Annual report pursuant to section 13 and 15(d)

Note 4: Notes Payable and Accrued Interest - Related Parties

v2.3.0.11
Note 4: Notes Payable and Accrued Interest - Related Parties
12 Months Ended
Dec. 31, 2011
Related Party Transactions Disclosure [Text Block]
Note 4:  Notes Payable and Accrued Interest - Related Parties

As of December 31, 2011 and 2010, the Company had the following notes payable and accrued interest balances outstanding:

   
2011
   
2010
 
                 
Related Party Note Payable
 
$
136,840
   
$
360,840
 
Accrued Interest on Related Party Note
   
33,982
     
22,142
 
Officer Loans
   
229,120
     
311,987
 
Subordinated Officer Loans
   
1,620,137
     
1,620,137
 
Accrued Interest on Subordinated Loans
   
123,099
     
24,090
 
Total Notes Payable and Accrued Interest
   
2,143,178
     
2,339,197
 
Less: Current Portion
   
-
     
-
 
Long Term Portion
 
$
2,143,178
   
$
2,339,197
 

On February 1, 2008, Isabel Moeller, sister of our Chief Executive Officer, Klaus Moeller, loaned $310,000 to the Company at an interest rate equal to 8% per annum as a short term note payable.  The funds were borrowed from Ms. Moeller in order to reduce outstanding obligations due to Genius Products at that time.  Subsequent agreements extended the maturity date to December 31, 2010 and reduced the stated interest rate to six (6%) percent per annum.  On September 30, 2010, Ms. Moeller agreed to accept a new note with a maturity date of December 31, 2012, resulting in the reclassification of the total amount outstanding, including principal and accrued interest, as long term debt.  On March 7, 2012, Ms. Moeller executed and extension agreement to change the maturity date of the note to January 15, 2015, with no change in the terms. Payments were made on the outstanding principal in the amount of $14,000 and $10,000 on February 9, 2011 and April 27, 2011, respectively.  On April 1, 2011, Ms. Moeller converted $200,000 of the outstanding principle to 1,000,000 shares of the Company’s common stock.  The amount due to Ms. Moeller as of December 31, 2011 and December 31, 2010 includes $33,982 and $22,142 in accrued but unpaid interest, respectively.

Notes were issued in favor of four of the Company’s officers (the “Officers”) for loans to the Company at various times during the years 2007 through 2009.  On December 31, 2009, the Officers agreed to issue new note agreements for the outstanding balances, including accrued but unpaid interest, with a maturity date of December 31, 2010 and a stated interest rate of 6% per annum.  Repayments in the aggregate amount of $60,654 were made on August 11, 2010.  On September 30, 2010, the Officers agreed to extend the maturity date of the loans to December 31, 2012 resulting in the outstanding balances, including principal and accrued interest, to be reclassified as long term debt.  On March 7, 2012, the four Officers agreed to execute extension agreements to change the maturity date on their respective notes to January 15, 2015, with no change in the terms.  On October 12, 2010 repayments were made in the aggregate amount of $40,707. Additional repayments were made on February 2, 2011 and April 27, 2011 in the aggregate amounts of $66,000 and $30,000, respectively.  The amount due to the Officers on these notes includes accrued but unpaid interest in the amounts of $34,956 and $21,824 as of December 31, 2011 and December 31, 2010, respectively.

On September 30, 2010, four of the Officers agreed to convert accrued but unpaid salaries through September 30, 2010 to subordinated long term notes payable.  In February 2011, as a result of an agreement by each of the four Officers to retroactively decrease the amount of the annual salary for 2010 from $125,000 per annum per Officer to $80,000,  the amount of the notes were reduced to an aggregate of $1,620,137.  The notes have a maturity date of December 31, 2012 and a stated interest rate of six percent (6%) per annum, said interest accruing from October 1, 2010 on the unpaid balance of principal and interest.  On March 7, 2012, the four Officers agreed to execute extension agreements to change the maturity date on their respective notes to January 15, 2015, with no change in the terms.  There is no prepayment penalty.  As of December 31, 2011 and December 31, 2010, the accrued but unpaid interest totals $123,099 and $24,090, respectively.