Brinker International Inc.®

Annual Report 2006


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9. LEASES

(a) Capital Leases

We lease certain buildings under capital leases. The asset values of $32.6 million and $27.5 million at June 28, 2006 and June 29, 2005, respectively, and the related accumulated amortization of $5.6 million and $10.6 million at June 28, 2006 and June 29, 2005, respectively, are included in property and equipment. Amortization of assets under capital leases is included in depreciation and amortization expense.

(b) Operating Leases

We lease restaurant facilities, office space, and certain equipment under operating leases having terms expiring at various dates through fiscal 2095. The restaurant leases have renewal clauses of 1 to 35 years at our option and, in some cases, have provisions for contingent rent based upon a percentage of sales in excess of specified levels, as defined in the leases. Rent expense for fiscal 2006, 2005, and 2004 was $138.8 million, $119.2 million, and $110.3 million, respectively. Contingent rent included in rent expense for fiscal 2006, 2005, and 2004 was $12.7 million, $11.6 million, and $11.0 million, respectively.

(c) Commitments

As of June 28, 2006, future minimum lease payments on capital and operating leases were as follows (in thousands):

Fiscal Year Capital
Leases
  Operating
Leases
2007    $ 4,771         $ 113,137     
2008   4,859     108,120  
2009   4,948     101,593  
2010   5,040     93,378  
2011   5,134     84,382  
Thereafter   55,062     389,625  
Total minimum lease payments   79,814   $ 890,235  
Imputed interest (average rate of 7%)   (29,981      
Present value of minimum lease payments   49,833        
Less current installments   (1,565      
  $ 48,268        

As of June 28, 2006, we had entered into other lease agreements for restaurant facilities currently under construction or yet to be constructed. Classification of these leases as capital or operating has not been determined as construction of the leased properties has not been completed.

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