Quarterly report pursuant to Section 13 or 15(d)

10. RELATED PARTY TRANSACTIONS

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10. RELATED PARTY TRANSACTIONS
9 Months Ended
Sep. 30, 2014
Related Party Transactions [Abstract]  
10. RELATED PARTY TRANSACTIONS

Preferred Dividends – The Company recorded and paid preferred stock dividends of $319,000 for each of the three months ended September 30, 2014 and 2013. The Company recorded and paid preferred stock dividends of $946,000 for each of the nine months ended September 30, 2014 and 2013. For the years ended December 31, 2009, 2010 and 2011, the Company accrued but did not pay any preferred stock dividends. For the years ended December 31, 2012 and 2013, the Company paid its accrued dividends in cash.

 

Beginning in 2012, the Company entered into a series of agreements with the parties to whom unpaid dividends were owed under which the Company issued shares of its common stock in satisfaction of a portion of the accrued and unpaid dividends. In connection with each payment of accrued and unpaid dividends, the payees agreed to forebear for a period of time from exercising any rights they may have with the respect to accrued and unpaid dividends. The following table summarizes the details of the Company’s agreements with the holders of its Series B Preferred Stock:

 

Agreement Date  

Amount of

Dividends Paid

    Shares of Common Stock Issued     Extended Forbearance Date
                     
August 12, 2012   $ 732,000       157,000     January 1, 2014
December 26, 2012     732,000       144,500     June 30, 2014
March 27, 2013     732,000       139,000     September 30, 2014
July 26, 2013     731,000       175,000     December 31, 2014
September 17, 2013     731,000       197,000     March 31, 2015
May 23, 2014     1,463,000       120,000     November 30, 2015
Total   $ 5,121,000       932,500      
                     
Accrued and unpaid dividends   $ 2,194,000              

 

The Company believes it has adequate liquidity to continue to pay quarterly dividends in cash for at least the next twelve months. The Company may continue to pay down the balance of accrued and unpaid dividends in respect of its Series B Preferred Stock by issuing additional shares of common stock. The Company does not believe that these contemplated dividend payments in cash and stock will materially impact its liquidity. If the Company fails to make ongoing quarterly cash dividend payments, it will be in default under the terms of its agreements with the holders of its Series B Preferred Stock and the holders’ current forbearance through November 30, 2015 will be ineffective.

 

Note Payable to Related Party – The Company had a note payable to its Chief Executive Officer totaling $750,000 which was due on March 31, 2014. On March 31, 2014, the Company paid in cash the outstanding balance of the note payable.