Note 11 - Commitments and Contingencies	12 Months Ended
Sep. 30, 2017
Notes to Financial Statements
Commitments and Contingencies Disclosure [Text Block]	( 1 1 ) Commitments and Contingencies Insurance recoveries. During August and September of 2017, operations at our four manufacturing facilities located in Texas and Florida were adversely affected by hurricanes Harvey and Irma. We are in the process of completing the supporting analysis for insurance claims relating to the business interruption and property damage resulting from the storm. During 2014, a fire occurred at our Gallatin, Tennessee PC strand manufacturing facility, damaging a portion of the facility and requiring the temporary curtailment of operations until the necessary repairs were completed. In response, we reassigned a portion of our strand production requirements to our facility located in Sanderson, Florida, which was operating at a reduced utilization level. During the first quarter of 2015, we completed the remainder of the repairs and the Gallatin facility was fully operational. We maintained general liability, business interruption and replacement cost property insurance coverage on our facilities that was sufficient to cover the losses incurred from the fire. We received $2.0 million of insurance proceeds in 2015 related to the expenses that were incurred and capital outlays that were required to replace property and equipment damaged in the fire. During 2015, the insurance proceeds attributable to the additional expenses incurred were recorded in cost of sales ( $244,000 ) and SG&A expense ( $69,000 ) on our consolidated statement of operations. The insurance proceeds attributable to the property and equipment damaged in the fire were reported in cash flows from investing activities and all other insurance proceeds received were reported in cash flows from operating activities on our consolidated statement of cash flows. We reached a final settlement on this claim with our insurance carrier during the third quarter of 2015. Leases and p urchase c ommitments . We lease a portion of our equipment under operating leases that expire at various dates through 2022. Additionally, we leased our facility in Houston, Texas through September 30, 2017 and subsequently exercised the $4.9 million purchase option under the lease on October 2, 2017. Under most lease agreements, we pay insurance, taxes and maintenance. Rental expense for operating leases was $1.8 million in 2017, 2016 and 2015. As of September 30, 2017, minimum rental commitments under all non-cancelable leases with an initial term in excess of one year are payable as follows: 2018, $984,000; 2019, $498,000; 2020 $136,000; 2021, $2,000 and 2022 and beyond, $1,000. As of September 30, 2017 , we had $28.9 million in non-cancelable purchase commitments for raw material extending as long as approximately 100 days and $15.5 million of contractual commitments for the purchase of certain equipment that had not been fulfilled and are not reflected in the consolidated financial statements. Customer dispute. During 2015, we settled a dispute with a customer resulting in a $0.7 million charge that was recorded in other expense on our consolidated statement of operations. Legal proceedings . We are involved in lawsuits, claims, investigations and proceedings, including commercial, environmental and employment matters, which arise in the ordinary course of business. We do not expect the ultimate cost to resolve these matters will have a material adverse effect on our financial position, results of operations or cash flows. Seve rance and change of control a greements. We have entered into severance agreements with our Chief Executive Officer and Chief Financial Officer that provide them with certain termination benefits in the event their employment with us is terminated without cause. The initial term of each agreement is two years and they automatically renew for successive one year terms unless we or the executive provide notice of termination as specified in the agreement. In the event of termination of the executive’s employment without cause, these agreements provide that they would receive termination benefits equal to one and one -half times their annual base salary in effect on the termination date and the continuation of health and welfare benefits for eighteen months. In addition, all of the executive’s stock options and restricted stock would vest immediately, and outplacement services would be provided. We have also entered into change in control agreements with key members of management, including our executive officers, which specify the terms of separation in the event that termination of their employment followed a change in control. The initial term of each agreement is two years and they automatically renew for successive one year terms unless we or the executive provide notice of termination as specified in the agreement. The agreements do not provide assurances of continued employment or specify the terms of an executive’s termination should one occur in the absence of a change in control. The compensation payable under the terms of these agreements differs between the Chief Executive Officer and Chief Financial Officer, and the other covered executives. In the event of termination of the Chief Executive Officer or the Chief Financial Officer within two years of a change of control, they would receive severance benefits equal to two times base compensation, two times the average bonus for the prior three years and the continuation of health and welfare benefits for two years. In the event of such a termination of the other key members of management, including our other two executive officers, within two years of a change of control, they would receive severance benefits equal to one times base compensation, one times the average bonus for the prior three years and the continuation of health and welfare benefits for one year. In addition, for any covered executive that is terminated within two years of a change of control, all of their stock options and restricted stock would vest immediately, and outplacement services would be provided.

(

) Commitments and Contingencies

Insurance recoveries.

During

August

and

September

2017,

operations at our

four

manufacturing facilities located in Texas and Florida were adversely affected by hurricanes Harvey and Irma. We are in the process of completing the supporting analysis for insurance claims relating to the business interruption and property damage resulting from the storm.

During

2014,

a fire occurred at our Gallatin, Tennessee PC strand manufacturing facility, damaging a portion of the facility and requiring the temporary curtailment of operations until the necessary repairs were completed. In response, we reassigned a portion of our strand production requirements to our facility located in Sanderson, Florida, which was operating at a reduced utilization level. During the

first

quarter of

2015,

we completed the remainder of the repairs and the Gallatin facility was fully operational.

maintained general liability, business interruption and replacement cost property insurance coverage on our facilities that was sufficient to cover the losses incurred from the fire. We received

$2.0

million of insurance proceeds in

2015

related to the expenses that were incurred and capital outlays that were required to replace property and equipment damaged in the fire. During

2015,

the insurance proceeds attributable to the additional expenses incurred were recorded in cost of sales (

$244,000

) and SG&A expense (

$69,000

) on our consolidated statement of operations. The insurance proceeds attributable to the property and equipment damaged in the fire were reported in cash flows from investing activities and all other insurance proceeds received were reported in cash flows from operating activities on our consolidated statement of cash flows. We reached a final settlement on this claim with our insurance carrier during the

third

quarter of

2015.

Leases

and

urchase

ommitments

We lease a portion of our equipment under operating leases that expire at various dates through

2022.

Additionally, we leased our facility in Houston, Texas through

September 30, 2017

and subsequently exercised the

$4.9

million purchase option under the lease on

October 2, 2017.

Under most lease agreements, we pay insurance, taxes and maintenance. Rental expense for operating leases was

$1.8

million in

2017,

2016

and

2015.

As of

September 30, 2017,

minimum rental commitments under all non-cancelable leases with an initial term in excess of

one

year are payable as follows:

2018,

$984,000;

2019,

$498,000;

2020

$136,000;

2021,

$2,000

and

2022

and beyond,

$1,000.

As of

September 30, 2017

, we had

$28.9

million in non-cancelable purchase commitments for raw material extending as long as approximately

100

days and

$15.5

million of contractual commitments for the purchase of certain equipment that had

not

been fulfilled and are

not

reflected in the consolidated financial statements.

Customer dispute.

During

2015,

we settled a dispute with a customer resulting in a

$0.7

million charge that was recorded in other expense on our consolidated statement of operations.

Legal proceedings

We are involved in lawsuits, claims, investigations and proceedings, including commercial, environmental and employment matters, which arise in the ordinary course of business. We do

not

expect the ultimate cost to resolve these matters will have a material adverse effect on our financial position, results of operations or cash flows.

Seve

rance

and change of control

greements.

We have entered into severance agreements with our Chief Executive Officer and Chief Financial Officer that provide them with certain termination benefits in the event their employment with us is terminated without cause. The initial term of each agreement is

two

years and they automatically renew for successive

one

year terms unless we or the executive provide notice of termination as specified in the agreement. In the event of termination of the executive’s employment without cause, these agreements provide that they would receive termination benefits equal to

one

and

one

-half times their annual base salary in effect on the termination date and the continuation of health and welfare benefits for

eighteen

months. In addition, all of the executive’s stock options and restricted stock would vest immediately, and outplacement services would be provided.

We have also entered into change in control agreements with key members of management, including our executive officers, which specify the terms of separation in the event that termination of their employment followed a change in control. The initial term of each agreement is

two

years and they automatically renew for successive

one

year terms unless we or the executive provide notice of termination as specified in the agreement. The agreements do

not

provide assurances of continued employment or specify the terms of an executive’s termination should

one

occur in the absence of a change in control. The compensation payable under the terms of these agreements differs between the Chief Executive Officer and Chief Financial Officer, and the other covered executives. In the event of termination of the Chief Executive Officer or the Chief Financial Officer within

two

years of a change of control, they would receive severance benefits equal to

two

times base compensation,

two

times the average bonus for the prior

three

years and the continuation of health and welfare benefits for

two

years. In the event of such a termination of the other key members of management, including our other

two

executive officers, within

two

years of a change of control, they would receive severance benefits equal to

one

times base compensation,

one

times the average bonus for the prior

three

years and the continuation of health and welfare benefits for

one

year. In addition, for any covered executive that is terminated within

two

years of a change of control, all of their stock options and restricted stock would vest immediately, and outplacement services would be provided.