MTSC » Topics » 8. Commitments and Contingencies:

These excerpts taken from the MTSC 10-K filed Nov 25, 2008.

8. Commitments and Contingencies:

Litigation: The Company is subject to various claims, legal actions, and complaints arising in the ordinary course of business. The Company believes the final outcome of these matters will not have a material adverse effect on its consolidated financial position or results of operations. The Company expenses legal costs as incurred.

Leases: Total lease expense associated with continuing operations was $5.4 million, $5.4 million, and $5.1 million for fiscal years 2008, 2007, and 2006, respectively. The Company has operating lease commitments for equipment, land, and facilities that expire on various dates through 2052. Minimum annual rental commitments for the next five fiscal years and thereafter are as follows:

 

 

 

 

 

Year

 

Payments

 

       

 

 

(expressed in thousands)

 

2009

 

$

4,790

 

2010

 

 

3,626

 

2011

 

 

2,909

 

2012

 

 

1,649

 

2013

 

 

623

 

Thereafter

 

 

2,667

 

 

 

   

 

 

 

$

16,264

 

 

 

   

 

8. Commitments and Contingencies:



Litigation:
The Company is subject to various claims, legal actions, and complaints arising
in the ordinary course of business. The Company believes the final outcome of
these matters will not have a material adverse effect on its consolidated
financial position or results of operations. The Company expenses legal costs
as incurred.



Leases: Total
lease expense associated with continuing operations was $5.4 million, $5.4
million, and $5.1 million for fiscal years 2008, 2007, and 2006, respectively.
The Company has operating lease commitments for equipment, land, and facilities
that expire on various dates through 2052. Minimum annual rental commitments
for the next five fiscal years and thereafter are as follows:





























































































 



 



 



 



 



Year



 



Payments



 


 

 

 

 


 



 



(expressed in thousands)



 



2009



 



$



4,790



 



2010



 



 



3,626



 



2011



 



 



2,909



 



2012



 



 



1,649



 



2013



 



 



623



 



Thereafter



 



 



2,667



 



 



 


 

 


 



 



 



$



16,264



 



 



 


 

 


 




This excerpt taken from the MTSC 10-K filed Nov 28, 2007.

9. Commitments and Contingencies:

Litigation: The Company has been subject to investigations conducted by the U.S. Department of Commerce and the U.S. Attorney for the District of Minnesota since 2000 concerning the Company’s compliance with U.S. export control regulations. In fiscal year 2006, the Company entered into a civil settlement with the U.S. Department of Commerce, pursuant to which the Company paid a civil fine of less than $0.1 million, while denying any violation of law. The separate criminal inquiry by the U.S. Attorney’s office has been ongoing and, during fiscal year 2007, the Company and the U.S. Attorney’s office began discussing terms to terminate the criminal inquiry. No formal litigation has been commenced against the Company.

The Company and its Audit Committee have independently investigated the matter and believe no willful or material violation of applicable law has been committed. The Company believes that its maximum exposure to any fine related to these matters is an additional $1.0 million, plus the cost of its defense. The Company does not believe the final outcome of these proceedings will have a material adverse effect on its consolidated financial position or results of operations.

In addition to the above legal matter, the Company is also party to various claims, legal actions, and complaints arising in the ordinary course of business. In the opinion of management, final resolution of these matters will not have a material adverse effect on the consolidated financial position or results of operations of the Company. The Company expenses legal costs associated with these matters as incurred.

Leases: Total lease expense associated with continuing operations was $5.7 million, $5.3 million, and $4.7 million for fiscal years 2007, 2006, and 2005, respectively. The Company has operating lease commitments for equipment, land, and facilities that expire on various dates through 2052. Minimum annual rental commitments for the next five fiscal years and thereafter are as follows:

 

 

 

 

 

Year

 

 

Payments

 

 

 

 

(expressed in thousands)

 

2008

 

$

5,324

 

2009

 

 

4,302

 

2010

 

 

2,803

 

2011

 

 

2,011

 

2012

 

 

1,245

 

Thereafter

 

 

2,969

 

 

 

 

 

 

$

18,654

 

 

 

 

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Table of Contents


This excerpt taken from the MTSC 10-K filed Dec 11, 2006.

9. Commitments and Contingencies:

 

Litigation: The Company is a party to various claims, legal actions, and complaints arising in the ordinary course of business. In the opinion of management, final resolution of these matters will not have a material adverse effect on the consolidated financial position or results of operations of the Company. The Company expenses legal costs associated with these matters as incurred.

 

Leases: Total lease expense associated with continuing operations was $5.3 million, $4.7 million, and $4.9 million for fiscal years 2006, 2005, and 2004, respectively. The Company has operating lease commitments for equipment, land, and facilities that expire on various dates through 2052. Minimum annual rental commitments for the next five fiscal years and thereafter are as follows:


F-27



Table of Contents

Year

 

Payments

 

 

 

(expressed in thousands)

 

2007

 

$

4,557

 

2008

 

 

3,785

 

2009

 

 

2,826

 

2010

 

 

1,536

 

2011

 

 

1,323

 

Thereafter

 

 

3,842

 

 

 

$

17,869

 

 

This excerpt taken from the MTSC 10-K filed Dec 14, 2005.

9.   Commitments and Contingencies:

Litigation: The Company is a party to various claims, legal actions, and complaints arising in the ordinary course of business. In the opinion of management, final resolution of these matters will not have a material adverse effect on the consolidated financial position or results of operations of the Company.


F-25



Table of Contents

Leases: Total lease expense associated with continuing operations was $4.7 million, $4.9 million, and $5.6 million for fiscal years 2005, 2004, and 2003, respectively. The Company has non-cancelable operating lease commitments for equipment, land, and facilities that expire on various dates through 2052. Minimum annual rental commitments for the next five fiscal years and thereafter are as follows:

Year Payments

(expressed in thousands)
2006     $ 3,587  
2007    3,547  
2008    2,239  
2009    810  
2010    378  
Thereafter    2,799  

    $ 13,360  


F-26



Table of Contents

MTS SYSTEMS CORPORATION AND SUBSIDIARIES

SCHEDULE II — SUMMARY OF CONSOLIDATED ALLOWANCES

FOR DOUBTFUL ACCOUNTS AND RESTRUCTURING RESERVES

FOR THE YEARS ENDED OCTOBER 1, 2005, OCTOBER 2, 2004,

AND SEPTEMBER 27, 2003

(expressed in thousands)

Balance
Beginning
of Year

Provisions
(Benefit)

Amounts
Written-Off/
Payments

Balance
End of
Year

 
Allowance for Doubtful Accounts:
 
2005     $ 1,197   $ 201   $ (188 ) $ 1,210  
 
2004    1,603    (228 )  (178 )  1,197  
 
2003    2,275    184    (856 )  1,603  
 
 
Restructuring Reserves:
 
2005   $   $ 1,319   $   $ 1,319  
 
2004                  
 
2003    21        (21 )    


S-1



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