ADVANCE FOR INVESTMENT IN NET INSURANCE BENEFITS | (4) ADVANCE FOR INVESTMENT IN NET INSURANCE BENEFITS On June 7, 2013, the Company entered into an Asset Transfer Agreement (the Del Mar ATA) with Del Mar Financial, S.a.r.l. (Del Mar). The Del Mar ATA involved the purchase of certain life settlement assets consisting of 100% of the legal and net beneficial ownership interest in a portfolio of life insurance policies (the NIBs), among other assets that are consideration and collateral for certain cash advances and expense payments made by the Company. The original end result of the Del Mar ATA and the advance was not to purchase the NIBs provided as collateral, but instead to provide sufficient capital to Del Mar for the conversion of a portion of the NIBs and other potential NIBs into Qualified NIBs. The original due date for the conversion was December 31, 2013, which date has subsequently been extended several times, with the most recent extension to August 31, 2015. The conversion can be accepted by the Company upon receipt of a combined face amount of $ 400,000,000 During January 2014, the Company completed with Del Mar the closing of Qualified NIBs with associated death benefits of $ 90.6 5,436,000 During December 2014, Del Mar refunded $ 904,274 On April 30, 2015, the Company finalized an amendment to the Del Mar ATA and the related Europa Agreement (as defined below) to extend the deadline until August 31, 2015. The extension is intended to give the Company time to work towards a settlement agreement with Del Mar, as it appears unlikely that Del Mar will be able to fulfill its obligation to deliver the remaining $ 309,400,000 At June 30, 2015, the Company held collateral against the cash advances and expense payments made by the Company to Del Mar. The collateral includes NIBs associated with life settlement policies with a face value that originally totaled $ 94,000,000 10,000,000 84,000,000 In the likely event Del Mar is unable to provide the Qualified NIBs by the extended due date of August 31, 2015, the Company will have the option of selling collateral up to a liquidated damages settlement payment equal to 100% of any cash payments made under the Del Mar ATA. If the full balance of Qualified NIBs is provided by Del Mar, the Company will have paid $ 20,000,000 two 4.0 As part of the Del Mar ATA, the Company entered into a Structuring and Consulting Agreement with Europa Settlement Advisors Ltd. (respectively, the Europa Agreement and Europa). The Company is required to pay a structuring fee of 1% of the face amount of the life insurance policies underlying all NIBs introduced by Europa and acquired by the Company, payable as follows: 50% of the fee on the delivery of the NIBs; and the remaining 50% being payable on the conversion of the NIBs to Qualified NIBs as defined in the Del Mar ATA. The total restructuring fee will be up to $ 4,000,000 8,000,000 24,000,000 12,000,000 On October 29, 2013, the Company and Europa, with the agreement of Del Mar, amended the Europa Agreement and the Del Mar ATA to acknowledge that the total up-front cash payment due from the Company under the Del Mar ATA and Europa Agreement shall not exceed $ 12,000,000 300,000,000 Also on October 29, 2013, the Company entered into an Exclusivity Agreement with the consultant to Europa under the Europa Agreement under which the Company advanced $ 25,000 |