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Debt
3 Months Ended
Jan. 31, 2021
Debt Disclosure [Abstract]  
Debt

Note 16.  Debt

Debt as of January 31, 2021 and October 31, 2020 consisted of the following (in thousands):

 

 

 

January 31,

 

 

October 31,

 

 

 

2021

 

 

2020

 

Orion Energy Partners Credit Facility

 

$

 

 

$

80,000

 

Connecticut Green Bank Loan

 

 

4,800

 

 

 

4,800

 

Connecticut Green Bank Loan (Bridgeport Fuel Cell Project)

 

 

4,884

 

 

 

5,065

 

Liberty Bank Term Loan Agreement (Bridgeport Fuel Cell Project)

 

 

9,028

 

 

 

9,549

 

Fifth Third Bank Term Loan Agreement (Bridgeport Fuel Cell Project)

 

 

9,028

 

 

 

9,549

 

Finance obligation for sale-leaseback transactions

 

 

49,253

 

 

 

49,274

 

State of Connecticut Loan

 

 

9,248

 

 

 

9,454

 

Liberty Bank Promissory Note (PPP Note)

 

 

6,515

 

 

 

6,515

 

Finance lease obligations

 

 

23

 

 

 

38

 

Deferred finance costs

 

 

(1,529

)

 

 

(3,737

)

Unamortized debt discount

 

 

 

 

 

(5,152

)

Total debt and financing obligations

 

$

91,250

 

 

$

165,355

 

Current portion of long-term debt and financing obligations

 

 

(14,594

)

 

 

(21,366

)

Long-term debt and financing obligations

 

$

76,656

 

 

$

143,989

 

Orion Energy Partners Investment Agent, LLC Credit Agreement

 

On November 30, 2020, the Company, its subsidiary guarantors, and the Orion Agent entered into a payoff letter with respect to the Orion Credit Agreement (the “Orion Payoff Letter”). Pursuant to the Orion Payoff Letter, on December 7, 2020, the Company paid a total of $87.3 million to the Orion Agent, representing the outstanding principal, accrued but unpaid interest, prepayment premium, fees, costs and other expenses due and owing under the Orion Facility and the Orion Credit Agreement and related loan documents, in full repayment of the Company’s outstanding indebtedness under the Orion Facility and the Orion Credit Agreement and related loan documents. In accordance with the Orion Payoff Letter, the aggregate prepayment premium set forth in the Orion Credit Agreement was reduced from approximately $14.9 million to $4.0 million and the Orion Agent, on behalf of itself and the lenders, agreed that any portion of the prepayment premium that would otherwise be required to be paid pursuant to the Orion Credit Agreement in excess of $4.0 million was waived by the Orion Agent and the lenders. The Company expensed the remaining deferred finance costs and debt discount of $7.1 million. The Company has classified the $4.0 million prepayment premium and the deferred finance costs and debt discount expense as Loss on extinguishment of debt on the Consolidated Statements of Operations and Comprehensive Loss.

 

Concurrently with the Orion Agent’s receipt of full payment pursuant to the Orion Payoff Letter, the Orion Agent released all of the collateral from the liens granted under the security documents associated with the Orion Facility (which included the release of $11.2 million of restricted cash to the Company, which became unrestricted cash), and the Company and its subsidiaries were unconditionally released from their respective obligations under the Orion Credit Agreement (and related loan documents) and the Orion Facility without further action. With the termination of the Orion Facility and the Orion Credit Agreement and related loan documents, the lenders no longer have the right to appoint representatives to attend the Company’s Board of Director meetings as observers.

Liberty Bank Promissory Note

 

On April 20, 2020, the Company entered into the PPP Note, dated April 16, 2020, evidencing a loan to the Company from Liberty Bank, under the CARES Act, administered by the SBA. Pursuant to the PPP Note, the Company received total proceeds of approximately $6.5 million on April 24, 2020.

 

Refer to Note. 19. “Subsequent Events” for information regarding the withdrawal of the application for forgiveness and the repayment of the PPP Note.