13. Commitments and Contingencies

Leases

The Company leases office spaces in King of Prussia, Pennsylvania, San Diego, California, Dublin, Ireland and laboratory and office space in Vienna, Austria under agreements previously classified as operating leases.

The lease agreement in King of Prussia, Pennsylvania expires on December 15, 2023 and does not include any renewal options. The agreement provides for an initial monthly base amount plus annual escalations through the term of the lease.

The lease agreement in San Diego, California expires on June 30, 2019 and provides for one renewal period of 36 months. The Company does not plan to exercise the renewal period. The agreement provides for a monthly base fixed amount through June 30, 2019.

For the lease agreement in Vienna Austria, the Company can terminate the lease without the landlord’s consent and without paying a termination penalty by giving six months’ notice to the landlord. The agreement provides for a monthly base fixed amount. The Company is in the process of determining the appropriate space needed in the building based on its needs. As a result, the Company may negotiate a new lease or evaluate additional or alternate spaces. As such, the Company has classified the agreement as a short-term lease.

For the lease agreement in Dublin, Ireland, the lease term is month to month and the Company has classified the lease as a short-term lease.

In March 2019, the Company entered into lease agreement for office space in Dublin, Ireland which expires on April 30, 2021. The agreement can be automatically renewed by both parties equal to the current lease term but for no less than three months. The agreement provides for a monthly based fixed amount of 7,000 euros beginning on the commencement date which is in May 2019. Upon the commencement date of the lease, the Company recognized an ROU asset and lease liability of approximately $150,000.

In addition to the monthly base amounts under the lease agreements, the Company is required to pay its proportionate share of real estate taxes and operating expenses during the lease terms for the King of Prussia and San Diego leases.

For the three months ended March 31, 2019, the Company’s operating lease expense was $348,000 which included short term lease expense of $222,000.

As of March 31, 2019 the weighted-average remaining lease term of operating leases was 4.7 years and the weighted-average discount rate was 9.8%.

As of March 31, 2019, other information related to the operating leases were as follows:

Operating Cash Flow Supplemental Information:


(in thousands)	March 31, 2019
Cash paid for amounts included in the measurement of the operating lease liabilities	$	111
Right-of-use assets obtained in exchange for operating lease obligations	$	2,021

The following table sets forth by year the required future payments of operating lease liabilities:


(in thousands)	March 31, 2019
Remainder of 2019	$	404
2020		507
2021		515
2022		522
2023		533
Total lease payments		2,481
Less imputed interest		(504)
Present value of operating lease liabilities	$	1,977

The following table sets forth by year the minimum expected lease payments under non-cancelable operating leases as of December 31, 2018:


(in thousands)	December 31, 2018
2019	$	515
2020		507
2021		515
Total lease payments	$	1,537

Legal Proceedings

On May 8, 2019, a putative class action lawsuit was filed against the Company and its Chief Executive Officer in the United States District Court for the Southern District of New York, captioned Larry Enriquez v. Nabriva Therapeutics PLC, and Ted Schroeder, No. 19-cv-04183. The complaint purports to be brought on behalf of shareholders who purchased the Company’s securities between November 1, 2018 and April 30, 2019. The complaint generally alleges that the Company and its Chief Executive Officer violated Sections 10(b) and/or 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder by making allegedly false and/or misleading statements and omitting to disclose material facts concerning the Company’s submission of an NDA to the FDA for marketing approval of CONTEPO for the treatment of cUTI in the United States and the likelihood of such approval. The complaint seeks unspecified damages, attorneys’ fees, and other costs. The case is still in its initial stage and a lead plaintiff has not yet been appointed.

The Company denies any and all allegations of wrongdoing and intends to vigorously defend against this lawsuit. The Company is unable, however, to predict the outcome of this matter at this time. Moreover, any conclusion of this matter in a manner adverse to the Company and for which it incurs substantial costs or damages not covered by the Company's directors’ and officers’ liability insurance would have a material adverse effect on its financial condition and business. In addition, the litigation could adversely impact the Company's reputation and divert management’s attention and resources from other priorities, including the execution of its business plan and strategies that are important to the Company's ability to grow its business, any of which could have a material adverse effect on the Company's business.

Other Commitments and Contingencies

The Company has other contractual commitments related primarily to contracts entered into with contract research organizations and contract manufacturing organizations in connection with the conduct of clinical trials and other research and development activities. During the three months ended March 31, 2019, there were no material changes outside the ordinary course of the Company’s business to its contractual obligations as disclosed in the Company’s Annual Report on Form 10-K for the year ended December 31, 2018, relating to contract research organizations and contract manufacturing organizations.

The Company has no contingent liabilities in respect of legal claims arising in the ordinary course of business.