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Commitments and Contingencies
9 Months Ended
Sep. 30, 2022
Commitments And Contingencies Disclosure [Abstract]  
Commitments and Contingencies

Note 6. Commitments and Contingencies

Leases

The Company has five facility leases that it accounts for under ASC 842, and these include the operating leases for its corporate facility in San Jose, California, and facilities in Toronto, Markham and Waterloo, Ontario, Canada. The Waterloo and Toronto leases expire in September 2022 and December 2023, respectively. The current San Jose lease with a sublessor expires in July 2022, and the Company entered into a new, direct lease with the facility landlord, dated April 13, 2022, for an 18-month term, which commenced July 15, 2022. In addition, on May 26, 2022, the Company entered into a new lease for a facility in Markham, Ontario with a 60-month term, which commenced June 21, 2022. The Markham landlord also provided a lease incentive of approximately $220,000 (the Incentive), which will be payable to the Company as follows: one-half of the Incentive payable subsequent to the completion of the improvements to the leased space and the second half-ratably on an annual basis commencing with the second year of the lease.

The right-to-use assets and corresponding liabilities for the facility leases were measured at the present value of the future minimum lease payments. The discount rate used to measure the lease assets and liabilities were 8%. Lease expense is recognized on a straight-line basis over the lease term.

On March 1, 2022, the Company entered into a 36-month finance lease agreement for the lease of equipment resulting in the recognition of a right-of-use asset and lease liability on the balance sheet of approximately $274,000.

The following table provides the details of right-of-use assets and lease liabilities as of September 30, 2022 (in thousands):

 

 

 

 

 

 

 

 

 

 

 

 

 

Nine Months Ended

 

 

 

 

 

 

September 30, 2022

 

Right-of-use assets:

 

 

 

 

 

 

 

Operating leases

 

 

 

 

$

957

 

Finance lease

 

 

 

 

 

224

 

   Total right-of-use assets

 

 

 

 

$

1,181

 

Lease liabilities:

 

 

 

 

 

 

 

Operating leases

 

 

 

 

$

954

 

Finance lease

 

 

 

 

 

233

 

   Total lease liabilities

 

 

 

 

$

1,187

 

 

Future minimum payments under the leases at September 30, 2022 are listed in the table below (in thousands):

 

 

 

 

 

 

 

 

 

Year ending December 31,

 

 

 

 

 

 

 

2022

 

 

 

 

$

67

 

2023

 

 

 

 

 

742

 

2024

 

 

 

 

 

216

 

2025

 

 

 

 

 

132

 

2026

 

 

 

 

 

106

 

2027

 

 

 

 

 

67

 

Total future lease payments

 

 

 

 

 

1,330

 

Less: imputed interest

 

 

 

 

 

(143

)

Present value of lease liabilities

 

 

 

 

$

1,187

 

The following table provides the details of supplemental cash flow information (in thousands):

 

 

 

 

Nine Months Ended

 

 

 

 

September 30,

 

 

 

 

2022

 

 

2021

 

Cash paid for amounts included in the measurement of lease liabilities:

 

 

 

 

 

 

 

   Operating cash flows for leases

 

$

504

 

 

$

273

 

 

Rent expense was approximately $0.2 million for each of the three-month periods ended September 30, 2022 and 2021.  Rent expense was approximately $0.5 million for the nine months ended September 30, 2022 and $0.3 million for the nine months ended September 30, 2021. In addition to the minimum lease payments, the Company is responsible for property taxes, insurance and certain other operating costs related to the leased facilities and equipment.

Indemnification

In the ordinary course of business, the Company enters into contractual arrangements under which it may agree to indemnify the counterparties from any losses incurred relating to breach of representations and warranties, failure to perform certain covenants, or claims and losses arising from certain events as outlined within the particular contract, which may include, for example, losses arising from litigation or claims relating to past performance. Such indemnification clauses may not be subject to maximum loss clauses. The Company has also entered into indemnification agreements with its officers and directors. No material amounts were reflected in the Company’s condensed consolidated financial statements for the nine months ended September 30, 2022 and 2021 related to these indemnifications.

The Company has not estimated the maximum potential amount of indemnification liability under these agreements due to the limited history of prior claims and the unique facts and circumstances applicable to each particular agreement. To date, the Company has not made any payments related to these indemnification agreements. 

Product Warranties

The Company warrants certain of its products to be free of defects generally for a period of three years. The Company estimates its warranty costs based on historical warranty claim experience and includes such costs in cost of net revenues. Warranty costs were not material for the nine months ended September 30, 2022 and 2021.

Legal Matters

The Company is not a party to any legal proceeding that the Company believes is likely to have a material adverse effect on its condensed consolidated financial position or results of operations. From time to time the Company may be subject to legal proceedings and claims in the ordinary course of business. These claims, even if not meritorious, could result in the expenditure of significant financial resources and diversion of management efforts.