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Orthotec Settlement
12 Months Ended
Dec. 31, 2021
Commitments And Contingencies Disclosure [Abstract]  
Orthotec Settlement

8. Orthotec Settlement

On September 26, 2014, the Company entered into a Settlement and Release Agreement, dated August 13, 2014, by and among the Company and its direct subsidiaries, including Alphatec Spine, Inc., Alphatec Holdings International C.V., Scient'x S.A.S. and Surgiview S.A.S.; HealthpointCapital, LLC, HealthpointCapital Partners, L.P., HealthpointCapital Partners II, L.P., John H. Foster and Mortimer Berkowitz III; and Orthotec, LLC and Patrick Bertranou, (the “Settlement Agreement”). Pursuant to the Settlement Agreement, the Company agreed to pay Orthotec, LLC $49.0 million in cash, including initial cash payments totaling $1.75 million, which the Company previously paid in March 2014, and an additional lump sum payment of $15.75 million, which the Company previously paid in April 2014. The Company agreed to pay the remaining $31.5 million in 28 quarterly installments of $1.1 million and one additional quarterly installment of $0.7 million, commencing October 1, 2014. The unpaid amounts due accrue interest at the rate of 7.0% per year until paid in full. The accrued but unpaid interest will be paid in quarterly installments of $1.1 million (or the full amount of the accrued but unpaid interest if less than $1.1 million) following the full payment of the $31.5 million in quarterly installments.

 

The payments set forth above are guaranteed by Stipulated Judgments held against the Company, HealthpointCapital Partners, L.P., HealthpointCapital Partners II, L.P., HealthpointCapital, LLC, John H. Foster and Mortimer Berkowitz III and, in the event of a default, will be entered and enforced against these entities and/or individuals in that order. In September 2014, the Company and HealthpointCapital entered into an agreement for joint payment of settlement whereby HealthpointCapital has agreed to contribute $5.0 million to the $49.0 million settlement amount. In October 2020, HealthpointCapital made its first $1.0 million payment. During the year ended December 31, 2021 HealthpointCapital made an additional $4.0 million in payments. As of December 31, 2021, there were no amounts due from HealthpointCapital. See Note 12 for further information regarding HealthpointCapital.

As of December 31, 2021, the Company has made payments in the aggregate of $49.0 million, with a remaining outstanding balance of $8.5 million (including imputed interest). The Settlement Agreement provides for mutual releases of all claims in the Orthotec, LLC v. Surgiview, S.A.S, et al. matter in the Superior Court of California, Los Angeles County and all other related litigation matters involving the Company and its directors and affiliates.

A reconciliation of the total net settlement obligation is as follows (in thousands):

 

 

 

 

December 31, 2021

 

 

December 31, 2020

 

Litigation settlement obligation - short-term portion

 

 

$

4,400

 

 

$

4,000

 

Litigation settlement obligation - long-term portion

 

 

 

3,587

 

 

 

7,634

 

Total

 

 

 

7,987

 

 

 

11,634

 

Future imputed interest

 

 

 

478

 

 

 

1,199

 

Total settlement obligation, gross

 

 

 

8,465

 

 

 

12,833

 

Related party receivable - included in stockholders' equity

 

 

 

 

 

 

(4,000

)

Total settlement obligation, net

 

 

$

8,465

 

 

$

8,833