Quarterly report pursuant to Section 13 or 15(d)

Commitments and Contingencies

v3.22.2.2
Commitments and Contingencies
9 Months Ended
Sep. 30, 2022
Commitments and Contingencies  
Commitments and Contingencies

Note 11 – Commitments and Contingencies

Indemnification

In accordance with its certificate of incorporation, bylaws and indemnification agreements, the Company has indemnification obligations to its officers and directors for certain events or occurrences, subject to certain limits, while they are serving at the Company’s request in such capacity. The Company has director and officer insurance to address such claims. The Company also provides indemnification of contractual counterparties in certain situations, including without limitation to clinical sites, service providers and licensors.

Leases

On June 14, 2022, the Company entered into a sublease agreement with The Paul Revere Life Insurance Company. Pursuant to the terms of the sublease lease agreement, the Company agreed to lease 26,503 square feet, located at 1 Mercantile Street, Worcester, MA (the “Facility”), through January 2030. The Company recorded a right of use asset and related operating lease liability of $2.2 million on the Unaudited Balance Sheet at the lease inception.

The Company also leases office space and copiers under agreements classified as operating leases that expire on various dates through 2026. The Company’s lease liabilities result from the lease of its Facility in Massachusetts, which expires in 2026, and its copiers, which expire in 2024. Such leases do not require any contingent rental payments, impose any financial restrictions, or contain any residual value guarantees. Certain of the Company’s leases include renewal options and escalation clauses; renewal options have not been included in the calculation of the lease liabilities and right of use assets as the Company is not reasonably certain to exercise the options. The Company does not act as a lessor or have any leases classified as financing leases. At September 30, 2022, the Company had operating lease liabilities of $4.0 million and right of use assets of $3.0 million, which were included in the Unaudited Balance Sheet. At December 31, 2021, the

Company had operating lease liabilities of $2.0 million and right of use assets of $1.1 million, which were included in the Unaudited Balance Sheet.

The following summarizes quantitative information about the Company’s operating leases:

    

For the Nine Months Ended

September 30, 

September 30, 

($ in thousands)

    

2022

    

2021

Lease cost

 

  

 

  

Operating lease cost

 

$

414

 

$

232

Variable lease cost

293

447

Total

 

$

707

 

$

679

    

For the Nine Months Ended

 

September 30, 

September 30, 

($ in thousands)

    

2022

 

    

2021

 

Operating cash flows from operating leases

 

$

362

 

$

260

Weighted-average remaining lease term – operating leases

6.3

5.6

Weighted-average discount rate – operating leases

9.1

%

9.0

%

Maturities of our operating leases, excluding short-term leases, are as follows:

($ in thousands)

    

Year ended December 31, 2022

$

151

Year ended December 31, 2023

529

Year ended December 31, 2024

 

614

Year ended December 31, 2025

 

1,139

Year ended December 31, 2026

 

1,076

Thereafter

2,044

Total

 

5,553

Less present value discount

(1,567)

Operating lease liabilities

$

3,986