Leases | 17. Leases As of December 31, 2020 and June 30, 2021, the Company’s contracts that contained a lease consisted primarily of real estate, equipment and vehicle leases. The Company leases real estate for office, lab and production space under noncancelable operating and finance leases that expire at various dates through 2031, subject to the Company’s options to terminate or renew certain leases for an additional five The Company leases vehicles under operating leases for certain employees and has fleet services agreements for service on these vehicles. The minimum lease term for each newly leased vehicle is 367 days with renewal options. The Company may terminate the vehicle lease after the minimum lease term upon thirty days’ prior notice. The Company also leases other equipment under noncancelable operating and finance leases that expire at various dates through 2025. The Company determines if an arrangement is a lease at lease inception. The options to extend or terminate a lease are included in the lease terms when it is reasonably certain that the Company will exercise the options. Operating leases are included in operating lease right-of-use assets lease right-of-use assets Right-of-use assets leases. Right-of-use assets The right The Company records rent expense for its operating leases on a straight-line basis from the lease commencement date until the end of the lease term. The Company records finance lease cost as a combination of the depreciation expense for the right-of-use assets initial right-of-use assets In August 2020, the Company entered into a lease for approximately 23,000 square feet in San Diego, California for office and laboratory use. The lease commenced on April 1, 2021. The initial lease term is ten years from the lease commencement date, with an option to extend the term for a period of five years. Annual lease payments during the first year are $1,562 with 3% increase each year during the lease term. A security deposit of $237 is required throughout the term of the lease. In conjunction with the acquisition of NuTech Medical in March 2017, the Company entered into an operating lease with Oxmoor Holdings, LLC, an entity that is affiliated with the former sole shareholder of NuTech Medical, related to the facility at NuTech Medical’s headquarters in Birmingham, Alabama. Under the lease, the Company is required to make monthly rent payments of approximately $22 through the lease termination date on December 31, 2022. On January 1, 2013, the Company entered into finance lease arrangements with 65 Dan Road SPE, LLC, 85 Dan Road Associates, LLC, Dan Road Equity I, LLC and 275 Dan Road SPE, LLC for office and laboratory space in Canton, Massachusetts. 65 Dan Road SPE, LLC, 85 Dan Road Associates, LLC, Dan Road Equity I, LLC and 275 Dan Road SPE, LLC are related parties as the owners of these entities are also stockholders of the Company. The leases terminate on December 31, 2022 and each contains a renewal option for a five-year period with the rental rate at the greater of (i) rent for the last year of the prior term, or (ii) the then fair market value. Notice of the exercise of this renewal option is due one year prior to the expiration of the initial term. Aggregate annual lease payments are approximately $4,308 with future rent increases of 10% effective January 1, 2022. As of June 30, 2021 and December 31, 2020, the Company owed an aggregate of $10,336 of accrued but unpaid lease obligations, which are subordinated to the 2019 Credit Agreement and will not be paid until the debt under the 2019 Credit Agreement is paid off in 2024 even though the finance leases expire in December 2022. The accrued but unpaid lease obligations include rent in arrears and unpaid operating and common area maintenance costs under the aforementioned leases. The principal portion of rent in arrears on the finance leases totaled $7,307 and $6,946 as of June 30, 2021 and December 31, 2020, respectively, and is included in the long-term portion of finance lease obligations. The interest portion of rent in arrears totaled $2,475 and $2,865 as of June 30, 2021 and December 31, 2020, respectively, and is included in other liabilities on the consolidated balance sheets. The unpaid operating and common area maintenance costs totaled $554 and $525 as of June 30, 2021 and December 31, 2020, respectively, and are included in other liabilities on the consolidated balance sheets. Effective April 1, 2019, the Company agreed to accrue interest on the accrued but unpaid lease obligations at an interest rate equal to the rate charged in the 2019 Credit Agreement (see Note “13. Long-Term Debt Obligations”). The accrued interest is also subordinated to the 2019 Credit Agreement and, as such, is included in other liabilities on the consolidated balance sheet. Interest accrual as of June 30, 2021 and December 31, 2020 totaled $2,151 and $1,673, respectively. The components of lease cost were as follows: Classification Three June 30, Six Months June 30, Finance lease Amortization of right-of-use COGS and SG&A $ 304 $ 603 Interest on lease liabilities Interest Expense 312 661 Total Finance lease cost 616 1,264 Operating lease cost COGS, R&D, SG&A 1,735 3,015 Short-term lease cost COGS, R&D, SG&A 699 1,414 Variable lease cost COGS, R&D, SG&A 1,086 2,449 Total lease cost $ 4,136 $ 8,142 Supplemental balance sheet information related to finance leases was as follows: June 30, 2021 January 1, 2021 Property and equipment, gross $ 22,989 $ 22,989 Accumulated depreciation (15,578 ) (14,974 ) Property and equipment, net $ 7,411 $ 8,015 Current portion of finance lease obligations $ 4,134 $ 3,619 Finance lease long-term obligations 9,553 11,442 Total finance lease liabilities $ 13,687 $ 15,061 Supplemental cash flow Six Months Ended June 30, 2021 Cash paid for amounts included in the measurement of lease liabilities: Operating cash flows for operating leases 3,228 Operating cash flows for finance leases 1,022 Financing cash flows for finance leases 1,374 Right-of-use Operating leases 13,525 Finance leases — Right-of-use Operating leases 15,567 Finance leases — June 30, 2021 Weighted-average remaining lease term Finance leases 1.49 Operating leases 8.27 June 30, 2021 Weighted-average discount rate Finance leases 19.69 % Operating leases 4.19 % As of June 30, 2021, maturities of lease liabilities were as follows: Operating Finance leases 2021 (remaining 6 months) $ 3,319 $ 2,390 2022 4,507 4,945 2023 3,845 — 2024 3,177 9,782 2025 3,164 — Thereafter 16,341 — Total lease payments 34,353 17,117 Less: interest (5,625 ) (3,430 ) Total lease liabilities $ 28,728 $ 13,687 Under ASC 840, for the three and six months ended June 30, 2020, the Company recorded lease expense of $1,837 and $3,351, respectively for operating leases. |