DISCLOSURES ABOUT CONTRACTUAL OBLIGATIONS AND COMMERCIAL CONTINGENCIES
The following table aggregates all contractual commitments and commercial obligations that affect our financial condition and liquidity position as of December 31, 2008: Payments Due by Period (dollars in thousands)
| 2009 | 2010 | 2011 | 2012 | 2013 | Thereafter | Total | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Contractual Obligations Operating Leases(a) |
$ | 23,569 | $ | 20,293 | $ | 16,195 | $ | 11,110 | $ | 7,101 | $ | 19,908 | $ | 98,176 | |||||||
| Purchase Obligations(b) | 16,854 | 2,228 | 403 | — | — | — | 19,485 | ||||||||||||||
| Total | $ | 40,423 | $ | 22,521 | $ | 16,598 | $ | 11,110 | $ | 7,101 | $ | 19,908 | $ | 117,661 | |||||||
(a) We have certain facilities and equipment under operating leases.
(b) Purchase obligations include agreements for services that are enforceable and legally binding and that specify all significant terms. As of December 31, 2008, such obligations include telecommunications services, maintenance contracts, and an obligation to complete construction on our data center facility.
We have no long-term debt or capital lease obligations. Long-term liabilities consist of noncurrent income taxes payable and the obligation under our non-qualified deferred compensation plan. Due to the uncertainty with respect to the timing of future cash flows associated with our unrecognized tax benefits at December 31, 2008, we are unable to make reasonably reliable estimates of the period of cash settlement with the respective taxing authority. Therefore, $9.9 million of unrecognized tax benefits have been excluded from the contractual obligations table above. See Note 7 to the Consolidated Financial Statements for a discussion on income taxes. The obligation under our non-qualified deferred compensation plan has also been excluded from the above table as the timing of cash payment is uncertain. We also enter into air and ocean freight and produce purchase contracts which are all short-term in nature. These liabilities have been excluded from the table as the amount of any cash payment is uncertain. As of December 31, 2008, we did not have any off-balance sheet arrangements as defined in Item 303 (a)(4)(ii) of SEC Regulation S-K.
