Commitments and Contingency | 3 Months Ended |
Sep. 30, 2013 |
Commitments and Contingencies Disclosure [Abstract] | ' |
Commitments and Contingency | ' |
NOTE 11 — Commitments and Contingencies |
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Operating Lease |
The Company operates its headquarters under a non-cancelable operating lease which provides for the lease by the Company of approximately 37,100 square feet of space in Newark, California. On December 28, 2012, the Company amended its commercial building lease agreement to extend the term of the lease to June 30, 2022. The base rent under the facilities lease was $29,705 per month for the period from July 1, 2012 through June 30, 2013. The base rent increased 4% to $30,893 beginning July 1, 2013 through June 30, 2014. The base rent increases annually thereafter at a rate of four percent per year for the remaining term of the lease ending June 30, 2022. |
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Future minimum lease payments under all operating leases are as shown below: |
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Annual minimum payments: | | Amount |
| 2013 (October 1, 2013 to December 31, 2013) | | | $ | 92,679 | |
| 2014 | | | | 378,130 | |
| 2015 | | | | 393,255 | |
| 2016 | | | | 408,986 | |
| 2017 to 2022 | | | | 2,557,481 | |
| Total minimum payments | | | $ | 3,830,531 | |
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Rental expense under all operating leases for the three and nine month periods ended September 30, 2013 was $106,439 and $320,289, respectively. Rental expense under all operating leases for the three and nine month periods ended September 30, 2012 was $93,166 and $276,795, respectively. The amount of deferred rent at September 30, 2013 and December 31, 2012 was $218,244 and $179,527, respectively. |
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Capital Lease Obligations |
The Company leases certain of its equipment under capital leases. The leases are collateralized by the underlying assets. At September 30, 2013 and December 31, 2012, property and equipment with a cost of $87,946 and $73,275, respectively, were subject to such financing arrangements. Related accumulated amortization at September 30, 2013 and December 31, 2012, amounted to $23,640 and $8,380, respectively. |
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Future minimum payments under capital lease and equipment financing arrangements as of September 30, 2013, are as follows: |
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Annual minimum payments: | | Amount | | |
2013 (October 1, 2013 to December 31, 2013) | | $ | 6,379 | | | |
2014 | | | 25,516 | | | |
2015 | | | 25,516 | | | |
2016 | | | 11,442 | | | |
Total minimum payments | | | 68,853 | | | |
Less amount representing interest | | | (4,548 | ) | | |
Present value of net minimum payments | | | 64,305 | | | |
Short term portion of capital leases | | | (22,836 | ) | | |
Long term portion of capital leases | | $ | 41,469 | | | |
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Legal Matters |
The Company is subject to disputes, claims, requests for indemnification and lawsuits arising in the ordinary course of business. Under the indemnification provisions of the Company’s customer agreements, the Company routinely agrees to indemnify and defend its customers against infringement of any patent, trademark, copyright, trade secrets, or other intellectual property rights arising from customers’ legal use of the Company’s products or services. The exposure to the Company under these indemnification provisions is generally limited to the total amount paid for the indemnified products. However, certain indemnification provisions potentially expose the Company to losses in excess of the aggregate amount received from the customer. To date, there have been no claims against the Company by its customers pertaining to such indemnification provisions, and no amounts have been recorded. |
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On October 9, 2013, Hudson Bay Master Fund Ltd. filed a complaint in the United States District Court for the Northern District of Illinois, Eastern Division, alleging that the Company had triggered anti-dilution provisions of its warrant and was entitled to adjustment of the exercise price and the number of shares. The warrant was issued on November 19, 2010 for 500,000 shares at an exercise price of $2.44 per share. The Company is evaluating the claim. |