NOTE 5 — LEASE LIABILITIES AND RIGHT OF USE ASSETS

We determine whether an arrangement is a lease at inception. Right-of-use assets represent our right to use an underlying asset for the lease term, and lease liabilities represent our obligation to make lease payments arising from the lease.

Finance Leases

The Company has finance leases to purchase computer equipment. The amortization expense of the leased equipment is included in depreciation expense. As of December 31, 2021 and 2020, the Company’s outstanding finance lease obligations totaled $102,000 and $61,000, respectively. The effective interest rate of the finance leases is estimated at 6.0% based on the implicit rate in the lease agreements.

The following summarizes the assets acquired under finance leases included in property and equipment, net of disposals:

As of December 31, 

(in thousands)

    

2021

    

2020

Computer equipment

$

256

$

177

Less: accumulated depreciation

 

(156)

 

(116)

Assets acquired under finance leases, net

$

100

$

61

Operating Leases

Operating lease right-of-use assets and liabilities are recognized at commencement date based on the present value of lease payments over the expected lease term. Since our lease arrangements do not provide an implicit rate, we use our estimated incremental borrowing rate for the expected remaining lease term at commencement date in determining the present value of future lease payments. Operating lease expense is recognized on a straight-line basis over the lease term.

The Company has operating leases for office space in Tucson, Arizona, Marietta, Georgia, and Miami Beach, Florida. The lease for the principal office located in Tucson consists of approximately 5,200 square feet and ends in October 2022. The lease for the Marietta office, which consists of approximately 6,700 square feet, commenced in June 2019 and expires in August 2024. In the second quarter of 2021, we terminated the lease with a company controlled by our Executive Chairman and closed our Scottsdale, Arizona office.

In October 2021, the Company entered into a lease agreement for new office space in Miami Beach, Florida, consisting of approximately 2,739 square feet. The new lease commenced on October 5, 2021 and will expire in May 2024. Upon commencement of the new lease, we recorded a right-of-use asset and corresponding operating lease liability of $482,000. Refer to Note 8 – Related Party Transactions for additional information on this office lease.

In addition, the Company entered into membership agreements to occupy shared office space in Austin, Texas, Portland, Oregon, and Seattle, Washington. The membership agreements do not qualify as a lease under ASC 842, therefore the Company expenses membership fees as they are incurred. Refer to Note 9 – Commitments and Contingencies for further details on our shared office arrangements which provide for a minimum term.

The Company made operating lease payments in the amount of $310,000 and $255,000 during the years ended December 31, 2021 and 2020, respectively.

The following summarizes the total lease liabilities and remaining future minimum lease payments at December 31, 2021 (in thousands):

    

Finance

    

Operating

    

Year ending December 31,

Leases

Leases

Total

2022

$

61

$

456

$

517

2023

 

40

 

322

 

362

2024

 

7

 

149

 

156

Total minimum lease payments

 

108

 

927

 

1,035

Less: present value discount

 

(6)

 

(62)

 

(68)

Total lease liabilities

$

102

$

865

$

967

Current portion of lease liabilities

$

57

$

415

$

472

Long term portion of lease liabilities

$

45

$

450

$

495

The following summarizes expenses associated with our finance and operating leases for the years ended December 31, 2021 and 2020:

Year ended December 31,

(in thousands)

2021

2020

Finance lease expenses:

    

  

  

Depreciation expense

$

77

$

56

Interest on lease liabilities

 

8

 

6

Total Finance lease expense

 

85

 

62

Operating lease expense

 

304

 

292

Short-term lease and related expenses

 

217

 

155

Total lease expenses

$

606

$

509

The following table provides information about the remaining lease terms and discount rates applied as of December 31, 2021 and 2020:

As of December 31,

2021

2021

Weighted average remaining lease term (years)

    

  

Operating leases

 

2.27

2.95

Finance leases

 

1.92

1.44

Weighted average discount rate (%)

 

  

Operating leases

 

6.00

6.00

Finance leases

 

6.00

6.00

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Historical Timeline

Fiscal YearFiled
2021Mar 11, 2022Showing above
2020Mar 11, 2021

About Leases Disclosures

Lease disclosures under ASC 842 provide a comprehensive view of a company's leased asset portfolio, including the split between operating and finance leases, discount rates used to present-value future payments, and the maturity schedule of lease obligations. This section reveals a significant source of off-balance-sheet commitments that were largely hidden before the current standard.

Key signals: the weighted-average discount rate affects the size of recorded lease liabilities — a higher rate reduces the reported obligation, so compare the chosen rate against the company's incremental borrowing rate. The operating versus finance lease mix affects both EBITDA and operating income presentation. Watch the maturity table for concentration risk: large payment cliffs in specific years may create cash flow pressure. Variable lease payments excluded from the liability measurement represent real obligations that do not appear on the balance sheet. Compare total lease costs against prior-year operating lease expense to assess the true economic burden.