NOTE

– DEBT

Debt consisted of the following as of:

	March 31,		December 31,
	2020		2019
Related Party Debt:
July 2014 note payable to Little Harbor, LLC	$	3,267	$	3,267
July 2016 note payable to Little Harbor, LLC		4,770		4,770
January 2016 note payable to Great Harbor Capital, LLC		2,500		2,500
March 2016 note payable to Great Harbor Capital, LLC		7,000		7,000
December 2016 note payable to Great Harbor Capital, LLC		2,500		2,500
August 2017 note payable to Great Harbor Capital, LLC		3,000		3,000
February 2018 note payable to Great Harbor Capital, LLC		2,000		2,000
July 2018 note payable to Great Harbor Capital, LLC, net of discount of $532 and $563 at March 31, 2020 and December 31, 2019, respectively		4,618		4,437
November 2018 note payable to Great Harbor Capital, LLC,net of discount of $314 and $354 at March 31, 2020 and December 31, 2019, respectively		3,686		3,646
February 2020 note payable to Great Harbor Capital, LLC		2,500		-
January 2016 note payable to Golisano Holdings LLC		2,500		2,500
March 2016 note payable to Golisano Holdings LLC		7,000		7,000
July 2016 note payable to Golisano Holdings LLC		4,770		4,770
December 2016 note payable to Golisano Holdings LLC		2,500		2,500
March 2017 note payable to Golisano Holdings LLC		3,267		3,267
February 2018 note payable to Golisano Holdings LLC		2,000		2,000
February 2020 note payable to Golisano Holdings LLC		2,500		-
November 2014 note payable to Golisano Holdings LLC (formerly payable to Penta Mezzanine SBIC Fund I, L.P.), net of discount and unamortized loan fees in the aggregate of $190 and $271 at March 31, 2020 and December 31, 2019, respectively		7,810		7,729
January 2015 note payable to Golisano Holdings LLC (formerly payable to JL-BBNC Mezz Utah, LLC), net of discount and unamortized loan fees in the aggregate of $312 and $457 at March 31, 2020 and December 31, 2019, respectively		4,688		4,543
February 2015 note payable to Golisano Holdings LLC (formerly payable to Penta Mezzanine SBIC Fund I, L.P.), net of discount and unamortized loan fees in theaggregate of $17 and $25 at March 31, 2020 and December 31, 2019, respectively		1,983		1,975
Macatawa Bank		15,000		15,000
Total related party debt		89,709		84,404

Senior Credit Facility with Midcap		4,866		4,413

Other Debt:
Huntington Holdings, LLC		-		2,310
Total other debt		-		2,310

Total debt	$	94,575	$	91,127

Related-Party Debt

Little Harbor Capital LLC

Mr. David L. Van Andel, the Chairman of the Company’s Board of Directors, is the owner and principal of Little Harbor LLC. Mr. Mark Bugge, at the time the notes were entered into, was a member of the Company’s Board of Directors and the Secretary of Little Harbor LLC.

July 2014

Note Payable to Little Harbor, LLC

Pursuant to a

July 2014

Debt Repayment Agreement with Little Harbor, LLC (“Little Harbor”), an entity owned by certain stockholders of the Company, we were obligated to pay such party

$4,900

per year in structured monthly payments for

years provided that such payment obligations would terminate at such earlier time as the trailing

ninety

day volume weighted average closing sales price of the Company’s common stock on all domestic securities exchanges on which such stock is listed equals or exceeds

$5.06

per share. This note is unsecured and matured on

July 25, 2017

with an outstanding balance of

$3,267.

February 6, 2018,

we entered into an agreement with Little Harbor to convert the obligations into an unsecured promissory note (“Little Harbor Debt Repayment Note”). The note bears interest at an annual rate of

8.5%,

with the principal payable at maturity. The Little Harbor Debt Repayment Note was to mature on

July 25, 2020;

however, Little Harbor and the Company entered into Amendment

No.

to the Little Harbor Debt Repayment Note, which has an effective date of

June 30, 2019

and extended the maturity of this note from

July 25, 2020

October 22, 2021

July 2016

Note Payable to Little Harbor, LLC

July 21, 2016,

we issued an Unsecured Delayed Draw Promissory Note in favor of Little Harbor (“Little Harbor Delayed Draw Note”), pursuant to which Little Harbor

may,

in its sole discretion and pursuant to draw requests made by the Company, loan us up to the maximum principal amount of

$4,770.

This note bears interest at an annual rate of

8.5%,

with the principal payable at maturity. If Little Harbor, in its discretion, accepts a draw request made by the Company under this note, Little Harbor shall

not

transfer cash to the Company, but rather Little Harbor shall irrevocably agree to accept the principal amount of any monthly delayed draw under this note in lieu and in complete satisfaction of the Company’s obligation to make an equivalent dollar amount of periodic cash payments otherwise due to Little Harbor under the

July 2014

note payable. During the year ended

December 31, 2016,

we requested and Little Harbor LLC approved, full draw amounts totaling

$4,770.

We issued a warrant into escrow in connection with this loan (see Little Harbor Escrow Warrant in Note

). This note is unsecured and was to mature on

January 28, 2019;

however, on

January 23, 2019,

the Company and Little Harbor entered into Amendment

No.

to the Little Harbor Delayed Draw Note, as amended and restated, which extended the maturity of this note to

June 30, 2019;

then on

July 8, 2019,

the Company and Little Harbor entered into Amendment

No.

to the Little Harbor Delayed Draw Note, as amended and restated, which has an effective date of

June 30, 2019

and extended the maturity of this note from

June 30, 2019

October 22, 2021.

Little Harbor has delivered a deferment letter pursuant to which Little Harbor agreed to defer all payments due under the aforementioned notes held by Little Harbor, through

October 22, 2021

and agreed to refrain from declaring a default and/or exercising any remedies under the notes.

Great Harbor Capital LLC

Mr. David L. Van Andel, the Chairman of the Company’s Board of Directors, is the owner and principal of Great Harbor Capital LLC. Mr. Mark Bugge, at the time the notes were entered into, was a member of the Company’s Board of Directors and the Secretary of Great Harbor Capital LLC.

January 2016

Note Payable to Great Harbor Capital, LLC

Pursuant to a

January 28, 2016

Unsecured Promissory Note (

“January 2016

GH Note”) with Great Harbor Capital, LLC (“GH”), an affiliate of a member of our Board of Directors, GH lent us

$2,500.

The

January 2016

GH Note bears interest at an annual rate of

8.5%,

with the principal payable in

monthly installments of

$104

which payment was to commence on

February 28, 2017

but was deferred to

August 31, 2019.

We issued a warrant into escrow in connection with this loan (see GH Escrow Warrants in Note

). The original maturity date of the

January 2016

GH Note was

January 28, 2019;

however, on

January 23, 2019,

the Company and GH entered into Amendment

No.

to the

January 2016

GH Note, as amended and restated, which extended the maturity to

June 30, 2019,

then on

July 8, 2019,

the Company and GH entered into Amendment

No.

to the

January 2016

GH Note, as amended and restated, which has an effective date of

June 30, 2019

and extended the maturity of this note to

October 22, 2021

March 2016

Note Payable to Great Harbor Capital, LLC

Pursuant to a

March 21, 2016

Unsecured Promissory Note (

“March 2016

GH Note”), GH lent us

$7,000.

This

March 2016

GH Note bears interest at an annual rate of

8.5%,

with the principal payable in

monthly installments of

$292

which payment was to commence on

April 21, 2017

but was deferred to

August 30, 2019.

We issued a warrant into escrow in connection with this loan (see GH Escrow Warrants in Note

). The note was to mature on

March 21, 2019;

however, on

January 23, 2019,

the Company and GH entered into Amendment

No.

to the

March 2016

GH Note, which extended the maturity of this note to

June 30, 2019,

then on

July 8, 2019,

the Company and GH entered into Amendment

No.

to the

March 2016

GH Note, which has an effective date of

June 30, 2019

and extended the maturity of this note from

June 30, 2019

October 22, 2021

December 2016

Note Payable to Great Harbor Capital, LLC

Pursuant to a

December 31, 2016

Unsecured Promissory Note (

“December 2016

GH Note”), GH lent us

$2,500.

The

December 2016

GH Note bears interest at an annual rate of

8.5%,

with the principal payable at maturity. We issued a warrant into escrow in connection with this loan (see GH Escrow Warrants in Note

). The note was to mature on

December 31, 2019;

however, on

July 8, 2019,

the Company and GH entered into the Amendment

No.

to the

December 2016

GH Note, which has an effective date of

June 30, 2019

and extended the maturity of this note from

December 31, 2019

October 22, 2021

August 2017

Note Payable to Great Harbor Capital, LLC

Pursuant to an

August 30, 2017

Secured Promissory Note, GH lent us

$3,000

(

“August 2017

GH Note”). The

August 2017

GH Note bears interest at an annual rate of

8.5%,

with the principal payable at maturity. We issued a warrant into escrow in connection with this loan (see GH Escrow Warrants in Note

). The note was to mature on

August 29, 2020;

however, on

July 8, 2019,

the Company and GH entered into the Amendment

No.

to the

August 2017

GH Note, which has an effective date of

June 30, 2019

and extended the maturity of this note from

August 29, 2020

October 22, 2021

February 2018

Note Payable to Great Harbor Capital, LLC

Pursuant to a

February 6, 2018

Secured Promissory Note, GH lent us

$2,000

(

“February 2018

GH Note”). The note bears interest at an annual rate of

8.5%,

with the principal payable at maturity. This note is secured by collateral and is subordinate to the indebtedness owed to Midcap Funding

Trust as successor-by-assignment from MidCap Financial Trust (“MidCap”). The note matures on

February 6, 2021;

however, on

July 8, 2019,

the Company and GH entered into the Amendment

No.

to the

February 2018

GH Note, which has an effective date of

June 30, 2019

and extended the maturity of this note from

February 6, 2021

October 22, 2021

As previously reported, on

February 6, 2018,

the Company issued an Amended and Restated Secured Promissory Note to GH (“A&R

August 2017

GH Note”) replacing the prior Secured Promissory Note issued on

August 30, 2017.

The amendment and restatement added a requirement that when the Company consummates any Special Asset Disposition (as defined in the

February 2018

GH Note), provided that the Company has a minimum liquidity of

$1,000,

the Company will use the net cash proceeds from the Special Asset Disposition to pay any accrued and unpaid interest under the A&R

August 2017

GH Note and any other note subject to the Intercreditor Agreement (defined below). The interest rate and payment terms remain unchanged from the original secured promissory note issued to GH on

August 30, 2017;

however, the maturity date has been extended to

October 22, 2021

pursuant to Amendment

No.

to the A&R

August 2017

GH Note.

Furthermore, as a result of notes issued on

February 6, 2018,

by GH and Golisano Holdings LLC (“Golisano LLC”), GH and Golisano LLC entered into an “Intercreditor Agreement” where they agreed that each of the

February 2018

GH Note, A&R

August 2017

GH Note, and the Golisano LLC

February 2018

Note are pari passu as to repayment, security and otherwise and are equally and ratably secured.

July 2018

Note Payable to Great Harbor Capital, LLC

Pursuant to a

July 27, 2018

Secured Promissory Note, GH loaned the Company

$5,000

(

"July 2018

GH Note"). The

July 2018

GH Note bears interest at an annual rate of

8.5%,

with the principal payable on maturity. Interest on the outstanding principal accrues at a rate of

8.5%

per year and is payable monthly on the

first

day of each month, beginning

September 1, 2018.

The principal of the

July 2018

GH Note is payable at maturity on

January 27, 2020.

The

July 2018

GH Note is secured by collateral. We issued a warrant to GH in connection with this loan (see GH Warrants in Note

). The note matures on

January 27, 2020;

however, on

July 8, 2019,

the Company and GH entered into the Amendment

No.

to the

July 2018

GH Note, which has an effective date of

June 30, 2019

and extended the maturity date of this note from

January 27, 2020

October 22, 2021.

The

July 2018

GH Note is subordinate to the indebtedness owed to MidCap. The

July 2018

GH Note is senior to the indebtedness owed to Little Harbor and Golisano Holdings LLC.

November 2018

Note Payable to Great Harbor Capital, LLC

Pursuant to a

November 5, 2018

Secured Promissory Note, GH loaned the Company

$4,000

(

"November 2018

GH Note"). The

November 2018

GH Note bears interest at an annual rate of

8.5%,

with the principal payable on maturity. Interest on the outstanding principal accrues at a rate of

8.5%

per year and is payable monthly on the

first

day of each month, beginning

December 1, 2018.

The principal of the

November 2018

GH Note is payable at maturity on

November 5, 2020.

The

November 2018

GH Note is secured by collateral. We issued a warrant to GH in connection with this loan (see GH Warrants in Note

). The

November 2018

GH Note matures on

November 5, 2020;

however, on

July 8, 2019,

the Company and GH entered into Amendment

No.

to the

November 2018

GH Note, which has an effective date of

June 30, 2019

and extended the maturity of this note from

November 5, 2020

October 22, 2021.

February 2020

Note Payable to Great Harbor Capital, LLC

Pursuant to a

February 2020

Unsecured Promissory Note (

“February 2020

GH Note”), an affiliate of a member of our Board of Directors, GH lent us

$2,500.

The

February 2020

GH Note bears interest at an annual rate of

8%,

with the principal payable at the maturity of

October 22, 2021.

GH has delivered a deferment letter pursuant to which GH agreed to defer all payments due under the aforementioned notes held by GH, through

October 22, 2021

and agreed to refrain from declaring a default and/or exercising any remedies under the notes.

Golisano Holdings LLC.

Mr. B. Thomas Golisano, a member of the Company’s Board of Directors is a principal of Golisano Holdings LLC.

November 2014

Note Payable to Golisano Holdings LLC (formerly payable to Penta Mezzanine SBIC Fund I, L.P.)

November 13, 2014,

we raised proceeds of

$8,000,

less certain fees and expenses, from the issuance of a secured note to Penta Mezzanine SBIC Fund I, L.P. (“Penta”). The Managing Director of Penta, an institutional investor, is also a director of our Company. We granted Penta a security interest in our assets and pledged the shares of our subsidiaries as security for the note. On

March 8, 2017,

Golisano Holdings, LLC (“Golisano LLC”) acquired this note payable from Penta (the “First Golisano Penta Note”). Interest on the outstanding principal accrued at a rate of

12%

per year from the date of issuance to

March 8, 2017,

and decreased to

per year thereafter, payable monthly. The note matures on

October 22, 2021.

August 30, 2017,

we entered into an amendment with Golisano LLC which extended payment of principal to maturity. We issued a warrant to Penta to purchase

4,960,740

shares of the Company’s common stock in connection with this loan (see Golisano LLC Warrants formerly Penta Warrants in Note

). On

August 30, 2017,

we entered into an amendment with Golisano LLC which extended payment of principal to maturity. On

July 8, 2019,

the Company and GH entered into Amendment

No.

to the

November 2014

GH Note, which has an effective date of

June 30, 2019

and extended the maturity of this note from

November 5, 2020

October 22, 2021.

January 2015

Note Payable to Golisano Holdings LLC (formerly payable to JL-Mezz Utah, LLC-f/k/a JL-BBNC Mezz Utah, LLC)

January 22, 2015,

we raised proceeds of

$5,000,

less certain fees and expenses, from the sale of a note to JL-Mezz Utah, LLC (f/k/a JL-BBNC Mezz Utah, LLC) (“JL-US”). The proceeds were restricted to pay a portion of the Nutricap Labs, LLC (“Nutricap”) asset acquisition. We granted JL-US a security interest in the Company’s assets, including real estate and pledged the shares of our subsidiaries as security for the note. On

March 8, 2017,

Golisano LLC acquired this note payable from JL-US. Interest on the outstanding principal accrued at a rate of

12%

per year from the date of issuance to

March 8, 2017,

and decreased to

per year thereafter, payable monthly (the “Golisano JL-US Note”). The note matures on

October 22, 2021

August 30, 2017,

we entered into an amendment with Golisano LLC which extended payment of principal to maturity. We issued a warrant to JL-US to purchase

2,329,400

shares of the Company’s common stock on

January 22, 2015

and

434,809

shares of the Company’s common stock on

February 4, 2015 (

see JL Warrants in Note

February 2015

Note Payable to Golisano Holdings LLC (formerly payable to Penta Mezzanine SBIC Fund I, L.P.)

February 6, 2015,

we raised proceeds of

$2,000,

less certain fees and expenses, from the issuance of a secured note payable to Penta. The proceeds were restricted to pay a portion of the acquisition of the customer relationships of Nutricap. On

March 8, 2017,

Golisano LLC acquired this note payable from Penta (the “Second Golisano Penta Note”). Interest on the outstanding principal accrued at a rate of

12%

per year from the date of issuance to

March 8, 2017,

and decreased to

per year thereafter, payable monthly. The note matures on

October 22, 2021

August 30, 2017,

we entered into an amendment with Golisano LLC which extended payment of principal to maturity. We issued a warrant to Penta to purchase

869,618

shares of the Company’s common stock in connection with this loan (see Golisano LLC Warrants formerly Penta Warrants in Note

January 2016

Note Payable to Golisano Holdings LLC

Pursuant to a

January 28, 2016

Unsecured Promissory Note with Golisano LLC (“Golisano LLC

January 2016

Note”), an affiliate of a member of our Board of Directors, Golisano LLC lent us

$2,500.

The note was to mature on

January 28, 2019;

however, on

January 28, 2019,

the Company and Golisano LLC entered into Amendment

No.

to Amended and Restated Unsecured Promissory Note, which extended the maturity date of the note to

June 30, 2019,

then on

July 8, 2019,

the Company and Golisano LLC entered into Amendment

No.

to Amended and Restated Unsecured Promissory Note, with an effective date of

June 30, 2019,

which extended the maturity date of the note from

June 30, 2019

October 22, 2021.

This note bears interest at an annual rate of

8.5%.

We issued a warrant into escrow in connection with this loan (see Golisano Escrow Warrants in Note

March 2016

Note Payable to Golisano Holdings LLC

Pursuant to a

March 21, 2016

Unsecured Promissory Note, Golisano LLC lent us

$7,000

(“Golisano LLC

March 2016

Note”). The note was to mature on

March 21, 2019;

however, on

July 8, 2019,

the Company and Golisano LLC entered into Amendment

No.

to Amended and Restated Unsecured Promissory Note, which extended the maturity date of the note to

June 30, 2019,

then on

July 8, 2019,

the Company and Golisano LLC entered into Amendment

No.

to Amended and Restated Unsecured Promissory Note, with an effective date of

June 30, 2019,

which extended the maturity date of the note from

June 30, 2019

October 22,

2021.This

note bears interest at an annual rate of

8.5%.

We issued a warrant into escrow in connection with this loan (see Golisano Escrow Warrants in Note

July 2016

Note Payable to Golisano Holdings LLC

July 21, 2016,

we issued an Unsecured Delayed Draw Promissory Note in favor of Golisano LLC pursuant to which Golisano LLC

may,

in its sole discretion and pursuant to draw requests made by the Company, loan the Company up to the maximum principal amount of

$4,770

(the “Golisano LLC

July 2016

Note”). The Golisano LLC

July 2016

Note was to mature on

January 28, 2019;

however, on

July 8, 2019,

the Company and Golisano LLC entered into Amendment

No.

to the Golisano LLC

July 2016

Note, with an effective date of

June 30, 2019,

which extended the maturity date of the note from

June 30, 2019

October 22, 2021.

Interest on the outstanding principal accrues at a rate of

8.5%

per year. The principal of the Golisano LLC

July 2016

Note is payable at maturity. We issued a warrant into escrow in connection with this loan (see Golisano Escrow Warrants in Note

). During the year ended

December 31, 2016,

we requested and Golisano LLC approved, draws totaling

$4,770.

December 2016

Note Payable to Golisano Holdings LLC

Pursuant to a

December 31, 2016

Unsecured Promissory Note, as amended and restated, Golisano LLC lent us

$2,500

(“Golisano LLC

December 2016

Note”). The note bears interest at an annual rate of

8.5%,

with the principal payable at maturity. We issued a warrant into escrow in connection with this loan (see Golisano Escrow Warrants in Note

). The note was to mature on

December 30, 2019;

however, on

July 8, 2019,

the Company and Golisano LLC entered into Amendment

No.

to the Amended and Restated Golisano LLC

December 2016

Note, as amended and restated, with an effective date of

June 30, 2019,

which extended the maturity date of the note from

December 30, 2019

October 22, 2021.

March 2017

Note Payable to Golisano Holdings LLC

Pursuant to a

March 14, 2017

Unsecured Promissory Note, as amended and restated, Golisano LLC lent us

$3,267

(“Golisano LLC

March 2017

Note”). The note bears interest at an annual rate of

8.5%,

with the principal payable at maturity. We issued a warrant into escrow in connection with this loan (see Golisano Escrow Warrants in Note

). The note was to mature on

December 30, 2019;

however, on

July 8, 2019,

the Company and Golisano LLC entered into Amendment

No.

to the Golisano LLC

March 2017

Note, as amended and restated, with an effective date of

June 30, 2019,

which extended the maturity date of the note from

December 30, 2019

October 22, 2021.

February 2018

Note Payable to Golisano Holdings LLC

Pursuant to a

February 6, 2018

Secured Promissory Note, Golisano LLC lent us

$2,000

(“Golisano LLC

February 2018

Note”). The note bears interest at an annual rate of

8.5%,

with the principal payable at maturity. This note is secured by collateral and is subordinate to the indebtedness owed to MidCap. The note was to mature on

February 6, 2021;

however, on

July 8, 2019,

the Company and Golisano LLC entered into Amendment

No.

to Secured Promissory Note (“Amendment

No.

to the Secured Promissory Note”), with an effective date of

June 30, 2019,

which extended the maturity date of the note from

February 6, 2021

October 22, 2021

February 2020

Note Payable to Golisano Holdings LLC

Pursuant to a

February 2020

Unsecured Promissory Note (“Golisano LLC

February 2020

Note”), an affiliate of a member of our Board of Directors, Golisano LLC lent us

$2,500.

The Golisano LLC

February 2020

Note bears interest at an annual rate of

8%,

with the principal payable at the maturity of

October 22, 2021.

Golisano LLC has delivered a deferment letter pursuant to which Golisano LLC agreed to defer all payments due under the aforementioned notes held by Golisano LLC through

October 22, 2021

and agreed to refrain from declaring a default and/or exercising any remedies under the notes.

Macatawa Bank

Mr. Mark Bugge is a former member of the board of directors of Macatawa Bank (“Macatawa”) and was a member of the Company’s board of directors; he was an active member of both boards at the time of the term loan note. Two other members of the Company’s Board of Directors, Mr. B. Thomas Golisano and Mr. David L. Van Andel, are the owners and principals of the guarantor,

463IP

Partners, LLC (

“463IP”

). Furthermore, Mr. Van Andel, through his interest in a trust, holds an indirect limited partnership interest in White Bay Capital, LLLP, which has an ownership interest of greater than

10%

in Macatawa.

December 4, 2018,

the Company entered into a Term Loan Note and Agreement (the "Term Loan") in favor of Macatawa. Pursuant to the Term Loan, Macatawa loaned the Company

$15,000.

The Term Loan matures on

November 30, 2020

The Term Loan accrues interest at the interest rate equivalent to the

one

-month LIBOR Rate plus

1.00%

(the interest rate will

not

be less than

2.50%;

the rate was

2.50%

as of

March 31, 2020).

After the maturity date or upon the occurrence or continuation of an event of default, the unpaid principal balance shall bear interest at the interest rate of the note plus

3.00%.

The note is secured by the Limited Guaranty, defined below, and is subordinate to the indebtedness owed to MidCap.

In connection with the Term Loan,

463IP

has entered into a limited guaranty, dated as of

December 4, 2018,

in favor of Macatawa (the "Limited Guaranty") pursuant to which it has agreed to guarantee payment under the Term Loan and any and all renewals of the Term Loan and all interest accrued on such indebtedness limited to

$15,000

plus any accrued interest.

Senior Credit Facility

January 22, 2015,

we entered into a

three

-year

$15,000

revolving credit facility (the “Senior Credit Facility”) pursuant to a credit and security agreement, based on our accounts receivable and inventory, which could be increased to up to

$20,000

upon satisfaction of certain conditions, with MidCap. MidCap subsequently assigned the agreement to an affiliate, Midcap Funding

Trust.

September 2, 2016,

we entered into an amendment with Midcap to increase the Senior Credit Facility to

$17,000

and extend our facility an additional

months. We granted MidCap a

first

priority security interest in certain of our assets and pledged the shares of our subsidiaries as security for amounts owed under the Senior Credit Facility. We are required to pay Midcap an unused line fee of

0.50%

per annum, a collateral management fee of

1.20%

per month and interest of LIBOR plus

per annum, which was

per annum as of

March 31, 2020.

We issued a warrant to Midcap to purchase

500,000

shares of the Company’s common stock (see Midcap Warrant in Note

January 22, 2019,

we entered into Amendment Sixteen to the Credit and Security Agreement (the "MidCap Sixteenth Amendment"). The MidCap Sixteenth Amendment reduced the revolving credit facility amount from a total of

$17,000

to a total of

$5,000

and extended the expiration date from

January 22, 2019

April 22, 2019.

February 13, 2019,

MidCap informed the Company that MidCap had re-assigned all of its rights, powers, privileges and duties as “Agent” under the Credit and Security Agreement, as well as all of its right, title and interest in and to the revolving loans made under the facility from Midcap Funding

Trust to MidCap IV Funding.

April 22, 2019,

we entered into Amendment Seventeen to the Credit and Security Agreement (the "MidCap Seventeenth Amendment"), which effectively increased the revolving credit facility amount to

$12,000

and renewed the Senior Credit Facility for an additional

two

years expiring on

April 22, 2021

We have incurred loan fees totaling

$540

relating to the Senior Credit Facility and the subsequent amendments, which is also being amortized into interest expense over the term of the Senior Credit Facility. The balance owing on the Senior Credit Facility was

$4,866

as of

March 31, 2020.

Other Debt

2014

Huntington Holdings, LLC

August 6, 2016,

the

-month anniversary of the closing of a share purchase agreement, we were required to pay the purchaser of the common stock the difference between

$2.29

per share and either a defined market price or a price per share determined by a valuation firm acceptable to both parties. Based on an outside professional valuation performed on the Company’s common stock, the Company estimated the stock price guarantee payment to be

$3,210.

Accordingly, the Company recorded a loss on the stock purchase price guarantee of

$3,210

and a corresponding liability for the same amount in

2016,

which was included in accrued expenses and other current liabilities in the condensed consolidated balance sheet as of

December 31, 2016.

June 2, 2017,

the Company issued an unsecured promissory note (the “Huntington Note”) in favor of

2014

Huntington Holdings LLC (“Huntington”). The Huntington Note matured on

June 2, 2019

with the principal amount of

$3,200

payable at maturity. Interest on the outstanding principal accrues at a rate of

8.5%

per year from

August 6, 2016

August 15, 2017

and increases to

10%

per year thereafter. We paid

$50

to Huntington related to accrued interest from

August 6, 2016

through the date of issuance of the Huntington Note. Huntington was required to return

778,385

shares of the Company’s common stock which were issued into escrow. We were required to provide certain piggyback registration rights to Huntington in regard to the remaining

749,999

shares of the Company’s common stock held by Huntington. If the Huntington Note was paid off prior to

August 14, 2017,

the

778,385

shares held in escrow were to be released from escrow and transferred to the Company for

additional consideration. If the note remained outstanding on

August 15, 2017,

we had the right, but

not

the obligation, to pay

$140

to Huntington to purchase

764,192

of the subject shares held in escrow. Upon the exercise of this purchase option, the subject shares were to be released from escrow and transferred to the Company. If the note remained outstanding on

August 15, 2017

and we did

not

exercise the option to purchase the shares, the shares were to be returned from escrow to Huntington and we would

longer have repurchase rights. On

August 15, 2017,

the note was outstanding, and we did

not

exercise the repurchase right. The

778,385

shares were returned from escrow to Huntington.

June 7, 2019,

the Company and Huntington entered into the Amendment

No.

to the Huntington Note, with an effective date of

June 2, 2019,

relating to an original principal amount of

$3,210

to amend that Huntington Note, dated

June 2, 2017.

Amendment

No.

to the Huntington Note extended the maturity date of the note from

June 2, 2019

September 3, 2019.

The Company satisfied the note as of

March 18, 2020.

Financial Covenants

Certain of the foregoing debt agreements, as amended, require us to meet certain affirmative and negative covenants, including maintenance of specified ratios. We amended our debt agreements with MidCap, Penta and JL-US, effective

July 29, 2016,

to, among other things, reset the financial covenants of each debt agreement. As of

March 31, 2020,

we were in default for lack of compliance with the EBITDA-related financial covenant of the debt agreement with MidCap. The amount due to MidCap for this revolving credit line is

$4,866

as of

March 31, 2020.