Loans Payable | (8) Loans Payable Short-term bank loans December 31, 2015 2014 Industrial & Commercial Bank of China (“ICBC”) Loan 1 (a) $ - $ 2,451,381 The Commercial Bank of the City of Zhangjiakou Loan 1 (b) - 3,268,508 ICBC Loan 2 (c) - 817,127 ICBC Loan 3 (d) - 3,268,508 ICBC Loan 4 (e) 3,079,956 - ICBC Loan 5 (f) 3,079,956 - The Commercial Bank of the City of Zhangjiakou Loan 2 (g) 7,699,888 - Total short-term bank loans $ 13,859,800 $ 9,805,524 (a) On June 26, 2014, the Company obtained an accounts receivable factoring facility from the ICBC of $2,451,381 as of December 31, 2014. Under the factoring agreement, the bank has recourse against the Company if the receivables, which remain in the Company’s books at all times, are not fully collected. The factoring facility bore an interest rate of 6.6% per annum, which was 110% of the primary lending rate of the People’s Bank of China at the time of funding. The Company paid off the principal balance and interest by June 24, 2015 when the factoring facility expired. Concurrent with the signing of the new factoring agreement, the Company also entered into a financial service agreement with the ICBC, which provides accounts receivable management services to the Company during the terms of the underlying factoring facility. (b) On June 9, 2014, the Company obtained from the Commercial Bank of the City of Zhangjiakou a banking facility on bank loans and notes payable, which is guaranteed by the Company’s CEO and Shijiazhuang Baode Guarantee Service Company. In obtaining the guarantee from Shijiazhuang Baode Guarantee Service Company, Hebei Tengsheng Paper Co. Ltd (“Hebei Tengsheng”), a third party which owns the land use rights of about 330 acres (or 1.33 million square meters) of land in the Wei County and leases about one-fourth of the premises to Orient paper HB as our production bases of tissue paper and other future facilities, provided a guarantee with the land use rights and buildings as collateral. On July 18, 2014, the Company entered into a working capital loan agreement with the bank of $3,268,508 as of December 31, 2014. The loan bore a fixed interest rate of 11.88% per annum and was repaid on July 16, 2015. (c) On August 19, 2014, the Company obtained an accounts receivable factoring facility from the ICBC of $817,127 as of December 31, 2014. Under the factoring agreement, the bank has recourse against the Company if the receivables, which remain in the Company’s books at all times, are not fully collected. The factoring facility bore an interest rate of 6.6% per annum, which was 110% of the primary lending rate of the People’s Bank of China at the time of funding. The Company paid off the principal balance and interest by June 10, 2015 when the factoring facility expired. (d) On November 20, 2014, the Company entered into a working capital loan agreement with the ICBC of $3,268,508 as of December 31, 2014. The working capital loan was guaranteed by Hebei Tengsheng with its land use right and real estates pledged by Hebei Tengsheng as collateral for the benefit of the bank. The loan bore an interest rate of 6.16% per annum, which was 110% of the primary lending rate of the People’s Bank of China at the time of funding. The Company paid off the principal balance and interest by December 3, 2015 when the loan expired. (e) On September 7, 2015, the Company entered into a working capital loan agreement with the ICBC of $3,079,956 as of December 31, 2015. The loan bears an interest rate of 5.06% per annum, which was 110% over the primary lending rate of the People’s Bank of China at the time of funding. The loan is due on September 6, 2016. The working capital loan was guaranteed by Hebei Tengsheng with its land use right and real estates pledged by Hebei Tengsheng as collateral for the benefit of the bank. (f) On December 11, 2015, the Company entered into a working capital loan agreement with the ICBC of $3,079,956 as of December 31, 2015. The loan bears an interest rate of 4.785% per annum at the time of funding. The loan is due on December 9, 2016. The working capital loan was guaranteed by Hebei Tengsheng with its land use right and real estates pledged by Hebei Tengsheng as collateral for the benefit of the bank. (g) On October 15, 2015, the Company entered into a working capital loan agreement with the Commercial Bank of the City of Zhangjiakou of $7,699,888 as of December 31, 2015. The loan bears a fixed interest rate of 11.88% per annum. The loan is due on October 15, 2016. The working capital loan was guaranteed by the Company’s CEO and his wife, as well as Hebei Tengsheng with its land use right and real estates pledged by Hebei Tengsheng as collateral for the benefit of the bank. As of December 31, 2015, there were guaranteed short-term borrowings of $13,859,800 and unsecured bank loans of $nil. As of December 31, 2014, there were guaranteed short-term borrowings of $3,268,508 and secured bank loans of $6,537,016. The factoring facility was secured by the Company’s accounts receivable in the amount of $nil and $3,730,123 as of December 31, 2015 and December 31, 2014, respectively. The average short-term borrowing rates for the years ended December 31, 2015, 2014 and 2013 were approximately 8.27%, 7.71% and 6.68%, respectively. Long-term loans from credit union As of December 31, 2015 and 2014, loans payable to Rural Credit Union of Xushui County, amounted to $5,174,325 and $5,907,828, respectively. On April 16, 2014, the Company entered into an agreement with the Rural Credit Union of Xushui County for a term of 5 years, which is repayable by various installments from June 21, 2014 to November 18, 2018. The loan is guaranteed by an independent third party. Interest payment is due quarterly and bears the rate of 0.72% per month. In August 2015, after giving the required notice to the bank in accordance with the terms on the agreement, the Company repaid a portion of the loan in an amount of $192,497, of which $130,898 were paid ahead of its original repayment schedule as of December 31, 2015. As of December 31, 2014, total outstanding loan balance was $1,609,740 and $65,370 that become due within one year was presented as current portion of long term loans from credit union in the consolidated balance sheet. As of December 31, 2015, total outstanding loan balance was $1,324,380 and was presented as non-current liabilities in the consolidated balance sheet. On July 15, 2013, the Company entered into an agreement with the Rural Credit Union of Xushui County for a term of 5 years, which is due and payable on various scheduled repayment dates between December 21, 2013 and July 26, 2018. The loan is secured by certain of the Company’s manufacturing equipment in the amount of $14,236,083 and $19,300,765 as of December 31, 2015 and 2014, respectively. Interest payment is due quarterly and bears a fixed rate of 0.72% per month. In August 2015, after giving the required notice to the bank in accordance with the terms on the agreement, the Company repaid a portion of the loan in an amount of $200,197, of which $123,198 were paid ahead of its original repayment schedule as of December 31, 2015. As of December 31, 2014, the total outstanding loan balance was $4,298,088, with $81,713 becoming due within one year and presented as current portion of long term loans from credit union in the consolidated balance sheet. As of December 31, 2015, the total outstanding loan balance was $3,849,945 and was presented as non-current liabilities in the consolidated balance sheet. Total interest expenses for the short-term bank loans and long-term loans for the years ended December 31, 2015, 2014 and 2013 were $1,209,293, $1,031,163 and $828,157, respectively. Financing with Sale-Leaseback The Company entered into a sale-leaseback arrangement (the “Lease Financing Agreement”) with CNFTFL on June 16, 2013, for a total financing proceeds in the amount of RMB 150 million (approximately US$24 million). Under the sale-leaseback arrangement, Orient Paper HB sold the Leased Equipment to CNFTFL for RMB 150 million (approximately US$24 million). Concurrent with the sale of equipment, Orient Paper HB leases back all of the equipment sold to CNFTFL for a lease term of three years. At the end of the lease term, Orient Paper HB may pay a nominal purchase price of RMB 15,000 (approximately $2,400) to CNFTFL and buy back all of the Leased Equipment. The sale-leaseback is treated by the Company as a mere financing and capital lease transaction, rather than a sale of assets (under which gain or loss is immediately recognized) under ASC 840-40-25-4. All of the Leased Equipment are included as part of the property, plant and equipment of the Company for the periods presented; while the net present value of the minimum lease payment (including a lease service charge equal to 5.55% of the amount financed, i.e. approximately US$1.36 million) was recorded as obligations under capital lease and was calculated with CNFTFL’s implicit interest rate of 6.15% per annum and stated at $25,750,170 at the inception of the lease on June 16, 2013. Orient Paper HB made all payments due according to the schedule prior to December 15, 2014. On December 15, 2014, Orient Paper HB stopped making principal payments and entered into negotiations with the CNFTFL regarding a modified payment schedule for the remaining obligations. During the course of negotiations, Orient Paper HB continued to make interest payments due (as well as a payment of a liquidated damage of approximately $9,200 on December 26, 2014). No remedial measures were taken by the lessor or its parent company. On May 19, 2015 and June 15, 2015, the Company made payments to the lessor of RMB 5,000,000 (approximately $0.8 million) and RMB 20,000,000 (approximately $3 million), respectively. On July 1, 2015, Orient Paper HB, China Orient, and other guarantors of Lease Financing Agreement, entered into the 2015 Agreement, to amend and restate the Lease Financing Agreement entered into in 2013. The 2015 Agreement sets forth a modified and extended payment schedule with respect to the remaining payment obligation, with the final repayment date extended to June 21, 2017. Under the 2015 Agreement, the interest accrues at a rate of 15% per annum starting on June 16, 2015, and is payable on the 20th of every March, June, September and December until the principal is paid off, except for the first payment, which is due on July 31, 2015. The Company made all the payments on time according to the modified payment schedule under the 2015 Agreement in this period. In accordance with ASC 840-30-35, the present balances of the capital lease assets and obligations under capital lease were adjusted by an amount equal to the difference between the present value of the future minimum lease payments under the revised agreement (computed using the interest rate used to recognize the lease initially), which is approximately $1,617,574 at the date of the 2015 Agreement. The balance of the long-term obligations under capital lease were $3,217,785 and $4,090,413 as of December 31, 2015 and 2014, which is net of its current portion in the amount of $6,860,412 and $12,258,488, respectively. Total interest expenses for the sale-leaseback arrangement for the years ended December 31, 2015, 2014 and 2013 were $1,363,011, $919,298 and $471,472, respectively. As a result of the sale and leaseback of equipment on June 16, 2013, a deferred gain in the amount of $1,379,282 was recorded. The deferred gain is being amortized over the lease term and as an offset to depreciation of the Leased Equipment. In term of the extension of the new payment schedule, the deferred gain is being amortized over the remaining lease term up to June 21, 2017. As part of the sale-leaseback transaction, Orient Paper HB entered into a Collateral Agreement with CNFTFL and pledged the land use right in the amount of approximately $6,769,894 on some 58,566 square meters of land as collateral for the lease. In addition to Orient Paper HB’s collateral, Orient Paper Shengde also entered into a Guarantee Contract with CNFTFL on June 16, 2013. Under the Guarantee Contract, Orient Paper Shengde agrees to guarantee Orient Paper HB’s performance under the lease and to pledge all of its production equipment as additional collateral. The net book value of Orient Paper Shengde’s asset guarantee was $28,745,628 and $33,287,324 as of December 31, 2015 and 2014, respectively. The future minimum lease payments of the capital lease as of December 31 December 31, Amount 2016 $ 7,334,144 2017 3,313,519 Totals $ 10,647,663 Less: Unearned discount (569,466 ) 10,078,197 Less: Current portion of obligation under capital lease, net (6,860,412 ) Long-term obligation under capital lease, net $ 3,217,785 |