LONG-TERM DEBT |
(4) LONG-TERM DEBT
On April5, 2007, the Company entered into a Financing Agreement (Financing Agreement) with Rosenthal Rosenthal, Inc. (Rosenthal) for additional working capital. Under the Financing Agreement, Rosenthal made a term loan in the principal amount of $2,500 to the Company and has additionally agreed to provide up to an additional $2,500 under a revolving line of credit. Interest on outstanding borrowings under the Financing Agreement is payable at variable rates of interest over the published JPMorgan Chase prime rate (with a minimum prime rate of 6%), 2.5% on the term loan and 2% on borrowings under the revolving credit facility. The Companys obligations under the term loan are evidenced by a secured Term Note and all of the Companys obligations to Rosenthal are secured by a first priority security interest in substantially all of the Companys assets.
The Financing Agreement, as amended most recently on March13, 2009, terminates on March30, 2011 unless sooner terminated by either party in accordance with the terms of the Financing Agreement. The terms include a provision that would allow the lender to accelerate the due date of the debt based on certain circumstances. The Company is required to maintain certain levels of working capital and tangible net worth pursuant to the Financing Agreement. On April22, 2008, these amounts were amended effective as of December31, 2007. On March13, 2009, these amounts were amended effective as of December31, 2008. The Company was in compliance with the amended terms at September30, 2009.
In connection with the Financing Agreement, the Company issued to Rosenthal a warrant to purchase 100,000 shares of the Companys common stock at an exercise price equal to $2.81 (the market price of the Companys common stock on the closing date of the transaction) which warrant expires on April30, 2010. A discount related to the warrant totaling $125 was recorded based on the Black-Scholes-Merton fair value of the warrant on the date of issue and is being amortized over the term of the Financing Agreement. Also in connection with this transaction, the Company paid its financial advisor $125, which represents 3% of the gross principal amount of the term loan and 2% of the gross principal amount of the revolving credit.
The term loan, as amended, is due as follows: (i)$21 per month from July1, 2008 through and including March1, 2009; (ii)$42 from April1, 2009 through the maturity date and (iii)the entire remaining unpaid balance on the maturity date. At September30, 2009, $500 was classified as the current portion of long-term debt and $1,528 was classified long-term debt. There were $66 of unamortized deferred financing costs included in other assets. The Company has not received any funding under the revolving line of credit as of September30, 2009. Interest expense under the Agreement totaled $84 and $77 for the three months ended September30, 2008 and 2009, respectively, and included $31 and $17, respectively, of amortization of deferred financing costs and warrant discount. Interest expense under the Agreement totaled $254 and $250 for the nine months ended September30, 2008 and 2009, respectiv |