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SUBSEQUENT EVENTS
9 Months Ended
Sep. 30, 2015
Subsequent Events [Abstract]  
SUBSEQUENT EVENTS

Amendment to Credit Agreement

 

On October 30, 2015, the Company entered into an amendment to the Calm Waters credit agreement discussed in Note 7(a) pursuant to which Calm Waters made an additional term loan to the Company of $18,000 (the “October Term Loan”). The October Term Loan matures in April 2018 and bears interest at the rate of 12.0% per annum. For the period from October 2016 through March 2018, the Company is required to make monthly principal payments of $309 under the October Term Loan.

 

As additional consideration to induce the lender to enter into the October Term Loan, the Company issued a warrant to purchase 40,000,000 shares of the Company’s common stock, which are exercisable for a period of seven years from the original issue date, and have an exercise price of $0.45 per share. Consistent with the April Term Loans and the June Term Loan, the Company entered into a registration rights agreement in connection with the warrants issued in connection with the October Term Loan.

 

The $18,000 of October Term Loan proceeds was used for (i) repayment of convertible debt (including accrued interest and prepayment penalties) for $5,272, (ii) repayment of all amounts outstanding under the ExWorks Revolving Loan Agreement for $4,538, (iii) settlement of delinquent trade payables and costs of the financing for $4,074, (iv) repayment of $500 on the VIP Promissory Notes, and (v) the remaining $3,616 is available for working capital and other general corporate purposes.

 

Upon completion of the October Term Loan financing, the Company made payments to certain creditors that agreed to accept discounts from the contractual amounts owed. During the fourth quarter of 2015, the Company expects to recognize a gain from negotiated debt settlements between $2,000 and $2,300.

 

Debt Conversions

 

In October 2015, two holders of convertible debt elected to convert an aggregate of $161 in principal and accrued interest into 836,320 shares of the Company’s common stock.