Long-Term Debt, Net | Long-term debt, net, which represents the outstanding principal and interest of long-term debt less associated debt issue costs, consisted of the following for the periods indicated: March 31, 2016 December 31, 2015 Debt Issue Long-Term Debt Issue Long-Term Principal Costs Debt, Net Principal Costs Debt, Net First Term Loan Due 2034 24,464,586 (1,601,787 ) 22,862,799 24,643,081 (1,623,810 ) 23,019,271 Second Term Loan Due 2034 9,926,704 (757,572 ) 9,169,132 10,000,000 (767,672 ) 9,232,328 Notre Dame Debt 1,300,000 - 1,300,000 1,300,000 - 1,300,000 Term Loan Due 2017 739,974 - 739,974 924,969 - 924,969 Capital Leases 262,972 - 262,972 304,618 - 304,618 $ 36,694,236 $ (2,359,359 ) $ 34,334,877 $ 37,172,668 $ (2,391,482 ) $ 34,781,186 Less: Long-term debt less unamortized debt issue costs, current portion (32,942,090 ) (1,934,932 ) $ 1,392,787 $ 32,846,254 Accrued interest related to our long-term debt, net (reflected as interest payable, current portion and long-term interest payable, net of current portion in our consolidated balance sheets) consisted of the following for the periods indicated: March 31, December 31, 2016 2015 Notre Dame Debt 1,534,661 1,482,801 First Term Loan Due 2034 45,894 34,883 Second Term Loan Due 2034 34,630 39,193 Term Loan Due 2017 4,779 4,779 Capital Leases 2,255 2,612 $ 1,622,219 $ 1,564,268 Less: Interest payable, current portion (87,558 ) (81,467 ) $ 1,534,661 $ 1,482,801 First Term Loan Due 2034 pursuant to a term loan in the principal amount of $25.0 million As of March 31, 2016, LE was in violation of the debt service coverage ratio and the current ratio financial covenants under the First Term Loan Due 2034. Accordingly, the First Term Loan Due 2034 has been classified within the current portion of long-term debt, on our consolidated balance sheets. See Note (1) Organization Operating Risks of this Quarterly Report for additional disclosures related to Sovereign and the First Term Loan Due 2034. As a condition of the First Term Loan Due 2034, Jonathan Carroll was required to guarantee r epayment Proceeds of the First Term Loan Due 2034 were used to refinance approximately $8.5 million of debt owed to American First National Bank under the Refinery Note. Remaining proceeds are being used primarily to construct new petroleum storage tanks. The First Term Loan Due 2034 is secured by: (i) a first lien on all Nixon Facility business assets (excluding accounts receivable and inventory), (ii) assignment of all Nixon Facility contracts, permits, and licenses, (iii) absolute assignment of Nixon Facility rents and leases, including tank rental income, (iv) a $1.0 million payment reserve account held by Sovereign, and (v) a pledge of $5.0 million of a life insurance policy on Jonathan Carroll. The First Term Loan Due 2034 contains representations and warranties, affirmative, restrictive, and financial covenants, as well as events of default which are customary for credit facilities of this type. Second Term Loan Due 2034 As of March 31, 2016, LRM was in violation of the debt service coverage ratio and the current ratio financial covenants under the Second Term Loan Due 2034. Accordingly, the Second Term Loan Due 2034 has been classified within the current portion of long-term debt on our consolidated balance sheets. See Note (1) Organization Operating Risks of this Quarterly Report for additional disclosures related to Sovereign and the Second Term Loan Due 2034. As a condition of the Second Term Loan Due 2034, Jonathan Carroll was required to guarantee repayment of funds borrowed and interest accrued under the loan. For his personal guarantee, LRM entered into a Guaranty Fee Agreement with Jonathan P. Carroll whereby he receives a fee equal to 2.00% per annum, paid monthly, of the outstanding principal balance owed under the Second Term Loan Due 2034. For the three months ended March 31, 2016 and 2015, guaranty fees related to the Second Term Loan Due 2034 totaled $49,747 and $0, respectively. Guaranty fees are recognized monthly as incurred and are included in interest and other expense in our consolidated statements of operations. LEH, LE and Blue Dolphin also guaranteed the Second Term Loan Due 2034. See Note (8) Accounts Payable, Related Party of this Quarterly Report for additional disclosures related to LEH and Jonathan Carroll. Proceeds of the Second Term Loan Due 2034 were used to refinance a previous bridge loan to Sovereign in the amount of $3.0 million. Remaining proceeds are being used primarily to construct additional new petroleum storage tanks at the Nixon Facility. The Second Term Loan Due 2034 is secured by: (i) a second priority lien on the rights of LE in the Nixon Facility and the other collateral of LE pursuant to a security agreement; (ii) a first priority lien on the real property interests of LRM; (iii) a first priority lien on all of LRMs fixtures, furniture, machinery and equipment; (iv) a first priority lien on all of LRMs contractual rights, general intangibles and instruments, except with respect to LRMs rights in its leases of Tanks 62, 63, and 80, with respect to which Sovereign will have a second priority lien in such leases subordinate to a prior lien granted by LRM to Sovereign to secure obligations of LRM under the Term Loan Due 2017; and (v) all other collateral as described in the security documents. The Second Term Loan Due 2034 contains representations and warranties, affirmative, restrictive, and financial covenants, as well as events of default which are customary for credit facilities of this type. Notre Dame Debt The Notre Dame Debt is secured by a Deed of Trust, Security Agreement and Financing Statements (the Subordinated Deed of Trust), which encumbers the Nixon Facility and general assets of LE. There are no financial maintenance covenants associated with the Notre Dame Debt. Pursuant to a Subordination Agreement dated June 2015, the holder of the Notre Dame Debt agreed to subordinate any security interest and liens on the Nixon Facility, as well as its right to payments, in favor of Sovereign as holder of the First Term Loan Due 2034. See Note (19) Commitments and Contingencies Genesis Agreements of this Quarterly Report for additional disclosures related to the Genesis Agreements. Term Loan Due 2017 As a condition of the Term Loan Due 2017, Jonathan Carroll was required to guarantee r epayment The proceeds of the Term Loan Due 2017 were used primarily to finance costs associated with refurbishment of the Nixon Facilitys naphtha stabilizer and depropanizer units. The Term Loan Due 2017 is: (i) subject to a financial maintenance covenant pertaining to debt service coverage ratio and (ii) secured by the assignment of certain leases of LRM and certain assets of LEH. See Note (8) Accounts Payable, Related Party of this Quarterly Report for additional disclosures related to LEH and Jonathan Carroll. Capital Leases A summary of equipment held under long-term capital leases for the periods indicated follows: March 31, December 31, 2016 2015 Boiler equipment $ 538,598 $ 538,598 Less: accumulated depreciation - - $ 538,598 $ 538,598 |