Quarterly report pursuant to Section 13 or 15(d)

Commitments and contingencies

Commitments and contingencies
9 Months Ended
Sep. 30, 2018
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 September 30, 2018:


2018 (remaining)   $ 5,601  
2019     22,402  
2020     22,402  
2021     7,468  
Less interest     (7,426 )
Principal     50,447  
Less current portion     (18,943 )
Noncurrent portion   $ 31,504  


Operating Leases


In 2015, the Company recorded a $590,504 contingent lease termination fee of the master lease and sublease of 3165 Porter Drive in Palo Alto, California, which was payable to ARE-San Francisco No. 24 (“ARE”), if the Company received $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 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 on February 28, 2022, 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.


The Company recognized rent expense on a straight-line basis over the term of the lease.


During the three and nine months ended September 30, 2018, the Company recorded rent expense of $115,238 and $345,714, respectively.


Minimum future annual operating lease obligations are as follows as of September 30, 2018:


2018 (remaining)   $ 151,204  
2019     466,085  
2020     480,068  
2021     494,470  
2022     41,306  
Total   $ 1,633,133  


Legal Proceedings


See Item 1 of Part II “Other Information” and Note 12 “Subsequent Events” for a discussion of legal proceedings.