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Commitments and Contingencies
9 Months Ended
Sep. 30, 2020
Commitments And Contingencies Disclosure [Abstract]  
Commitments and Contingencies

5. Commitments and Contingencies

Operating leases

The Company determines if an arrangement contains a lease at inception. The Company leases facilities under non-cancellable lease agreements expiring through fiscal year 2022. The Company’s agreements do not include variable lease payments or any restrictions or covenants imposed by the leases. As the rate implicit in each lease agreement is not readily determinable, the Company’s incremental borrowing rate was used as the discount rate. The Company’s right-of-use assets and lease liabilities have been adjusted for initial direct costs and prepaid rent but do not reflect any options to extend or terminate its lease agreements, any residual value guarantees, or any leases that have yet to be commenced.

As of September 30, 2020 and December 31, 2019, the right-of-use assets and lease liabilities related to operating leases were as follows (in thousands):

 

 

 

September 30,

 

 

December 31,

 

 

 

2020

 

 

2019

 

Right-of-use assets

 

$

1,131

 

 

$

1,058

 

 

 

 

 

 

 

 

 

 

Lease liabilities - Current

 

$

704

 

 

$

549

 

Lease liabilities - Non-Current

 

 

449

 

 

 

518

 

Total lease liabilities

 

$

1,153

 

 

$

1,067

 

 

Rent expense under operating leases was $0.2 million and $0.2 million for the three months ended September 30, 2020 and 2019, respectively. Rent expense under operating leases was $0.6 million and $0.5 million for nine months ended September 30, 2020 and 2019, respectively.

 

The rent expense recognized from short-term leases were $6,000 and $6,000 for the three months ended September 30, 2020 and 2019, respectively. The rent expense recognized from short-term leases were $18,000 and $18,000 for nine months ended September 30, 2020 and 2019, respectively.

 

The following tables summarize the Company’s lease costs and weighted-average assumptions used in determining its right-of-use assets and lease liabilities (in thousands):

 

 

 

Nine Months Ended

 

 

Nine Months Ended

 

 

 

September 30, 2020

 

 

September 30, 2019

 

Operating lease cost (1)

 

$

549

 

 

$

501

 

Cash paid for operating leases (2)

 

$

542

 

 

$

508

 

Right-of-use assets obtained in exchange for operating lease liabilities (3)

 

$

585

 

 

$

839

 

Weighted average remaining term for operating leases

 

1.64 years

 

 

0.66 years

 

Weighted average discount rate for operating leases

 

 

6.0

%

 

 

6.0

%

 

 

(1)

Operating lease cost for the three months ended September 30, 2020 and 2019 were $0.2 million and $0.2 million, respectively.

 

(2)

Cash paid for operating leases for the three months ended September 30, 2020 and 2019 were $0.2 million and $0.2 million, respectively.

 

(3)

During the nine months ended September 30, 2020, the Company modified 4 existing operating leases. One of the lease modifications was treated as a separate contract as an additional right-of-use asset was granted. During the nine months ended September 30, 2019, there were no new leases that commenced. The balance represents the right-of-use assets recognized upon adoption of ASC 842.

 

As of September 30, 2020, the aggregate future minimum lease payments under operating leases consist of the following (in thousands):

 

Year Ending December 31,

 

Amount

 

2020 (remaining three months)

 

$

197

 

2021

 

 

740

 

2022

 

 

266

 

Total

 

 

1,203

 

Less effects of discounting

 

 

(50

)

Lease liabilities recognized

 

$

1,153

 

 

Purchase Commitments

As of September 30, 2020, the Company had purchase commitments with its third-party suppliers through fiscal year 2022. Future minimum payments under purchase commitments are $0.1 million for the remaining three months ending December 31, 2020, and $0.2 million and $49,000 for the year ending December 31, 2021 and 2022, respectively.

Litigation

Although the Company is not currently subject to any litigation, and no litigation is currently threatened against it, the Company may be subject to legal proceedings, claims and litigation, including intellectual property litigation, arising in the ordinary course of business. Such matters are subject to many uncertainties and outcomes and are not predictable with assurance. The Company accrues amounts that it believes are adequate to address any liabilities related to legal proceedings and other loss contingencies that the Company believes will result in a probable loss that is reasonably estimable.

Indemnification

During the normal course of business, the Company may make certain indemnities, commitments and guarantees which may include intellectual property indemnities to certain of its customers in connection with the sales of the Company’s products and indemnities for liabilities associated with the infringement of other parties’ technology based upon the Company’s products. The Company’s exposure under these indemnification provisions is generally limited to the total amount paid by a customer under the agreement. However, certain agreements include indemnification provisions that could potentially expose us to losses in excess of the amount received under the agreement. In addition, the Company indemnifies its officers, directors and certain key employees while they are serving in good faith in such capacities.

The Company has not recorded any liability for these indemnities, commitments and guarantees in the accompanying condensed consolidated balance sheets. Where necessary, the Company accrues for losses for any known contingent liabilities, including those that may arise from indemnification provisions, when future payment is probable.