XML 35 R13.htm IDEA: XBRL DOCUMENT v3.5.0.2
LINE OF CREDIT
9 Months Ended
Sep. 30, 2016
Debt Disclosure [Abstract]  
LINE OF CREDIT
(7) LINE OF CREDIT
 
The Company has an asset-backed revolving credit facility under a Loan and Security Agreement as amended, (the “Triumph Agreement”) with Triumph Healthcare Finance, a division of TBK Bank, SSB, formerly known as Triumph Community Bank, (the “Lender”). The Triumph Agreement contains certain customary restrictive and financial covenants for asset-backed credit facilities. The Company has not been in compliance with the financial covenants under the Triumph Agreement since July 2014.
 
On July 14, 2014, the Company received notice from the Lender of an event of default under the Triumph Agreement. The notice relates to the Company’s default under the minimum debt service coverage ratio requirement for the quarter ended March 31, 2014 and certain other alleged defaults. The Lender notified the Company that it was exercising its default remedies under the Triumph Agreement, including, among others, accelerating the repayment of all outstanding obligations under the Triumph Agreement (outstanding principal and accrued interest) and collecting the Company’s bank deposits to apply towards the outstanding obligations. The Company and the Lender have been discussing the terms of an accelerated repayment of the amounts outstanding under the Triumph Agreement and the Lender has (pursuant to a forbearance agreement which has been extended through December 31, 2016) continued to make additional loans to the Company based on cash collections. As a result of the Company’s increased revenues and cash flow, the Company was able to make a $976 payment to the Lender against the principal amount of the debt during the first nine months of 2016 as compared to only a $120 payment against principal during the same period in 2015. This payment during 2016 resulted from increased accounts receivable collections, principally from a single insurance carrier which (as described in Note 8 to the unaudited financial statements below) we may be obligated to refund to the insurance carrier.
 
Notwithstanding the Company’s improved performance in 2016 and expectations for the future, no assurance can be given that the Lender will continue to make such additional loans or that the parties will agree on a repayment plan acceptable to the Company. If the Lender insists upon immediate repayment, the Company may be forced to seek protection from creditors.
 
As of September 30, 2016, $3,027 was outstanding under the Triumph Agreement and zero was available for borrowing based on the default status. Borrowings under the Triumph Agreement bear interest at the default interest rate. As of September 30, 2016, the effective interest rate under the Triumph Agreement was approximately 11.0% (6.75% interest rate plus 3% additional default interest rate and 1.25% fees). The Triumph Agreement requires monthly interest payments in arrears on the first day of each month. The Triumph Agreement matured on December 19, 2014. Triumph has agreed to forbear from the exercise of its rights and remedies under the terms of the Triumph Agreement through December 31, 2016, pursuant to the terms of the September 29, 2016 forbearance agreement. The Triumph Agreement requires a lockbox arrangement whereby all receipts are swept daily to reduce borrowings outstanding. The Company is obligated to reduce the loan balance by $85 each month. In connection with the agreement entered into on March 28, 2016, the Lender suspended this monthly payment requirement for February, March and April of 2016 up to an aggregate cap of $250, in exchange for the issuance of a warrant to purchase 50,000 shares of the Company’s common stock.
 
The Company used the Black Scholes option pricing model to determine the fair value of the stock warrant, using the following assumptions:
 
Contractual term
 
 
5.0 years
 
Volatility
 
 
122.44
%
Risk-free interest rate
 
 
1.00
%
Dividend yield
 
 
1.44
%
 
During the nine months ended September 30, 2016, the Company recorded bank fee expense related to this stock warrant of $15