Annual report pursuant to Section 13 and 15(d)

Commitments and Contingencies

Commitments and Contingencies
12 Months Ended
Jun. 30, 2021
Commitments and Contingencies Disclosure [Abstract]  
Commitments and contingencies

Note 12. Commitments and contingencies




The Company leases office space and office equipment in Huntersville, NC as well as equipment in Canandaigua, NY. On January 7, 2020, the Company entered into an amended lease agreement with the current lessor in order to extend the lease term and increase office space at our Huntersville, NC corporate office. The amended lease expands our space to 22,000 square feet and extends the term to February 2023. This resulted in a remeasurement of the previous right of use asset and liability, which resulted in an increase of approximately $0.2 million.


Following adoption of ASC 842, lease expense excludes capital area maintenance and property taxes.


The components of lease expense were as follows (in thousands):


June 30,
June 30,
Operating Lease Expense   $


    $ 219  


Supplemental balance sheet information related to leases was as follows (in thousands):


    Classification on the
Consolidated Balance Sheet
  June 30,
Operating lease assets   Other non-current assets   $ 471  
Other current liabilities   Current liabilities     270  
Operating lease liabilities   Other non-current liabilities     202  


Weighted Average Remaining Lease Term:      
Operating leases   1.76 Years  
Weighted Average Discount Rate:      
Operating leases   12.5 %


The following table outlines the minimum future lease payments for the next five years and thereafter, (in thousands):


For the year ending June 30,      
2022     312  
2023     204  
2024     7  
Total lease payments (Undiscounted cash flows)     524  
Less imputed interest     (52 )
Total   $ 472  


Ontario County Industrial Development Authority Agreement


On February 27, 2018, the Company entered into a Lease and Project Agreement (the “Lease and Project Agreement”) and a Company Lease Agreement (the “Company Lease Agreement” and together with the Lease and Project Agreement, the “Agreements”), each dated as of February 1, 2018, with the Ontario County Industrial Development Agency, a public benefit corporation of the State of New York (the “OCIDA”). Pursuant to the Agreements, the Company will lease for $1.00 annually to the OCIDA an approximately 9.995 acre parcel of land in Canandaigua, New York, together with the improvements thereon (including the Company’s New York fabrication facility), and transfer title to certain related equipment and personal property to the OCIDA (collectively, the “Facility”). The OCIDA will lease the Facility back to the Company for annual rent payments specified in the Lease and Project Agreement for the Company’s primary use as research and development, manufacturing, warehouse and professional office space in its business, and to be subleased, in part, by the Company to various existing tenants. The Company estimates substantial tax savings during the term of the Agreements, which expire on December 31, 2028. In addition, subject to the terms of the Lease and Project Agreement, certain purchases and leases of eligible items will be exempt from the imposition of sales and use taxes. Subject to the terms of the Lease and Project Agreement, the OCIDA has also granted to the Company an exemption from certain mortgage recording taxes for one or more mortgages securing an aggregate principal amount not to exceed $12.0 million, or such greater amount as approved by the OCIDA in its sole and absolute discretion. The benefits provided to the Company pursuant to the terms of the Lease and Project Agreement are subject to claw back over the life of the Agreements upon certain recapture events, including certain events of default.


Litigation, Claims and Assessments


From time to time, the Company may become involved in lawsuits, investigations and claims that arise in the ordinary course of business. The Company believes it has meritorious defenses against all pending claims and intends to vigorously pursue them. While it is not possible to predict or determine the outcomes of any pending actions, the Company believes the amount of liability, if any, with respect to such actions, would not materially affect its financial position, results of operations or cash flows.


Tax Credit Contingency


The Company accrues a liability for indirect tax contingencies when it believes that it is both probable that a liability has been incurred and that it can reasonably estimate the amount of the loss. The Company reviews these accruals and adjusts them to reflect ongoing negotiations, settlements, rulings, advice of legal counsel and other relevant information. To the extent new information is obtained and the Company’s views on the probable outcomes of claims, suits, assessments, investigations or legal proceedings change, changes in the Company’s accrued liabilities would be recorded in the period in which such determination is made.


The Company’s gross unrecognized indirect tax credits totaled $0.1 million as of June 30, 2021 and $0.1 million as of June 30, 2020 and are recorded on the Consolidated Balance Sheet as a long-term liability.