Quarterly report pursuant to Section 13 or 15(d)

Leases

v3.23.3
Leases
9 Months Ended
Sep. 30, 2023
Leases [Abstract]  
Leases

NOTE 9 — LEASES

The Company has operating leases for administrative offices and research and development facilities, and certain finance leases for equipment. The operating leases have remaining terms of less than three years to less than six years. Leases with an initial term of 12 months or less will not be recorded on the condensed consolidated balance sheets as operating leases or finance leases, and the Company will recognize lease expense for these leases on a straight-line basis over the lease term. Certain leases include options to renew, with renewal terms that can extend the lease term for seven years. The exercise of lease renewal options for the Company’s existing leases is at the Company’s sole discretion and not included in the measurement of lease liability and right-of-use assets as they are not reasonably certain to be exercised. Certain finance leases also include options to purchase the leased equipment. The depreciable life of assets and leasehold improvements are limited by the expected lease term, unless there is a transfer of title or purchase option reasonably certain of exercise. The leases do not contain any residual value guarantees or material restrictive covenants.

In July 2022, the Company exercised its option to extend the term for its lease of its principal executive office at 9301 Amberglen Blvd, Building J, Austin TX 78729 (the “Property”) for an additional five-year term beginning August 31, 2023 and ending August 31, 2028 pursuant to the terms and conditions of that certain Lease, dated October 1, 2016, by and between the Company and NW Austin Office Partners LLC as previously amended (the “Lease Agreement”).

In October 2022, the Company entered into that certain Fourth Amendment to the Lease Agreement, by and between the Company and NW Austin Office Partners LLC (the “Lease Amendment”) which amended the Lease Agreement to document the exercise of the Company’s option to extend the term of its lease of the Property for an additional six-year term beginning September 1, 2023 and ending August 31, 2029 (the “Extension Term”). Pursuant to the terms of the Lease Amendment, the aggregate commitments will be $6.7 million over the six-year Extension Term and the parties agreed that so long as the Company is not in default, an aggregate amount of $0.2 million shall be abated in installments from the monthly lease commitments until exhausted. The Lease Amendment also provides that prior to the expiration of the Extension Term, the Company has the option to extend the Extension Term for an additional period of seven years.

The following table summarizes the components of lease expense for the three and nine months ended September 30, 2023 and 2022 (in thousands):

Three Months Ended
September 30,

Nine Months Ended
September 30,

    

2023

    

2022

    

2023

    

2022

Operating leases

Operating lease expense

$

727

$

684

$

2,181

$

1,885

Variable lease expense

153

156

399

367

Total operating lease expense

$

880

$

840

$

2,580

$

2,252

The following table summarizes the balance sheet classification of leases as of September 30, 2023 (in thousands):

September 30,

    

2023

Operating leases

Operating lease right-of-use assets

$

9,667

Operating lease liabilities, current1

$

2,416

Operating lease liabilities, non-current

10,396

Total operating lease liabilities

$

12,812

1. Included in other current liabilities.

The following table presents other information on leases as of September 30, 2023 and December 31, 2022:

September 30,

December 31,

    

2023

    

2022

 

Weighted average remaining lease term, operating leases

4.87

years 

5.54

years

Weighted average discount rate, operating leases

8.21

%

8.21

%

Maturities of lease liabilities were as follows as of September 30, 2023 (in thousands):

    

Operating Leases

2023 (remaining)

$

833

2024

3,369

2025

3,299

2026

2,564

2027

2,636

Thereafter

2,872

Total lease payments

$

15,573

Less:

Imputed interest

(2,761)

Total lease liabilities

$

12,812

Supplemental cash flow information related to the Company’s leases were as follows (in thousands):

Nine Months Ended
September 30,

    

2023

Cash paid for amounts included in the measurement of lease liabilities:

Operating cash flows operating leases

$

2,178