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Loans and Borrowings
6 Months Ended
Jun. 30, 2022
Borrowing costs [abstract]  
Loans and Borrowings
Note 12 Loans and Borrowings
Note 12.1 Breakdown of Convertible Loan

On October 16, 2017, the Company issued 6,081,081 OCEANEs at par with a nominal unit value of €29.60 per bond for an aggregate nominal amount of €180 million. This debt was renegotiated in January 2021, and share conversions were executed during the period. No OCEANE has been converted during the first half of 2022.

At origin (10/16/2017) :
Number of bonds6,081,081
Nominal amount of the loan179,999,997.60€
Nominal unit value of the bonds29.60€
Conversion / exchange premium30%
To GENFIT's reference share price :
22.77€
Annual nominal interest rate3.5%
Payable semi-annually in arrears
Annual nominal interest rate7.2%
Offering10/16/2017
At par
Redemption10/16/2022
Redemption prior to maturity at the option of the Company from
11/6/2020
if the arithmetic volume-weighted average price of
GENFIT's listed share price and the then prevailing conversion ratio over a
20
trading period exceeds
150%
of the nominal value of the OCEANEs.
After OCEANEs buyback :
Number of bonds3,185,821
Nominal amount of the loan94,300,301.60€
Nominal unit value of the bonds29.60€
Effective interest rate8.8%
As of 06/30/2022 :
Number of bonds1,923,662
Nominal amount of the loan56,940,395.20€
Nominal unit value of the bonds29.60€
Effective interest rate8.8%
See Note 12.1 "Breakdown of convertible loan" in the Notes to the Consolidated Financial Statements in the Company's 2021 20-F filing for a detailed description of the OCEANEs repurchase and amendment of terms, the accounting impacts of the debt renegotiation, and conversions into shares executed in 2021 following this renegotiation.
Convertible loans - TotalAs of
(in € thousands)2021/12/312022/06/30
Convertible loans48,097 49,175 
TOTAL48,09749,175
Convertible loans - CurrentAs of
(in € thousands)2021/12/312022/06/30
Convertible loans415 415 
TOTAL415415

Convertible loans - Non currentAs of
(in € thousands)2021/12/312022/06/30
Convertible loans47,682 48,760 
TOTAL47,68248,760
Note 12.2 Breakdown of Other Loans and Borrowings

Other loans and borrowings consisted of the following:
Other loans and borrowings - TotalAs of
(in € thousands)2021/12/312022/06/30
Refundable and conditional advances3,229 3,229 
Bank loans15,824 15,514 
Obligations under leases7,069 6,793 
Accrued interests16 33 
Bank overdrafts— — 
TOTAL26,13825,569

Other loans and borrowings - CurrentAs of
(in € thousands)2021/12/312022/06/30
Refundable and conditional advances— — 
Bank loans667 782 
Obligations under leases1,089 1,015 
Accrued interests16 33 
Other financial loans and borrowings— — 
TOTAL1,773 1,830 

Other loans and borrowings - Non currentAs of
(in € thousands)2021/12/312022/06/30
Refundable and conditional advances3,229 3,229 
Bank loans15,156 14,732 
Obligations under leases5,980 5,778 
Accrued interests— — 
Bank overdrafts— — 
TOTAL24,365 23,739 
Note 12.2.1 Refundable and conditional advances

The following table summarizes advances outstanding at December 31, 2022, and 2021.
Refundable and conditional advances—general overviewGrant dateTotal amount allocatedReceiptsRepaymentsEffects of discountingNet book value As of 2022/06/30
(in € thousands)
BPI FRANCE - IT-DIAB2008/12/233,229 3,229 — — 3,229 
Development of a global strategy for the prevention and management of type 2 diabetes
TOTAL3,229 3,229   3,229 

Refundable and conditional advances—general overviewGrant dateTotal amount allocatedReceiptsRepaymentsEffects of discountingNet book value As of 2021/12/31
(in € thousands)
BPI FRANCE - IT-DIAB2008/12/233,229 3,229 — — 3,229 
Development of a global strategy for the prevention and management of type 2 diabetes
TOTAL3,229 3,229   3,229 

BPI FRANCE IT-DIAB
On December 23, 2008, the Group received an advance from BPI France (the BPI France IT-DIAB) as part of a framework innovation aid agreement involving several scientific partners and for which the Group was the lead partner. The contribution expected at each stage by each of the partners in respect of work carried out and results achieved is defined in the framework agreement. With respect to the Group, the aid consisted of a €3,229 conditional advance and a €3,947 non-repayable government grant.
The conditional advance is not refundable except in the event of success. The program ended on December 31, 2014. In the event of success, defined as the commercial spin-offs of the IT-Diab program which involves products for the treatment or diagnosis of type 2 diabetes, in that case, the financial returns generated will be used initially to repay the €3,229 conditional advance and the agreement stipulates that the conditional advance will be regarded as repaid in full when the total payments made in this regards by the recipient, discounted at the rate of 5.19%, equal the total amount, discounted at the same rate, of the aid paid. Any further amounts will be classified as additional payments, up to a maximum amount of €14,800.
As provided in the project assistance contract, we sent a letter to BPI in December 2019 in order to notify it of our Labcorp and Terns contracts while indicating that elafibranor was now aimed at treating hepatic diseases and no longer type 2 diabetes as provided for in the aid agreement. We proposed to BPI to establish a statement of abandonment of the IT DIAB project on which the above advance is based. Following this letter, the parties met in March 2020 for the presentation of our arguments, and in June 2020 following the publication of the results of the RESOLVE-IT study, and a new letter was sent in November 2020. In this context, we are awaiting a proposal from BPI on new financial terms related to this situation and a draft amendment to the repayable advance agreement. Until we receive a response from BPI France, we consider that the fair value of this liability corresponds to the amount paid by BPI FRANCE.

Note 12.2.2 Bank loans
As a reminder, in the context of the COVID-19 pandemic, the Company secured:
A State-Guaranteed Loan (or "Prêt Garanti par l'Etat - PGE")(Bank PGE) for an amount of €11,000 (€10,919 net of fees), granted on June 24, 2021 by a syndicate of four French banks and paid out on June 29, 2021, 90% guaranteed by the French government with an initial term of one year with repayment options up to six years;
A State-Guaranteed Loan (Bpifrance PGE) for an amount of €2,000 (€1,985 net of fees) granted on July 20, 2021 by Bpifrance and paid out on July 23, 2021, 90% guaranteed by the French government with an initial term of one year with repayment options up to six years;
A Subsidized Loan for an amount of €2,250 (€2,250 net of fees) granted on November 23, 2021 by Bpifrance and paid out on November 26, 2021, with an initial term of six years.
Please see Note 12.2.2 "Bank loans" in the Notes to the Consolidated Financial Statements in the 2021 Annual Report on Form 20-F.
During the first half of 2022, as we were already planning to do in late 2021, Genfit requested an extension of both the Bank PGE and the Bpifrance PGE. Both extensions were granted by the respective counterparties.
Regarding the Bank PGE, the loan’s post-extension terms did not result in a revision of the maturity date of 29 June 2025 used at the time of the closing on 31 December 2021 (8 linear quarterly payments between September 29, 2023 and June 29, 2025), nor the amount of the “guarantee premiums” (which increases progressively from 0.25% in the first year to 1% in the third year and beyond). Only the interest rate for the second to fourth years was determined at the time of the extension and is therefore changed in relation to the assumptions used as of 31 December 2021. This annual interest rate is as follows:
BNP PGE (loan of €4,900): 0.45%
Natixis PGE (loan of €3,000): 0.40%
CIC PGE (loan of €2,200): 0.75%
CDN PGE (loan of €900): 1.36%
Regarding the Bpifrance PGE, the extension resulted in a one-year extension of the loan’s maturity compared with the assumption made as of 31 December 2021, i.e. 23 July 2027 (20 linear quarterly payments between October 23, 2022 and July 23, 2027) instead of 23 July 2026, as well as a change in the rate of the “guarantee premium” and a change in the interest rate of the loan. The revised terms from 1 August 2022 are as follows: the interest rate is 2.25% (including 1.00% under the French State guarantee).
Regarding the Subsidized Loan, the terms have remained unchanged since the time of closing in November 2021, providing for a 4-quarter deferment of capital amortization, followed by 20 equal quarterly payments (amortization and interest) between February 28, 2023 and November 30, 2027, at a fixed interest rate of 2.25% per annum.
In accordance with the ANC recommendation (Recommendations and observations relating to the recognition of the consequences of COVID-19 in the accounts and positions prepared as from 1 January 2020), the accounting treatment relating to the extension of the two PGEs applied in the Group’s condensed consolidated financial statements as of 30 June 2022 is as follows:
Bank PGE: in the absence of a revision of the probable maturity, the revision of the interest rate of the non-guaranteed loan was accounted for prospectively as soon as the revised interest rate was known after agreement with the bank. The EIR after taking the extension into account is now as follows:
BNP PGE (loan of €4,900): 1.16% per annum
Natixis PGE (loan of €3,000): 1.11% per annum
CIC PGE (loan of €2,200): 1.46% per annum
CDN PGE (loan of €900): 2.08% per annum
(For reference, the EIR was 0.75% per annum at December 31, 2021 for all Bank PGE)
Bpifrance PGE: in view of the revision of the maturity of the PGE and the revision of the cost of the guarantee, the revision of the flows to be paid results, for the portion corresponding to the revision of the cost of the guarantee, in an increase in the debt in the amount of €44 against earnings, discounting new cash flows at the effective interest rate used for the closing as of 31 December 2021. Only the change in the revised interest rate has been accounted for prospectively. The EIR after taking the extension into account is now 1.65% per annum (1.95% at December 31, 2021).
Bank loans consisted of the following as of December 31,2021:
Bank loansLoanFacilityInterestOutstanding As of 2021/12/31InstallmentsOutstanding As of 2021/12/31
(in € thousands)datesizerate
CDN 3April 2016500 0.72 %— 60 monthly— 
CDN 4June 2017600 0.36 %— 48 monthly— 
CDN 5November 2018500 0.46 %— 48 monthly115 
CIC 4December 2016265 0.69 %— 60 monthly
CIC 5July 20171,000 0.69 %— 60 monthly152 
BNP 2June 2016500 0.80 %— 20 quarterly— 
BNP 3October 20161,050 0.80 %— 20 quarterly105 
BNP 4April 2017800 0.87 %— 60 monthly217 
AUTRES-— 0.00 %— — 20 
CDN PGEJune 2021900  (*)— 8 quaterly900 
CIC PGEJune 20212,200  (*)— 8 quaterly2,200 
BNP PGEJune 20214,900  (*)— 8 quaterly4,900 
NATIXIS PGEJune 20213,000  (*)— 8 quaterly3,000 
BPI PGEJuly 20212,000 1.85 %— 16 quaterly2,000 
BPI PRÊT TAUX BONIFIENovember 20212,250 2.25 %— 20 quaterly2,250 
TOTAL20,465  15,864 
(*) Rates not defined as of 31/12/2021
Bank loans consisted of the following as of June 30, 2022:
Bank loansLoanFacilityInterestAvailableInstallmentsOutstanding
datesizerateas ofas of
(in € thousands)2022/06/302022/06/30
CDN 3April 2016500 0.72 %— 60 monthly— 
CDN 4June 2017600 0.36 %— 48 monthly— 
CDN 5November 2018500 0.46 %— 48 monthly53 
CIC 4December 2016265 0.69 %— 60 monthly— 
CIC 5July 20171,000 0.69 %— 60 monthly51 
BNP 2June 2016500 0.80 %— 20 quarterly— 
BNP 3October 20161,050 0.80 %— 20 quarterly— 
BNP 4April 2017800 0.87 %— 60 monthly136 
AUTRES-— 0.00 %— — 19 
CDN PGEJune 2021900 1.36 %— 8 quaterly900 
CIC PGEJune 20212,200 0.75 %— 8 quaterly2,200 
BNP PGEJune 20214,900 0.45 %— 8 quaterly4,900 
NATIXIS PGEJune 20213,000 0.40 %— 8 quaterly3,000 
BPI PGEJuly 20212,000 2.25 %— 16 quaterly2,000 
BPI PRÊT TAUX BONIFIENovember 20212,250 2.25 %— 20 quaterly2,250 
TOTAL20,465  15,508 
 
Note 12.3 Maturities of Financial Liabilities
Maturity of financial liabilitiesAs ofLess thanLess thanLess thanLess thanLess thanMore than
(in € thousands)2022/06/301 year2 years3 years 4 years5 years5 years
BPI FRANCE - IT-DIAB3,229 — — — — — 3,229 
TOTAL - Refundable and conditional advances3,229      3,229 
Convertible loans49,175 415 — — 48,760 — — 
Bank loans15,514 782 6,321 6,343 863 868 336 
Leases6,793 1,015 972 973 984 995 1,855 
Accrued interests33 33 — — — — — 
TOTAL - Other loans and borrowings71,515 2,245 7,292 7,316 50,607 1,864 2,191 
TOTAL74,744 2,245 7,292 7,316 50,607 1,864 5,420 
Based on the nominal amount of €56,940 at June 30, 2022, the convertible bond results in the payment of yearly interest of €1,993 (payable in two biannual installments). Its repayment is due on October 16, 2025.
Regarding the IT-DIAB advance, please see Note 12.2.1 “Refundable and conditional advances”.