3  
                 
Total
    275.8       127.5  
                 
 
(1)  Net of estimated incentives for tenant improvements of $10.0 million and $2.8 million in 2009 and 2010, respectively.
 
This excerpt taken from the ELN 20-F filed Feb 28, 2008.
Operating Leases
 
We lease certain of our facilities under non-cancelable operating lease agreements that expire at various dates through 2024. The major components of our operating leases are as described below.
 
In August 1998, we entered into an agreement for the lease of four buildings located in South San Francisco, California. These buildings are utilized for R&D, administration and other corporate functions. The lease period expires in December 2012. Thereafter, we have an option to renew for two additional five-year periods.
 
In August 1996 and August 2000, we entered into lease agreements for our R&D facility located in King of Prussia, Pennsylvania. During 2006, the lease agreements were extended, with expiration dates of May 2009 and April 2011, respectively. The lease agreement that expires in May 2009 includes an option to renew for an additional three-year period.
 
In January 2004, we entered into a lease agreement for our sales and administrative facility at Lusk Campus, San Diego, California. In January 2006, we extended the lease on part of this campus through January 2012. The lease on the remaining part of the facility expired in January 2007 and was not renewed. In November 2007, we


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Table of Contents

 
Elan Corporation, plc
 
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS — (Continued)
 
terminated our Lusk Campus lease as part of the consolidation of our U.S. West Coast locations. We received a lease termination payment of $0.9 million, which was recorded net of other net charges.
 
In September 2004, we entered into a lease agreement for our corporate headquarters located in the Treasury Building, Dublin, Ireland. This lease expires in July 2014, with an option to renew for two additional 10-year periods. The agreement provides us with an option to cancel five years from the commencement date. The cancellation will require a nine-month written notice and will include a penalty equal to six months of rental payments.
 
In June 2007, we entered into a lease agreement for a building in South San Francisco, California. The building is under construction and will be utilized for R&D, sales and administrative functions. We expect the lease term to commence in the first quarter of 2009. The lease term is 15 years, with an option to renew for one additional five-year period. The agreement provides us with the option to cancel 10 years from the commencement date. The cancellation will require a one-year written notice and will include a penalty equal to nine months of rental payments and any unamortized landlord costs for tenant improvements. At December 31, 2007, we estimate the total rental payments and leasehold improvement incentives to be $100.8 million and $7.2 million, respectively. The rental payments and leasehold improvement incentives will be finalized upon completion of the building.
 
In July 2007, we entered into a lease agreement for a portion of a building in South San Francisco, California. The leased space is for our sales and administrative functions. The lease period expires in August 2009. Thereafter, we have an option to renew for two additional one-year periods.
 
In December 2007, we entered into a lease agreement for a building in South San Francisco, California. The building is under construction and will be utilized for R&D, sales and administrative functions. We expect the lease term to commence in the first quarter of 2010. The lease term is 15 years, with an option to renew for one additional five-year period. The agreement provides us with the option to cancel 10 years from the commencement date. The cancellation will require a one-year written notice and will include a penalty equal to nine months of rental payments and any unamortized landlord costs for tenant improvements. At December 31, 2007, we estimate the total rental payments and leasehold improvement incentives to be $81.0 million and $5.6 million, respectively. The rental payments and leasehold improvement incentives will be finalized upon completion of the building.
 
In addition, we also have various operating leases for equipment and vehicles, with lease terms that range from three to five years.
 
We recorded expense under operating leases of $22.7 million in 2007 (2006: $23.2 million; 2005: $25.5 million), net of sublease income of $Nil in 2007 (2006: $Nil; 2005: $0.1 million). As of December 31, 2007, our future minimum rental commitments for operating leases with non-cancelable terms in excess of one year are as follows (in millions):
 
         
Due in:
       
2008
  $ 17.1  
2009
    15.0 (1)
2010
    27.0 (1)
2011
    29.4  
2012
    28.2  
2013 and thereafter
    159.1  
         
Total
  $ 275.8  
         
 
 
(1) Net of estimated incentives for tenant leasehold improvements of $10.0 million and $2.8 million in 2009 and 2010, respectively.


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Elan Corporation, plc
 
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS — (Continued)
 
 
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