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Note 15 - Commitments and Contingencies
12 Months Ended
Dec. 31, 2016
Notes to Financial Statements  
Commitments and Contingencies Disclosure [Text Block]
15
. Commitments and contingencies
 
Operating leases
 
At
December
31,
2016,
the Company leases facilities under
six
non-cancelable operating leases, with terms that expire between
2017
and
2021.
The Company leases office, storage/warehouse, laboratory and manufacturing space in Abingdon, U.K., which leases are due to expire on
January
31,
2025
(with respect to the storage/warehouse facility) and
June
 
11,
2019.
On
March
 
1,
2013,
the Company signed a
five
year lease for its U.S. corporate headquarters in Marlborough, Massachusetts. In
August
2015,
the Company entered into a lease amendment for this location to extend the term of the lease by
two
years through
October
31,
2020.
In addition, the lease amendment expanded the Company’s office space at this location by
7,600
square feet to a new total of
22,100
square feet. The base rent for the combined space over the lease term will range from an initial low of
$36,000
per month, which includes
$12,000
per month for the expansion space commencing in early
2016,
to a high of
$39,000
per month. The Company will have an option to extend the lease for
one
additional term of
five
years. In addition, the Company leases laboratory space in Memphis, Tennessee, which lease is due to expire on
December
31,
2021.
The Company has an option to extend the lease for
two
additional terms of
five
years each. The
two
laboratory facilities acquired in
2016
are located in Norwood and Boston, Massachusetts. The Company currently leases approximately
22,000
square feet of space in Norwood and approximately
18,000
square feet in Boston. The Norwood lease expires in
2021,
while the Boston lease expires in
2018.
The Company’s current rent under the Norwood lease is
$412,000
annually, subject to annual increases. The Company’s current rent under the Boston lease is
$263,000
annually.
 
Future minimum lease payments required under the non-cancelable operating leases in effect as of
December
31,
2016
are as follows:
 
(in thousands)
 
December 31,
201
6
 
2017
  $
1,945
 
2018
   
1,852
 
2019
   
1,406
 
2020
   
1,126
 
2021
   
659
 
Thereafter
   
192
 
Total minimum lease payments
  $
7,180
 
 
Rent expense is calculated on a straight-line basis over the term of the lease. Rent expense recognized under operating leases totaled
$1.4
million,
$0.9
million and
$0.7
million for the years ended
December
 
31,
2016,
2015
and
2014,
respectively.
 
Purchase commitments
 
 
The Company has license agreements with
third
parties that provide for minimum royalty, license, and exclusivity payments to be paid by the Company for access to certain technologies. In addition, the Company pays royalties as a percent of revenue as described in Note
13,
“Intellectual property—license agreements” to these consolidated financial statements. In addition, the Company has outstanding purchase obligations to its suppliers.
 
Future minimum payments required under license agreements and supplier purchase obligations in effect as of
December
 
31,
2016
are as follows:
 
(in thousands)
 
License
agreements
 
 
Supplier purchase
obligations
 
 
Total
 
2017
  $
1,518
    $
4,189
    $
5,707
 
2018
   
1,512
     
447
     
1,959
 
2019
   
1,506
     
     
1,506
 
2020
   
25
     
     
25
 
2021
   
     
     
 
Thereafter
   
     
     
 
Total minimum payments
  $
4,561
    $
4,636
    $
9,197
 
 
Legal contingencies
 
The Company is subject to claims and assessments from time to time in the ordinary course of business. The Company does not believe that any such matters, individually or in the aggregate, will have a material adverse effect on the Company’s business, financial condition, results of operations or cash flows.
 
Indemnification
 
 
In the normal course of business, the Company enters into contracts and agreements that contain a variety of representations and warranties and provide for general indemnification. The Company’s exposure under these agreements is unknown because it involves claims that
may
be made against the Company in the future, but that have not yet been made. To date, the Company has not paid any claims or been required to defend any action related to its indemnification obligations. However, the Company
may
record charges in the future as a result of these indemnification obligations.
 
In accordance with its articles of association, 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. There have been no claims to date, and the Company has director and officer insurance that
may
enable it to recover a portion of any amounts paid for future potential claims.