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COMMITMENTS AND CONTINGENCIES
6 Months Ended
Jun. 30, 2020
Commitments and Contingencies Disclosure [Abstract]  
COMMITMENTS AND CONTINGENCIES

NOTE 7 – COMMITMENTS AND CONTINGENCIES

 

Operating Leases

 

We lease space under operating leases for manufacturing and laboratory facilities and administrative offices in Cleveland, Ohio, as well as administrative offices in New York, New York. We also lease office space in Madrid, Spain as well as certain office equipment under operating leases, which have a non-cancelable lease term of less than one year and, therefore, we have elected the practical expedient to exclude these short-term leases from our right-of-use assets and lease liabilities.

 

Components of lease cost are as follows:

 

 

   For the three
months ended
June 30,
   For the three
months ended
June 30,
   For the six
months ended
June 30,
   For the six
months ended
June 30,
 
   2020   2019   2020   2019 
Operating lease cost  $434,000   $434,000   $868,000   $723,000 
Variable lease cost  $92,000   $86,000   $175,000   $159,000 
Short-term lease cost  $6,000   $34,000   $24,000   $81,000 

 

The following table presents information about the amount and timing of cash flows arising from operating leases as of June 30, 2020:

 

 

Maturity of lease liabilities:    
2020, remainder  $851,000 
2021   1,713,000 
2022   1,727,000 
2023   1,741,000 
2024   1,781,000 
Thereafter   1,885,000 
Total undiscounted operating lease payments   9,698,000 
Less: imputed interest   2,224,000 
Present value of operating lease liabilities  $7,474,000 
      
Balance sheet classification:     
Current portion of lease liability  $1,706,000 
Long-term lease liability   5,768,000 
Total operating lease liabilities  $7,474,000 
      
Other information:     
Weighted-average remaining lease term for operating leases   67 months 
Weighted-average discount rate for operating leases   9.6% 

 

Commitment with contract manufacturer

 

We engaged a contract manufacturer to assist us with developing and defining the processes necessary to manufacture our RDEB product candidate and had a remaining commitment of $6.3 million at March 31, 2020. During the second quarter of 2020, we cancelled the remaining stages of work with the contract manufacturer. We have no remaining commitment at June 30, 2020.

 

Arbitration Proceeding

 

We are currently engaged in an arbitration proceeding with REGENXBIO regarding the former license agreement between the parties relating to use of the AAV9 capsid in our MPS IIIA, MPS IIIB, CLN1, and CLN3 programs. The license terminated on May 2, 2020, and on May 25, 2020, we filed an arbitration claim with the American Arbitration Association alleging that REGENXBIO materially breached the license agreement prior to termination and seeking, among other things, a declaration that as a result of REGENXBIO’s material breach, we are not responsible for payments totaling $28 million (which would otherwise have been due in 2020) plus accrued interest of $0.8 million as of June 30, 2020. REGENXBIO disputes our arbitration claim and has filed a counterclaim seeking payment of these amounts. No arbitration schedule has yet been set by the three-arbitrator panel.