| LONG TERM NOTES PAYABLE [Text Block] |
NOTE 8 – LONG TERM NOTES PAYABLE
U.S. Department of Energy
On August 31, 2011, USG Oregon LLC (“USG Oregon”), a subsidiary of the Company, completed the first funding drawdown associated with the U.S. Department of Energy (“DOE”) $96.8
million loan guarantee (“Loan Guarantee”) to construct its power plant at Neal Hot Springs in Eastern Oregon (the “Project”). All loan advances covered by the Loan Guarantee have been made under the Future Advance Promissory Note (the “Note”) dated February 23, 2011. Upon the occurrence and continuation of an event of default under the transaction documents, all amounts payable under the Note may be accelerated. In connection with the Loan Guarantee, the DOE has been granted a security interest in all of the equity interests of USG Oregon, as well as in the assets of USG Oregon, including a mortgage on real property interests relating to the Project site. No additional advances are allowed under the terms of the loan. A total of
13
draws were taken and each individual draw or tranche is considered to be a separate loan. The loan principal is scheduled to be paid over
21.5
years with semi-annual installments including interest calculated at an aggregate fixed interest rate of
2.598% . The principal payment amounts are calculated on a straight-line basis according to the life of the loans and the original loan principal amounts. The principal portion of the aggregate loan payment is adjusted as individual tranches are extinguished. The principal payments started at $1,709,963
on February 10, 2014 and are scheduled to be reduced to $1,626,251
on February 10, 2017 and continue through February 12, 2035. The loan balance at December 31, 2015 totaled $63,546,722
(current portion $3,375,448).
As of March 10, 2016, the Company was not in compliance with two non-financial covenants included in the loan agreement relating to 1) the substitution of a replacement index into a PPA document for a discontinued index and 2) the transfer of an operating lease agreement between the company and an independent third party into a family trust. Neither of these matters are substantive and the Company believes that each is readily curable. Legal counsel is assisting the Company in documenting a remedy for these two issues.
Loan advances/tranches and effective annual interest rates are details as follows:
| Description |
|
|
Amount |
|
|
Rate % |
|
| Advances by date: |
|
|
|
|
|
|
|
| August 31, 2011* |
|
$ |
2,328,422
|
|
|
2.997
|
|
| September 28, 2011 |
|
|
10,043,467
|
|
|
2.755
|
|
| October 27, 2011 |
|
|
3,600,026
|
|
|
2.918
|
|
| December 2, 2011 |
|
|
4,377,079
|
|
|
2.795
|
|
| December 21, 2011 |
|
|
2,313,322
|
|
|
2.608
|
|
| January 25, 2012 |
|
|
8,968,019
|
|
|
2.772
|
|
| April 26, 2012 |
|
|
13,029,325
|
|
|
2.695
|
|
| May 30, 2012 |
|
|
19,497,204
|
|
|
2.408
|
|
| August 27, 2012 |
|
|
7,709,454
|
|
|
2.360
|
|
| December 28, 2012 |
|
|
2,567,121
|
|
|
2.396
|
|
| June 10, 2013 |
|
|
2,355,316
|
|
|
2.830
|
|
| July 3, 2013* |
|
|
2,242,628
|
|
|
3.073
|
|
| July 31, 2013* |
|
|
4,026,582
|
|
|
3.214
|
|
| |
|
|
83,057,965
|
|
|
|
|
| Principal paid through December 31, 2015 |
|
|
(19,511,243
|
) |
|
|
|
| |
|
|
|
|
|
|
|
| Loan balance at December 31, 2015 |
|
$ |
63,546,722
|
|
|
|
|
* - Individual tranches have been fully extinguished.
SAIC Constructors LLC
Effective August 27, 2010, the Company’s wholly owned subsidiary (USG Nevada LLC) signed a construction loan agreement with SAIC Constructors LLC (“SAIC”). The new
10.0
net megawatt power plant was considered complete and operational for financial reporting purposes on September 1, 2012. On February 15, 2013, USG Nevada LLC signed a settlement agreement with SAIC that defined the terms of three separate debt components to settle the obligations incurred under the construction loan agreement. As of December 31, 2013, two components of the settlement agreement were paid in full. On April 30, 2013, SAIC signed a loan agreement with Nevada USG Holdings LLC (parent company of USG Nevada LLC and wholly owned subsidiary of the Company), that further defined the terms of the remaining debt component of $2
million. This remaining obligation will be repaid in quarterly installments of $119,382, including interest at
7.0% per annum that began on July 31, 2013 and is scheduled to be repaid by September 2018. The loan balance at December 31, 2015 totaled $1,086,383
(current portion $412,135).
Prudential Capital Group
On September 26, 2013, the Company’s wholly owned subsidiary (USG Nevada LLC) entered into a note purchase agreement with the Prudential Capital Group’s related entities (“Prudential”) to finance the Phase I San Emidio geothermal project located in northwest Nevada. The term of the note is approximately
24
years, and bears interest at fixed rate of
6.75% per annum. Interest payments are due quarterly. Principal payments are due quarterly based upon minimum debt service coverage ratios established according to projected operating results made at the loan origination date and available cash balances. All amounts owing under the notes and the note purchase agreement or any related financing document are secured by USG Nevada LLC’s right, title and interest in and to its real and personal property, including the San Emidio project and the equity interests in USG Nevada LLC. At December 31, 2015, the balance of the loan was $29,665,959
(current portion $624,428).
Based upon the terms of the notes payable and expected conditions that may impact some of those terms, the total estimated annual principal payments were calculated as follows:
| For the Year Ended |
|
|
Principal |
|
| December 31, |
|
|
Payments |
|
| 2016 |
|
$ |
4,412,012
|
|
| 2017 |
|
|
4,079,217
|
|
| 2018 |
|
|
3,759,756
|
|
| 2019 |
|
|
3,638,585
|
|
| 2020 |
|
|
3,751,359
|
|
| Thereafter |
|
|
74,658,135
|
|
| |
|
|
|
|
| |
|
$ |
94,299,064
|
|
|