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Commitments and Contingencies
12 Months Ended
Aug. 31, 2020
Commitments And Contingencies Disclosure [Abstract]  
Commitments and Contingencies

6.

COMMITMENTS AND CONTINGENCIES

Operating Lease Agreements —The Company has several operating leases with third parties, primarily for land, plant and office spaces in Taiwan, including cancellable and noncancelable leases that expire at various dates between December 2020 and December 2029. Leases with an initial term of 12 months or less are not recorded on the balance sheet; the Company recognizes lease expense for these leases on a straight-line basis over the lease term. For lease agreements entered into or reassessed after the adoption of Topic 842, the Company did not combine lease and non-lease components.

Most leases do not include options to renew. The exercise of lease renewal options has to be agreed by the lessors. The depreciable life of assets and leasehold improvements are limited by the term of leases, unless there is a transfer of title or purchase option reasonably certain of exercise. Lease expense is recognized on a straight-line basis over the term of the lease. Lease expense related to these noncancelable operating leases were $156 thousand and $151 thousand for the years ended August 31, 2020 and 2019, respectively.

Balance sheet information related to the Company’s leases is presented below:

 

 

 

August 31, 2020

 

Assets

 

 

 

 

Operating lease right of use assets

 

$

203

 

Liabilities

 

 

 

 

Operating lease liabilities, current portion

 

$

97

 

Operating lease liabilities, less current portion

 

 

106

 

Total

 

$

203

 

 

The following provides details of the Company’s lease expenses:

 

 

 

Years Ended

 

 

 

August 31, 2020

 

Operating lease expenses

 

$

156

 

 

Other information related to leases is presented below:

 

 

 

Years Ended

 

 

 

August 31, 2020

 

Cash Paid for amounts Included In Measurement of Liabilities:

 

 

 

 

Operating cash flows from operating leases

 

$

156

 

Weighted Average Remaining Lease Term:

 

 

 

 

Operating leases

 

 

2.34

 

Weighted Average Discount Rate

 

 

 

 

Operating leases

 

 

1.76

%

 

As most of the Company’s leases do not provide an implicit rate, the Company uses its average borrowing rate from non-related parties of 1.76% based on the information available at commencement date in determining the present value of lease payments.  

The aggregate future noncancelable minimum rental payments for the Company’s operating leases as of August 31, 2020 consist of the following (in thousands):

 

 

 

Operating

 

Years Ending August 31,

 

Leases

 

2021

 

$

100

 

2022

 

 

31

 

2023

 

 

12

 

2024

 

 

12

 

2025

 

 

12

 

Thereafter

 

 

50

 

Total future minimum lease payments, undiscounted

 

 

217

 

Less: Imputed interest

 

 

14

 

Present value of future minimum lease payments

 

$

203

 

 

Purchase Obligations —The Company had purchase commitments for inventory, property, plant and equipment in the amount of $33 thousand and $158 thousand as of August 31, 2020 and 2019, respectively.

Litigation — The Company is directly or indirectly involved from time to time in various claims or legal proceedings arising in the ordinary course of business. The Company recognizes a liability when it is probable that a loss has been incurred and the amount is reasonably estimable. There is significant judgment required in assessing both the likelihood of an unfavorable outcome and whether the amount of loss, if any, can be reasonably estimated.

On June 21, 2017, Well Thrive filed a complaint against SemiLEDs Corporation in the United States District Court for the District of Delaware. The complaint alleges that Well Thrive is entitled to return of $500 thousand paid toward a note purchase pursuant to the Purchase Agreement effective July 6, 2016 with Dr. Peter Chiou, which was assigned to Well Thrive on August 4, 2016. Pursuant to the terms of the Purchase Agreement, the Company has retained the $500 thousand payment as liquidated damages. Well Thrive alleges that the liquidated damages provision is unenforceable as an illegal penalty and does not reflect the amount of purported damages. On March 13, 2018, the Company filed a motion to enforce a settlement agreement between the parties to dismiss the lawsuit with prejudice. On March 27, 2018, Well Thrive filed an answering brief in opposition to the Company’s motion on the basis that Well Thrive never consented to dismiss the case. The judge’s order allowed the Company to conduct depositions of Well Thrive’s former lawyer, Dr. Chiou, and Mr. Chang Sheng-Chun, Well Thrive’s director, and to request documents relating to the issues surrounding the settlement. Based on this order, the Company intends to arrange the depositions to obtain more evidence in support of a motion to enforce the settlement agreement. On October 25, 2019, Well Thrive filed a motion to modify the Court’s scheduling order and to allow it to file a motion for summary judgment, and the Company filed an opposition to the motion. On November 13, 2019, the Court denied Well Thrive’s motion. The Court held a trial on March 2, 2020. After the trial, judge ordered both sides to prepare post-trial briefs and proposed findings of fact for the Court to be submitted before the end of April 2020. Both sides submitted post-trail briefs and proposed findings of fact on April 30, 2020, and the judge set a hearing for November 18, 2020.

On March 11, 2019, a former employee (the “Plaintiff”) of Taiwan Bandaoti Zhaoming Co., Ltd. (“Taiwan Bandaoti”) filed a civil complaint against Taiwan Bandaoti in the Taiwan Miao-Li District Court. The Plaintiff alleged the following causes of action under the Labor Standards Act of Taiwan: (1) failure to pay the annual bonus; and (2) failure to pay transportation allowance. The Plaintiff is seeking compensation in the aggregate of approximately $9 thousand (NT$293 thousand). On May 24, 2019, Taiwan Miao-Li District Court determined on its own initiative to transfer the case to the Taiwan Hsin-Chu District Court due to a lack of jurisdiction over the action in whole or in part. On February 10, 2020, the Taiwan Hsin-Chu District Court made a determination in favor of the Company. As of the date filing this report, the term of appeal expired and the determination is affirmed. 

Except as described above, as of August 31, 2020, there was no pending litigation that could have a material impact on the Company’s financial position, results of operations or cash flows.