Quarterly report pursuant to Section 13 or 15(d)

Debt

v3.3.0.814
Debt
9 Months Ended
Sep. 30, 2015
DEBT  
DEBT

7. DEBT

Debt consisted of the following:

 

 

 

 

 

 

 

 

 

    

December 31,

    

September 30,

 

 

    

2014

    

2015

 

Term loan

 

$

7,500,000

 

$

6,476,202

 

Less: debt discount

 

 

(285,910)

 

 

(151,950)

 

Term Loan, net of debt discount

 

 

7,214,090

 

 

6,324,252

 

Less: current portion, net of debt discount

 

 

(1,905,879)

 

 

(3,128,785)

 

Long term debt, net of current portion and debt discount

 

$

5,308,211

 

$

3,195,467

 

Term Loan

In August 2014, the Company received a $7,500,000 secured term loan from a finance company. The loan is secured by a lien on all of the Company’s assets, excluding intellectual property, which was subject to a negative pledge. The loan contains certain additional nonfinancial covenants. In connection with the loan agreement, the Company’s cash and investment accounts are subject to account control agreements with the finance company that give the finance company the right to assume control of the accounts in the event of a loan default. Loan defaults are defined in the loan agreement and include, among others, the finance company’s determination that there is a material adverse change in the Company’s operations. Interest on the loan is at a rate of the greater of 7.95%, or 7.95% plus the prime rate as reported in The Wall Street Journal minus 3.25%. The current interest rate is 7.95%. The loan was interest‑only for nine months, and is repayable in equal monthly payments of principal and interest of $304,278 over 27 months which began in June 2015. Interest expense, which includes amortization of discount and the accrual of a termination fee, was approximately $640,000 for the nine months ended September 30, 2015 in the accompanying unaudited Statement of Operations.

In connection with the term loan, the Company issued a warrant to purchase 625,208 shares of Series B Convertible Preferred Stock at an exercise price of $0.2999 per share that is exercisable for a period ending five years following the Company’s IPO which is October 2020.  Upon the closing of the Company’s IPO, this warrant became a warrant to purchase 22,328 shares of Common Stock at an exercise price of $8.40, in accordance with its terms.  The Company’s warrant to purchase shares of Series B Convertible Preferred Stock represented a freestanding financial instrument that was indexed to an obligation of the Company to repurchase its Series B Convertible Preferred Stock by transferring assets and, therefore, met the criteria to be classified as a liability under FASB ASC 480, Distinguishing Liabilities from Equity. The Company records the warrant liability at its fair value using the Black‑Scholes option pricing model and revalues the warrant at each reporting date (see Note 3).