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Commitments and Contingencies
9 Months Ended
Sep. 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 September  30, 2020

 

Assets

 

 

 

Operating

$

671

 

Financing

39

 

Total leased assets

$

710

 

 

 

 

 

Liabilities

 

 

 

Current:

 

 

 

Operating

$

140

 

Financing

39

 

Noncurrent:

 

 

 

Operating

545

 

Financing

 

 

Total lease liabilities

$

724

 

 

 

 

 

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

6.53

 

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

0.37

 

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 nine months ended September 30, 2020 (in thousands):

 

 

Three Months Ended

 

 

Nine Months Ended

 

 

September 30, 2020

 

September 30, 2019

 

 

September 30, 2020

 

September 30, 2019

 

Lease expense:

 

 

 

 

 

 

 

 

 

 

 

 

 

Operating lease expense

$

52

 

$

56

 

 

$

160

 

$

169

 

Finance lease expense:

 

 

 

 

 

 

 

 

 

 

 

 

 

Depreciation of right-of-use assets

 

32

 

32

 

 

95

 

85

 

Interest expense on lease liabilities

1

 

2

 

 

4

 

7

 

Total lease expense

$

85

 

$

90

 

 

$

259

 

$

261

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Cash payment information:

 

 

 

 

 

 

 

 

 

 

 

 

 

Operating cash used for operating leases

$

56

 

$

38

 

 

$

155

 

$

147

 

Financing cash used for financing leases

42

 

1

 

 

93

 

75

 

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

$

98

 

$

39

 

 

$

248

 

$

222

 

 

Total rent expense for the three and nine months ended September 30, 2020 was $48,000 and $177,000, 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 September 30, 2020 are as follows in (thousands):

 

 

 

 

 

 

 

 

 

 

 

 

Financing Leases

 

 

Operating Leases

 

 

 

 

 

 

 

 

 

 

Remaining 2020

 

$

32

 

 

$

49

 

2021

 

7

 

 

183

 

2022

 

 

 

123

 

2023

 

 

 

100

 

Thereafter

 

 

 

447

 

Total minimum lease payments

 

$

39

 

 

$

902

 

Less: amount representing interest

 

 

 

 

 

(217

)

Present value of obligations under leases

 

 

39

 

 

 

685

 

Less: current portion

 

 

39

 

 

 

(140

)

Noncurrent lease obligations

 

$

 

 

$

545

 

 

 

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 September 30, 2020, the Company did not have obligations related to its clinical research agreements.

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.