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COMMITMENTS AND CONTINGENCIES
6 Months Ended
Jun. 30, 2020
COMMITMENTS AND CONTINGENCIES  
COMMITMENTS AND CONTINGENCIES

5.COMMITMENTS AND CONTINGENCIES

 

Operating Leases

 

On November 30, 2011, the Company entered into a commercial lease for 26,342 square feet of office, laboratory and manufacturing space in Cambridge, Massachusetts (as amended on September 17, 2012 and October 31, 2017, the “Cambridge Lease”). The term of the Cambridge Lease was 6 years and 3 months, with one 5year extension option. On August 21, 2017, the Company exercised its option for the 5-year extension on the Cambridge Lease. The 5-year renewal lease term was set to commence on November 1, 2018 and end on October 31, 2023. The terms of the Cambridge Lease initially required a standby letter of credit in the amount of $311 thousand.

 

On May 3, 2018, the Company assigned the Cambridge Lease to a third party who assumed all of the Company’s remaining rights and obligations under the Cambridge Lease. On the same date as the lease assignment, the Company entered into a sublease for 5,104 square feet of space, originally part of the Cambridge Lease, from the third party to which the Company assigned the Cambridge Lease (the “Current Cambridge Lease”). The Current Cambridge Lease commenced on May 3, 2018 and expires October 31, 2023 and contains rent holiday and rent escalation clauses. The Current Cambridge Lease does not contain any renewal options.

 

In connection with the assignment of the Cambridge Lease and the Current Cambridge Lease, the $311 thousand standby letter of credit was terminated, and a new standby letter of credit was established for $40 thousand. On November 1, 2018, the standby letter of credit was increased to $60 thousand.  

 

Under the Current Cambridge Lease, the Company will be required to pay its proportionate share of certain operating costs and property taxes applicable to the leased premises in excess of new base year amounts. These costs are considered to be variable lease payments and are not included in the determination of the lease’s right-of-use asset or lease liability. 

 

The Company identified and assessed the following significant assumptions in recognizing its right-of-use assets and corresponding lease liabilities:

 

·

As the Company’s Current Cambridge Lease does not provide an implicit rate, the Company estimated the incremental borrowing rate in calculating the present value of the lease payments. To calculate the present value of remaining lease payments, the Company elected to use an incremental borrowing rate based on the remaining lease term at transition.

·

Since the Company elected to account for each lease component and its associated non-lease components as a single combined component, all contract consideration was allocated to the combined lease component.

·

The expected lease terms include noncancelable lease periods.

 

The elements of lease expense are as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

Lease cost (In thousands)

Three Months Ended June 30, 2020

    

Three Months Ended June 30, 2019

 

Six Months Ended June 30, 2020

    

Six Months Ended June 30, 2019

Operating lease cost

$

91

 

$

91

 

$

182

 

$

182

Short-term lease cost

 

 5

 

 

 6

 

 

13

 

 

12

Variable lease cost

 

51

 

 

 —

 

 

76

 

 

 —

Total lease cost

$

147

 

$

97

 

$

271

 

$

194

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Other information (In thousands)

 

 

 

 

 

 

 

 

 

 

 

Cash paid for amounts included in the measurement of lease liabilities:

 

 

 

 

 

 

 

 

 

 

 

Operating cash flows from short term leases

$

 5

 

$

 6

 

$

13

 

$

12

Operating cash flows from operating leases

 

93

 

 

60

 

 

186

 

 

60

Total cash paid for leases

$

98

 

$

66

 

$

199

 

$

72

Right-of-use assets obtained in exchange for operating lease liabilities

$

 —

 

$

 —

 

$

 —

 

$

 —

Weighted-average remaining lease term - operating leases

 

3.3 Years

 

 

4.3 Years

 

 

3.3 Years

 

 

4.3 Years

Weighted-average discount rate - operating leases

 

7.0%

 

 

7.0%

 

 

7.0%

 

 

7.0%

 

Maturities of lease liabilities due under the Company’s Current Cambridge Lease as of June 30, 2020 is as follows:

 

 

 

 

 

Leases (In thousands)

As of June 30, 2020

    

2020 (excluding the 6 months ended June 30, 2020)

$

189

 

2021

 

386

 

2022

 

398

 

2023

 

339

 

Total lease payments

 

1,312

 

Less: imputed interest

 

(141)

 

Present value of lease liabilities

$

1,171

 

 

Right-of-use lease assets and lease liabilities are reported in the Company’s consolidated balance sheets as follows:

 

 

 

 

 

 

 

 

 

 

Leases (In thousands)

 

Classification

    

June 30, 2020

 

December 31, 2019

Assets

 

 

 

 

 

 

 

 

Lease asset, net

 

Operating

 

$

1,072

 

$

1,211

Total lease assets

 

 

 

$

1,072

 

$

1,211

 

 

 

 

 

 

 

 

 

Liabilities

 

 

 

 

 

 

 

 

Current

 

Operating

 

$

310

 

$

294

Non-Current

 

Operating

 

 

861

 

 

1,020

Total lease liabilities

 

 

 

$

1,171

 

$

1,314

 

Clinical Trial Commitments

 

The Company has engaged and executed contracts with a clinical research organization (“CRO”) consultant to assist with the administration of its ongoing INSPIRE 1.0 and INSPIRE 2.0 clinical trials. As of June 30, 2020, approximately $5.1 million remains to be paid on these contracts over the term of the clinical trials which are expected to be completed in November 2023. The costs may vary depending on actual pass-through expenses incurred to execute the trial. In the event the Company were to terminate the INSPIRE 2.0 trial, certain financial penalties would become payable to the CRO for costs to wind down the terminated trial.