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Commitments and Contingencies
12 Months Ended
Dec. 31, 2018
Commitments And Contingencies Disclosure [Abstract]  
Commitments and Contingencies

(13)

Commitments and Contingencies

 

(a)

Operating Leases

The Company has entered into lease agreements for office space and research facilities in San Diego, California; Melbourne, Florida; Scottsdale, Arizona; Taipei, Taiwan; Shenzhen and Jiangsu, China; and Cambridge, United Kingdom. Rent expense was $911,887, $805,271 and $742,829, for the years ended December 31, 2018, 2017 and 2016, respectively. The longest lease expires in February 2022. The Company moved into its facility in San Diego, California during the year ended December 31, 2014. The San Diego facility lease agreement included a tenant improvement allowance which provided for the landlord to pay for tenant improvements on behalf of the Company up to $515,000. Based on the terms of this landlord incentive and involvement of the Company in the construction process, the leasehold improvements purchased under the landlord incentive were determined to be property of the Company.

The future minimum lease payments required under operating leases in effect at December 31, 2018 were as follows:

 

Year ending:

 

 

 

 

2019

 

$

933,886

 

2020

 

 

560,432

 

2021

 

 

180,423

 

2022

 

 

22,526

 

 

 

$

1,697,267

 

 

 

(b)

Indemnification

In some agreements to which the Company is a party, the Company has agreed to indemnify the other party for certain matters, including, but not limited to, product liability and intellectual property. To date, there have been no known events or circumstances that have resulted in any material costs related to these indemnification provisions and no liabilities have been recorded in the accompanying financial statements.

 

(c)

Employment Agreements

During 2014, the Company entered into employment agreements with its Chief Executive Officer and certain members of its management team.  These agreements provided severance in the aggregate amount of $575,000 for termination without cause as defined in the agreements.  In April 2018, $150,000 in severance was paid out to the Company’s former Chief Operating Officer, Glenn Selbo.  In May 2018, $507,200 in severance was paid out to the Company’s former Chief Executive Officer, Charles Myers.  

On January 16, 2019, the Company entered into amended and restated employment agreements with Jacob Suen, the Company’s President, Anil Doradla, the Company’s Chief Financial Officer and Secretary, and Kevin Thill, the Company’s Senior Vice President, Engineering.  

The amended and restated employment agreements provide for an indefinite term and for at-will employment.  The agreements also set forth each executive’s annual base salary and target bonus opportunity and provide that each executive will be entitled to the benefits provided to employees generally.  

Pursuant to the amended and restated employment agreements, severance in the aggregate amount in excess of $455,000 for termination without cause is provided.

On March 13, 2019, the Company entered into an employment agreement with James K. Sims, the Company’s Chairman and Chief Executive Officer.  The agreement provides for an indefinite term and for at-will employment. The agreement also sets forth Mr. Sim’s annual base salary and target bonus opportunity and provides that he will be entitled to the benefits provided to employees generally. Pursuant to the agreement, Mr. Sims is eligible for severance in excess of $200,000.