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12. Subsequent Events
6 Months Ended
Jun. 30, 2019
Subsequent Events [Abstract]  
12. Subsequent Events

Subordinated Debt Refinancing

 

On July 1, 2019, the Subordinated Notes with two accredited investors were amended to extend the maturity date until the earlier of (i) December 31, 2019; (ii) completion of an equity financing by AAFK or Aemetis in an amount of not less than $25.0 million; or (iii) after the occurrence of an Event of Default, including failure to pay interest or principal when due and breaches of note covenants. A 10% cash extension fee was paid by adding the fee to the balance of the new Note and warrants to purchase 113 thousand shares of common stock were granted with a term of two years and an exercise price of $0.01 per share. Accounting for the July 1, 2019 amendments and the refinancing terms of the Subordinated Notes will be evaluated in accordance with ASC 470-50 Debt – Modification and Extinguishment.

 

EdenIQ Litigation

 

The Company has pending litigation with EdenIQ, Inc. (“EdenIQ”) related to wrongful termination of a merger agreement, filed in Santa Clara County Superior Court. The Company and EdenIQ filed motions for attorney’s fees and costs. On July 24, 2019, the court granted $6.2 million of attorney’s fees and costs to EdenIQ. The Company has assessed this matter in accordance with ASC 855 as subsequent event type 1. As a result, a $6.2 million loss on contingency has been recorded within the Company’s consolidated financial statements as of June 30, 2019.