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Commitments and Contingencies
3 Months Ended
Mar. 31, 2016
Notes to Financial Statements  
Commitments and Contingencies

NOTE 11 — Commitments and Contingencies

 

Operating Lease

The Company leases office space under a non-cancelable operating lease that provides the Company approximately 37,100 square feet in Newark, California. The lease agreement expires on June 30, 2022. Monthly base rent increases four percent per year annually on July 1st of each year. Rental expense was $108,538 and $107,098 for the three periods ended March 31, 2016 and 2015, respectively. The Company recorded a deferred rent obligation in accrued liabilities in the amount of $286,020 and $283,053 at March 31, 2016 and December 31, 2015, respectively.

 

Future minimum lease payments under the operating lease at March 31, 2016 are shown below:

 

Annual minimum payments:  Amount
2016 (April 1, 2016 to December 31, 2016)   $308,744 
2017   425,345 
2018   442,359 
2019   460,053 
2020 to 2022   1,229,724 
     Total minimum payments   $2,866,225

 

  

Capital Lease Obligations

The Company leases certain of its equipment under capital leases. The leases are collateralized by the underlying assets. At March 31, 2016 and December 31, 2015, property and equipment with a cost of $124,427 were subject to such financing arrangements. Related accumulated amortization at March 31, 2016 and December 31, 2015, amounted to $9,836 and $28,795, respectively.

 

Future minimum payments under capital lease and equipment financing arrangements as of March 31, 2016 are as follows:

 

Annual minimum payments:  Amount
2016 (April 1, 2016 to December 31, 2016)   $15,724 
2017   13,146 
2018   9,859 
     Total minimum payments    38,729 
Less amount representing interest    (2,162)
     Present value of net minimum payments    36,567 
Short term portion of capital leases    (17,626)
Long term portion of capital leases   $18,941

 

Purchase Commitments

As of March 31, 2016, the Company has non-cancelable purchase commitments for inventory to be used in the ordinary course of business of approximately $2,374,000.  

 

Legal Matters

The Company is subject to disputes, claims, requests for indemnification and lawsuits arising in the ordinary course of business. Under the indemnification provisions of the Company’s customer agreements, the Company routinely agrees to indemnify and defend its customers against infringement of any patent, trademark, copyright, trade secrets, or other intellectual property rights arising from customers’ legal use of the Company’s products or services. The exposure to the Company under these indemnification provisions is generally limited to the total amount paid for the indemnified products. However, certain indemnification provisions potentially expose the Company to losses in excess of the aggregate amount received from the customer. To date, there have been no claims against the Company by its customers pertaining to such indemnification provisions, and no amounts have been recorded. The Company is currently not a party to any material legal proceedings.

 

Recently Issued Financial Accounting Standards

 

From time to time, new accounting pronouncements are issued by the FASB or other standards setting bodies that are adopted by the Company as of the specified effective date. Unless otherwise discussed, management believes that the impact of recently issued standards that are not yet effective will not have a material impact on the Company’s financial position, results of operations or cash flows upon adoption.