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Notes Payable to Stockholders - Related Party
9 Months Ended
Sep. 30, 2016
Debt Disclosure [Abstract]  
Notes Payable to Stockholders - Related Party

10.

Notes Payable to Stockholders – Related Party


On March 28, 2002 the Company executed a binding agreement with one of its principal stockholders, who is also the Chairman of the Board and Chief Executive Officer, to initially fund up to $2.5 million.  In March 2003 the Company and its Chairman and CEO entered into a second funding commitment pursuant to which he agreed to fund up to an additional $3 million which was subsequently increased to $3.5 million.  Under the terms of the agreements, the Company can draw amounts as needed to fund operations. Amounts drawn bear interest at the BBA LIBOR Daily Floating Rate plus 1.4 percentage points (2.86% per annum at September 30, 2016), payable monthly and were to become due and payable on December 31, 2005 or upon a change in control of the Company or the consummation of any other financing over $7.0 million. Beginning in March 2006 and through February 2012, the maturity date for the agreements were extended annually from December 31, 2007 to the agreements current maturity date of December 31, 2017. Refer to Note 13.


At September 30, 2016, the Company had drawn the full funding amount under the agreements of $6.0 million plus additional advances of $7,038,529. At December 31, 2015 the Company had drawn the full funding amount under the initial agreements of $6.0 million plus an additional $5,924,614. Additionally, the Company has an unsecured loan outstanding from a member of the board of directors who is also a significant stockholder, totaling $25,000. The note bears interest at a rate of 5% per annum and is due January 7, 2017. Accrued interest at September 30, 2016 was $80,123.


During the three and nine months ended September 30, 2016 and 2015, the Company incurred interest expense of $93,759, $268,139, $75,606, and $213,324, respectively, on its loan from the Chairman of the Board, which is included in interest expense in the accompanying statements of operations as well as interest expense of $315 and $921 for the three and nine months ended September 30, 2016 related to the loan from one if its other Board members. These amounts, in addition to interest expense of $364, $802, $376 and $838 for the three and nine months ended September 30, 2016 and 2015, respectively, related to capital lease obligations, financing and loans from a stockholder.