Annual report pursuant to Section 13 and 15(d)

Notes Payable

v3.7.0.1
Notes Payable
12 Months Ended
Dec. 31, 2016
Debt Disclosure [Abstract]  
Notes Payable

7. NOTES PAYABLE

 

    December 31, 2016     December 31, 2015     September 30, 2015  
Vendors Notes (Unsecured)                        
Long term vendor Notes (“Vendor Notes”) issued to settle litigation bearing interest rates between 0% and 6% per annum. Terms range from 1 to 48 months.   $ 1,336,517     $ 491,000     $ 383,970  
                         
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  
                         
Other Notes Payable                        
Notes payable bearing interest at a stated rate of 12% and a 4% PIK per annum. Term is for 7 months.     5,094,116       -       -  
Less: Deferred financing cost     (926,343 )     -       -  
Total other note payable, net     4,167,773       -       -  
                         
Notes Payable bearing interest at a stated rate between 10% and 12% per annum. Terms range from 1 to 12 months     2,000,000       709,000       709,000  
                         
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.     960,549       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     1,508,758       1,298,978       884,108  
Total Notes Payables     9,973,597       3,459,183       5,866,673  
Less: Current portion     (7,611,335 )     (1,887,120 )     (1,295,271 )
Total Notes non-current portion   $ 2,362,262     $ 1,572,063     $ 4,571,402  
                         
Senior Debt Disclosure                        
On October 28, 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.   $ 8,378,512     $ 8,048,682     $    
Less: Original issue discount     (182,242 )     (400,932 )     -  
Less: Deferred financing cost     (619,830 )     (801,640 )     -  
Total Senior Debt, non-current portion   $ 7,576,440     $ 6,846,110     $ -  

 

The required principal payments for all borrowings for each of the five years following the balance sheet date are as follows:

 

2017     $ 8,357,143  
2018       963,176  
2019       9,341,899  
2020       512,551  
2021       238,381  
Thereafter       63,614  
Total     $ 19,476,764