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DEBT
12 Months Ended
Dec. 31, 2013
DEBT  
DEBT

6. DEBT

Financing Facility

        On November 13, 2013, the Company, together with each of the Company's subsidiaries as guarantors, entered into the Loan Agreement with RCF, pursuant to which RCF provided a senior secured loan facility (the "Facility") to the Company under which the Company may draw up to $15.0 million. The Facility consists of three tranches of $5.0 million each. RCF advanced $3.0 million of the first $5.0 million tranche shortly following the closing of the Loan Agreement. The convertible debentures are secured and bear interest, calculated on the outstanding principal balance, at 12% per annum through January 29, 2014 and 10% per annum thereafter, payable quarterly. The principal amounts of the Facility are convertible into shares of the Company at a price of $2.60 per share at any time prior to the maturity date of December 31, 2016. RCF may convert the loan amount at the conversion price, which is $2.60 per share. The conversion rate is subject to customary anti-dilution adjustments and further downward adjustment, subject to a floor of $1.00 per share, in case of certain equity issuances by the Company before November 13, 2014.

        In December 2012, the Company completed a $5 million short term financing provided by RCF. The terms of the financing include an annualized interest rate of 10% payable quarterly and a loan establishment fee of $160,000. The loan establishment fee was paid in December 2012 by the issuance of 42,884 shares of common stock of the Company. The number of shares paid was determined based upon the volume weighted average price of the Company's common stock for the 20 days ending November 29, 2012 ($3.73 per share). The maturity date for the financing was the earlier of (i) the date of the closing of the Shareholder Rights Offering and (ii) June 28, 2013.

        In connection with the Rights Offering during March 2013, the Company repaid the RCF $5.0 million short term loan facility by issuing 1.96 million shares of the Company's common stock to RCF.

Summary of Long-Term Debt

 
  At December 31,  
 
  2013   2012  

Long-term debt of the Company consists of:

             

Resource Capital Funds—Convertible Debt Facility

  $ 3,000,000   $  

Note Payable

        5,000,000  

Capital leases

    15,038     129,722  
           

 

    3,015,038     5,129,722  

Less—current portion

    (10,543 )   (5,112,140 )
           

Total long-term debt, including capital leases

  $ 3,004,495   $ 17,582  
           

        Maturities of long-term debt and capital leases are as follows:

For the Twelve Months Ended:
  Long-term Debt   Capital Leases  

December 31, 2014

  $ 4,495   $ 24,154  

December 31, 2015

        4,578  

December 31, 2016

    3,000,000      

December 31, 2017

         

December 31, 2018 and beyond

         
           

Totals

  $ 3,004,495   $ 28,732  

Less amounts representing imputed interest

          (18,156 )
             

Present value of future payments

        $ 10,576  
             

        Capital leases consist of trucks and equipment included in uranium properties.

Derivative Liability

        The conversion feature of the convertible debentures meets the definition of a derivative liability instrument because the exercise price is not a fixed price as described above. Therefore, the conversion feature does not meet the "fixed-for-fixed" criteria outlined in ASC 815-40-15. As a result, the conversion feature of the notes is required to be recorded as a derivative liability recorded at fair value and marked-to-market each period with the changes in fair value each period being charged or credited to income or loss.

        At the closing of the convertible debt loan on November 13, 2013, the fair value of the derivative liability related to the conversion feature was $2,061,794 and at December 31, 2013, was $2,169,408. The derivative liability was calculated using the Black-Scholes option pricing model with the following assumptions:

Risk-free interest rate

  0.61% - 0.78%

Expected life of derivative liability

  3.00 - 3.12 years

Expected volatility

  94% - 97%

Dividend rate

  0.00%

        The changes in the derivative liability related to the conversion feature are as follows:

 
  December 31, 2013   Financial Statement Location

Balance, December 31, 2012

  $    

Fair value at inception

    2,061,794    

Change in fair value of derivative liability

    107,614   Change in fair value of derivative liability
         

Balance, December 31, 2013

  $ 2,169,408   Derivative liability—convertible debenture
         

        With the conversion feature initially being valued at $2,061,794, the resulting residual value allocated to the host debenture was $938,206, being the difference between the face value of the convertible debentures and the fair value of the conversion feature derivative liability.

        The change in the convertible debentures is as follows:

 
  December 31,
2013
 

Balance, December 31, 2012

  $  

Discounted convertible debentures

    938,206  

Amortization of discount

    86,509  
       

Balance, December 31, 2013

  $ 1,024,715  
       

        In addition to the amortization of the discount on the convertible debenture, the Company incurred interest expense of $47,000 based on the 12% per annum stated interest rate.