Transition report pursuant to Rule 13a-10 or 15d-10

NOTES PAYABLE

v3.3.1.900
NOTES PAYABLE
3 Months Ended
Dec. 31, 2015
Debt Disclosure [Abstract]  
Debt Disclosure [Text Block]
6.
NOTES PAYABLE
 
 
 
December 31,
 
September 30,
 
 
 
2015
 
2015
 
 
 
 
 
 
 
 
 
Vendors Notes (Unsecured)
 
 
 
 
 
 
 
 
 
 
 
Short term vendor Note issued on December 31, 2013 at a stated interest rate of 5% per annum. The Company issued 539,925 shares of its common stock on October 27, 2015 to pay this note in full.
 
$
-
 
$
130,970
 
Short term vendor Notes (“Vendor Notes”) issued during August 2013 and December 2015 at a stated interest rate of 0% per annum. Terms range from 4 to 12 months. The Company issued 6,250 shares of its series F preferred stock on November 16, 2015 to settle a $25,000 note in full. All other notes are past due.
 
 
78,000
 
 
103,000
 
Non-interest bearing note issued during July 2015 to settle litigation. The note is payable in monthly installments from September 2015 to November 2016.
 
 
125,000
 
 
150,000
 
Vendor Note issued On November 20, 2015 to settle litigation, at a stated interest of 6% per annum. The note is payable in 84 monthly installments of $3,652.14 from January 2016 to December 2022.
 
 
250,000
 
 
-
 
Vendor note issued on may 1, 2015 to settle litigation, with a 0% interest rate. The note is payable in 20 monthly payments of $2,000.00 from October 1, 2015 to February 1, 2017.
 
 
38,000
 
 
-
 
 
Senior Secured Notes
 
 
 
 
 
 
 
 
 
 
 
 
Senior secured notes issued between October 2011 and January 2012, secured by the assets of the Company, at a stated interest rate of 15%. The senior notes were settled for cash at an approximate rate of $.50 for $1.00. Of the original senior debt balance of $3,550,012, $1,757,731 was paid in cash, resulting in a remaining principal balance of $1,792,281, plus accrued interest payable in the amount of $1,748,380. The remaining principal balance and all of the accrued interest were recognized as a one time gain of $3,431,533, net of associated costs of $109,124.
 
-
 
 
3,550,012
 
 
Equipment Notes
 
Obligations under capital leases, bearing interest rates between 4.1% and 8.2% per annum, secured by equipment having a value that approximates the debt value. Terms range from 48 to 60 months.
 
 
960,205
 
 
339,583
 
Various Equipment notes, bearing interest rates between 2% and 41% per annum, secured by equipment having a value that approximates the debt value. Terms range from 36 to 72 months
 
 
1,298,978
 
 
884,108
 
 
Other Notes Payable
 
Bridge note bearing interest at a stated rate of 10% per annum, issued on November 15,2007, one-half payable 60 days following the consummation of the Merger, and the remainder due in 12 monthly installments beginning the following month; convertible into shares of the Company’s common stock at a conversion price equal to the greater of $0.50 per share or a 10% discount to the 10 day Volume Weighted Average Price of the Company’s common stock. The note is past due.
 
 
100,000
 
 
100,000
 
Bridge note bearing interest at a stated rate of 12% per annum, issued on June 29, 2012, due 24 months from date of issuance. The note is past due.
 
 
609,000
 
 
609,000
 
Total Notes Payables
 
$
3,459,183
 
$
5,866,673
 
Less: Current portion
 
$
(1,887,120)
 
$
(1,295,271)
 
Total Notes non-current portion
 
$
1,572,063
 
$
4,571,402
 
 
Senior Debt Disclosure
 
On October 29, 2015 the Company entered into a credit agreement, pursuant to which the Company received $8,000,000. The funds were disbursed as follow $6,000,000 and $2,000,000 on October 28, 2015 and November 11,2015 respectively. The interest rate used is 12% per annum, also required to make 4% PIK payments, which is booked monthly as an increase to the senior debt balance.
 
$
8,048,682
 
$
-
 
Less: Original issue discount
 
 
(400,932)
 
 
-
 
Less: Deferred financing cost
 
 
(801,640)
 
 
-
 
Total Senior Debt, non-current portion
 
$
6,846,110
 
$
-