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Note 3. Capital Lease
9 Months Ended
Sep. 30, 2015
Notes  
Note 3. Capital Lease

Note 3.            Capital Lease

 

            In June 2014, Mulberry Processing, LLC, a wholly owned subsidiary of the Company, entered into a contract to lease certain real property and buildings in Bradley, Florida from Bowling Green Holdings, LLC (“BGH”), a related party, a company owned by David Kasmoch, the father of Timothy R. Kasmoch, the Company’s President and Chief Executive Officer.  The lease term is for five years beginning June 1, 2014 with a monthly payment of $10,000.  At September 30, 2015 and December 31, 2014 the Company was in default of its payments.  In September 2015, the Company received a demand letter from counsel for the lessor declaring a default under the lease.  Counsel demanded payment of several months of accrued rent in arrears under the lease, together with penalties.  The Company is in negotiations with counsel and their client to resolve this default, although there can be no assurance these negotiations will be successful.

 

            This lease is for the Company’s operating facility which commenced operations in June 2014, and has been determined to be a capital lease. 

The economic substance of the lease is the Company is financing the acquisition of the asset through the lease, and accordingly, it is recorded in the Company’s assets and liabilities.  Assets and liabilities under capital leases initially are recorded at the lower of present value of the minimum lease payments or the fair value of the assets.  The assets are depreciated over the shorter of the lease term or their estimated useful lives.

  A liability and related asset of $420,346 was recorded in June 2014 concurrent with the start of the lease agreement.  The capital lease liability at September 30, 2015 and December 31, 2014 was approximately $375,400 and $405,900, respectively.

 

            Depreciation on assets under capital leases charged to expense for the nine months ended September 30, 2015 and 2014 was approximately $63,000 and $28,000, respectively, and for both the three months ended September 30, 2015 and 2014 was approximately $21,000, recorded in cost of sales.  Interest charged related to capital lease liabilities for the nine months ended September 30, 2015 and 2014 was approximately $41,000 and $20,700, respectively, and for the three months ended September 30, 2015 and 2014 was approximately $13,100 and $15,400, respectively, recorded as interest expense.