Berry designates the other two. In the event that the two parties cannot reach an agreement on an issue requiring a board vote, an independent arbitrator will be used to resolve the conflict.
• Embedded in its equity interest, Berry has an option to put its investment in Cherry common stock back to Cherry for the greater of $20 million or appraised value after two years. The option expires after year five.
• In the event that either joint venture member chooses to sell a portion, or all, of its ownership interest, the other member has the right of first refusal to acquire the available interest.
• Cherry expects losses of $20 million.
• Cherry sells its product directly to end customers.
Additional Facts:
• Each entity has all the requisite information to determine whether it is a variable interest.
• There are no other arrangements that give Banana or Berry power beyond the stated agreement.
In anticipation of filing its year-end financial statements, Banana reviewed the joint venture arrangement and determined that consolidation of Cherry was not required.
Required:
* Question 1 — Determine if Banana, Berry, or both, are required to apply the provisions of the variable interest entity (VIE) model in ASC 810-10 (Interpretation 46(R), as amended by Statement 167) to Cherry. * Question 2 — Determine if Cherry is a VIE. * Question 3 — If it is determined that Cherry is a VIE, which venturer, if either, should consolidate the entity? * Question 4.1 — Would the conclusion change if the put option referenced above