Electronic Arts 2005 Annual Report Download - page 104

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We have accounted for this arrangement as an operating lease in accordance with SFAS No. 13, as amended.
Existing campus facilities comprise a total of 243,000 square feet and provide space for research and
development functions. Our rental obligation under this agreement is $50 million over the initial ten-year term
of the lease. This commitment is oÅset by sublease income of $6 million for the sublet to an aÇliate of the
Landlord of 18,000 square feet of the Los Angeles facility, which commenced in October 2003 and expires in
September 2013, with options of early termination by the aÇliate after Ñve years and by us after four and Ñve
years.
In June 2004, we entered into a lease agreement with an independent third party for a studio facility in
Orlando, Florida, which commenced in January 2005 and expires in June 2010, with one Ñve-year option to
extend the lease term. The campus facilities comprise a total of 117,000 square feet, which we intend to use
for research and development functions. We have accounted for this arrangement as an operating lease in
accordance with SFAS No. 13, as amended. Our rental obligation over the initial Ñve-and-a-half year term of
the lease is $13 million.
Litigation
On July 29, 2004, a class action lawsuit, Kirschenbaum v. Electronic Arts Inc., was Ñled against us in Superior
Court in San Mateo, California. The complaint alleges that we improperly classiÑed ""Image Production
Employees'' in California as exempt employees and seeks injunctive relief, unspeciÑed monetary damages,
interest and attorneys' fees. The complaint was Ñrst amended on or about November 30, 2004 to add two
former employees as named-plaintiÅs, and amended again on or about January 5, 2005 to add another former
employee as a named-plaintiÅ. The allegations in the complaint were not materially changed by the
amendments.
On February 14, 2005, a second employment-related class action lawsuit, Hasty v. Electronic Arts Inc., was
Ñled against us in Superior Court in San Mateo, California. The complaint alleges that we improperly
classiÑed ""Engineers'' in California as exempt employees and seeks injunctive relief, unspeciÑed monetary
damages, interest and attorneys' fees. On or about March 16, 2005, we received a Ñrst amended complaint,
which contains the same material allegations as the original complaint. We answered the Ñrst amended
complaint on April 20, 2005.
On March 24, 2005, a purported class action lawsuit was Ñled against us and certain of our oÇcers and
directors. The complaint, which asserts claims under Section 10(b) and 20(a) of the Securities Exchange Act
of 1934 based on allegedly false and misleading statements, was Ñled in the United States District Court,
Northern District of California, by an individual purporting to represent a class of purchasers of EA common
stock. Additional purported class action lawsuits have been Ñled in the same court by other individuals
asserting the same claims against us. We have not yet responded to any of the complaints. In addition, on
April 12, 2005, a shareholder derivative action was Ñled against certain of our oÇcers and directors. This suit
asserts claims based on substantially the same factual allegations set forth in the federal class action lawsuits.
The complaint was Ñled in San Mateo Superior Court. On April 13, 2005, a second shareholder derivative
action was Ñled in San Mateo Superior Court based on the same claims as the Ñrst complaint. On May 16,
2005, a shareholder derivative action based on substantially the same allegations was Ñled in the United States
District Court, Northern District of California. We have not responded to the shareholder derivative
complaints.
In addition, we are subject to other claims and litigation arising in the ordinary course of business. Our
management considers that any liability from any reasonably foreseeable disposition of such other claims and
litigation, individually or in the aggregate, would not have a material adverse eÅect on our consolidated
Ñnancial position or results of operations.
Director Indemnity Agreements
We have entered into indemniÑcation agreement with the members of our Board of Directors to indemnify
them to the extent permitted by law against any and all liabilities, costs, expenses, amounts paid in settlement
48