v2.4.0.8
3. Interest, Advances and Promissory Notes Payable
3 Months Ended
Jun. 30, 2013
Interest Advancesand Promissory Notes Payable [Abstract]  
Interest Advancesand Promissory Notes Payable
3.    Interest, Advances and Promissory Notes Payable

On September 4, 2009, the Company received a Notice of Credit Judgment from the Superior Court of the State of North Carolina, whereby the Company was ordered to pay two creditors holding promissory notes payable (the “plaintiffs”) an aggregate amount of $1,988,000 for principal, interest and legal fees incurred. Subsequent to the verdict, the Company, two directors, a relative of a director (the “Purchaser”) and the plaintiffs entered into a settlement agreement (the “Settlement Agreement”) whereby a relative of a director acquired $1,313,000 of debts from the plaintiffs in a private transaction. The remaining $675,000 due to the plaintiffs was exchanged for common shares of the Company as part of a separate debt for shares settlement. As part of the Settlement Agreement, a second director, not related to the Purchaser, assigned unsecured advances payable of the Company with no stated terms of interest, totalling $425,000, to the plaintiffs. As part of the Settlement Agreement, the Company agreed to the following repayment terms:

-      $300,000 repayable at a rate of $25,000 per month (note 6); and

-      $125,000 repayable in whole by January 15, 2011 (unpaid)

a)    Interest payable

A summary of the interest payable activity is as follows:

Balance, December 31, 2011
$
1,930,695 
 
Interest incurred on promissory notes payable
 
505,571 
 
Repayment of interest payable through line of credit
 
(6,500)
 
Repayment of interest payable through exercise of options
 
(860,244)
 
Other
 
(201)
Balance, December 31, 2012
 
1,569,321
Interest incurred on promissory notes payable
 
252,910
Balance, June 30, 2013 (unaudited)
$
1,822,231

Interest payable is to the following:

   
June 30,
2013
 
December 31,
2012
   
(unaudited)
   
 
Relatives of directors
$
739,810
$
586,697
 
Non-related parties
 
1,082,421
 
982,624
 
$
1,822,231
$
1,569,321

Historically, all interest payable incurred is from interest incurred at the stated rate of promissory notes issued by the Company. The payment terms, security and any interest payable are based on the underlying promissory notes payable that the Company has outstanding (note 3 c).

b)    Advances payable

A summary of the advances payable activity is as follows:

Balance, December 31, 2011
$
100,527
Advances accrued
 
60,000
Advances repaid from proceeds of line of credit
 
(54,914)
Balance, December 31, 2012
 
105,613
Advances accrued
 
30,000
Advances repaid from proceeds of line of credit
 
(20,000)
Balance, June 30, 2013 (unaudited)
$
115,613

Advances payable are to the following:

   
June 30,
2013
 
December 31,
2012
   
(unaudited)
   
Advances payable to:
       
 
Company controlled by former Director
$
65,524
$
65,524
 
Former Director
 
50,089
 
40,089
 
$
115,613
$
105,613

Advances payable are unsecured, bear no interest and are due on demand.

c)    Promissory notes payable:

A summary of the promissory notes payable activity is as follows:

On December 14, 2010, a creditor demanded repayment of a promissory note of $200,000 and accumulated interest of approximately $365,000. To date, this amount has not been repaid.
On October 27, 2010, the Company had a default judgment ruled against them which results in being held legally liable for an additional $11,000 of costs. The Company has accrued the liability relating to this judgment as of June 30, 2013.

Promissory notes payable are to the following:

Relatives of Directors
 
June 30,
2013
(unaudited)
 
December 31, 2012
 
         
Promissory notes payable to relatives of directors collateralized
by a general security agreement on all the assets of the Company,
due on demand:
       
             
 
i.
Interest at 1% per month
$
845,619
$
845,619
             
 
ii.
Interest at 1.25% per month
 
51,347
 
51,347
             
 
iii.
Interest at the U.S. bank prime rate plus 1%
 
500,000
 
500,000
         
Promissory notes payable, unsecured, to relatives of a director,
bearing interest at 1% per month, due on demand
 
1,465,000
 
1,465,000
 
$
2,861,966
$
2,861,966

Unrelated Lenders
 
June 30,
2013
(unaudited)
 
December 31,
2012
 
         
Unsecured promissory notes payable to unrelated lenders:
       
 
           
 
i.
Interest at 1% per month, repayable on March 31, 2009,
due on demand
$
450,000
$
450,000
 
           
 
ii.
Interest at 1% per month, with $50,000 repayable on December 31,
2004, $75,000 repayable on August 18, 2007, $75,000 repayable
on November 19, 2007 and the balance due on demand. All are due
on demand, accruing interest at the same rate.
 
887,455
 
887,455
 
           
 
iii.
Interest at 0.625% per month, with  $50,000 repayable on October
5, 2004,  $40,000 repayable on December 31, 2004, and $60,000
repayable on July 28, 2006, all due on demand
 
150,000
 
150,000
             
 
iv.
Non-interest-bearing, repayable on July 17, 2005, due on demand
 
270,912
 
270,912
             
 
v.
Non-interest-bearing loan repayable at $25,000 per month
beginning October 2009, none repaid to date
 
310,986
 
310,986
             
 
vi.
Non-interest-bearing loan, due January 15, 2012
 
125,000
 
125,000
           
Promissory notes payable, secured by a guarantee from a director and
relative of a director, bearing interest at 1% per month, with $200,000
repayable on July 31, 2003, all due on demand
 
230,000
 
230,000
 
$
2,424,353
$
2,424,353

d)    Interest expense

During the six months ended June 30, 2013, the Company incurred interest expense of $607,880 (2012: $3,131,674) primarily as follows:

-
$252,785 (2012: $252,785) incurred on promissory notes payables as shown in note 3(c);
-
$265,777 (2012: $178,033) incurred on lines of credit payable
-
$87,904 (2012: $83,163) incurred from the calculation of imputed interest on accounts payable outstanding for longer than one year, advances payable and promissory notes payable, which had no stated interest rate;
-
$Nil (2012: $2,616,602) incurred in connection with stock options granted to creditors providing the lines of credit to the Company