Annual report pursuant to Section 13 and 15(d)

Commitments and Contingencies

v3.21.2
Commitments and Contingencies
12 Months Ended
Aug. 31, 2021
Commitments and Contingencies Disclosure [Abstract]  
COMMITMENTS AND CONTINGENCIES
31. COMMITMENTS AND CONTINGENCIES

 

The company has commitments under equipment financing arrangements entered into in prior periods, see Note 11, above.

 

Maturity of Leases

 

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

 

    August 31,
2021
Undiscounted minimum future lease payments    
Total instalments due:    
Within 1 year   $ 80,700  
Total instalments due under finance leases   $ 80,700  

 

The Company has entered into an office lease arrangement which, including the Company’s share of operating expenses and property taxes, will require estimated minimum annual payments of:

 

    August 31,
2021
Undiscounted minimum future lease payments    
Total instalments due:    
Within 1 year   $ 62,903  
1 to 2 years     64,790  
2 to 3 years     66,734  
Total instalments under operating leases   $ 194,427  

 

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the options and remedies that are available to it to ensure that the Redline Agreements are declared as void or are rescinded and extinguished.