COMMITMENTS AND CONTINGENCIES | 7. COMMITMENTS AND CONTINGENCIES Operating Leases As of March 31, 2022, the Company leases office and laboratory facilities under operating leases, which expire at various dates through 2027 . As part of its adoption of ASC 842, the Company recorded operating right-of-use assets and operating lease liabilities for these leases as of January 1, 2022. On May 14, 2021, the Company commenced a lease for approximately 10,082 square feet at 451 D Street in Boston, MA. This serves as the Company’s principal executive and administrative offices as well as laboratory space. The Company will pay a base monthly rent in the amount of $ 69 thousand during the first 12 months of the lease. Base monthly rent will increase annually, over the base monthly rent then in effect, by 3 %. On October 1, 2021, the Company commenced a lease for additional space of approximately 4,258 square feet at 451 D Street in Boston, MA. The Company will pay a base monthly rent in the amount of $ 33 thousand during the first 12 months of the lease. Base monthly rent will increase annually, over the base monthly rent then in effect, by 3 %. The lease terms for both leases at 451 D Street in Boston expire on September 30, 2026 , with a one-time option to renew for a period of five years . The renewal periods are not included in the measurement of these leases as the Company is not reasonably certain of exercising them. Both leases are secured with a letter of credit for $ 628 thousand. On November 1, 2020, the Company commenced a lease for approximately 7,643 square feet of space at 1405 Research Blvd in Rockville, MD. This serves primarily as laboratory space. The Company paid a base monthly amount of $ 25 thousand during the first 12 months. Base monthly rent will increase annually, over the base monthly rent then in effect, by 3 %. The lease is secured with a letter of credit for $ 50 thousand and the term expires on February 28, 2027 . Finance Leases The Company leases research equipment and furniture under finance leases. As part of its adoption of ASC 842, the Company recorded financing right-of-use assets and financing lease liabilities for these leases as of January 1, 2022. On April 20, 2021, the Company entered into a finance lease agreement with a third-party company related to various research equipment and furniture, which included the Company selling specific equipment for $ 293 thousand, resulting in a gain on the sale of $ 20 thousand, and leasing it back for a four-year period. The associated lease facility includes up to $ 5 million for the purchase of equipment on an as needed basis. As of March 31, 2022, the Company had $ 2.7 million available for purchases under this arrangement. The Company has an option to purchase the equipment at fair market value, not to exceed 15 % of the original equipment cost, or to renew the lease for an additional one - or two-year period at a mutually agreed upon rate. On September 27, 2021, the Company commenced a lease for various research equipment. The terms of the four-year lease specify a monthly payment of $ 13 thousand, with the option to purchase the equipment for fair market value, to be determined by the lessor, at the end of the lease. The following table contains a summary of the lease costs recognized under ASC 842 pertaining to the Company’s finance and operating leases for the three months ended March 31, 2022 (in thousands): Three Months Ended March 31, 2022 Lease Cost: Amortization of finance right-of-use assets $ 177 Interest on finance lease liabilities 46 Operating lease cost 414 Variable lease cost 173 Total lease costs $ 810 The following table contains a summary of other information pertaining to the Company’s finance and operating leases for the three months ended March 31, 2022 (in thousands, except lease term and discount rate): Three Months Ended March 31, 2022 Other Operating Lease Information: Operating cash flows for operating leases $ 392 Operating cash flows for finance leases $ 46 Financing cash flows from finance leases $ 133 Weighted average remaining lease term Operating leases 4.6 years Financing leases 3.7 years Weighted average discount rate Operating leases 7.6 % Financing leases 8.3 % The following table presents supplemental balance sheet information related to operating and financing leases as of March 31, 2022 (in thousands): March 31, Operating leases Right-of-use assets $ 6,267 Right-of-use lease liabilities, current $ 1,160 Right-of-use lease liabilities, noncurrent 5,278 Total operating lease liabilities $ 6,438 Financing leases Right-of-use assets, net $ 2,551 Right-of-use lease liabilities, current $ 786 Right-of-use lease liabilities, noncurrent 1,846 Total financing lease liabilities $ 2,632 The following table presents the maturity of the Company’s operating and finance lease liabilities as of March 31, 2022 (in thousands): Operating Financing Remainder of 2022 $ 1,196 $ 609 2023 1,628 812 2024 1,640 714 2025 1,689 683 2026 1,413 80 Thereafter 59 — Total future minimum lease payments $ 7,625 $ 2,898 Less amount representing interest 1,187 266 Total lease liabilities $ 6,438 $ 2,632 The following table presents operating lease commitments as reflected under ASC 840 as of December 31, 2021 (in thousands): Operating 2022 1,585 2023 1,606 2024 1,641 2025 1,689 2026 1,413 2027 59 Total operating lease obligations $ 7,993 The following table presents finance lease commitments as reflected under ASC 840 as of December 31, 2021 (in thousands): Financing 2022 $ 699 2023 674 2024 674 2025 553 2026 47 Total capital lease obligations 2,647 Less amount representing interest ( 293 ) Present value of minimum capital lease obligations $ 2,354 License Agreements In the normal course of business, the Company enters into licensing agreements with various parties to obtain the right to make, use, and sell licensed products currently in development. Litigation The Company records estimated losses from loss contingencies, such as a loss arising from a litigation, when it determines that it is probable a liability has been incurred and the amount of loss can be reasonably estimated. Litigation is subject to many factors that are difficult to predict so that there can be no assurance, in the event of a material unfavorable result in one or more claims, the Company will not incur material costs. During 2017, the Company became actively involved in a matter pending in the Ontario (Canada) Superior Court of Justice which names, among multiple other defendants, the Company and two former officers of the Company. The claims pending in this matter allege breach of contract by the Company and seek declaratory and other relief, including monetary damages from the Company, and the individual defendants, including the Company’s former officers. The claims by such plaintiffs were originally made in a lawsuit filed in Ontario during October 2011, but was not pursued by such plaintiffs in any material manner until 2017. The Company believes that there is no merit to the claims alleged against the Company and its former officers, including no alleged breach of contract by the Company, and intends to vigorously defend against the claims pertaining to the Company and its former officers. At the present stage of the suit, management believes the outcome in this matter is not likely to have any material impact on the Company’s results, cash flows, or financial position. Coronavirus pandemic On January 30, 2020, the World Health Organization ("WHO") announced a global health emergency because of a new strain of coronavirus originating in Wuhan, China and the risks to the international community as the virus spreads globally beyond its point of origin. In March 2020, the WHO classified the COVID-19 outbreak as a pandemic, based on the rapid increase in exposure globally. The full impact of the COVID-19 pandemic continues to evolve as of the date of these financial statements. As such, it is uncertain as to the full magnitude that the pandemic will have on the Company’s financial condition, liquidity, and future results of operations. Management is actively monitoring the global situation on its financial condition, liquidity, operations, suppliers, industry, and workforce. Given the daily evolution of the COVID-19 pandemic and the global responses to curb its spread, the Company is not able to estimate the effects of the COVID-19 pandemic on its results of operations, financial condition, or liquidity. Although the Company cannot estimate the length or gravity of the impact of the COVID-19 pandemic at this time, if the pandemic continues, it may have a material adverse effect on the Company’s results of future operations, financial position, and liquidity during the remainder of 2022 and beyond. |