Annual report pursuant to Section 13 and 15(d)

Commitments and Contingencies

v3.19.3.a.u2
Commitments and Contingencies
12 Months Ended
Dec. 31, 2019
Commitments and Contingencies  
Note 10 - Commitments and Contingencies
a) Financing Lease Obligations
 
In 2015, the Company entered into an equipment financing lease to purchase three Tecan machines (automated liquid handling robots) for €550,454 Euros, maturing May 2020. As of December 31, 2019, the balance payable was $44,477.
 
In 2016, the Company entered into a real estate financing lease with ING Asset Finance Belgium S.A. (“ING”) to purchase a property located in Belgium for €1.12 million Euros, maturing May 2031. As of December 31, 2019, the balance payable was $641,513.
 
In 2018, the Company entered into a financing lease with BNP Paribas leasing solutions to purchase a freezer for the Belgium facility for €25,000 Euros, maturing January 2022. As of December 31, 2019, the balance payable was $19,664.
 
The following is a schedule showing the future minimum lease payments under financing leases by years and the present value of the minimum payments as of December 31, 2019.
 
2020
 
$
114,649
 
2021
 
$
69,946
 
2022
 
$
61,798
 
2023
 
$
60,387
 
2024
 
$
60,386
 
Greater than 5 years
 
$
445,331
 
Total
 
$
812,497
 
Less: Amount representing interest
 
$
(106,843
)
 
Present value of minimum lease payments
 
$
705,654
 
b) Operating Lease Right-of-Use Liabilities
 
The Company adopted Topic 842 on January 1, 2019. The Company elected to adopt this standard using the optional modified retrospective transition method and recognized a cumulative-effect adjustment to the consolidated balance sheet on the date of adoption. Comparative periods have not been restated. With the adoption of Topic 842, the Company’s consolidated balance sheet now contains the following line items: Operating lease right-of-use assets, Current portion of operating lease liabilities and Operating lease liabilities, net of current portion.
 
As all the existing leases subject to the new lease standard were previously classified as operating leases by the Company, they were similarly classified as operating leases under the new standard. The Company has determined that the identified operating leases did not contain non-lease components and require no further allocation of the total lease cost. Additionally, the agreements in place did not contain information to determine the rate implicit in the leases, so we used our incremental borrowing rate as the discount rate. Our weighted average discount rate is 4.47% and the weighted average remaining lease term is 21 months.
 
As of December 31, 2019, operating lease right-of-use assets and liabilities arising from operating leases were $381,483 and $389,119, respectively. During the year ended December 31, 2019, cash paid for amounts included for the measurement of lease liabilities was $242,656 and the Company recorded operating lease expense of $224,283.
 
The following is a schedule showing the future minimum lease payments under operating leases by years and the present value of the minimum payments as of December 31, 2019.
 
2020
 
$
269,215
 
2021
 
$
91,671
 
2022
 
$
34,497
 
2023
 
$
10,773
 
Total Operating Lease Liabilities
 
$
406,156
 
Less: Amount representing interest
 
$
(17,037
)
Present Value of minimum lease payments
 
$
389,119
 
The Company’s office space leases are short term and the Company has elected under the short-term recognition exemption not to recognize them on the balance sheet. During the year ended December 31, 2019, $22,096 was recognized in short-term lease costs associated with the office lease in Singapore. The annual payments remaining for such short-term office leases were as follows:
 
2020
 
$
12,750
 
2021
 
$
-
 
Total Operating Lease Liabilities
 
$
12,750
 
c)
Grants Repayable
 
In 2010, the Company entered into an agreement with the Walloon Region government in Belgium for a colorectal cancer research grant for €1.05 million Euros. Per the terms of the agreement, €314,406 Euros of the grant is to be repaid by installments over the period from June 30, 2014 to June 30, 2023. The Company has recorded the balance of €733,614 Euros to other income in previous years as there is no obligation to repay this amount. In the event that the Company receives revenue from products or services as defined in the agreement, it is due to pay a 6% royalty on such revenue to the Walloon Region. The maximum amount payable to the Walloon Region, in respect of the aggregate of the amount repayable of €314,406 Euros and the 6% royalty on revenue, is twice the amount of funding received. As of December 31, 2019, the grant balance repayable was $137,425.
 
In 2018, the Company entered into an agreement with the Walloon Region government in Belgium for a colorectal cancer research grant for €605,000 Euros. Per the terms of the agreement, €181,500 Euros of the grant is to be repaid by instalments over 12 years commencing in 2020. In the event that the Company receives revenue from products or services as defined in the agreement, it is due to pay a 3.53% royalty on such revenue to the Walloon Region. The maximum amount payable to the Walloon Region, in respect of the aggregate of the amount repayable of €181,500 Euros and the 3.53% royalty on revenue, is equal to the amount of funding received. As of December 31, 2019, the grant balance repayable was $199,861.
 
As of December 31, 2019, the total balance for grant repayable was $337,286 and the annual payments remaining were as follows:
 
2020
 
$
52,879
 
2021
 
$
49,967
 
2022
 
$
47,266
 
2023
 
$
48,436
 
2024
 
$
20,377
 
Greater than 5 years
 
$
118,361
 
Total Grants Repayable
 
$
337,286
 
d) Long-Term Debt
 
In 2016, the Company entered into a 7-year loan agreement with Namur Invest for €440,000 Euros with a fixed interest rate of 4.85%, maturing December 2023. As of December 31, 2019, the principal balance payable was $322,128.
 
In 2016, the Company entered into a 15-year loan agreement with ING for €270,000 Euros with a fixed interest rate of 2.62%, maturing December 2031. As of December 31, 2019, the principal balance payable was $252,629.
 
In 2017, the Company entered into a 4-year loan agreement with Namur Invest for €350,000 Euros with a fixed interest rate of 4.00%, maturing June 2021. As of December 31, 2019, the principal balance payable was $175,150.
 
In 2017, the Company entered into a 7-year loan agreement with SOFINEX for up to €1 million Euros with a fixed interest rate of 4.50%, maturing September 2024. As of December 31, 2019, €1 million Euros has been drawn down under this agreement and the principal balance payable was $1,122,701.
 
In 2018, the Company entered into a 4-year loan agreement with Namur Innovation and Growth for €500,000 Euros with fixed interest rate of 4.00%, maturing June 2022. As of December 31, 2019, the principal balance payable was $408,888.
 
On November 28, 2019, the Company entered into a 4-year loan agreement with Namur Innovation and Growth for €500,000 Euros with fixed interest rate of 4.80%, maturing September 2024. As of December 31, 2019, the principal balance payable was $561,351.
 
As of December 31, 2019, the total balance for long-term debt payable was $2,842,847 and the payments remaining were as follows:
 
2020
 
$
777,648
 
2021
 
$
735,546
 
2022
 
$
622,760
 
2023
 
$
526,585
 
2024
 
$
327,970
 
Greater than 5 years
 
$
174,038
 
Total
 
$
3,164,547
 
Less: Amount representing interest
 
$
(321,700
)
Total Long-Term Debt
 
$
2,842,847
 
e) Collaborative Agreement Obligations
 
In 2015, the Company entered into a research sponsorship agreement with the German Cancer Research Center, or DKFZ, in Germany for a 3-year period for €338,984 Euros. As of December 31, 2019, $224,540 is still to be paid by the Company under this agreement.
 
In 2016, the Company entered into a research co-operation agreement with DKFZ, in Germany for a 5-year period for €400,000 Euros. As of December 31, 2019, $84,203 is still to be paid by the Company under this agreement.
 
In 2016, the Company entered into a collaborative research agreement with Munich University, in Germany for a 3-year period for €360,000 Euros. As of December 31, 2019, $110,025 is still to be paid by the Company under this agreement.
 
In 2017, the Company entered into a clinical study research agreement with the Regents of the University of Michigan for after study a 3-year period for up to $3.0 million. As of December 31, 2019, up to $388,000 is still to be paid by the Company under this agreement. This agreement was amended in February 2020 to redefine a new clinical study. See Note 11.
 
In 2018, the Company entered into a research collaboration agreement with the University of Taiwan for a 3-year period for a cost to the Company of up to $2.55 million payable over such period. As of December 31, 2019, $1.66 million is still to be paid by the Company under this agreement.
 
On May 1, 2019, the Company entered into a research collaboration agreement with the University of Taiwan to collect a total of 1,200 samples for a 2-year period for a cost to the Company of up to $320,000 payable over such period. As of December 31, 2019, $224,000 is still to be paid by the Company under this agreement.
 
As of December 31, 2019, the total amount to be paid for future research and collaboration commitments was $2.69 million and the annual payments remaining were as follows:
 
2020
 
$
1,699,767
 
2021
 
$
988,500
 
Total Collaborative Agreement Obligations
 
$
2,688,267
 
f) Legal Proceedings
 
There are no legal proceedings which the Company believes will have a material adverse effect on its financial position.