Quarterly report pursuant to Section 13 or 15(d)

Commitments and contingencies

Commitments and contingencies
6 Months Ended
Jun. 30, 2017
Notes to Financial Statements  
Commitments and contingencies

Capital Leases


On March 21, 2016, the Company entered into a lease agreement with ThermoFisher Scientific (“Lessor”).  Under the terms of the agreement, the Company agreed to lease two pieces of equipment from the Lessor, a liquid chromatography system and an incubator, totaling in cost of $95,656.  The term of the lease is five years (60 months), and the monthly lease payment is $1,942. In addition, there is a $1.00 buyout option at the end of the lease term.


Minimum future annual capital lease obligations are as follows as of June 30, 2017:


2017 (remaining)   $ 11,652  
2018     23,306  
2019     23,306  
2020     23,306  
2021     7,769  
Less interest     (12,548 )
Principal     76,791  
Less current portion     (17,726 )
Noncurrent portion   $ 59,065  


Operating Leases


In connection with the Merger, the Company recorded a $590,504 contingent lease termination fee, in connection with the termination by MabVax (f.k.a. Telik, Inc.) of the master lease and sublease of 3165 Porter Drive in Palo Alto, California, which is payable to ARE-San Francisco No. 24, if the Company receives $15 million or more in additional financing in the aggregate. The additional financing was achieved in 2015 and the termination fee is reflected on the condensed consolidated balance sheet as an accrued lease contingency fee.


On September 2, 2015, the Company entered into a lease (the “Lease”) with AGP Sorrento Business Complex, L.P., for certain premises of office and laboratory space in buildings located at 11535 Sorrento Valley Rd., San Diego, California, to serve as the Company’s corporate offices and laboratories (the “New Premises”).  Because certain tenant improvements needed to be made to the New Premises before the Company could take occupancy, the term of the Lease did not commence until the New Premises were ready for occupancy, which was on February 4, 2016.  The Lease terminates six years after such term commencement date, unless earlier terminated in accordance with the Lease. Pursuant to the terms of the Lease, the monthly base rent is $35,631, subject to annual increases as set forth in the Lease.


The Company has an option to extend the Lease term for a single, five-year period.  If the Lease term is extended for the optional five-year period, the monthly base rent will be adjusted based on fair market rental value.  In addition to rent, the Company agreed to pay a portion of the taxes and utility, maintenance and other operating costs paid or accrued in connection with the ownership and operation of the property.


During the three and six months ended June 30, 2017, the Company recorded rent expense of $115,238 and $230,472, respectively, and the three and six months ended June 30, 2016 the Company recorded rent expense of $115,238 and $202,921, respectively.


Minimum future annual operating lease obligations are as follows as of June 30, 2017:



2017 (remaining)   $ 220,199  
2018     451,409  
2019     464,951  
2020     478,900  
2021     493,267  
Thereafter     82,612  
Total   $ 2,191,338