Quarterly report pursuant to Section 13 or 15(d)

Note 9 - Notes Payable

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Note 9 - Notes Payable
9 Months Ended
Sep. 30, 2018
Notes to Financial Statements  
Debt Disclosure [Text Block]
9
.
Notes Payable
 
Platinum
-Montaur Life Sciences LLC
 
In
July 2012,
we entered into an agreement with Platinum-Montaur to provide us with a credit facility of up to
$50
million. In connection with the closing of the Asset Sale to Cardinal Health
414,
the Company repaid to Platinum Partners Capital Opportunity Fund L.P. (“PPCO”) an aggregate of approximately
$7.7
million in partial satisfaction of the Company’s liabilities, obligations and indebtedness under the Platinum Loan Agreement between the Company and Platinum-Montaur, which were transferred by Platinum-Montaur to PPCO. See Note
11.
 
During the
nine
-month periods ended
September 30, 2018
and
2017,
$129,000
and
$211,000
of interest was compounded and added to the balance of the Platinum Note, respectively. Of the interest compounded during the
nine
months ended
September 30, 2017,
$143,000
of interest expense was reclassified to discontinued operations. As of
September 30, 2018,
the remaining outstanding principal balance of the Platinum Note was approximately
$2.2
million.
 
The Platinum Note is reflected on the consolidated balance sheets at its estimated fair value, which includes the estimated fair value of the embedded conversion option of
$0
at
September 30, 2018
and
December 31, 2017.
Changes in the estimated fair value of the Platinum Note were
$0
during both of the
three
-month periods ended
September 30, 2018
and
2017.
Changes in the estimated fair value of the Platinum Note were
$0
and a decrease of
$153,000,
respectively, and were recorded as non-cash changes in fair value of the conversion option during the
nine
-month periods ended
September 30, 2018
and
2017.
The estimated fair value of the Platinum Note was
$2.2
million and
$2.0
million as of
September 30, 2018
and
December 31, 2017,
respectively.
 
Capital Royalty Partners II, L.P.
 
In
May 2015,
Navidea and MT, as guarantor, executed a Term Loan Agreement (the “CRG Loan Agreement”) with CRG in its capacity as a lender and as control agent for other affiliated lenders party to the CRG Loan Agreement (collectively, the “Lenders”) in which the Lenders agreed to make a term loan to the Company in the aggregate principal amount of
$50.0
million (the “CRG Term Loan”). On
March 3, 2017,
the Company entered into a Global Settlement Agreement with MT, CRG, and Cardinal Health
414.
In accordance with the Global Settlement Agreement, on
March 3, 2017,
the Company repaid
$59.0
million of its alleged indebtedness and other obligations outstanding under the CRG Term Loan.
 
As disclosed in the Company’s Annual Report on Form
10
-K and other filings, the Company has been engaged in ongoing litigation with CRG in the District Court of Harris County, Texas (the “Texas Court”). Following a trial in
December 2017,
the Texas Court ruled that the Company’s total obligation to CRG was in excess of
$66.0
million, limited to
$66.0
million under the Global Settlement Agreement. The Texas Court acknowledged only the
$59.0
million payment made in
March 2017,
concluding that the Company owed CRG another
$7.0
million, however the Texas Court did
not
expressly take the Company’s
June 2016
payment of
$4.1
million into account and awarded, as part of the
$66.0
million, amounts that had already been paid as part of the
$4.1
million. In
April 2018,
CRG drew approximately
$7.1
million on a letter of credit that was established pursuant to the Global Settlement Agreement. This was in addition to the
$4.1
million and the
$59.0
million that Navidea had previously paid to CRG. The Company believes that the
$4.1
 million should be credited against the
$7.0
million and is currently pursuing recovery of
$4.1
million and other damages. See Note
11.
 
IPFS Corporation
 
In
December 2016,
we prepaid
$348,000
of insurance premiums through the issuance of a note payable to IPFS Corporation (“IPFS”) with an interest rate of
8.99%.
The note was payable in
eight
monthly installments of
$45,000,
with the final payment made in
July 2017.
 
In
November 2017,
we prepaid
$396,000
of insurance premiums through the issuance of a note payable to IPFS with an interest rate of
4.0%.
The note was payable in
ten
monthly installments of
$40,000,
with the final payment made in
August 2018.
The balance of the note was approximately
$0
and
$318,000
as of
September 30, 2018
and
December 31, 2017,
respectively, and was included in notes payable, current in the consolidated balance sheets.
 
Summary
 
During the
three
-month periods ended
September 30, 2018
and
2017,
we recorded interest expense of
$45,000
and
$26,000,
respectively, related to our notes payable. Of these amounts,
$44,000
and
$29,000
was compounded and added to the balance of our notes payable during the
three
-month periods ended
September 30, 2018
and
2017,
respectively. During the
nine
-month periods ended
September 30, 2018
and
2017,
we recorded interest expense of
$134,000
and
$91,000,
respectively, related to our notes payable. Of these amounts,
$129,000
and
$68,000
was compounded and added to the balance of our notes payable during the
nine
-month periods ended
September 30, 2018
and
2017,
respectively.