Quarterly report pursuant to Section 13 or 15(d)

Commitments and Contingencies

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Commitments and Contingencies
3 Months Ended
Dec. 31, 2023
Commitments and Contingencies Disclosure [Abstract]  
Commitments and Contingencies

Note 5 - Commitments and Contingencies

 

Non-cancellable Operating Leases

 

Optex Systems Holdings leases its office and manufacturing facilities for the Optex Systems, Inc., Richardson location and the Applied Optics Center Dallas location. The Company also leases certain office equipment under non-cancellable operating leases.

 

The facility leased by Optex Systems Inc. located at 1420 Presidential Drive, Richardson, Texas consists of 49,100 square feet of space at the premises. The previous lease term for this location expired March 31, 2021 and the monthly base rent was $24.6 thousand through March 31, 2021. On January 11, 2021 the Company executed a sixth amendment extending the terms of the lease for eighty-six (86) months, commencing on April 1, 2021 and ending on May 31, 2028. The initial base rent is set at $25.3 thousand and escalates 3% on April 1 each year thereafter. The initial term included 2 months of rent abatement for April and May of 2021. The monthly rent includes approximately $13.1 thousand for additional Common Area Maintenance fees and taxes (“CAM”), to be adjusted annually based on actual expenses incurred by the landlord.

 

The facility leased by Applied Optics Center located at 9839 and 9827 Chartwell Drive, Dallas, Texas, consists of 44,867 square feet of space at the premises. The previous lease term for this location expired on October 31, 2021 and the monthly base rent was $21.9 thousand through the end of the lease. On January 11, 2021 the Company executed a first amendment extending the terms of the lease for eighty-six (86) months, commencing on November 1, 2021 and ending on December 31, 2028. The initial base rent is set at $23.6 thousand as of January 1, 2022 and escalates 2.75% on January 1 each year thereafter. The initial term included 2 months of rent abatement for November and December of 2021. The amendment provides for a five-year renewal option at the end of the lease term at the greater of the then “prevailing rental rate” or the then current base rental rate. Our obligations to make payments under the lease are secured by a $125,000 standby letter of credit. The monthly rent includes approximately $9.3 thousand for additional CAM, to be adjusted annually based on actual expenses incurred by the landlord.

 

As of December 31, 2023, the remaining minimum lease and estimated CAM payments under the non-cancelable facility space leases are as follows:

 

 

                               
    (Thousands)              
    Optex Richardson     Applied Optics Center     Office Equipment     Consolidated  
Fiscal Year   Facility Lease Payments     Facility Lease Payments     Lease Payments     Total Lease Payments     Total Variable CAM Estimate  
2024 Base year lease   $ 246     $ 224     $ 11     $ 481     $ 225  
2025 Base year lease     336       305       15       656       306  
2026 Base year lease     346       313       3       662       312  
2027 Base year lease     357       322       -       679       318  
2028 Base year lease     242       330       -       572       249  
2029 Base year lease     -       83       -       83       43  
Total base lease payments   $ 1,527     $ 1,577     $ 29     $ 3,133     $ 1,453  
Imputed interest on lease payments (1)     (163 )     (188 )     (1 )     (352 )        
Total Operating Lease Liability(2)   $ 1,364     $ 1,389     $ 28     $ 2,781          
                                         
Right-of-use Asset(3)   $ 1,275     $ 1,312     $ 28     $ 2,615          

 

(1) Assumes a discount borrowing rate of 5.0% on the new lease amendments effective as of January 11, 2021.
   
(2) Includes $166 thousand of unamortized deferred rent.
   
(3) Short-term and Long-term portion of Operating Lease Liability is $625 thousand and $2,156 thousand, respectively.

 

Total facilities rental and CAM expense under both facility lease agreements for the three months ended December 31, 2023 and January 1, 2023 was $217 and $214 thousand, respectively. Total office equipment rentals included in operating expenses was $5 and $5 thousand for the three months ended December 31, 2023 and January 1, 2023, respectively.