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The components of lease expense, included within general and administrative expenses and sales and marketing expenses in the condensed
consolidated statements of operations and comprehensive loss, are as follows:
Three months ended Three months ended
Six months ended Six months ended
June 30, 2023
June 30, 2022
June 30, 2023
June 30, 2022
Operating lease expense
Operating lease expense
$
457,248
$
549,451
$
1,399,379
$
826,329
Short-term lease expense
175,689
382,387
323,565
771,307
$
632,937
$
931,838
$
1,722,944
$
1,597,636
June 30, 2023
December 31, 2022
Weighted average remaining operating lease term (in years)
9.14
9.41
Weighted average operating lease discount rate
10.46 %
10.28 %
As of June 30, 2023, the maturities of the Company's operating lease liabilities (excluding short-term leases) are as follows:
June 30, 2023
2023 (remaining six months)
$
1,476,829
2024
2,860,671
2025
2,789,540
2026
2,847,403
2027
2,598,847
Thereafter
15,230,661
Total minimum lease payments
27,803,951
Less: interest
10,513,303
Present value of lease obligations
17,290,648
Less: Current portion
1,162,673
Long-term portion of lease obligations
$
16,127,975
During the three months ended June 30, 2023, the Company terminated the lease of its previous Burnaby, BC, Canada headquarters, and
derecognized the right-of-use assets of $828,193 and lease liability of $936,029. The gain on this disposal was $107,836 and is recorded
within other income (expense), net in the condensed consolidated statement of operations and comprehensive loss.
10.
Contract termination liability
On September 29, 2017, the Company entered into a manufacturing agreement with Zongshen, which was amended on June 23, 2021 (as
amended, the "Manufacturing Agreement"). Pursuant to the Manufacturing Agreement, Zongshen agreed to manufacture the Company's
SOLO vehicles, and the Company agreed to certain target purchase volumes for the period from June 1, 2021, to November 30, 2023.
On December 20, 2022, the Company gave notice to Zongshen to immediately cease all production of SOLO vehicles due to the economic
hardship and issues noted with the vehicles. As a result, Zongshen claimed $22.8 million in relation to the termination of the Manufacturing
Agreement. As of December 31, 2022, the Company estimated a $15.7 million termination provision, representing the Company's best
assessment of the settlement amount, which is presented as a contract termination liability within the Company's condensed consolidated
balance sheets.
On May 8, 2023, the Company entered into a settlement deed (the "Settlement Agreement") with Zongshen, effective as of May 4, 2023.
The Settlement Agreement resolves all outstanding claims relating to the Manufacturing Agreement and the related cancellation notice and
defective notice provided by the Company to Zongshen.
As of June 30, 2023, in fulfillment of all obligations under the Settlement Agreement and in settlement of the existing contract termination
liability of $15.7 million, the Company paid $8.0 million in cash to Zongshen, de-recognized existing prepaid deposits of $7,167,340 and
accounts payable to Zongshen of $281,462, and recognized 129 SOLO vehicle inventories received from Zongshen valued at $44,244,
resulting in a gain on settlement of contract termination liability of $858,366.