Quarterly report pursuant to Section 13 or 15(d)

Note 2 - Liquidity and Management's Plans

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Note 2 - Liquidity and Management's Plans
6 Months Ended
Jun. 30, 2016
Notes to Financial Statements  
Substantial Doubt about Going Concern [Text Block]
2.
LIQUIDITY AND MANAGEMENT'S PLANS
 
 
For the six months ended June 30, 2016, the Company incurred a net loss of $6.5 million and cash used in operating activities was $5.3 million.  The Company did not raise any capital or incur any additional debt during the first six months of 2016. The Company anticipates operating losses to continue for the foreseeable future due to, among other things, costs related to ramping up its commercial operations, further developing its products and product candidates, right sizing and reorganizing its administrative organization and winding down activities and managing obligations related to its discontinued operations. The accompanying condensed, consolidated financial statements have been prepared on a basis that assumes that the Company will continue as a going concern and that contemplates the continuity of operations, the realization of assets and the satisfaction of liabilities and commitments in the normal course of business. As of June 30, 2016, the Company had cash and cash equivalents of $3.0 million, net accounts receivable of $3.0 million, current assets of $9.6 million and current liabilities of $19.2 million.
 
 
As a result of the sale of substantially all of its CSO business in December 2015, which generated net cash proceeds of $26.8 million (of which $21.6 million was used to repay long-term debt and fees), the Company focused its resources and strategic initiatives on its molecular diagnostics business. As with many companies in a similar stage, sufficient capital is required before achieving profitability. Accordingly, the Company will require additional capital in 2016 and beyond and, in order to obtain such capital and fund its operations, may be required to restructure all or a portion of its obligations related to the sale of its CSO business. There is, however, no guarantee that additional capital will or can be raised or that adequate restructuring will be accomplished that are sufficient to fund the Company's operations in 2016 and beyond or that the terms of such additional capital, if available, will be acceptable to the Company. Accordingly, the Company is exploring various dilutive and non-dilutive sources of funding, including equity and debt financings, strategic alliances and alternatives, business development and other sources. Additionally, the Company intends to help meet its capital needs by driving revenue growth of its commercial molecular diagnostic tests, closely managing cash and further streamlining operations. If, however, the Company is unsuccessful in obtaining capital and executing its plans for the business to continue operations, when needed, including the restructuring of its debt and other liabilities, then it may be forced to seek protection under the U.S. Bankruptcy Code, or be forced into liquidation or substantially alter or restructure its business operations. These factors, among others, raise substantial doubt about the Company’s ability to continue as a going concern
.
 
During the first six months of 2016, the Company commenced negotiations with certain of its creditors and former sales representatives and executives to restructure its current and long-term obligations incurred prior to the sale of the majority of its CSO business in December 2015. The proposed restructuring by the Company includes reducing or extending the term of certain of its obligations, and/or converting a portion to equity. The Company believes that this proposed restructuring, if achieved will not only improve its liquidity, but also provide the flexibility for future funding. No assurance can be given that the negotiations to restructure the Company’s debt and obligations will be successful. The success of such negotiations is also likely dependent on the Company’s success in seeking financing.
 
 
At June 30, 2016, the Company had the following debt obligations which the Company plans to include in the proposed debt restructuring:
 
 
 
1.
Restructuring future payments and conditions related to the $10.7 million note payable to the former RedPath shareholders.
 
2.
Restructuring severance obligations to former executives ($3.2 million, including taxes).
 
3.
Restructuring obligations due to former sales representatives under the CSO incentive plan (up to $1 million including taxes). To date, 310 former sales representatives have accepted the Company’s offer to pay out approximately $0.6 million in equal installments over eight months.
 
There is no guarantee that the Company will be successful in restructuring its outstanding debt.
 
A summary of the Company’s most significant contractual obligations over the next 12 months are as follows:
 
   
Total
   
0 to 3
months
   
3 to 6
months
   
6 to 12
months
 
Note due Redpath Equityholders
  $ 4,001     $ -     $ 1,334     $ 2,667  
Severance obligations
    3,267       3,267       -       -  
DOJ settlement
    750       85       85       580  
Deferred Bonus - ERT salesforce
    922       230       346       346  
Total obligations
  $ 8,940     $ 3,582     $ 1,765     $ 3,593