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Note payable Senior Secured Credit Facilities
3 Months Ended
Mar. 31, 2016
Debt Disclosure [Abstract]  
Long-term Debt

Note 10

 

Note payable Senior Secured Credit Facilities

 

On January 6, 2016, PhotoMedex, Inc. received an advance of $4 million, less a $40 financing fee (the “January 2016 Advance”), from CC Funding, a division of Credit Cash NJ, LLC, (the "Lender"), pursuant to a Credit Card Receivables Advance Agreement (the "Advance Agreement"), dated December 21, 2015.  The Company’s domestic subsidiaries, Radiancy, Inc.; PTECH; and Lumiere, Inc., are also parties to the Advance Agreement (collectively with the Company, the “Borrowers”). Concurrent with the funding of the loan agreement, the Company established a $500 cash reserve account in favor of the lender to be used to make loan payments in the event that weekly remittances, net of sales return credits and other bank charges or offsets, are insufficient to cover the weekly repayment amount due the lender.

 

Subject to the terms and conditions of the Advance Agreement, the Lender will make periodic advances to the Company (collectively with the January 2016 Advance and the April 2016 Advance described below, the “Advances”). The proceeds can be used for general corporate purposes.

 

All outstanding Advances will be repaid through the Company’s existing and future credit card receivables and other rights to payment arising out of our acceptance or other use of any credit or charge card (collectively, “Credit Card Receivables”) generated by activities based in the United States. The Company’s processor for those Credit Card Receivables (the “Processor”) has been instructed to remit, via electronic funds transfer, to the Lender all of the Borrowers’ Credit Card Receivables collected by the Processor (net of any discounts, fees and/or similar amounts legally owed to the Processor by the Borrowers and any charge-backs, offsets and/or other amounts which the Processor is entitled to deduct from the proceeds) until the Lender gives written notice that all Advances then outstanding and associated fees and expenses have been received by Lender.

 

Each Advance is secured by a security interest in favor of the Lender in certain defined Collateral, including but not limited to all of the Borrowers’ Credit Card Receivables; inventory, merchandise and materials; equipment, machinery, furniture, furnishings and fixtures; patents, trademarks and tradenames; Escrow fund associated with the XTRAC and VTRAC transaction and certain other intangibles and payment rights including any tax refunds owed to the Company; and all other intangibles and payment rights arising out of the provision of goods or services by the Borrowers.

 

 

In the event of a sale by the Company of certain collateralized assets, repayment of $1.5 million of the outstanding principal balance is required to be accelerated or in the event of the sale of substantially all of the Company’s assets, the remaining outstanding principal balance is required to be repaid.

 

The outstanding balance under the Advance Agreement as of March 31, 2016 was $2.2 million, and is included in Notes payable in the accompanying condensed consolidated balance sheet.  

 

On April 29, 2016 the Company received an additional advance of $1 million, less a $10 financing fee (the “April 2016 Advance”), from the Lender pursuant to the Advance Agreement.

 

 

Additionally the Company has restricted cash amounts of $724 held in escrow as of March 31, 2016 pending the one year anniversary of the sale of the XTRAC and VTRAC business on June 22, 2015. Restricted cash as of March 31, 2016 also includes $193 which reflects amounts collected by the Lender awaiting remittance to the Company which were received after March 31, 2016. Restricted cash also includes $91 reflecting certain commitments connected to our leased office facilities in Israel.

 

On May 12, 2014, the Company entered into an $85 million senior secured credit facilities (“the Facilities”) with JP Morgan Chase as part of its acquisition of LCA-Vision. See Item 1, The Company, and Note 10, Long-Term Debt, in the Company’s Form 10-K for the year ending December 31, 2015 for further information on this transaction.