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8. Subordinated Convertible Debentures Payable
12 Months Ended
Dec. 31, 2019
Convertible Subordinated Debt [Abstract]  
Subordinated Convertible Debentures Payable

Subordinated debentures payable consisted of:

    2019     2018  
    ($ in thousands)  
6.5%, due June, 1991   $ 138     $ 138  
6%, due May, 1992     8,025       8,025  
    $ 8,163     $ 8,163  

 

The Trustee of the 6.5% subordinated convertible debentures, which matured in June 1991, with an original face amount of $1,034,000, provided notice of a final distribution to holders of such debentures on September 2, 2014. In connection with such final distribution, the Trustee has maintained a debenture reserve fund with a balance of $13,000 as of December 31, 2019 and 2018, respectively, available for distribution to holders of such debentures who surrender their respective debenture certificates.

 

During the year ended December 31, 2019, there were no 6.5% subordinated convertible debentures that were surrendered or escheated by their respective debenture holders and no funds were utilized from the debenture reserve account. During the year ended December 31, 2018, $28,000 of the debenture reserve funds were utilized with $2,000 disbursed in final distribution to debenture holders and $26,000 disbursed in escheatment to states of respective debenture holders as debentures with a face amount of $22,000 were surrendered by debenture holders and $287,000 in face amount of debentures were effectively surrendered with the escheatment of respective funds to the states of debenture holders, respectively. Accordingly, the Company has recognized $281,000 in forgiveness of debt during the year ended December 31, 2018. In addition, accrued interest of $594,000 on such debentures that are considered surrendered was recorded as forgiveness of interest expense during the year ended December 31, 2018. 

 

As of December 31, 2019, the outstanding principal balance on such 6.5% subordinated convertible debentures that were not surrendered by the respective holders, or escheated by the Trustee to the states of residence of the respective holders, equals $138,000 plus accrued and unpaid interest of $279,000. The outstanding principal on such respective debentures as of December 31, 2018 was $138,000 plus accrued and unpaid interest of $270,000.

 

The 6.5% Subordinated convertible debenture balances for the years ended December 31, 2019 and 2018 are as follows:

 

    2019     2018  
    ($ in thousands)  
             
Original face value   $ 1,034     $ 1,034  
Outstanding debenture principal balance     138       138  
Face value of debentures surrendered     -       22  
Face value of debentures escheated     -       287  
Accrued and unpaid interest balance     279       270  
Debenture reserve account balance     13       13  
Debenture reserve funds utilized                
  in payment of final distribution     -       2  
Debenture reserve funds utilized                
  in escheatment to states of debenture holders     -       26  
Forgiveness of debt     -       281  
Forgiveness of interest     -       594  

 

If and when such remaining debentures are surrendered to the Trustee, the applicable portion of such principal and accrued interest will similarly be recorded as debt and interest forgiveness. As the Company has consistently stated in prior filings, the Company believes that any potential claims by the respective debenture holders on such 6.5% subordinated convertible debentures would be barred under the applicable statutes of limitations.

 

Since issuance, $650,000 and $152,000 of the 6.5% and 6% debentures, respectively, have been converted into common stock. This conversion feature is no longer in effect.

 

The Company is in default of certain sinking fund and interest payments on both subordinated convertible debentures totaling $8,163,000 in principal plus accrued and unpaid interest of $27,070,000 and $25,744,000 as of December 31, 2019 and 2018, respectively.

  

The debentures are not collateralized and are not subordinate to each other, but are subordinate to senior indebtedness ($1,198,000 at December 31, 2019 and 2018). Payment of dividends on the Company’s common stock is restricted under the terms of the two indentures pursuant to which the outstanding debentures are issued.

 

In order to maximize the amounts realized for the debt holders, the Company has been and intends to continue to seek buyers for the remaining landholdings. No assurances are offered regarding the timing of or the values to be realized from future land sales.