Quarterly report pursuant to Section 13 or 15(d)

Commitments and Contingencies

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Commitments and Contingencies
3 Months Ended
Mar. 31, 2024
Commitments and Contingencies  
Commitments and Contingencies

Note 11 – Commitments and Contingencies

Indemnification

In accordance with its Certificate of Incorporation, amended and restated 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

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 Mercantile Center Facility, which expires in 2030, its Plantation Street Facility, 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 March 31, 2024, the Company had operating lease liabilities of $2.4 million and right of use assets of $1.5 million, which were included in the Unaudited

Balance Sheet. At December 31, 2023, the Company had operating lease liabilities of $2.5 million and right of use assets of $1.6 million, which were included in the Unaudited Balance Sheet.

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

    

For the Three Months Ended

    

March 31, 

March 31, 

($ in thousands)

    

2024

    

2023

    

Lease cost

 

  

 

  

Operating lease cost

 

$

52

 

$

197

Variable lease cost

15

224

Total

 

$

66

 

$

421

    

For the Three Months Ended

 

March 31, 

March 31, 

($ in thousands)

    

2024

 

    

2023

 

Operating cash flows from operating leases

 

$

156

 

$

132

Gain on lease modification

$

$

Weighted-average remaining lease term – operating leases

4.3

5.7

Weighted-average discount rate – operating leases

9.1

%

9.1

%

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

($ in thousands)

    

Year ended December 31, 2024

$

588

Year ended December 31, 2025

774

Year ended December 31, 2026

 

703

Year ended December 31, 2027

 

269

Year ended December 31, 2028

 

274

Thereafter

303

Total

 

2,910

Less present value discount

(514)

Operating lease liabilities

$

2,397