Quarterly report pursuant to Section 13 or 15(d)

COMMITMENTS AND CONTINGENCIES

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COMMITMENTS AND CONTINGENCIES
9 Months Ended
Sep. 30, 2022
Commitments and Contingencies Disclosure [Abstract]  
COMMITMENTS AND CONTINGENCIES COMMITMENTS AND CONTINGENCIES
Legal Proceedings
The Company is involved in various claims, actions, and legal proceedings arising in the ordinary course of business, including a number of matters related to the aqueous film forming foam litigation consolidated in the District of South Carolina multi-district litigation and other similar matters pending in other jurisdictions in the United States. The Company’s exposure to losses, if any, is not considered probable or reasonably estimable at this time.
Commitments
The Company has a supply agreement to purchase elemental phosphorus (“P4”) from a supplier through 2023. The contract price is tied to the contract year cost times a multiplier, subject to a market-driven benchmark price adjustment, which is generally settled once per year. The Company did not purchase the anticipated minimum pounds of P4 for the three and nine months ended September 30, 2022 and 2021. However, the Company has no obligation to record a liability, as there is no financial penalty owed to the vendor. Costs incurred under this supply agreement were $9.6 million and $34.0 million for the three and nine months ended September 30, 2022, respectively, and $9.7 million and $26.9 million for the three and nine months ended September 30, 2021, respectively.
Leases
The Company leases facilities and other machinery and equipment under long-term noncancelable operating leases through August 14, 2037. As of September 30, 2022, the future minimum rental payments required by the long-term noncancelable operating leases are as follows (in thousands):
Amount
Remainder of 2022 $ 1,117 
2023 4,401 
2024 3,669 
2025 3,268 
2026 3,083 
Thereafter 3,873 
Total $ 19,411 
Minimum rental payments under operating leases are recognized on a straight-line basis over the term of the lease including any periods of free rent. Rent expense for operating leases was $1.2 million and $3.7 million for the three and nine months ended September 30, 2022, respectively, of which $1.0 million and $3.2 million, respectively, was presented in cost of goods sold and $0.2 million and $0.5 million, respectively, was presented in selling, general, and administrative expense in the accompanying condensed consolidated statements of operations and comprehensive income (loss). Rent expense for operating leases was $0.5 million and $2.3 million for the three and nine months ended September 30, 2021, respectively, of which $0.3 million and $1.9 million, respectively, was presented in cost of goods sold and $0.2 million and $0.4 million, respectively, was presented in selling, general, and administrative expense in the accompanying condensed consolidated statements of operations and comprehensive income (loss).