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Commitments and Contingencies
6 Months Ended
Jun. 30, 2020
Commitments [Abstract]  
Commitments and Contingencies

9.

Commitments and Contingencies

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.  

The Company leases laboratory, office and storage facilities in San Antonio, Texas, under operating lease agreements that expire in 2028. The Company also leases certain office space in Austin, Texas under a month-to-month operating lease agreement. In addition, the Company leases certain equipment under various operating and finance leases. The lease agreements 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, except year and rates):

 

 

As of June 30, 2020

 

Assets

 

 

 

Operating

$

707

 

Financing

71

 

Total leased assets

$

778

 

 

 

 

 

Liabilities

 

 

 

Current:

 

 

 

Operating

$

139

 

Financing

79

 

Noncurrent:

 

 

 

Operating

589

 

Financing

 

Total lease liabilities

$

807

 

 

 

 

 

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

6.61

 

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

0.6

 

Weighted-average discount rate - operating leases

 

7.9

%

Weighted-average discount rate - finance leases

 

5.0

%

 

The table below summarizes the Company’s lease costs from its consolidated condensed statement of operations and comprehensive loss, and cash payments from its consolidated condensed statement of cash flows during the three and six months ended June 30, 2020 (in thousands):

 

 

Three Months Ended

 

 

Six Months Ended

 

 

June 30, 2020

 

June 30, 2019

 

 

June 30, 2020

 

June 30, 2019

 

Lease expense:

 

 

 

 

 

 

 

 

 

 

 

 

 

Operating lease expense

$

53

 

$

55

 

 

$

108

 

$

109

 

Finance lease expense:

 

 

 

 

 

 

 

 

 

 

 

 

 

Depreciation of right-of-use assets

31

 

28

 

 

63

 

56

 

Interest expense on lease liabilities

1

 

6

 

 

3

 

12

 

Total lease expense

$

85

 

$

89

 

 

$

174

 

$

177

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Cash payment information:

 

 

 

 

 

 

 

 

 

 

 

 

 

Operating cash used for operating leases

$

48

 

$

55

 

 

$

99

 

$

109

 

Financing cash used for financing leases

33

 

20

 

 

51

 

28

 

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

$

81

 

$

75

 

 

$

150

 

$

137

 

 

Total rent expense for the three and six months ended June 30, 2020 was $34,000 and $129,000, respectively, which includes leases in the table above, month-to-month operating leases, and common area maintenance charges.

The Company’s future minimum annual lease payments under operating and financing leases at June 30, 2020 are as follows in (thousands):

 

 

 

 

 

 

 

 

 

 

 

 

Financing Leases

 

 

Operating Leases

 

 

 

 

 

 

 

 

 

 

Remaining 2020

 

$

72

 

 

$

106

 

2021

 

7

 

 

183

 

2022

 

 

 

 

123

 

2023

 

 

 

 

100

 

Thereafter

 

 

 

 

448

 

Total minimum lease payments

 

$

79

 

 

$

960

 

Less: amount representing interest

 

 

 

 

 

(232

)

Present value of obligations under leases

 

79

 

 

 

728

 

Less: current portion

 

 

(79

)

 

 

(139

)

Noncurrent lease obligations

 

$

 

 

$

589

 

 

 

Other commitments

The Company has 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 June 30, 2020, the Company had clinical research study obligations of $34 thousand, all 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.

The Company is subject to various claims and contingencies related to legal proceedings.  Due to their nature, such legal proceedings involve inherent uncertainties including, but not limited to, court rulings, negotiations between affected parties and governmental actions. Management assesses the probability of loss for such contingencies and accrues a liability and/or discloses the relevant circumstances, as appropriate.  Management believes that any liability to the Company that may arise as a result of currently pending legal proceedings will not have a material adverse effect on the Company’s financial condition, liquidity, or results of operations as a whole.