Quarterly report pursuant to Section 13 or 15(d)

Commitments and Contingencies

v3.21.4
Commitments and Contingencies
3 Months Ended
Nov. 30, 2021
Commitments and Contingencies Disclosure [Abstract]  
COMMITMENTS AND CONTINGENCIES
24. COMMITMENTS AND CONTINGENCIES

 

The company has commitments under equipment financing arrangements entered into in prior periods, see Note 8, above.

 

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

 

    November 30,
2021
 
Undiscounted minimum future lease payments        
Total instalments due:        
Within 1 year   $ 32,280  
    $ 32,280  

 

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

 

    November 30,
2021
 
Undiscounted minimum future lease payments        
Total instalments due:        
Within 1 year   $ 63,375  
1 to 2 years     65,276  
2 to 3 years     50,050  
    $ 178,701  

 

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the options and remedies that are available to it to ensure that the Redline Agreements are declared as void or are rescinded and extinguished.