XML 41 R23.htm IDEA: XBRL DOCUMENT v3.19.1
Note 16 - Commitments and Contingencies
12 Months Ended
Dec. 31, 2018
Notes to Financial Statements  
Commitments and Contingencies Disclosure [Text Block]
16.
Commitments and contingencies
 
Operating leases 
 
At
December 31, 2018,
the Company leases facilities under
seven
non-cancelable operating leases, with terms that expire between
2019
and
2033.
The Company leases office, storage/warehouse, laboratory and manufacturing space in Abingdon, U.K., which leases are due to expire at various dates from
June 11, 2019
to
June 18, 2033.
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 connection with the sale of our U.S. Laboratory Services Business to Quest, we entered into a sublease with Quest for approximately
9,000
square feet of warehousing and office space in Norwood, Massachusetts. The sublease expires in
November 2020.
The base rent for the space subject to sublease is approximately
$17,000
per month.
 
In
June 2018,
the Company entered into a lease for new space in Abingdon, England, which extends through
June 2033
that will allow it to combine its manufacturing, laboratory, storage and office operations into a single facility. The base rent on the facility over the lease term will range from
$39,000
per month to
$79,000
per month. Select functional groups began moving into the facility during the
third
quarter of
2018.
 
Future minimum lease payments required under the non-cancelable operating leases in effect as of
December 31, 2018
are as follows:
 
(in thousands)
 
December 31,
2018
 
2019
  $
2,024
 
2020
   
1,848
 
2021
   
972
 
2022
   
855
 
2023
   
855
 
Thereafter
   
7,558
 
Total minimum lease payments
  $
14,112
 
 
Rent expense is calculated on a straight-line basis over the term of the lease. Rent expense recognized under operating leases totaled
$2.3
million,
$1.6
million and
$1.1
million for the years ended
December 
31,
2018,
2017
and
2016,
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
14.
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,
2018
are as follows:
 
(in thousands)
 
License
agreements
   
Supplier
purchase
obligations
   
Total
 
2019
  $
262
    $
8,723
    $
8,985
 
2020
   
134
     
     
134
 
2021
   
59
     
     
59
 
2022
   
59
     
     
59
 
2023
   
59
     
     
59
 
Thereafter
   
695
     
     
695
 
Total minimum payments
  $
1,268
    $
8,723
    $
9,991
 
 
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.