Quarterly report pursuant to Section 13 or 15(d)

Commitments and Contingencies

Commitments and Contingencies
9 Months Ended
Sep. 30, 2020
Commitments and Contingencies Disclosure [Abstract]  
Commitments and Contingencies



Legal proceedings


On March 26, 2013, our South African operations received Notice of Motion filed in the Kwazulu-Natal High Court, Durban, Republic of South Africa, filed against Rolalor (PTY) LTD (“Rolalor”) and Labyrinth Trading 18 (PTY) LTD (“Labyrinth”) by Jennifer Catherine Mary Shaw (“Shaw”). It was requested that the Respondents, Rolalor and Labyrinth, be wound up in satisfaction of an alleged debt owed in the total amount of R4,082,636 (approximately $480,000). The outcome of the case resulted in the proposed liquidation of Rolalor in which the Company did not object as the entity has no assets. The Company does not expect there to be a material impact as a result of the proceedings, as the South African entities were sold and the buyers retained any and all liabilities.


No amounts have been accrued as of September 30, 2020 and December 31, 2019 in the accompanying condensed consolidated and combined balance sheets.


From time to time, the Company may be involved in legal proceedings and claims that have arisen in the ordinary course of business are generally covered by insurance. As of September 30, 2020, the Company does not expect the amount of ultimate liability with respect to these matters to be material to the Company’s financial condition, results of operations or cash flows.




The Company’s leases typically contain rent escalations over the lease term. The Company recognizes expense for these leases on a straight-line basis over the lease term. Additionally, tenant incentives used to fund leasehold improvements are recognized when earned and reduce our right-of-use asset related to the lease. These are amortized through the right-of-use asset as reductions of expense over the lease term.


Some of the Company’s leases include rent escalations based on inflation indexes and fair market value adjustments. Certain leases contain contingent rental provisions that include a fixed base rent plus an additional percentage of the restaurant’s sales in excess of stipulated amounts. Operating lease liabilities are calculated using the prevailing index or rate at lease commencement. Subsequent escalations in the index or rate and contingent rental payments are recognized as variable lease expenses. The Company’s lease agreements do not contain any material residual value guarantees or material restrictive covenants. As part of the lease agreements, the Company is also responsible for payments regarding non-lease components (common area maintenance, operating expenses, etc.) and percentage rent payments based on monthly or annual restaurant sales amounts which are considered variable costs and are not included as part of the lease liabilities.


Related to the adoption of Leases Topic 842, our policy elections were as follows:


Separation of lease and non-lease components


The Company elected this expedient to account for lease and non-lease components as a single component for the entire population of operating lease assets.


Short-term policy


The Company has elected the short-term lease recognition exemption for all applicable classes of underlying assets. Leases with an initial term of 12 months or less, that do not include an option to purchase the underlying asset that we are reasonably certain to exercise, are not recorded on the balance sheet.


Supplemental balance sheet information related to leases was as follows:


Operating Leases   Classification   September 30, 2020     December 31, 2019  
                  (Note 1)  
Right-of-use assets   Operating lease assets   $ 10,117,900     $ 11,668,026  
Current lease liabilities   Current operating lease liabilities     1,563,446       3,299,309  
Non-current lease liabilities   Long-term operating lease liabilities     15,115,651       14,382,354  
        $ 16,679,097     $ 17,681,663  


Lease term and discount rate were as follows:


    September 30, 2020     December 31, 2019  
              (Note 1)  
Weighted average remaining lease term (years)     7.44       8.19  
Weighted average discount rate     10 %     10 %


As discussed in Note 5, COVID-19 has negatively impacted operating results and cash flows at significantly varying amounts at the store level. Several stores were permanently closed during the three month period ended September 30, 2020 while others operated at a reduced capacity. Based on an assessment of the recoverability of the right-of-use asset as of September 30, 2020 an impairment charge of $428,899 and $559,821 was recorded for the three and nine month periods ended September 30, 2020, respectively.