Quarterly report pursuant to Section 13 or 15(d)

Other Charges (Gains), net

v3.23.2
Other Charges (Gains), net
6 Months Ended
Jul. 09, 2023
Other Income and Expenses [Abstract]  
Other Charges (Gains), net Other Charges (Gains), net
Other charges (gains), net consisted of the following (in thousands):
Twelve Weeks Ended Twenty-Eight Weeks Ended
July 9, 2023 July 10, 2022 July 9, 2023 July 10, 2022
Gain on sale leaseback, net of expenses
$ (14,586) $ —  $ (14,586) $ — 
Litigation contingencies
1,240  (1,806) 5,540  (86)
Restaurant closure costs, net
(112) 930  1,638  1,879 
Severance and executive transition
962  129  2,854  129 
Asset impairment
1,693  8,739  2,387  10,861 
Other
83  —  1,144  — 
Closed corporate office costs, net of sublease income 113  —  175  — 
Other financing costs
—  61  —  370 
COVID-19 related charges
—  93  —  300 
Other charges (gains), net $ (10,607) $ 8,146  $ (848) $ 13,453 
During the second quarter of 2023, the Company sold nine restaurant properties for total proceeds of $28.5 million in a sale-leaseback transaction that resulted in a gain, net of expenses of $14.6 million. The net proceeds of $28.5 million are included within cash flows from investing activities on the Condensed Consolidated Statements of Cash Flows for the twenty-eight weeks ended July 9, 2023.
Litigation contingencies during the twelve and twenty-eight weeks ended July 9, 2023 and July 10, 2022 represent reserves for various in progress legal matters. Litigation contingencies during the twelve and twenty-eight weeks ended July 10, 2022 include the impact of cash proceeds received by the Company related to certain legal claims.
Restaurant closure costs (gains) include the ongoing restaurant operating costs of the Company-owned restaurants incurred for closed restaurants and closed restaurant lease termination gains or losses.
Severance and executive transition costs include one-time termination benefits related to a reduction in force of Team Members and costs associated with changes in leadership positions as a result of our strategic pivot and are accounted for in accordance with ASC Topic 420, Exit or Disposal Cost Obligations. The Company expects to make the remaining payments related to these benefits in 2023.
The Company incurred a cumulative total of $5.0 million related to these one-time termination benefits. Approximately $2.1 million in one-time termination benefits was incurred and recorded in Other charges in the Consolidated Statements of Operations and Comprehensive Income (Loss) during the twenty-eight weeks ended July 9, 2023. A reconciliation of our termination benefits liability, which is included in Accrued liabilities and other current liabilities in our Condensed Consolidated Balance Sheets is as follows:
Termination Benefits
Balance as of December 25, 2022
$ 2,505 
Charges 2,077 
Cash Payments (3,947)
Balance as of July 9, 2023
$ 635 
The Company recognized non-cash impairment charges primarily related to restaurant assets at four Company-owned restaurants during the twelve and twenty-eight weeks ended July 9, 2023. Additionally, the Company recognized non-cash impairment charges related to subleasing additional space at the Company's closed corporate office during the twenty-eight weeks ended July 9, 2023. The Company recognized non-cash impairment charges related to restaurant assets at six and nine Company-owned restaurants for the twelve and twenty-eight weeks ended July 10, 2022, respectively.
Other primarily includes non-cash charges related to terminated capital projects and disposals, and certain insurance claim proceeds.
Closed corporate office, net of sublease income includes expense and sublease income related to a corporate office facility that was vacated and subleased.
Other financing costs include fees related to the entry by the Company into the new Credit Agreement (as defined below) on March 4, 2022 that were not capitalized with the closing of the Credit Facility. See Note 6. Borrowings.
COVID-19 related charges include the costs of purchasing personal protective equipment for restaurant Team Members and Guests and emergency sick pay provided to restaurant Team Members related to the COVID-19 pandemic.