Annual report pursuant to Section 13 and 15(d)

Commitments and Contingencies

v3.23.1
Commitments and Contingencies
12 Months Ended
Dec. 31, 2022
Commitments and Contingencies  
Commitments and Contingencies

Note 7 - Commitments and Contingencies

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 “Mercantile Street Facility”), through January 2030. The Company recorded a right of use asset and related operating lease liability of $2.2 million on the Balance Sheet at the lease inception.

On October 27, 2017, the Company entered into a lease agreement with WCS - 377 Plantation Street, Inc., a Massachusetts nonprofit corporation. Pursuant to the terms of the lease agreement, the Company agreed to lease 27,043 square feet from the landlord, located at 377 Plantation Street in Worcester, MA (the “Plantation Street Facility”), through November 2026, subject to additional extensions at the Company’s option. Base rent, net of abatements of $0.6 million over the lease term, totals approximately $3.6 million, on a triple-net basis.

The terms of the lease also require that the Company post an initial security deposit of $0.8 million, in the form of $0.5 million letter of credit and $0.3 million in cash, which increased to $1.3 million ($1.0 million letter of credit, $0.3 million in cash) on November 1, 2019. After the fifth lease year, the letter of credit obligation is subject to reduction.

The Plantation Street Facility began operations for the production of personalized CAR T and gene therapies in 2018.

The Company leases office space and copiers under agreements classified as operating leases that expire on various dates through 2030. The Company’s lease liabilities result from the lease of its facilities in Massachusetts, which expire in 2030 and 2026, for the Mercantile Street Facility and Plantation Street Facility, respectively, 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 December 31, 2022, the Company had operating lease liabilities of $3.9 million and right of use assets of $2.9 million, which were included in the 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 Balance Sheet.

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

    

For the Year Ended

December 31, 

December 31, 

($ in thousands)

    

2022

    

2021

Lease cost

 

  

 

  

Operating lease cost

 

$

565

 

$

315

Variable lease cost

488

599

Total

 

$

1,053

 

$

914

    

For the Year Ended

 

December 31, 

December 31, 

($ in thousands)

    

2022

 

    

2021

 

Operating cash flows from operating leases

 

$

485

 

$

484

Weighted-average remaining lease term – operating leases

5.9

4.8

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, 2023

$

529

Year ended December 31, 2024

614

Year ended December 31, 2025

 

1,139

Year ended December 31, 2026

 

1,076

Year ended December 31, 2027

 

650

Thereafter

1,381

Total

 

5,389

Less present value discount

(1,443)

Operating lease liabilities

$

3,946