Financing Activities | Note 8. Financing Activities Pursuant to recently issued accounting standard FASB ASU 2015-03 “ Interest-Imputation of Interest (Subtopic 835-30): Simplifying the Presentation of Debt Issuance Costs Short-Term Debt We have mutually agreed with American Savings Bank, F.S.B. to extend the Loan Purchase Agreement to May 15, 2017 for an extension fee which was paid on October 31, 2016. The extension also includes monthly installments that will be applied to the balance of the loan purchase. Additionally, if we are able to make a lump sum payment of the balance due under the amended Loan Purchase Agreement before December 29, 2016, there would be a waiver of an extension fee. $500,000 of the purchase agreement was removed from the condensed consolidated financial statements as of June 30, 2016 because we were in default of the original payment terms. The $500,000 has been included in the September 30, 2016 condensed consolidated financial statements as an increase in other assets due to the renegotiation. On November 12, 2015, we executed a one-year $6,000,000 land loan with Libo Zhang, a Chinese national, with the net proceeds made available for the purchase of the 1,011 residential acres acquired from Bridge. The loan is secured by a portion of Phase 1 (parcel D-1-B-1), bears interest at 12% per annum and matures on November 12, 2016. DW transferred 33,091 (23,091 and 10,000 shares in January 2016 and May 2016, respectively) of its shares in the Company to the lender as additional security to this loan. We have recorded this consideration as an additional debt discount of $455,001 based on the number of shares transferred at the per share offering price of $13.75 as listed in our registration statement. Interest of $720,000 was withheld by the lender from of the gross proceeds at funding. On November 17, 2015, we executed a three-year $14,000,000 land loan with Bridge, with the net proceeds made available for the purchase of the 1,011-acres. The loan is secured by a mortgage bearing interest at 12% per annum, payable, interest only, monthly and matures November 17, 2018. In July 2016, we did not make the required monthly interest payment on the loan with Bridge and went into default. We negotiated a Forbearance Agreement in October 2016 that has relieved monthly interest payments until March 15, 2017, with a required payment of $150,000 against accrued interest and related penalties due of $947,940 from July 1, 2016 through September 30, 2016. The loan is accruing interest at the default rate of 24%. In June 2016, we executed a maximum borrowing of $400,000 temporary bridge working capital note with Adriatic Ventures LLC. The note was reduced to $163,500, bears a 7% annual interest rate, requires a 3% loan fee for each advance against the note, and is due the earlier of December 15, 2016 or the date of the closing of a firmly underwritten public offering, as amended in October 2016. The note is personally guaranteed by the Company’s CEO. During the period, we executed one commercial premium finance agreement for an insurance policy with a maturity of less than one year. Following is a summary of the principal due and associated unamortized discount and debt issuance costs on September 30, 2016 Principal Unamortized Discount and Debt Issuance Costs Net Short-Term Debt Libo Zhang, 12% interest, secured loan, due November 2016 $ 60,00,000 $ 2,43,492 $ 57,56,508 American Savings Bank, non-interest bearing loan purchase agreement, due May 2017 5,00,000 — 5,00,000 Bridge Aina Le'a, LLC, 24% interest, secured loan, due November 2018 140,00,000 26,571 139,73,429 Adriatic Ventures LLC, 7% interest, unsecured note, due December 2016 1,63,500 — 1,63,500 First Insurance Funding, 6.699% interest, due January 2017 78,510 — 78,510 Total $ 207,42,010 $ 2,70,063 $ 204,71,947 March 31, 2016 Principal Unamortized Discount and Debt Issuance Costs Net Short-Term Debt Libo Zhang, 12% interest, secured loan, due November 2016 $ 60,00,000 $ 9,21,177 $ 50,78,823 American Savings Bank, non-interest bearing loan purchase agreement, due August 2016 2,00,000 — 2,00,000 Bridge Aina Le'a, LLC, 12% interest, secured loan, due November 2018 140,00,000 32,836 139,67,164 Whales Point Fund LLP, non-interest bearing loan 3,50,000 — 3,50,000 First Insurance Funding, 6.75%/6.699% interest, due September 2016 and January 2017 16,492 — 16,492 Total $ 205,66,492 $ 9,54,013 $ 196,12,479 Long-Term Debt On July 24, 2015, we executed and closed on a two-year $12,000,000 construction loan with Romspen Investment Corporation, with the net proceeds available for operations and project development. The loan is secured by the Company’s interest in a portion of Phase 1 (parcel D-1-B-2), bears interest at 12.5% per annum, payable monthly, and required advance fees of $712,112 upon the first draw. The loan requires an interest reserve of $1,250,000 to be held by the lender. The loan is personally guaranteed by the Company's CEO. We closed on a portion of the 6% interest, five-year $34,000,000 term loan with Whales Point Fund LLP on September 30, 2016, which will be funded by the EB-5 investor program. The loan will be secured by a portion of Phase 1 (parcel D-1-B-2). Interest on advanced funds is due and payable quarterly. Following is a summary of the principal due and associated unamortized discount and debt issuance costs on long-term debt September 30, 2016 Principal Unamortized Discount and Debt Issuance Costs Net Long-Term Debt Romspen Investment Corporation, 12.5% interest, secured loan due July 2017 $ 96,24,181 $ 3,66,078 $ 92,58,103 Whales Point Fund LLP, 6% interest loan due September 30, 2021 10,00,000 2,502 9,97,498 Total $ 106,24,181 $ 3,68,580 $ 102,55,601 March 31, 2016 Principal Unamortized Discount and Debt Issuance Costs Net Long-Term Debt Romspen Investment Corporation, 12.5% interest, secured loan due July 2017 $ 78,63,125 $ 6,14,334 $ 72,48,792 |