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3/25/22. 9:42 AM road -20210930 Table of Contents Note 18 - Commitments and Contingencies From time to time, the Company is subject to inquiries or audits by taxing authorities arising from its operations, covering a wide range of matters that arise in the ordinary course of business, such as income taxes and other types of taxes. Each of these matters is subject to various uncertainties, and it is possible that some of these matters may not be resolved in the Company's favor. The Company is also involved in other legal and administrative proceedings arising in the ordinary course of business. Liabilities for loss contingencies arising from claims, assessments, litigation, fines, penalties and other sources are recorded when it is probable that a liability has been incurred and the amount of the loss can be reasonably estimated. The outcomes of these inquiries and legal proceedings are not expected to have a material effect on the Company's financial position or results of operations on an individual basis, and management did not accrue any material loss contingencies for the periods presented. However, adverse outcomes in a significant number of such ordinary course inquiries and legal proceedings could, in the aggregate, have a material adverse effect on the Company's financial condition and results of operations. Letters of Credit Under the Revolving Credit Facility, the Company has a total capacity of $225.0 million that may be used for a combination of cash borrowings and letter of credit issuances. At each of September 30, 2021 and 2020, the Company had aggregate letters of credit outstanding in the amount of $11.3 million and $10.9 million, respectively, primarily related to certain insurance policies as described in Note 2 - Significant Accounting Policies. Purchase Commitments As of September 30, 2021, the Company had unconditional purchase commitments for diesel fuel in the normal course of business in the aggregate amount of $0.1 million. Management does not expect any significant changes in the market value of these goods during the commitment period that would have a material adverse effect on the financial condition, results of operations and cash flows of the Company. As of September 30, 2021, our purchase commitments annually thereafter are as follows (in thousands): Fiscal Year Amount 2022 $ 51 Total $ 51 Minimum Royalties The Company has lease agreements associated with aggregates facilities under which the Company makes royalty payments. These agreements are outside the scope of Topic 842. The payments are generally based on tons sold in a particular period; however, certain agreements have minimum annual payments. The Company has commitments in the form of minimum royalties as of September 30, 2021 in the amount of $2.4 million, due as follows (in thousands): Fiscal Year Amount 2022 $ 289 2023 196 2024 189 2025 137 2026 124 Thereafter 1,460 Total $ 2,395 Royalty expense recorded in cost of revenue during the fiscal years ended September 30, 2021, 2020 and 2019 was $1.2 million, $1.3 million and $1.7 million, respectively. https://www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 121/144