Leases

In February 2016, the FASB issued ASU 2016-02, “Leases” which supersedes ASC 840 “Leases” and creates a new topic, ASC 842 “Leases.” This update requires lessees to recognize on their balance sheet a lease liability and a lease asset for all leases, including operating leases, with a term greater than 12 months. On January 1, 2019, the Company adopted the ASU using the modified retrospective transition approach and elected the transition option to recognize the adjustment in the period of adoption rather than in the earliest period presented. As of January 1, 2019, adoption of the new guidance resulted in the initial recognition of operating lease right-of-use assets of $5,046 and operating lease liabilities of $5,131. At September 30, 2019, the balances of the operating lease right-of-use asset and total operating lease liability were $4,385 and $4,462, respectively, of which $1,596 of the operating lease liability is current.

The Company leases certain facilities for office and manufacturing purposes, comprising approximately 99% of the total lease population. All leased facilities are classified as operating leases with remaining lease terms between one and seven years. The Company determines if a contract is a lease at the inception of the arrangement. The Company reviews all options to extend, terminate, or purchase its right-of-use assets at the inception of the lease and will include these options in the lease term when they are reasonably certain of being exercised. For all of the Company’s leases, lease and non-lease components are accounted for as a single lease component, as all non-lease components are immaterial to break out separately.

The components of lease costs, which are included in selling, general and administrative expenses in the unaudited condensed consolidated statements of loss for the three and nine months ended September 30 were as follows:



Lease cost:	Three months ended September 30, 2019		Nine months ended September 30, 2019

Operating lease costs ⁽¹⁾	$	411	$	1,150
Sublease income ⁽²⁾	82		187
Total lease cost	$	329	$	963

⁽¹⁾Variable lease costs were immaterial for the three and nine months ended September 30, 2019.

⁽²⁾ Represents sublease income received for the vacated office facility in Charlotte, North Carolina, which was acquired with the FSC acquisition in February 2016. The lease and sublease agreements terminate in December 2020. The Company also vacated portions of its office facility in St. Louis, Missouri during May 2019 and August 2019 and started receiving sublease income starting in May 2019 and August 2019 from two different tenants. The lease agreement ends in April 2025 and the sublease agreement that started in May 2019 ends in May 2020, with a one year renewal and the sublease agreement that started in August 2019 ends in July 2020, and can continue thereafter on a month-to-month basis.

During the three and nine months ended September 30, 2019, the Company reduced its operating lease liabilities by $411 and $1,115 for cash paid. In addition, during the nine months ended September 30, 2019, new operating leases commenced resulting in the recognition of operating lease right-of-use assets and liabilities of $1,000 and $0, respectively, as the entire lease payment was paid on March 31, 2019. There were no new leases during the three months ended September 30, 2019. As of September 30, 2019, the Company is aware of one additional embedded lease that has not yet commenced and will not commence until the time of FDA approval of the product (if approved). Once FDA approval is given and the start date is determined, annual production suite fees of approximately $3,000 to $4,000 would commence and at that time an operating lease right-of-use asset and corresponding operating lease liability will be recorded.

In connection with the 2019 French Restructuring plan discussed in Note 15: Restructuring Costs, during the three months ended September 30, 2019, the Company came to an agreement with the landlord of the leased office space in France, to exit the lease by December 31, 2019 with an early termination payment of approximately $820. The Company accounted for this change in the lease term as a modification of the original lease. As a result of this modification, the right-of-use asset and liability related to the French office lease that was remeasured, and the asset was subsequently tested for impairment as the fair value was less than the book value. Since the fair value was determined to be less than the book value, the Company recorded an impairment to the right of use asset of $826, which was recorded as a restructuring cost in the unaudited condensed consolidated statements of loss.

As of September 30, 2019, our operating leases have a weighted-average remaining lease term of 4.3 years and a weighted-average discount rate of 5.3%. Nearly all of Avadel’s lease contracts do not provide a readily determinable implicit rate. For these contracts, Avadel’s estimated incremental borrowing rate is based on information available at the inception of the lease.

Maturities of the Company’s operating lease liabilities were as follows:



Maturities:	Operating Leases

Remaining three months of 2019	$	1,117
2020	879
2021	670
2022	678
2023	690
Thereafter	941
Total lease payments	4,975
Less: interest	513
Present value of lease liabilities	$	4,462

Under the prior lease guidance, minimum rental commitments for non-cancelable leases as of December 31, 2018 were:



Lease Commitment:	Operating Leases

2019	$	1,191
2020	1,208
2021	1,008
2022	767
2023	695
Thereafter	967
Total minimum lease payments	$	5,836