SIGA » Topics » 11. Commitments and Contingencies

These excerpts taken from the SIGA 10-K filed Mar 6, 2009.

12. Commitments and Contingencies

Operating lease commitments

As of December 31, 2008, our purchase obligations are not material. The Company leases certain facilities and office space under operating leases. Minimum future rental commitments under operating leases having non-cancelable lease terms in excess of one year and future minimum payments under notes payable are as follows:

 

 

 

 

 

 

Year ended December 31,

 

Lease obligations

 

 

 

 

 

 

2009

 

 

 

608,400

 

2010

 

 

 

495,200

 

2011

 

 

 

472,500

 

 

 

 



 

Total

 

$

1,576,100

 

 

 

 



 

Other

          In December 2006, PharmAthene, Inc. (“PharmAthene”) filed an action against the Company in the Court of Chancery in the State of Delaware, captioned PharmAthene, Inc. v. SIGA Technologies, Inc., C.A. No. 2627-N. In its Complaint, PharmAthene asks the Court to order the Company to enter into a license agreement with PharmAthene with respect to ST-246®, as well as issue a declaration that the Company is obliged to execute such a license agreement, and award damages resulting from the Company’s supposed breach of that obligation. PharmAthene also alleges that SIGA breached an obligation to negotiate such a license agreement in good faith, as well as seeks damages for promissory estoppel and unjust enrichment based on supposed information, capital and assistance that PharmAthene allegedly provided to SIGA during the negotiation process. In January 2007, SIGA filed a motion to dismiss the Complaint in its entirety for failure to state a claim upon which relief can be granted. In January 2008, the Court of Chancery denied the Company’s motion to dismiss and lifted a related stay of discovery. Discovery is proceeding. The Company filed its answer to the Complaint denying all material allegations.

As of December 31, 2008, the Company believes that a possible loss or range of loss cannot be reasonably estimated because PharmAthene, in its complaint, seeks injunctive and declaratory relief as well as unspecified monetary damages and the Company asserted what it believes to be meritorious defenses. Therefore, the Company has concluded that it is not possible to reasonably estimate a range of loss.

From time to time, the Company is involved in disputes or legal proceedings arising in the ordinary course of business. The Company believes that there is no other dispute or litigation pending that could have, individually or in the aggregate, a material adverse effect on its financial position, results of operations or cash flows.

53



12. Commitments and Contingencies



Operating lease commitments



As of December 31, 2008, our purchase obligations are not material. The Company leases certain facilities and office space under operating leases. Minimum future rental commitments under operating leases having non-cancelable lease terms in excess of one year and future minimum payments under notes payable are as follows:


























































































































 



 



 



 



 



 



Year ended December 31,



 



Lease obligations



 



 



 



 



 



 



2009



 



 



 



608,400



 



2010



 



 



 



495,200



 



2011



 



 



 



472,500



 



 



 



 









 



Total



 



$



1,576,100



 



 



 



 









 




Other



          In December 2006, PharmAthene, Inc. (“PharmAthene”) filed an action against the Company in the Court of Chancery in the State of Delaware, captioned PharmAthene, Inc. v. SIGA Technologies, Inc., C.A. No. 2627-N. In its Complaint, PharmAthene asks the Court to order the Company to enter into a license agreement with
PharmAthene with respect to ST-246®, as well as issue a declaration that the Company is obliged to execute such a license agreement, and award damages resulting from the Company’s supposed breach of that obligation. PharmAthene also alleges that SIGA breached an obligation to negotiate such a license agreement in good faith, as well as seeks damages for promissory estoppel and unjust enrichment based on supposed information, capital and assistance
that PharmAthene allegedly provided to SIGA during the negotiation process. In January 2007, SIGA filed a motion to dismiss the Complaint in its entirety for failure to state a claim upon which relief can be granted. In January 2008, the Court of Chancery denied the Company’s motion to dismiss and lifted a related stay of discovery. Discovery is proceeding. The Company filed its answer to the Complaint denying all material allegations.



As of December 31, 2008, the Company believes that a possible loss or range of loss cannot be reasonably estimated because PharmAthene, in its complaint, seeks injunctive and declaratory relief as well as unspecified monetary damages and the Company asserted what it believes to be meritorious defenses. Therefore, the Company has concluded that it is not possible to reasonably estimate a range of loss.



From time to time, the Company is involved in disputes or legal proceedings arising in the ordinary course of business. The Company believes that there is no other dispute or litigation pending that could have, individually or in the aggregate, a material adverse effect on its financial position, results of operations or cash flows.



53









This excerpt taken from the SIGA 10-Q filed Nov 6, 2008.

7.       Commitments and Contingencies

As of September 30, 2008, our purchase obligations are not material. We lease certain facilities and office space under operating leases. On December 31, 2007, minimum future rental commitments under operating leases having non-cancelable lease terms in excess of one year are as follows:

 

 

 

 

 

Year ended December 31,

 

Lease obligations

 

 

 

 

 

 

2008

 

$

576,948

 

2009

 

 

579,648

 

2010

 

 

466,448

 

2011

 

 

443,748

 

 

 



 

Total

 

$

2,066,792

 

 

 



 

Other

          On December 20, 2006, PharmAthene, Inc. (“PharmAthene”) filed an action against SIGA in the Court of Chancery in the State of Delaware, captioned PharmAthene, Inc. v. SIGA Technologies, Inc., C.A. No. 2627-N. In its Complaint, PharmAthene asks the Court to order the Company to enter into a license agreement with PharmAthene with respect to SIGA-246, as well as issue a declaration that SIGA is obliged to execute such a license agreement, and award damages resulting from SIGA’s supposed breach of that obligation. PharmAthene also alleges that SIGA breached an obligation to negotiate such a license agreement in good faith, as well as seeks damages for promissory estoppel and unjust enrichment based on supposed information, capital and assistance that PharmAthene allegedly provided to SIGA during the negotiation process. On January 9, 2007, SIGA filed a motion to dismiss the Complaint in its entirety for failure to state a claim upon which relief can be granted. The Company moved to stay discovery on January 26, 2007 and this motion was granted on March 8, 2007. On January 16, 2008, the Court of Chancery denied SIGA’s motion to dismiss and lifted the stay of discovery. Discovery is proceeding. The Company filed its answer to the Complaint on January 31, 2008. SIGA plans to continue to defend itself vigorously.

10



This excerpt taken from the SIGA 10-Q filed May 9, 2008.

6. Commitments and Contingencies

As of March 31, 2008, our purchase obligations are not material. We lease certain facilities and office space under operating leases. On December 31, 2007, minimum future rental commitments under operating leases having non-cancelable lease terms in excess of one year are as follows:

 

 

 

 

 

 

Year ended December 31,

 

Lease obligations

 

 

 

 

 

 

2008

 

 

 

576,948

 

2009

 

 

 

579,648

 

2010

 

 

 

466,448

 

2011

 

 

 

443,748

 

 

 

 



 

Total

 

$

2,066,792

 

 

 



 

9



Other

          On December 20, 2006, PharmAthene, Inc. (“PharmAthene”) filed an action against SIGA in the Court of Chancery in the State of Delaware, captioned PharmAthene, Inc. v. SIGA Technologies, Inc., C.A. No. 2627-N. In its Complaint, PharmAthene asks the Court to order the Company to enter into a license agreement with PharmAthene with respect to SIGA-246, as well as issue a declaration that SIGA is obliged to execute such a license agreement, and award damages resulting from SIGA’s supposed breach of that obligation. PharmAthene also alleges that SIGA breached an obligation to negotiate such a license agreement in good faith, as well as seeks damages for promissory estoppel and unjust enrichment based on supposed information, capital and assistance that PharmAthene allegedly provided to SIGA during the negotiation process. On January 9, 2007, SIGA filed a motion to dismiss the Complaint in its entirety for failure to state a claim upon which relief can be granted. The Company moved to stay discovery on January 26, 2007 and this motion was granted on March 8, 2007. On January 16, 2008, the Court of Chancery denied SIGA’s motion to dismiss and lifted the stay of discovery. Discovery is proceeding. The Company filed its answer to the Complaint on January 31, 2008. SIGA plans to defend itself vigorously.

10



These excerpts taken from the SIGA 10-K filed Mar 13, 2008.

11. Commitments and Contingencies

Operating lease commitments

As of December 31, 2007, our purchase obligations are not material. The Company leases certain facilities and office space under operating leases. Minimum future rental commitments under operating leases having non-cancelable lease terms in excess of one year and future minimum payments under notes payable are as follows:

 

 

 

 

 

 

 

Year ended December 31,

 

Lease obligations

 

 

 

 

 

 

 

 

2008

 

 

 

576,948

 

 

2009

 

 

 

579,648

 

 

2010

 

 

 

466,448

 

 

2011

 

 

 

443,748

 

 

 

 

 



 

 

Total

 

 

$

2,066,792

 

 

 

 

 



 

 

Other

On December 20, 2006, PharmAthene, Inc. (“PharmAthene”) filed an action against SIGA in the Court of Chancery in the State of Delaware, captioned PharmAthene, Inc. v. SIGA Technologies, Inc., C.A. No. 2627-N. In its Complaint, PharmAthene asks the Court to order the Company to enter into a license agreement with PharmAthene with respect to SIGA-246, as well as issue a declaration that we are obliged to execute such a license agreement, and award damages resulting from our supposed breach of that obligation. PharmAthene also alleges that the Company breached an obligation to negotiate such a license agreement in good faith, as well as seeks damages for promissory estoppel and unjust enrichment based on supposed information, capital and assistance that PharmAthene allegedly provided to SIGA during the negotiation process. On January 9, 2007, SIGA filed a motion to dismiss the Complaint in its entirety for failure to state a claim upon which relief can be granted. The Company moved to stay discovery on January 26, 2007 and this motion was granted on March 8, 2007. On January 16, 2008, the Court of Chancery denied SIGA’s motion to dismiss and lifted the stay of discovery. Both parties to the litigation have outstanding document requests and discovery is proceeding. The Company filed its answer to the Complaint on January 31, 2008. SIGA plans to defend itself vigorously.

From time to time, the Company is involved in disputes or legal proceedings arising in the ordinary course of business. The Company believes that there is no other dispute or litigation pending that could have, individually or in the aggregate, a material adverse effect on its financial position, results of operations or cash flows.

47



11.
Commitments and Contingencies



Operating
lease commitments



As of December
31, 2007, our purchase obligations are not material. The Company leases certain
facilities and office space under operating leases. Minimum future rental commitments
under operating leases having non-cancelable lease terms in excess of one year and
future minimum payments under notes payable are as follows:






























































































































































 



 



 



 



 



 



 



Year
ended December 31,



 



Lease
obligations



 



 



 



 



 



 



 



 




2008



 



 



 




576,948



 



 




2009



 



 



 




579,648



 



 




2010



 



 



 




466,448



 



 




2011



 



 



 




443,748



 



 



 



 



 









 



 




Total



 



 




$




2,066,792



 



 



 



 



 









 



 





Other



On December 20,
2006, PharmAthene, Inc. (“PharmAthene”) filed an action against SIGA in the
Court of Chancery in the State of Delaware, captioned PharmAthene, Inc. v. SIGA
Technologies, Inc
., C.A. No. 2627-N. In its Complaint, PharmAthene asks the Court
to order the Company to enter into a license agreement with PharmAthene with respect to
SIGA-246, as well as issue a declaration that we are obliged to execute such a license
agreement, and award damages resulting from our supposed breach of that obligation.
PharmAthene also alleges that the Company breached an obligation to negotiate such a
license agreement in good faith, as well as seeks damages for promissory estoppel and
unjust enrichment based on supposed information, capital and assistance that
PharmAthene allegedly provided to SIGA during the negotiation process. On January 9,
2007, SIGA filed a motion to dismiss the Complaint in its entirety for failure to state
a claim upon which relief can be granted. The Company moved to stay discovery on
January 26, 2007 and this motion was granted on March 8, 2007. On January 16, 2008, the
Court of Chancery denied SIGA’s motion to dismiss and lifted the stay of
discovery. Both parties to the litigation have outstanding document requests and
discovery is proceeding. The Company filed its answer to the Complaint on January 31,
2008. SIGA plans to defend itself vigorously.



From time to
time, the Company is involved in disputes or legal proceedings arising in the ordinary
course of business. The Company believes that there is no other dispute or litigation
pending that could have, individually or in the aggregate, a material adverse effect on
its financial position, results of operations or cash flows.



47









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