Quarterly report pursuant to Section 13 or 15(d)

Commitments and Contingencies

v3.21.2
Commitments and Contingencies
6 Months Ended
Feb. 28, 2021
Commitments and Contingencies Disclosure [Abstract]  
COMMITMENTS AND CONTINGENCIES
22. COMMITMENTS AND CONTINGENCIES

The company has commitments under equipment financing arrangements entered into in prior periods, see Note 7, above.


Maturity of Leases


The amount of future minimum lease payments under finance leases is as follows:


    February 28,
2021
   

August 31,
2020

 
Undiscounted minimum future lease payments            
Total instalments due:            
Within 1 year   $ 177,540     $ 193,680  
1 to 2 years     -       80,700  
2 to 3 years     -       -  
      177,540       274,380  

The amount of future minimum lease payments under operating leases is as follows:


   

February 28,
2021

    August 31,
2020
 
Undiscounted minimum future lease payments            
Total instalments due:            
Within 1 year   $ 61,987     $ 61,070  
1 to 2 years     63,846       62,903  
2 to 3 years     65,762       64,790  
3 to 4 years     33,367       66,734  
      224,962       255,497  

Legal Matters


On December 27, 2018, the Company executed and delivered: (i) a Settlement Agreement (the “Settlement Agreement”) with Redline Capital Management S.A. (“Redline”) and Momentum Asset Partners II, LLC; (ii) a secured promissory note payable to Redline in the principal amount of $6,000,000 (the “Note”) with a maturity date of 27 December 2020, bearing interest at 10% per annum; and (iii) a Security Agreement (together with the Settlement Agreement and the Note, the “Redline Agreements”) among the Company, Redline, and TMC Capital, LLC (“TMC”), an indirect wholly-owned subsidiary of the Company.


After undertaking an in-depth analysis of the Redline Agreements in the context of the underlying transactions and events, special legal counsel to the Company has opined that the Redline Agreements are likely void and unenforceable.


The Company’s special legal counsel regards the possibility of Redline’s success in pursuing any claims against the Company or TMC under the Redline Agreements as less than reasonably possible and therefore no provision has been raised against these claims.


The Company is currently evaluating the options and remedies that are available to it to ensure that the Redline Agreements are declared as void or are rescinded and extinguished.