6. Commitments and Contingencies Lease Commitments The Company leases its corporate office, retail locations and distribution centers through F&amp;D, under long-term operating lease agreements that expire in various years through 2038. Additionally, certain equipment is leased under short-term operating leases. Certain lease agreements include escalating rents over the lease terms. The Company expenses rent on a straight-line basis over the life of the lease, which commences on the date the Company has the right to control the property. The cumulative expense recognized on a straight-line basis in excess of the cumulative payments is included in deferred rent in the accompanying balance sheets. Future minimum lease payments under non-cancelable operating leases (with initial or remaining lease terms in excess of one year) as of September 28, 2017, were: (in thousands) Amount Thirteen weeks ended December 28, 2017 $ 18,100 2018 81,967 2019 92,825 2020 91,135 2021 87,128 Thereafter 564,361 Total minimum lease payments $ 935,516 Lease expense for the thirty-nine weeks ended September 28, 2017 and September 29, 2016 was approximately $51,956 thousand and $39,211 thousand, respectively. Litigation The Company is subject to other various legal actions, claims and proceedings arising in the ordinary course of business, including claims related to breach of contracts, products liabilities, intellectual property matters and employment related matters resulting from its business activities. The Company establishes reserves for specific legal proceedings when it determines that the likelihood of an unfavorable outcome is probable and the amount of loss can be reasonably estimated. These proceedings are not expected to have a material impact on the Company's consolidated financial position, cash flows or results of operations. During the thirty-nine weeks ended September 28, 2017, F&amp;D received final approval for a classwide settlement to resolve a class action lawsuit related to certain labeling of F&amp;Ds products. T