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Financing (Tables)
9 Months Ended
Sep. 30, 2012
Derivative Instruments and Hedging Activities Disclosure [Abstract]  
Schedule of Significant Terms of Debentures Carried at Amortized Cost [Table Text Block]

The following table summarizes the significant terms of each of the debentures for which the entire hybrid instrument is recorded at fair value as of September 30, 2012:

 

Conversion Price – Lower of Fixed Price or
Percentage of VWAP for Look-back Period
Default Anti-Dilution
Debenture Face Interest Interest Fixed Adjusted Default Look-back
Issuance Year Amount Rate Rate Price Price % % Period
(in thousands)
2006 $ 6,087 9.5 % n/a $ 2.00 $ 0.00486 90 % n/a 125 Days
2007 6,900 9.5 % n/a $ 2.00 $ 0.00432-$0.00486 80%-90 % n/a 125 Days
2008 6,468 9.5 % 20%-24 % $ 1.00-$2.00 $ 0.00432-$0.00513 80%-95 % 50%-75 % 125 Days
2009 1,778 9.5 % 20 % $ 2.00 $ 0.00513 95 % 50 % 125 Days
2010 3,806 9.5 % 20 % $ 0.10- $0.30 $ 0.00513 95 % 50 % 60 Days
2011 2,129 9.5 % 20 % $ 0.10 $ 0.00513 95 % 50 % 60 Days
2012 2,525 9.5 % 20 % $ 0.10 $ 0.00513 95 % 50 % 60 Days
Total $ 29,693
Schedule of Significant Terms Debentures for Entire Hybrid Instrument [Table Text Block]

The table below summarizes the significant terms of the debentures that are carried at their amortized cost and for which the compound embedded derivative is bifurcated and accounted for as a derivative liability as of September 30, 2012:

 

Conversion Price – Lower of Fixed Price or Percentage of VWAP for
Look-back Period
Anti-
Dilution
Debenture Face Fixed Adjusted Look-back
Issuance Year Amount Interest Rate Price Price % Period
(in thousands)
2006 $ 53 10.0 % $ 2.00 $ 0.00486 90 % 125 days
Schedule of Number of Shares Issued Convertible Preferred Stock [Table Text Block]

The following table provides a summary of the preferred stock conversions that have occurred since inception and the number of common shares issued upon conversion.

 

Preferred Preferred Common
Preferred shares shares shares shares
issued converted remaining issued
(in thousands)
Series C preferred stock 22 17 5 273,382
Series D preferred stock 25 22 3 245,162
Schedule of Debt Conversions [Table Text Block]

The outstanding principal and accrued interest for the debentures as of September 30, 2012 is reflected in the following table in addition to the principal and interest converted since inception and the number of common shares issued upon conversion.

 

Outstanding Principal and
principal and accrued interest Common
accrued interest at converted since shares
September 30, 2012 inception issued
(in thousands)
Debentures $ 43,683 $ 7,852 1,057,239
Schedule of Allocation Embeded Debt Instument Warrants and Assumption [Table Text Block]

Significant assumptions used to value the hybrid debt instruments and warrants as of inception of the financings are also provided in the table below.

 

July 20,
2012
issuance
(in thousands)
Gross proceeds $ 450
Structuring and due diligence fee (25 )
$ 425
Hybrid instrument $ (732 )
Derivative warrants (8 )
Day one derivative loss 315
$ (425 )
Warrant shares issued (in thousands) 1,000
Initial exercise price of warrants $ 0.1500
Warrant valuation inputs:
Anti-dilution adjusted exercise price $ 0.0080
Expected life 5 years
Estimated volatility 174 %
Risk free rate of return 0.28 %
Dividend yield
Hybrid instrument valuation inputs:
Conversion price $ 0.006840
Equivalent volatility 176 %
Equivalent interest risk 14.00 %
Equivalent credit risk 7.21 %
Schedule of Activities of Compound Embedded Derivative [Table Text Block]

The following table reflects the face value of the instruments, their amortized carrying value and the fair value of the separately-recognized compound embedded derivative, as well the number of common shares into which the instruments are convertible as of September 30, 2012 and December 31, 2011.

 

September 30, 2012 Embedded Common
Face Carrying Accrued Conversion Stock
Value Value Interest Feature Shares
(in thousands)
Series C preferred stock $ 4,840 $ 4,840 $ - $ 2,206 923,953
Series D preferred stock $ 348 $ 348 $ - 159 66,457
Debentures:
2006 $ 53 $ 53 $ 10 8 11,871
Total $ 53 $ 53 $ 10 $ 2,373 1,002,281

December 31, 2011 Embedded Common
Face Carrying Accrued Conversion Stock
Value Value Interest Feature Shares
(in thousands)
Series C preferred stock $ 5,086 $ 5,086 $ - $ 554 499,084
Series D preferred stock $ 1,395 $ 1,395 $ - 152 136,899
Debentures:
2006 $ 7,061 $ 7,061 $ 3,550 1,554 1,128,515
2008 4,788 4,788 2,226 932 712,474
2009 1,983 1,965 736 370 278,427
2010 3,881 1,426 770 2,692 470,718
2011 4,725 1,077 376 2,917 436,730
Total $ 22,438 $ 16,317 $ 7,658 $ 9,171 3,662,847
Schedule of Derivative Instruments in Statement of Financial Position, Fair Value [Table Text Block]

Changes in the fair value of derivative instrument liabilities related to the bifurcated embedded derivative features of convertible instruments not carried at fair value are reported as “Gain (loss) from change in fair value of derivative liability – Series C and Series D preferred stock and debentures” in the accompanying consolidated statements of operations.

 

Three months ended September 30, Nine months ended September 30,
2012 2011 2012 2011
(in thousands) (in thousands)
Series C preferred stock $ 918 $ 8,089 $ (2,284 ) $ 244
Series D preferred stock 44 3,518 (1,302 ) 1,257
Debentures:
2006 74 11,798 (2,996 ) 4,785
2008 - 7,404 (1,350 ) 3,139
2009 - 3,065 (486 ) 1,194
2010 - 5,877 (34 ) 1,810
2011 - 5,360 (4,825 ) 2,593
2012 - - 15 -
1,036 45,111 (13,262 ) 15,022
Less: Day-one loss from debenture financings - (1,384 ) - (2,565 )
Gain (loss) from change in fair value of derivative liability $ 1,036 $ 43,727 $ (13,262 ) $ 12,457
Schedule of Hybrid Financial Instrument Disclosure [Table Text Block]

The following table reflects the face value of the financial instruments, the fair value of the hybrid financial instrument and the number of common shares into which the instruments are convertible as of September 30, 2012 and December 31, 2011.


 

September 30, 2012 Common
Face Fair Stock
Value Value Shares
(in thousands)
Debentures:
2006 $ 6,087 $ 15,608 2,082,642
2007 6,900 16,965 2,294,358
2008 6,468 15,680 2,113,474
2009 1,778 4,000 526,699
2010 3,806 7,341 972,013
2011 2,129 3,465 391,105
2012 2,525 3,964 509,054
Total $ 29,693 $ 67,023 8,889,345

December 31, 2011 Common
Face Fair Stock
Value Value Shares
(in thousands)
Debentures:
2007 $ 7,682 $ 13,115 836,428
2008 1,680 3,343 200,001
Total $ 9,362 $ 16,458 1,036,429
Schedule of Fair Value Hybrid Financial Instrument Disclosure [Table Text Block]

Changes in the fair value of convertible instruments that are carried in their entirety at fair value are reported as “Gain (loss) from change in fair value of hybrid financial instruments” in the accompanying consolidated statements of operations. The changes in fair value of these hybrid financial instruments were as follows:

 

 

Three months ended September 30, Nine months ended September 30,
2012 2011 2012 2011
(in thousands) (in thousands)
2006 $ 902 $ - $ 2,637 $ -
2007 1,994 13,120 1,005 3,088
2008 1,914 4,511 5,465 1,115
2009 477 - 912 -
2010 799 - 1,695 -
2011 155 - 666 -
2012 427 - 740 -
6,668 17,631 13,120 4,203
Less: Day-one loss from debenture financings (315 ) - (1,162 ) -
Gain (loss) from changes in fair value of hybrid instruments $ 6,353 $ 17,631 $ 11,958 $ 4,203
Schedule of Warrants Embedded Warrants Fair Value Outsanding and Anti Diluative Adjustment Disclosure [Table Text Block]

Warrants - The following table summarizes the warrants outstanding, their fair value and their exercise price after adjustment for anti-dilution provisions:

 

September 30, 2012 December 31, 2011
Anti-Dilution Anti-Dilution
Adjusted Adjusted
Expiration Exercise Fair Exercise Fair
Year Price Warrants Value Price Warrants Value
Warrants issued with preferred stock: (in thousands) (in thousands)
Series D preferred stock 2017 0.006840 328,947 $ 1,739 0.00998 225,564 $ 2,535
Warrants issued with debentures:
2007 2012 0.006840 - - 0.00998 401,002 1,510
2008 2015 0.006840 896,382 4,217 0.00998 614,662 6,876
2010 2015 0.006840 306,287 1,435 0.00998 210,025 2,335
2011 2016 0.006840 219,298 1,120 0.00998 150,376 1,686
2012 2017 0.006840 131,579 705 n/a
Total 1,882,493 $ 9,216 1,601,629 $ 14,942
Schedule of Changes in Fair Value of Warrants [Table Text Block]

Changes in the fair value of the warrants are reported as "(Gain) loss from change in fair value of derivative liability - warrants" in the accompanying consolidated statement of operations. The changes in the fair value of the warrants were as follows:

 

Three months ended September 30, Nine months ended September 30,
2012 2011 2012 2011
(in thousands) (in thousands)
Warrants issued with preferred stock:
Series C preferred stock $ - $ - $ - $ 53
Series D preferred stock 847 42 795 220
Warrants issued with debentures:
2006 - 54 - 181
2007 492 40 1,511 169
2008 2,107 95 2,657 478
2010 718 163 901 831
2011 565 174 566 331
2012 168 - (612 ) -
Total $ 4,897 $ 568 $ 5,818 $ 2,263
Schedule of Reconciliation Changes in Fair Value of Financial Instruments and Hybrid Instruments Carried at Fair Value [Table Text Block]

The following represents a reconciliation of the changes in fair value of financial instruments measured at fair value using Level 3 inputs and changes in the fair value of hybrid instruments carried at fair value during the nine months ended September 30, 2012:


Compound
Embedded Warrant Hybrid
Derivatives Derivatives Instruments Total
Beginning balance, December 31, 2011: $ 9,171 $ 14,942 $ 16,458 $ 40,571
Issuances:
January 11, 2012 289 13 - 302
February 6, 2012 176 9 - 185
March 26, 2012 287 42 - 329
April 26, 2012 - 11 878 889
June 1, 2012 - 9 799 808
July 20, 2012 - 8 732 740
Fair value adjustments:
Compound embedded derivatives 13,262 - - 13,262
Warrant derivatives - (5,818 ) - (5,818 )
Hybrid instruments - - (11,958 ) (11,958 )
Change to fair value option related to compound embedded derivative (29,656 ) - 29,656 -
Change to fair value option related to debenture carrying value - - 26,809 26,809
Day-one loss from derivative financings - - (1,162 ) (1,162 )
Extinguished 17,787 9,692 27,479
Conversions:
Series C preferred stock (632 ) - - (632 )
Series D preferred stock (1,295 ) - - (1,295 )
August 24, 2006 financing (740 ) - (276 ) (1,016 )
December 29, 2006 financing (176 ) - (516 ) (692 )
March 27, 2007 financing - - (1,047 ) (1,047 )
August 24, 2007 financing - - (831 ) (831 )
October 28, 2008 financing - - (162 ) (162 )
May 1, 2009 financing (21 ) - - (21 )
December 15, 2010 financing - - (215 ) (215 )
January 10, 2011 financing - - (267 ) (267 )
February 8, 2011 financing - - (180 ) (180 )
March 11, 2011 financing - (788 ) (788 )
April 13, 2011 financing (226 ) - (210 ) (436 )
May 31, 2011 financing (885 ) - - (885 )
June 28, 2011 financing (414 ) - (53 ) (467 )
July 13, 2011 financing (1,656 ) - - (1,656 )
August 15, 2011 financing (1,440 ) - - (1,440 )
September 15, 2011 financing (1,458 ) - - (1,458 )
October 25, 2011 financing - - (141 ) (141 )
January 11, 2012 financing - - (195 ) (195 )
Ending balance, September 30, 2012 $ 2,373 $ 9,216 $ 67,023 $ 78,612