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Note 11 - Subsequent Events
3 Months Ended
Mar. 31, 2022
Notes to Financial Statements  
Subsequent Events [Text Block]

Note 11 – Subsequent Events:

 

The Company evaluates events that have occurred after the balance sheet date but before the financial statements are issued for recognition or disclosures.

 

With the Company's continuing expansion of its manufacturing capacity, the Company's borrowings under the Credit Facility increased by an additional $27,000 as of April 23, 2022 for aggregate debt outstanding of $78,000. On April 29, 2022, the Company entered into an amendment of the Sixth Amendment, by and among the Company, as borrower, City National Bank, as the arranger and administrative agent, and the lenders party thereto (the "Amendment"). The Amendment did not change the capacity of the $350,000 Credit Facility, encompassing a $300,000 Delayed Draw Term Loan Facility and the $50,000 Revolving Loan Facility. The Amendment, among other things, (i) made mechanical amendments to allow for the Company's projected Capital Expenditures (as defined in the Amendment) without either triggering mandatory prepayment obligations or violating the Capital Expenditure covenant and (ii) replaced the LIBOR interest rate for U.S. dollar loans to a term Secured Overnight Financing Rate (or "Term SOFR", as defined in the Amendment).

 

On April 8, 2022, Phillips Feed Service, Inc., d/b/a Phillips Feed And Pet Supply ("Phillips") filed a complaint against the Company in U.S. District Court for the Eastern District of Pennsylvania (Allentown Division) for damages allegedly sustained as a result of the termination of the Company's distribution arrangement with Phillips, a former distributor of Freshpet products. Phillips asserts a claim for breach of contract, and seeks monetary damages in excess of $8,300 based on a claimed "termination payment" under a 2018 "Letter Of Intent" and additional damages based on a claim for improper notice of termination. Phillips also claims a right of setoff with respect to monies owed by Phillips to the Company. The Company was recently served with Phillips' complaint but has not yet filed its answer and counterclaims. Management does not believe that the outcome of the litigation will have a material adverse effect on the Company's financial condition, results of operations or cash flows. 

 

On April 27, 2022, the Company entered into a lease agreement with the intended use as a manufacturing innovation facility in Bethlehem, Pennsylvania near the Company's current Freshpet Kitchens. The lease has an initial term of approximately twenty years and is expected to commence in May 2023. The base rent under the lease agreement is approximately $900 per year for the first year, escalating 3.5% annually thereafter over the term.