Quarterly report [Sections 13 or 15(d)]

Commitments and Contingencies

v3.25.1
Commitments and Contingencies
6 Months Ended
Mar. 30, 2025
Commitments and Contingencies Disclosure [Abstract]  
Commitments and Contingencies

Note 4 - Commitments and Contingencies

 

Non-cancellable Operating Leases

 

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

 

The leased facility under 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 two months of rent abatement for April and May of 2021. The monthly rent includes approximately $12 thousand for additional Common Area Maintenance fees and taxes (“CAM”), to be adjusted annually based on actual expenses incurred by the landlord.

 

The leased facility under the 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 includes 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 thousand standby letter of credit. The monthly rent includes approximately $9 thousand for additional CAM, to be adjusted annually based on actual expenses incurred by the landlord.

 

The Company had one non-cancellable office equipment lease with a commencement date of October 1, 2018 and a term of 39 months. The lease cost for the equipment was $1.5 thousand per month from October 1, 2018 through December 31, 2021. The lease was renewed on November 18, 2021 for an additional 48 months at a cost of $1.2 thousand per month.

 

As of March 30, 2025, the remaining minimum base lease and estimated common area maintenance (CAM) payments under the non-cancellable office equipment and facility space leases are as follows:

 

Non-cancellable Operating Leases Minimum Payments

 

Fiscal Year   Facility Lease Payments     Facility Lease Payments     Lease Payments     Total Lease Payments     Total Variable CAM Estimate  
    (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

 
                               
2025 Base year lease     171       153       7       331       146  
2026 Base year lease     346       313       4       663       293  
2027 Base year lease     357       322       -       679       298  
2028 Base year lease     241       330       -       571       213  
2029 Base year lease     -       83       -       83       30  
Total base lease payments   $ 1,115     $ 1,201     $ 11     $ 2,327     $ 980  
Imputed interest on lease payments (1)     (87 )     (109 )     -       (196 )      
Total Operating Lease Liability(2)   $ 1,028     $ 1,092     $ 11     $ 2,131        
                                       
Right-of-use Asset(3)   $ 944     $ 1,015     $ 11     $ 1,970        

 

(1) Assumes a discount borrowing rate of 5.0% on the lease amendments effective as of January 11, 2021.
   
(2) Short-term and Long-term portion of Operating Lease Liability is $644 thousand and $1,487 thousand, respectively.
 
(3) Includes $161 thousand of unamortized deferred rent.

 

 

Total expense under both facility lease agreements for the three months ended March 30, 2025 and March 31, 2024 was $245 and $241 thousand, respectively. Total office equipment rentals included in operating expenses was $7 and $8 thousand for the three months ended March 30, 2025 and March 31, 2024, respectively.

 

Total expense under both facility lease agreements for the six months ended March 30, 2025 and March 31, 2024 was $469 and $457 thousand, respectively. Total office equipment rentals included in operating expenses was $14 thousand and $13 thousand for the six months ended March 30, 2025 and March 31, 2024, respectively.