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OTHER CURRENT LIABILITIES
9 Months Ended
Sep. 30, 2018
OTHER CURRENT LIABILITIES [Abstract]  
OTHER CURRENT LIABILITIES

5.         OTHER CURRENT LIABILITIES.



Other current liabilities are as follows:





 

 

 

 

 

 

(dollars in thousands)

 

September 30, 2018

 

December 31, 2017

Obligation to issue common shares

 

$

 -

 

$

1,897 

Liability related to equity purchase agreement

 

 

460 

 

 

 -

Liability for settlement of equity instrument

 

 

1,450 

 

 

1,085 



 

$

1,910 

 

$

2,982 



As of December 31, 2017, the Company had recorded a liability related to its obligation to issue shares of its common stock in the future.  On February 12, 2018, the Company issued 1,814,754 Settlement Common Shares with a fair value of approximately $1.9 million.

On February 20, 2018, Crede Capital Group LLC (“Crede”) filed a lawsuit against the Company in the Supreme Court of the State of New York for Summary Judgment in Lieu of Complaint requiring the Company to pay cash owed to Crede. Crede claimed that Precipio had breached a Securities Purchase Agreement and Warrant that Crede entered into in connection with an investment in Transgenomic and that pursuant to those agreements, Precipio owed Crede approximately $2.2 million. On March 12, 2018, Precipio entered into a settlement agreement (the “Crede Agreement”) with Crede pursuant to which Precipio agreed to pay Crede a total sum of $1.925 million over a period of 16 months payable in cash, or at the Company’s discretion, in stock, in accordance with terms contained in the Crede Agreement. In accordance with the terms of the agreement and in addition to the agreement to pay, we have also executed and delivered to Crede an affidavit of confession of judgment. As of December 31, 2017, the Company had recorded liabilities relating to Crede of $1.1 million included in other current liabilities on the accompanying condensed consolidated balance sheets and $0.6 million included in common stock warrant liability on the accompanying condensed consolidated balance sheets related to warrants classified as liabilities that Crede is the holder of.

As of the date of the Crede Agreement, the fair value of the common stock warrant liability related to Crede was revalued to approximately $0.4 million, resulting in a gain of $0.2 million included in warrant revaluation in the unaudited condensed consolidated statement of operations during the nine months ended September 30, 2018. See Note 9 – Fair Value for further discussion. At the time of the Crede Agreement, the Company recorded $1.5 million in other current liabilities and $0.4 million in other long-term liabilities, thus replacing its $1.1 million liability for settlement of equity instrument and $0.4 million common stock warrant liability. This resulted in the Company recording an additional loss of $0.4 million, which is included in loss on settlement of equity instruments in the unaudited condensed consolidated statement of operations. During the nine months ended September 30, 2018, the Company paid approximately $0.5 million to Crede.  The remaining amount due to Crede will be paid per the Crede Agreement payment schedule with the final installment due in May 2019.  

As of September 30, 2018, the Company had recorded a liability of approximately $0.5 million related to an equity purchase agreement.  The Company is currently in negotiations with the investor with regards to this liability. See Note 8 Stockholders’ Equity for further discussion.