COMMITMENTS, CONTINGENCIES AND CONCENTRATIONS | 3 Months Ended |
Mar. 31, 2014 |
Notes to Financial Statements | ' |
NOTE 9. COMMITMENTS, CONTINGENCIES AND CONCENTRATIONS | ' |
We are obligated under various operating leases for our facilities and certain equipment. The following is a schedule of approximate future minimum lease payments under operating leases having remaining terms in excess of one year as of March 31, 2014 for the calendar years ended December 31, 2014 and 2015 (in thousands): |
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2014 | | $ | 62 | | | | | | | | | | | | | | | | | | | | | |
2015 | | | 111 | | | | | | | | | | | | | | | | | | | | | |
Thereafter | | | 483 | | | | | | | | | | | | | | | | | | | | | |
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Total | | $ | 656 | | | | | | | | | | | | | | | | | | | | | |
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Rent expense approximated $12,000 and $45,000 for the three month periods ending March 31, 2014 and 2013 respectively. |
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We have a manufacturing agreement with our Bulgarian supplier which provides for certain contingent payments on our part if we terminate our arrangement prior to July 1, 2014. The remaining contingent liability for the calendar year ending December 31, 2014 is approximately $36,000. The agreement requires one year advance written notice of non-renewal. |
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Other future contractual obligations for agreements with initial terms greater than one year and agreements to purchase materials in the normal course of business are summarized as follows (in thousands): |
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Description | | Years Ending December 31, | |
| | 2014 | | | 2015 | | | 2016 | | | 2017 | | | 2018 | | | Thereafter | |
Employment agreements | | | 1,523 | | | | 1,411 | | | | 284 | | | | - | | | | - | | | | - | |
Purchase commitments | | | 3,099 | | | | - | | | | - | | | | - | | | | - | | | | - | |
Long-term debt | | | 180 | | | | 239 | | | | 239 | | | | 2,934 | | | | - | | | | - | |
Total | | $ | 4,802 | | | $ | 1,650 | | | $ | 523 | | | $ | 2,934 | | | $ | - | | | $ | - | |
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Litigation |
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Stockholder Derivative Action |
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In September 2011, the Company was served in a purported stockholder derivative action that was filed in the United States District Court for the Middle District of Florida against the Company and certain of its present and former officers and directors. The complaint asserts, among other things, breach of fiduciary duties and bad faith in relation to the management of the Company’s business. The complaint seeks, among other things, unspecified compensatory damages and various forms of equitable relief. The allegations in the derivative action appear to be based largely on the January 10, 2011 Livneh counterclaim. |
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On March 29, 2012, plaintiffs amended their complaint to remove one of the plaintiffs and replace it with another. The amended complaint asserted essentially the same allegations as the original filing. In May 2012, the Company, together with the individual defendants filed a motion to dismiss the plaintiff’s complaint based, in part, upon the plaintiff’s failure to make demand upon the board as required by applicable law. The motion was denied. |
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Since October 2013, the parties have been engaged in a Court-sanctioned mediation process. In the context of the mediation process, the parties have discussed the terms of a potential settlement, however, a definitive agreement has not been signed at this time. |
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In the normal course of business, we are subject, from time to time, to legal proceedings, lawsuits and claims. Such matters are subject to many uncertainties, and outcomes are not predictable with assurance. If any of these matters arise in the future, it could affect the operating results of any one or more quarters. |
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We expense costs of litigation related to contingencies in the periods in which the costs are incurred. |
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Concentrations |
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Our ten largest customers accounted for approximately 58.7% and 61.3% of net revenues for the three months ended March 31, 2014 and 2013 respectively. For the three months ended March 31, 2014, Arthrex, Inc. accounted for 10.1% of our sales, while for the same three month period ended in 2013, PSS World Medical accounted for 10.8% and McKesson Medical Surgical accounted for 10.6% of our sales. |