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Note 5 - Commitments and Contingencies

12 Months Ended

Dec. 31, 2023

Commitments and Contingencies Disclosure [Text Block]

5. Commitments and Contingencies

Leases

The Company is a party to operating leases for the Company's corporate office in Cupertino, modular offices, and laboratory facilities. We have also entered into several finance leases for mobile equipment and for the Riverbank Industrial Complex. These finance leases have a purchase option at the end of the term that we are reasonably certain we will exercise, so the leases are classified as finance leases. All of our leases have remaining term of one year to 13 years. We made an accounting policy election to keep leases with an initial term of 12 months or less off the balance sheet. We will recognize those lease payments in the Consolidated Statements of Operations as we incur the expenses.

The Company evaluates leases in accordance with ASC 842 – Lease Accounting. When discount rates implicit in leases cannot be readily determined, we use the applicable incremental borrowing rate at lease commencement to perform lease classification tests on lease components and to measure lease liabilities and right of use (ROU) assets. The incremental borrowing rate used by the Company is based on weighted average baseline rates commensurate with the Company’s secured borrowing rate, over a similar term. At each reporting period when there is a new lease initiated, the rates established for that quarter are used.

The components of lease expense and sublease income is as follows:

	*Twelve Months Ended December 31,*
	*2023*		*2022*
Operating lease cost
Operating lease expense	$	722	$	673
Short term lease expense		223		176
Variable lease expense		93		91
Total operating lease cost	$	1,038	$	940

Finance lease cost
Amortization of right-of-use assets	$	121	$	179
Interest on lease liabilities		340		310
Total finance lease cost	$	461	$	489

Cash paid for amounts included in the measurement of lease liabilities:

	*Twelve Months Ended December 31,*
	*2023*		*2022*
Operating cash flows used in operating leases	$	668	$	766
Operating cash flows used in finance leases		340		310
Financing cash flows used in finance leases		428		481

Supplemental non-cash flow information related to the operating ROU asset and lease liabilities for the year ended December 31, 2023 and 2022:

	*Twelve Months Ended December 31,*
	*2023*			*2022*
Operating leases
Accretion of the lease liability	$	249		$	340
Amortization of right-of-use assets		293			333

Weighted Average Remaining Lease Term
Operating leases (in years)		4.2			5.2
Finance leases (in years)		13.0			14.0

Weighted Average Discount Rate
Operating leases		14.1	%		14.2	%
Finance leases		13.2	%		13.2	%

Supplemental balance sheet information related to leases was as follows:

	*As of*
	*December 31, 2023*			*December 31, 2022*
Operating leases
Operating lease right-of-use assets	$	2,056		$	2,449

Current portion of operating lease liability		406			338
Long term operating lease liability		1,783			2,189
Total operating lease liabilities		2,189			2,527

Finance leases
Property and equipment, at cost	$	2,889		$	3,045
Accumulated depreciation		(228	)		(112	)
Property and equipment, net		2,661			2,933

Other current liability		30			71
Other long term liabilities		2,687			2,911
Total finance lease liabilities		2,717			2,982

Maturities of operating lease liabilities were as follows:

Year Ended December 31,	*Operating leases*			*Finance leases*

2024	$	682		$	179
2025		681			168
2026		626			145
2027		645			145
2028		272			145
There after		-			10,105
Total lease payments		2,906			10,887
Less imputed interest		(717	)		(8,170	)
Total lease liability	$	2,189		$	2,717

The Company acts as sublessor in certain leasing arrangements, primarily related to land and buildings. Fixed sublease payments received are recognized on a straight-line basis over the sublease term. Sublease income and head lease expense for these transactions are recognized on net basis on the consolidated financial statements. Sublease income is recorded in the other operating income section of the Consolidated Statements of Operations and Comprehensive Loss.

The components of lease income for the years ended December 31, 2023 and 2022 were as follows:

		*December 31, 2023*				*December 31, 2022*
Lease income		$	2,075			$	1,255

Future lease commitments to be received by the Company as of December 31, 2023, are as follows:

Year ended December 31,
2024	$	948
2025		773
2026		562
2027		508
2028		508
There after		635
Total future lease commitments	$	3,934

Legal Proceedings

On August 31, 2016, the Company filed a lawsuit in Santa Clara County Superior Court against defendant EdenIQ, Inc. (“EdenIQ”). The lawsuit was based on EdenIQ’s wrongful termination of a merger agreement that would have effectuated the merger of EdenIQ into a new entity that would be primarily owned by Aemetis. On July 24, 2019, the court awarded EdenIQ a portion of the fees and costs it had sought in the amount of approximately $6.2 million and the Company recorded these fees based on the court order. On May 6, 2022 the parties settled the dispute for $4.8 million by entering into a settlement agreement. The settlement was paid and a gain on litigation of $1.4 million was recognized on the income statement in the second quarter of 2022.

The Company is subject to legal proceedings and claims which arise in the ordinary course of its business. While the ultimate outcome of these matters is not presently determinable, it is in the opinion of management that the resolution of outstanding claims will not have a material adverse effect on the financial position or results of operations of the Company. Due to the uncertainties in the litigation and settlement process, it is at least reasonably possible that management's view of outcomes will change in the near term.