Note 13 - Commitments and Contingencies
9 Months Ended
Sep. 30, 2014
Commitments and Contingencies Disclosure [Abstract]  
Commitments and Contingencies Disclosure [Text Block]

13. Commitments and Contingencies


Office Lease Obligations –


The Company currently leases office space and manufacturing facilities in Dallas, Texas. The office space lease that expires on March 1, 2025 and the manufacturing facilities lease expires on April 30, 2015.


The Company also leases office space in San Francisco and Los Angeles, California, New York, New York, Chicago, Illinois, and Pittsford, New York, under leases that expire at various dates through 2020.


In addition, the Company leases office space in London, England under a lease agreement that expires in August 2016; in Dubai, UAE under a lease agreement that expires in August 2015; and in Singapore under a lease that expires in August 2015.


Future minimum rental payments under these leases are as follows:


   

Amount

 

Fiscal year ending December 31:

       

2014 (remainder)

  $ 392,329  

2015

    2,098,582  

2016

    1,802,041  

2017

    1,548,287  

2018

    1,318,652  

Thereafter

    6,428,572  
    $ 13,588,463  

Total rent expense under all operating leases for the nine months ended September 30, 2014 was $1,646,111. Total rent expense for the period April 20 through June 30, 2013 was $346,768, and for the period February 1 through April 19, 2013 was $102,704. Total rent expense for the three months ended September 30, 2014 and 2013 was $513,164 and $453,014, respectively.


Capital Lease Commitments - 


The Company has entered into capital lease agreements with leasing companies for the financing of equipment and furniture purchases. The capital lease payments expire at various dates through June 2017. Future minimum lease payments under non-cancelable capital lease agreements consist of the following amounts for the year ending December 31:


   

Capital

Leases

 

2014

  $ 58,764  

2015

    232,664  

2016

    230,274  

2017

    86,226  

Total minimum lease payments

    607,928  

Less amount representing interest

    (54,334 )

Present value of capital lease obligations

    553,594  

Less current portion

    (202,346 )

Non-current portion

  $ 351,248  

The Company is currently subleasing two facilities and receiving monthly payments which are less than the Company’s monthly lease obligations. Based upon the then current real estate market conditions, the Company believed that these leases had been impaired and accrued lease impairment charges. The impairment charges were calculated based on future lease commitments less estimated future sublease income. The leases expire in February 28, 2021 and August 31, 2017, respectively.


Revenue Share Commitments


The Company has entered into revenue sharing agreements with certain business partners, requiring the Company to make minimum yearly revenue sharing payments.


Future minimum payments under these agreements consist of the following amounts for the years ending December 31:


2014 (remainder)

  $ 1,067,000  

2015

    4,620,000  

Total minimum revenue share commitments

  $ 5,687,000  

During the three-month period ended September 30, 2014, the Company renegotiated a revenue sharing agreement with a business partner. The parties agreed, among other things, to eliminate the Company’s remaining minimum revenue sharing commitment of $11,500,000 if certain terms and conditions are met in the future. As a result, the remaining minimum revenue sharing commitment is not included in the table above.


Legal proceedings -


The Company is subject to legal proceedings and claims that arise in the ordinary course of business. Management is not aware of any claims that would have a material effect on the Company’s financial position, results of operations or cash flows.