Loans Payable | (7) Loans Payable Short-term bank loans June 30, December 31, 2017 2016 Bank of Hebei (a) $ 2,214,218 $ 2,162,318 Industrial & Commercial Bank of China (“ICBC”) Loan 1 (b) 2,952,291 2,883,091 Bank of Cangzhou (c) 5,904,582 - ICBC Loan 2 (d) 4,133,208 - Total short-term bank loans $ 15,204,299 $ 5,045,409 (a) On July 8, 2016, the Company entered into a working capital loan agreement with the Bank of Hebei, with a balance of $2,214,218 as of June 30, 2017 and $2,162,318 as of December 31, 2016, respectively. The loan bears a fixed interest rate of 5.22% per annum. The loan will be due on July 8, 2017. The working capital loan is guaranteed by the Company’s CEO and Hebei Tengsheng with its land use right and real property pledged by Hebei Tengsheng as collateral for the benefit of the bank. (b) On September 13, 2016, the Company entered into a working capital loan agreement with ICBC, with a balance of $2,952,291 as of June 30, 2017 and $2,883,091 as of December 31, 2016, respectively. The loan bears a fixed interest rate of 4.5675% per annum. The loan will be due on October 19, 2017. The working capital loan was guaranteed by Hebei Tengsheng with its land use right pledged as collateral for the benefit of the bank. (c) On December 5, 2016, the Company entered into a working capital loan agreement with the Bank of Cangzhou. The loan was drawn on January 3, 2017, with a balance of $5,904,582 as of June 30, 2017. The loan bears a fixed interest rate of 6.09% per annum. The loan will be due on January 3, 2018. The working capital loan is secured by the Company’s land use right and guaranteed by Orient Paper Shengde with its production equipment as collateral for the benefit of the bank. (d) On January 10, 2017, the Company entered into a working capital loan agreement with the ICBC, with a balance of $4,133,208 as of June 30, 2017. The working capital loan was guaranteed by Hebei Tengsheng with its land use right pledged as collateral for the benefit of the bank. The loan bears a fixed interest rate of 4.5675% per annum. The loan will be due on January 17, 2018. As of June 30, 2017, there were guaranteed short-term borrowings of $15,204,299 and unsecured bank loans of $nil. As of December 31, 2016, there were guaranteed short-term borrowings of $5,045,409 and unsecured bank loans of $nil. The average short-term borrowing rates for the three months ended June 30, 2017 and 2016 were approximately 5.25% and 8.67%, respectively. The average short-term borrowing rates for the six months ended June 30, 2017 and 2016 were approximately 5.27% and 8.73%, respectively. Long-term loans from credit union As of June 30, 2017 and December 31, 2016, loans payable to Rural Credit Union of Xushui County, amounted to $7,321,682 and $4,843,592, respectively. On April 16, 2014, the Company entered into a loan agreement with the Rural Credit Union of Xushui County for a term of 5 years, which is payable in 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 Rural Credit Union of Xushui County in accordance with the terms on the agreement, the Company repaid a portion of the loan in an amount of $184,518, of which $81,188 was paid ahead of its original repayment schedule as of June 30, 2017. As of June 30, 2017 and December 31, 2016, total outstanding loan balance was $1,269,485 and $1,239,729 respectively, which is presented as non-current liabilities in the condensed consolidated balance sheet. On July 15, 2013, the Company entered into a loan agreement with the Rural Credit Union of Xushui County for a term of 5 years, which is due and payable in various installments from December 21, 2013 to July 26, 2018. The loan is secured by certain of the Company’s manufacturing equipment with net book value of $8,931,476 and $9,813,294 as of June 30, 2017 and December 31, 2016, 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 Rural Credit Union of Xushui County in accordance with the terms on the agreement, the Company repaid a portion of the loan in an amount of $191,899, of which $73,807 was paid ahead of its original repayment schedule as of June 30, 2017. As of June 30, 2017 and December 31, 2016, the total outstanding loan balance was $3,690,364 and $3,603,863 respectively, which is presented as non-current liabilities in the condensed consolidated balance sheet. On April 20, 2017, the Company entered into a loan agreement with the Rural Credit Union of Xushui County for a term of 2 years, which is due and payable in various installments from August 26, 2017 to April 19, 2019. The loan is guaranteed by Hebei Tengsheng with its land use right pledged as collateral for the benefit of the bank. Interest payment is due quarterly and bears a fixed rate of 0.6% per month. As of June 30, 2017 the total outstanding loan balance was $2,361,833, out of which $88,569 and $2,273,264 are presented as current and non-current liabilities in the condensed consolidated balance sheet respectively. Total interest expenses for the short-term bank loans and long-term loans for the three months ended June 30, 2017 and 2016 were $324,929 and $411,964, respectively. Total interest expenses for the short-term bank loans and long-term loans for the six months ended June 30, 2017 and 2016 were $587,708 and $818,681, 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$22 million). Under the sale-leaseback arrangement, Orient Paper HB sold the Leased Equipment to CNFTFL for RMB 150 million (approximately US$22 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 $2,214) 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 to amend and restate the Lease Financing Agreement entered into in 2013 (the “2015 Agreement”). 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. Orient Paper HB made all payments due according to the modified schedule prior to June 20, 2016. On June 21, 2016, Orient Paper HB only made a partial payment of RMB 2,300,000 ($345,714) out of the payment schedule of RMB 22,300,000 ($3,351,922) due on June 20, 2016. The Company made interest payment due according to the modified schedule, as well as a payment of interest $140,206 on the overdue amount of RMB 20,000,000 ($2,898,845), at a rate of 18.25% per annum on September 20, 2016 in accordance with the 2015 Agreement. On December 21, 2016, Orient Paper HB made a partial payment of RMB 1,516,667 ($227,971) out of the payment schedule of RMB 21,516,667 ($3,234,179) due on December 20, 2016. The Company made interest payment due according to the modified schedule, as well as a payment of interest $138,682 on the overdue amount of RMB 20,000,000 ($2,898,845), at a rate of 18.25% per annum on December 21, 2016 in accordance with the 2015 Agreement. The Company made interest payment due according to the modified schedule, as well as a payment of interest $266,008 on the overdue amount RMB 40,000,000 ($5,830,309), at a rate of 18.25% per annum on March 21, 2017. The Company made partial payments totaling RMB 13,766,667 ($2,006,598) out of the final payment schedule of RMB 20,766,667 ($3,026,902) on April 18, 2017, June 20, 2017 and June 27, 2017. A payment of interest $224,629 on the overdue lease amount, at a rate of 18.25% per annum was made on June 20, 2017. As of June 30, 2017, the total obligation under capital lease of RMB 47,000,000 ($6,940,652) remained outstanding. The Company entered into negotiations with the CNFTFL and agreed to repay the outstanding balance in September 2017. The balance of the long-term obligations under capital lease were nil as of June 30, 2017 and December 31, 2016, and its current portion in the amount of $6,940,652 and $8,786,528, respectively. Included in the current portion, balance of RMB 47,000,000 ($6,940,652) was overdue as of June 30, 2017. Total interest expenses for the sale-leaseback arrangement for the three months ended June 30, 2017 and 2016 were $264,868 and $139,826, respectively. Total interest expenses for the sale-leaseback arrangement for the six months ended June 30, 2017 and 2016 were $575,653 and $289,859, 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 was 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 was 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 $6,279,196 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 $22,965,528 and $23,654,125 as of June 30, 2017 and December 31, 2016, respectively. |