Commitments and Contingencies

9 Months Ended

Sep. 30, 2018

Commitments and Contingencies Disclosure [Abstract]

Commitments and Contingencies

Note 14 - Commitments and Contingencies

Legal Proceedings

The Company may be subject to legal proceedings and claims arising from contracts or other matters from time to time in the ordinary course of business. Management is not aware of any pending or threatened litigation where the ultimate disposition or resolution could have a material adverse effect on its financial position, results of operations or liquidity.

On February 20, 2018, New Enterprises, Ltd. (“New Enterprises”), filed suit in the U.S. District Court for the District of Arizona against the Company and Roth Capital Partners, LLC. The suit alleges nine counts against the Company, including that the Company engaged in common law fraud and securities fraud to induce the chairman of New Enterprises into investing in the Company; that the Company breached the lock-up agreement and tortiously interfered with prospective business advantage. New Enterprises is seeking monetary damages, including compensatory damages, punitive damages, and attorney’s fees. New Enterprises has also named Roth Capital Partners, LLC.as a co-defendant. Pursuant to our underwriting agreement with Roth Capital Partners, LLC., the Company may be required to indemnify Roth Capital Partners, LLC. for liabilities arising out of our initial public offering. The Company believes there is no basis to any of the claims, and intends to vigorously defend itself, including seeking appropriate counterclaims.

Lease Commitments

Rent expense was $183 and $246 for the nine months ended September 30, 2018 and September 30, 2017, respectively. The future minimum lease payments under non-cancellable operating lease and future minimum capital lease payments as of September 30, 2018 are as follows:

	Capital Leases		Operating Lease
Years Ending December 31,
2018		26		61
2019		99		221
2020		78		—
2021		63		—
2022		33		—
2023		3		—
Total minimum lease payments	$	302	$	282

	Capital Leases
Less: amounts representing interest (6.39%, ranging from 10.48% to 11.56%)	$	50
Present value of minimum lease payments		246
Less: current installments under capital lease obligations		77
Total long-term portion	$	169