Quarterly report pursuant to Section 13 or 15(d)

Commitments and Contingencies

v3.22.2.2
Commitments and Contingencies
9 Months Ended
Sep. 30, 2022
Commitments and Contingencies  
Commitments and Contingencies

13. Commitments and Contingencies

During the three and nine months ended September 30, 2022, Mustang entered into a new lease for office space commencing on July 1, 2022. The lease has a term of 7 years and 7 months, with rent obligations beginning on November 1, 2022. Base rent is $49,000 per month and increases to $56,000 per month during the term of the lease. The first 24 months of rent payments are abated, and the lease includes a $0.3 million tenant improvement allowance. There were no other material changes in our contractual obligations and commitments, including our lease obligations, as described in our 2021 Form 10-K.

During the three and nine months ended September 30, 2022 and 2021, the Company recorded the following as lease expense to current period operations:

    

Three Months Ended September 30, 

    

Nine Months Ended September 30, 

    

($ in thousands)

2022

2021

2022

2021

Operating lease cost

$

940

$

819

$

2,589

$

2,429

Shared lease costs

 

(542)

(446)

 

(1,592)

(1,367)

Variable lease cost

 

198

190

 

459

547

Total lease expense

$

596

$

563

$

1,456

$

1,609

The following tables summarize quantitative information about the Company’s operating leases, under the adoption of ASC Topic 842, Leases:

    

Nine Months Ended September 30, 

 

    

($ in thousands)

2022

2021

 

Operating cash flows from operating leases

$

(2,615)

$

(2,498)

Right-of-use assets exchanged for new operating lease liabilities

$

2,176

$

Weighted-average remaining lease term – operating leases (years)

 

4.9

 

5.6

Weighted-average discount rate – operating leases

 

6.5

%  

 

6.3

%

    

Future Lease

($ in thousands)

Liability

Three Months Ended December 31, 2022

$

883

Year Ended December 31, 2023

 

3,270

Year Ended December 31, 2024

 

3,307

Year Ended December 31, 2025

 

3,864

Year Ended December 31, 2026

3,879

Other

 

16,058

Total operating lease liabilities

 

31,261

Less: present value discount

 

(7,516)

Net operating lease liabilities, short-term and long-term

$

23,745

Indemnification

In accordance with its certificate of incorporation, bylaws and indemnification agreements, the Company has indemnification obligations to its officers and directors for certain events or occurrences, subject to certain limits, while they are serving at the Company’s request in such capacity. The Company also has director and officer insurance to address such claims. The Company also provides indemnification of contractual counterparties in certain situations, including without limitation to clinical sites, service providers and licensors.