Annual report pursuant to section 13 and 15(d)

3. Accrued Liabilities

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3. Accrued Liabilities
12 Months Ended
Dec. 31, 2012
Payables and Accruals [Abstract]  
Accrued Liabilities

Accrued but unpaid salaries and vacation benefits total $516,083 and $193,519 as of December 31, 2012 and 2011, respectively.   Debenture Interest accrued and unpaid is $45,716 at December 31, 2012 and $19,049 at December 31, 2011.  Other accrued liabilities totaling $496,662 and $408,684 for the twelve months ended December 31, 2012 and 2011 are as follows:

 

    2012     2011  
Allowance for Sales Returns   $ 53,000     $ 84,000  
Distribution Arrangements Payable     217,858       236,420  
Deferred Revenue     110,177        
Royalties Payable     59,033       50,743  
Other Accrued Expenses     56,594       37,521  
Total Accrued Expenses   $ 496,662     $ 408,684  

 

The Company recognized a derivative liability for the conversion feature and warrants for the $1.0 million senior secured debenture issued on June 27, 2012 as an embedded derivative. It was valued on the respective transaction dates of June 27, 2012 for issuance of the debentures and the period ended December 31, 2012 using a Black-Scholes pricing model. The conversion feature may be exercised at any time and are thus reported as current liabilities. Warrants to purchase 5,000,000 shares of common stock were issued to Hillair as part of the debenture and 380,952 warrants to purchase shares of common stock were issued to National Securities Corporation and several of its employees, who acted as placement agent to the Company in connection with the Debenture. These warrants have a cashless exercise provision effective six months after the issuance date. In accordance with ASC 815-10-25, we measured the subsequent derivative valuation using a Black-Scholes pricing model on December 31, 2012 and recorded the additional derivative liability as of that date. See Note 6: Stockholders’ Equity for additional information on the warrants issued. At the end of each quarterly reporting date the values are evaluated and adjusted to current market value. The amount recorded as of December 31, 2012 and December 31, 2011 was $68,962 and $0, respectively.

  

Derivative liability activity for the twelve months ending December 31, 2012 was as follows:

 

    December 31, 2012     June 27, 2012    

Gain (Loss) on Derivative, 12 Months Ending
December 31, 2012

 
Conversion feature of the June 27, 2012 Securities Purchase Agreement (see note 4)   $ 15,743     $ 269,284     $ (253,541 )
5,000,000 Warrants     49,491             49,491  
380,952 Warrants     3,728             3,728  
Total   $ 68,962     $ 269,284     $ (200,322 )

 

Fair market values of the Company's derivatives as of December 31, 2012 were based on the Black Scholes valuation using the following assumptions:

 

    Conversion Feature     Warrants  
Risk-free interest rate     0.25%       0.73%  
Expected life in years     1.49       4.5  
Dividend yield     0       0  
Expected volatility     75.84%       70.00%  

 

The Company recorded a gain on the derivative valuation for the debenture in the amounts of $200,322 and $0 for the twelve months ended December 31, 2012 and 2011, respectively.