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CONVERTIBLE DEBT (PIK NOTES) (Tables)
3 Months Ended
Mar. 31, 2020
Debt Instruments [Abstract]  
Debt Instrument Redemption [Table Text Block] The key terms of the Series A and Series 2023 Notes, as amended, are highlighted in the table below:
 
 
Key Terms
 
Series 2023 Notes
 
Series A Notes
 
Inception Date
 
08/01/2013
 
11/03/2014
 
Cash Received
 
$10,500,000
 
$12,500,000
 
Principal (Initial Liability)
 
$10,500,000
 
$19,848,486
 
Maturity (Term)
 
Matures on August 1, 2023, but convertible into shares of the Company’s common stock at the discretion of the holder or by the Company based on the market price of the Company’s stock;
 
Matures on May 1, 2023 but extends to August 1, 2023 if the Series 2023 Notes are still outstanding. Convertible into shares of the Company’s common stock at the discretion of the holder or by the Company based on the market price of the Company’s stock;
 
Exercise Price
 
$0.59, adjusted downward based on anti-dilution provisions/downround protection
 
$0.40, adjusted downward based on anti-dilution provisions/down-round protection;
 
Stated Interest
 
10% per annum through December 14, 2017, 3% per annum thereafter, due semiannually;
 
10% per annum through December 14, 2017, 3% per annum thereafter, due semiannually;
 
Derivative Liability
 
$2,055,000 established at inception due to the existence of down-round protection; the derivative liability was revalued every quarter using Monte Carlo model through the year ended December 31, 2018. The Company is no longer required to value the derivative liability.
 
$9,212,285 established at inception due to existence of down-round protection; revalued every quarter using a Monte Carlo model through the year ended December 31, 2018. The Company is no longer required to value the derivative liability.
 
Payments
 Per the terms of the amendment agreement entered into on April 4, the holders of the Series A and Series 2023 Notes were to receive a pro-rata distribution of an Immediate Payment of $350,000 as well as (i) receive a pro-rata distribution of 5% of the net proceeds of any capital raise and (ii) on the 15
th
day after the filing of its quarterly report on Form 10-Q or annual report on Form 10-K, receive a pro-rata payment of (a) 3% of gross revenue if cash or cash equivalents on the Company’s balance sheet or otherwise is less than $3 million on the last day of the fiscal quarter or (b) 5% of gross revenue if cash or cash equivalents on the Company’s balance sheet or otherwise is greater than $3 million but less than $5 million on the last day of the fiscal quarter or (c) 12% of gross revenue if cash or cash equivalents on the Company’s balance sheet or otherwise is greater than $5 million on the last day of the fiscal quarter. If the amount payable under (ii)(a), (ii)(b) or (ii)(c) is in excess of the amount of cash at the end of the fiscal quarter, the payment of the excess amount will be deferred and will be payable in connection with the payment for a following fiscal quarter(s) when cash is available. All payment will be applied to the reduction of the principal amount outstanding of the Series A and Series 2023 Notes.
 Per the terms of the amendment agreement entered into on April 4, 2019, the holders of the Series A and Series 2023 Notes were to receive a pro-rata distribution of an Immediate Payment of $350,000 as well as (i) receive a pro-rata distribution of 5% of the net proceeds of any capital raise and (ii) on the 15
th
day after the filing of its quarterly report on Form 10-Q or annual report on Form 10-K, receive a pro-rata payment of (a) 3% of gross revenue if cash or cash equivalents on the Company’s balance sheet or otherwise is less than $3 million on the last day of the fiscal quarter or (b) 5% of gross revenue if cash or cash equivalents on the Company’s balance sheet or otherwise is greater than $3 million but less than $5 million on the last day of the fiscal quarter or (c) 12% of gross revenue if cash or cash equivalents on the Company’s balance sheet or otherwise is greater than $5 million on the last day of the fiscal quarter. If the amount payable under (ii)(a), (ii)(b) or (ii)(c) is in excess of the amount of cash at the end of the fiscal quarter, the payment of the excess amount will be deferred and will be payable in connection with the payment for a following fiscal quarter(s) when cash is available. All payment will be applied to the reduction of the principal amount outstanding of the Series A and Series 2023 Notes.
 
Convertible Debt [Table Text Block]
As of March 31, 2020, the liability components of the PIK Notes on the Company’s balance sheet are listed in the following table:
 
 
 
Series 2023
Notes
 
 
Series A
Notes
 
 
Total
 
PIK Note Payable, Gross $17,004,489  $28,261,547  $45,266,036 
Less: Discount  -   (1,370,849)  (1,370,849)
PIK Note Payable, Net $17,004,489  $26,890,698  $43,895,187 
 
As of December 31, 2019, the liability components of the PIK Notes on the Company’s balance sheet are listed in the f
o
llowing table:
 
 
 
Series 2023
Notes
 
 
Series A
Notes
 
 
Total
 
PIK Note Payable, Gross $16,901,447  $28,265,165  $45,166,612 
Less: Discount  -   (1,464,311)  (1,464,311)
PIK Note Payable, Net $16,901,447  $26,800,854  $43,702,301