Annual report pursuant to Section 13 and 15(d)

Commitments and Contingencies

v3.19.1
Commitments and Contingencies
12 Months Ended
Dec. 31, 2018
Commitments and Contingencies Disclosure [Abstract]  
Commitments and Contingencies

6. COMMITMENTS AND CONTINGENCIES

 

Operating Lease Commitment

 

In September 2016, the Company amended its commercial lease for office space to expand into an additional 4,088 square feet of office space within the same building for an aggregate total of 10,414 square feet of leased office space (“September 2016 Amendment”). The Company began occupying this space in early November 2016 and the final lease payment was to be due in January 2021. The September 2016 Amendment required an increase in the standby letter of credit to $50,000 (See Note 3). The September 2016 Amendment was terminated upon the commencement date of the August 2017 Lease Agreement discussed below.

 

On August 21, 2017, the Company entered into a lease agreement (“August 2017 Lease Agreement”) with the same landlord, pursuant to which the Company agreed to lease 32,733 square feet of office space (“Leased Premises”). The initial term of the August 2017 Lease Agreement is for a period of seven years which began with the Company’s occupancy of the Leased Premises in February 2018. The base rent for the Leased Premises ranges from approximately $470,000 for the first year to approximately $908,000 for the seventh year. Per the terms of the August 2017 Lease Agreement, the landlord agreed to reimburse the Company for $1,080,189 of leasehold improvements. The reimbursements have been deferred and will be recognized as a reduction of rent expense over the term of the lease. Additionally, the August 2017 Lease Agreement required a standby irrevocable letter of credit of $400,000, which may be reduced, if the Company is not in default under the August 2017 Lease Agreement, to $300,000 and $200,000 on the third and fourth anniversary of the commencement date, respectively, The Company entered into an unsecured letter of credit for $400,000 in connection with the August 2017 Lease Agreement for which it incurred interest expense of $7,431 and $9,743 in year ended December 31, 2018 and 2017, respectively.

 

The Company records the total rent payable during the lease term on a straight-line basis over the term of the lease and records the difference between the rents paid and the straight-line rent as deferred rent, which is classified in deferred rent, current and deferred rent, noncurrent in the Company’s balance sheet as of December 31, 2018 and 2017.

 

Pursuant to the terms of the Company’s non-cancelable lease agreements in effect at December 31, 2018, the future minimum rent commitments are as follows:

 

2019   $ 623,958  
2020     784,243  
2021     830,600  
2022     855,150  
2023     879,699  
Thereafter     1,055,639  
Total   $ 5,029,289  

 

Total rent expense for the years ended December 31, 2018 and 2017 was $587,963 and $356,547, respectively.

 

On February 26, 2019, the Company amended its lease (“February 2019 Lease Agreement”) pursuant to which an additional 30,023 square feet of office space (“New Premises”) will be leased by the Company in the same building for an aggregate total of 62,756 square feet of leased office space (“Total Premises”). The commencement date for the New Premises is expected to occur no later than August 1, 2019 and the lease term for the Total Premises is October 31, 2026. The future minimum rent commitments for the Total Premises are estimated to be approximately as follows:

 

2019   $ 678,000  
2020     1,288,000  
2021     1,592,000  
2022     1,640,000  
2023     1,687,000  
Thereafter     5,036,000  
Total   $ 11,921,000  

 

Capital Lease Commitment

 

The lease payments commenced when the machine was placed in service in January 2016. The lease is for a three-year term and includes a bargain purchase option at the end of the term. In the accompanying balance sheet as of December 31, 2017 and 2016, the current portion of this capital lease obligation is classified in accrued expenses and the long-term portion of the capital lease obligation is classified in other long-term liabilities. Pursuant to the terms of this capital lease agreement, the future minimum capital lease commitments are as follows as of December 31, 2018:

 

Total future minimum lease payments – end in 2019   $ 378  
Less: interest     (3 )
Future capital lease obligations     375  
Less: current portion     (375 )
Long-term portion   $  

 

For commitments under the Company’s development award agreements- see Note 9.