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Commitments
3 Months Ended
Mar. 31, 2019
Commitments [Abstract]  
Commitments

8.

Commitments

Leases

At the inception of a contractual arrangement, the Company determines whether the contract contains a lease by assessing whether there is an identified asset and whether the contract conveys the right to control the use of the identified asset in exchange for consideration over a period of time. If both criteria are met, the Company calculates the associated lease liability and corresponding right-of-use asset upon lease commencement using a discount rate based on the rate implicit in the lease or an incremental borrowing rate commensurate with the term of the lease.

The Company records lease liabilities within current liabilities or long-term liabilities based upon the length of time associated with the lease payments. The Company records its operating lease right-of-use assets as long-term assets. Right-of-use assets for financing leases are recorded within property and equipment, net in the Balance Sheet. Leases with an initial term of 12 months or less are not recorded on the Balance Sheet. Instead, the Company recognizes lease expense for these leases on a straight-line basis over the lease term. In connection with certain operating leases, the Company has security deposits recorded and maintained as restricted cash totaling $0.4 million as of March 31, 2019.

The Company leases office and storage facilities and equipment under various operating and financing lease agreements. The initial terms of these leases range from 2 to 11 years and generally provide for periodic rent increases, and renewal and termination options. The Company’s lease agreements do not contain any material variable lease payments, residual value guarantees or material restrictive covenants.

Certain leases require the Company to pay taxes, insurance, and maintenance. Payments for the transfer of goods or services such as common area maintenance and utilities represent non-lease components. The Company elected the package of practical expedients and therefore does not separate non-lease components from lease components.

The table below summarizes the Company’s lease liabilities and corresponding right-of-use assets (in thousands):

 

March 31, 2019

 

Assets

 

 

 

Operating

$

2,153

 

Financing

 

215

 

Total leased assets

$

2,368

 

 

 

 

 

Liabilities

 

 

 

Current:

 

 

 

Operating

$

700

 

Financing

 

130

 

Noncurrent:

 

 

 

Operating

$

1,518

 

Financing

 

84

 

Total lease liabilities

$

2,432

 

 

The table below summarizes the Company’s lease costs from its Unaudited Consolidated Statement of Operations, and cash payments from its Unaudited Consolidated Statement of Cash Flows during the three months ended March 31, 2019 (in thousands, except years and rates):

 

 

March 31, 2019

 

Lease expense:

 

 

 

 

Operating lease expense

 

$

176

 

Finance lease expense:

 

 

 

 

Depreciation of right-of-use assets

 

 

33

 

Interest expense on lease liabilities

 

 

-

 

Total lease expense

 

$

209

 

 

 

 

 

 

Cash payment information:

 

 

 

 

Operating cash used for operating leases

 

$

176

 

Financing cash used for financing leases

 

 

28

 

Total cash paid for amounts included in the measurement of lease liabilities

 

$

204

 

 

 

 

 

 

Weighted-average remaining lease term (years) - operating leases

 

 

4.9

 

Weighted-average remaining lease term (years) - finance leases

 

 

1.8

 

Weighted-average discount rate - operating leases

 

 

7.3

%

Weighted-average discount rate - finance leases

 

 

5.0

%

The Company’s future minimum annual lease payments under operating and financing leases at March 31, 2019 are as follows in (thousands):

 

 

Financing

 

 

Operating

 

 

 

Leases

 

 

Leases

 

Remaining 2019

 

$

100

 

 

$

527

 

2020

 

 

120

 

 

 

690

 

2021

 

 

7

 

 

 

668

 

2022

 

 

-

 

 

 

281

 

2023

 

 

-

 

 

 

100

 

Thereafter

 

 

-

 

 

 

447

 

Total minimum lease payments

 

$

227

 

 

$

2,713

 

Less: amount representing interest

 

 

(13

)

 

 

(495

)

Present value of obligations under leases

 

 

214

 

 

 

2,218

 

Less: current portion

 

 

(130

)

 

 

(700

)

Noncurrent lease obligations

 

$

84

 

 

$

1,518

 

 

Other commitments

We have entered into agreements with various research organizations for pre-clinical and clinical development studies, which have provisions for cancellation. Under the terms of these agreements, the vendors provide a variety of services including conducting research, recruiting and enrolling patients, monitoring studies and data analysis. Payments under these agreements typically include fees for services and reimbursement of expenses. The timing of payments due under these agreements is estimated based on current study progress. As of March 31, 2019, we have clinical research study obligations of $2.5 million, $1.8 million of which is expected to be paid within a year.  Should the timing of the clinical trials change, the timing of the payment of these obligations would also change.

We were party to an agreement with Roche Diagnostics Corporation (“Roche”) which required us to make certain product purchase minimums. On June 8, 2018, the Company received written notice from Roche terminating its existing supply agreement with the Company due to failure by the Company to meet minimum purchase requirements. Roche has indicated to the Company that it will agree to negotiate in good faith with the Company with respect to a new supply agreement for enzymes with specifications similar to the enzymes that Roche was previously manufacturing for the Company.