Quarterly report pursuant to Section 13 or 15(d)

Debt

v3.22.1
Debt
3 Months Ended
Mar. 31, 2022
Debt Disclosure [Abstract]  
Debt

NOTE 9—DEBT

The following table presents the details of the principal outstanding and unamortized discount (in thousands):

 

 

 

March 31,

 

 

December 31,

 

 

 

2022

 

 

2021

 

SWK Loan

 

$

14,300

 

 

$

14,300

 

EIDL Loan

 

 

150

 

 

 

150

 

Discount and debt issuance costs on SWK Loan

 

 

(784

)

 

 

(847

)

Total

 

 

13,666

 

 

 

13,603

 

Current term loans, net of discount

 

 

 

 

 

 

Non current term loans, net of discount

 

$

13,666

 

 

$

13,603

 

 

The Company recognized approximately $0.4 million and $0.6 million in interest expense for the three months ended March 31, 2022 and 2021, respectively. The weighted-average interest rate as of March 31, 2022 was 10.25%.

The future minimum principal and interest payments as of March 31, 2022 are as follows (in thousands):

 

 

 

Principal

 

 

Interest (1)

 

Remainder of 2022

 

$

 

 

$

1,113

 

2023

 

 

2,100

 

 

 

1,440

 

2024

 

 

2,800

 

 

 

1,170

 

2025

 

 

9,400

 

 

 

1,859

 

2026

 

 

 

 

 

9

 

2027 and thereafter

 

 

150

 

 

 

89

 

Total future payments

 

$

14,450

 

 

$

5,680

 

 

 

 

 

 

 

 

(1) Estimated using London Interbank Bank Offered Rate (“LIBOR”) as of March 31, 2022

 

 

 

 

 

 

Term Loan

On November 9, 2018, the Company entered into a five-year secured Credit Agreement (the “Credit Agreement”) with SWK Funding LLC (“SWK”), pursuant to which the Company has borrowed $14.3 million (“SWK Loan”) as of March 31, 2022. The Company’s obligations under the Credit Agreement are secured by substantially all of the Company’s assets. Under the terms of the Credit Agreement and subsequent amendments as discussed in the Company’s 2021 Form 10-K, repayment of the SWK Loan is interest-only through May 2023, paid quarterly with the option to extend the interest-only period. Principal repayments begin in May 2023 and will be approximately $0.7 million quarterly until the SWK Loan matures in May 2025. The loan bears interest of 9% plus a LIBOR floor of 1.25% or another index that approximates LIBOR as close as possible if and when LIBOR no longer exists.

As of March 31, 2022, the Company was in compliance with debt covenants of the Credit Agreement.

EIDL Loan

On May 22, 2020, the Company executed the standard loan documents required for securing a loan (the “EIDL Loan”) from the SBA under its Economic Injury Disaster Loan assistance program in light of the impact of the COVID-19 pandemic on the Company’s business. The principal amount of the EIDL Loan is $150,000, with proceeds to be used for working capital purposes. Interest on the EIDL Loan accrues at the rate of 3.75%, per annum and installment payments, including principal and interest, are due monthly beginning in July 2021 and are payable through July 2050. In April 2021, the SBA announced that it was extending the first payment due date for all loans until 2022, or 24 months from the loan execution date. In March 2022, the SBA announced that it was extending the first payment due date for all loans an additional six months, or 30 months from the loan execution date. The Company is obligated to begin making payments on the EIDL Loan starting in November 2022. Fixed payments are first applied to any accrued interest.

Pacific Mercantile Bank

On October 28, 2019, the Company entered into a loan and security agreement (the “Loan Agreement”) with Pacific Mercantile Bank, as lender (“PMB”), which provides for a revolving line of credit (the “PMB Loan”) in a maximum principal amount not to exceed the lesser of (i) $3 million or (ii) the sum of 90% of the Eligible Accounts (as defined in the Loan Agreement) plus 75% of the Eligible Inventory (as defined in the Loan Agreement, and subject to certain limitations set forth therein); provided that the maximum principal amount of the PMB Loan may be reduced from time to time in PMB’s good faith business judgment as set forth in the Loan Agreement. Borrowings under the PMB Loan may be used for working capital. The PMB Loan matured on October 28, 2021

As of March 31, 2021 the Company had no borrowings outstanding and unused availability under the PMB Loan of approximately $2.2.

Paycheck Protection Program Loan

On April 14, 2020, we were granted a loan (the “PPP Loan”) under the Paycheck Protection Program from PMB in the aggregate amount of $2,980,000, pursuant to the Paycheck Protection Program under the CARES Act.

The PPP Loan, which was in the form of a note dated April 13, 2020 issued by BIOLASE, had a maturity date of April 13, 2022 and bore interest at a rate of 1.0% per annum. Interest was payable monthly commencing on November 1, 2020. Funds from the PPP Loan could only be used for payroll costs, costs used to continue group health care benefits, mortgage payments, rent, utilities, and interest on other debt obligations incurred before February 15, 2020. Under the terms of the PPP Loan, certain amounts of the PPP Loan could be forgiven if they are used for qualifying expenses as described in the CARES Act.

During 2020, the Company requested forgiveness in accordance with the application requirements.

In June 2021, the Company received a reply to its request, and the PPP Loan along with all accrued interest was forgiven by the SBA. The amount of loan forgiveness is presented as a component of non-operating (gain) loss on the Company's consolidated statement of operations for the year ended December 31, 2021. The SBA may undertake a review of a loan of any size during the six-year period following forgiveness of the loan. The review may include the loan forgiveness application, as well as whether the Company received the proper loan amount. There can be no assurance as to the result of any such SBA review.