Quarterly report pursuant to Section 13 or 15(d)

Leases

v3.22.2.2
Leases
9 Months Ended
Sep. 30, 2022
Leases [Abstract]  
Leases LeasesWe lease certain office facilities and equipment primarily under various operating leases. Our leases have remaining contractual terms up to ten years, some of which include options to extend the leases for up to five years. Our lease agreements do not contain any material residual value guarantees, material restrictive covenants, or material termination options. Our operating
lease costs are primarily related to facility leases for administration offices and research and development facilities, and our finance leases are primarily related to our right to use the equipment under the agreement with Hovione, our third-party manufacturer, to exclusively manufacture Captisol.

Lease assets and lease liabilities are recognized at the commencement of an arrangement where it is determined at inception that a lease exists. Lease assets represent the right to use an underlying asset for the lease term, and lease liabilities represent the obligation to make lease payments arising from the lease. These assets and liabilities are initially recognized based on the present value of lease payments over the lease term calculated using our incremental borrowing rate generally applicable to the location of the lease asset, unless the implicit rate is readily determinable. Lease assets also include any upfront lease payments made and adjusted for lease incentives and other items as prescribed by ASC Topic 842, Leases. Lease terms include options to extend or terminate the lease when it is reasonably certain that those options will be exercised.

In addition to base rent, certain of our operating leases require variable payments, such as insurance and common area maintenance. These variable lease costs, other than those dependent upon an index or rate, are expensed when the obligation for those payments is incurred. Leases with an initial term of 12 months or less are not recorded on the balance sheet, and the expense for these short-term leases and for operating leases is recognized on a straight-line basis over the lease term.

The depreciable life of lease assets and leasehold improvements is limited by the expected lease term, unless there is a transfer of title or purchase option reasonably certain of exercise.

Operating and Finance Lease Assets and Liabilities (in thousands):
Assets September 30, 2022 December 31, 2021
Operating lease assets $ 32,108  $ 16,542 
Finance lease assets 14,444  16,207 
Total lease assets $ 46,552  $ 32,749 
Liabilities
Current operating lease liabilities $ 2,345  $ 2,053 
Current finance lease liabilities 48  46 
2,393  2,099 
Long-term operating lease liabilities 34,893  15,494 
Long-term finance lease liabilities 14  58 
Total lease liabilities $ 37,300  $ 17,651 

During the three and nine months ended September 30, 2022, we entered into several lease agreements and amendments, which resulted in an increase in lease assets of $8.3 million and $18.4 million, and liabilities of $8.5 million and $21.7 million, respectively.

Maturity of Operating and Finance Lease Liabilities as of September 30, 2022 (in thousands):
Maturity Dates Operating Leases
Remaining three months ending December 31, 2022 $ 1,306 
2023 4,842 
2024 4,735 
2025 4,939 
2026 5,242 
2027 5,381 
Thereafter 22,317 
Total lease payments 48,762 
Less estimated tenant improvement allowance: (1,030)
Less imputed interest (10,494)
Present value of lease liabilities $ 37,238 
Leases LeasesWe lease certain office facilities and equipment primarily under various operating leases. Our leases have remaining contractual terms up to ten years, some of which include options to extend the leases for up to five years. Our lease agreements do not contain any material residual value guarantees, material restrictive covenants, or material termination options. Our operating
lease costs are primarily related to facility leases for administration offices and research and development facilities, and our finance leases are primarily related to our right to use the equipment under the agreement with Hovione, our third-party manufacturer, to exclusively manufacture Captisol.

Lease assets and lease liabilities are recognized at the commencement of an arrangement where it is determined at inception that a lease exists. Lease assets represent the right to use an underlying asset for the lease term, and lease liabilities represent the obligation to make lease payments arising from the lease. These assets and liabilities are initially recognized based on the present value of lease payments over the lease term calculated using our incremental borrowing rate generally applicable to the location of the lease asset, unless the implicit rate is readily determinable. Lease assets also include any upfront lease payments made and adjusted for lease incentives and other items as prescribed by ASC Topic 842, Leases. Lease terms include options to extend or terminate the lease when it is reasonably certain that those options will be exercised.

In addition to base rent, certain of our operating leases require variable payments, such as insurance and common area maintenance. These variable lease costs, other than those dependent upon an index or rate, are expensed when the obligation for those payments is incurred. Leases with an initial term of 12 months or less are not recorded on the balance sheet, and the expense for these short-term leases and for operating leases is recognized on a straight-line basis over the lease term.

The depreciable life of lease assets and leasehold improvements is limited by the expected lease term, unless there is a transfer of title or purchase option reasonably certain of exercise.

Operating and Finance Lease Assets and Liabilities (in thousands):
Assets September 30, 2022 December 31, 2021
Operating lease assets $ 32,108  $ 16,542 
Finance lease assets 14,444  16,207 
Total lease assets $ 46,552  $ 32,749 
Liabilities
Current operating lease liabilities $ 2,345  $ 2,053 
Current finance lease liabilities 48  46 
2,393  2,099 
Long-term operating lease liabilities 34,893  15,494 
Long-term finance lease liabilities 14  58 
Total lease liabilities $ 37,300  $ 17,651 

During the three and nine months ended September 30, 2022, we entered into several lease agreements and amendments, which resulted in an increase in lease assets of $8.3 million and $18.4 million, and liabilities of $8.5 million and $21.7 million, respectively.

Maturity of Operating and Finance Lease Liabilities as of September 30, 2022 (in thousands):
Maturity Dates Operating Leases
Remaining three months ending December 31, 2022 $ 1,306 
2023 4,842 
2024 4,735 
2025 4,939 
2026 5,242 
2027 5,381 
Thereafter 22,317 
Total lease payments 48,762 
Less estimated tenant improvement allowance: (1,030)
Less imputed interest (10,494)
Present value of lease liabilities $ 37,238