10QSB 1 c74649e10qsb.htm FORM 10-QSB Filed by Bowne Pure Compliance
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UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 10-QSB
     
þ   Quarterly Report pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
for the quarterly period ended June 30, 2008
     
o   Transition Report pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
for the transition period from                      to                     
Commission File Number 0-15318
BALLISTIC RECOVERY SYSTEMS, INC.
(Exact name of issuer as specified in its charter)
     
Minnesota   41-1372079
(State or other jurisdiction of incorporation or   (IRS Employer Identification No.)
organization)    
     
300 Airport Road, South St. Paul, Minnesota   55075-3541
     
(Address of Principal Executive Offices)   (Zip Code)
(651) 457-7491
(Issuer’s telephone number)
Check whether the issuer: (1) filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the past 12 months (or for such shorter period that the issuer was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes þ No o
Indicate by checkmark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act). Yes o No þ
As of August 11, 2008, there were 11,330,542 outstanding shares of common stock, par value $0.01 per share.
Transitional Small Business Disclosure Format (check one): Yes o No þ
 
 

 

 


 

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 Exhibit 31.1
 Exhibit 32.1
Note Regarding Forward-Looking Statements
The following discussion of our financial condition and results of operations should be read in conjunction with the financial statements and the notes to those statements included elsewhere in the Quarterly Report. This Quarterly Report contains statements that are not historical, but are forward-looking in nature, including statements regarding the expectations, beliefs, intentions or strategies regarding the future. In particular, the “Management’s Discussion and Analysis” section in Part I, Item 2 of this quarterly report includes forward-looking statements that reflect our current views with respect to future events and financial performance. We use words such as “may,” “could,” “should,” “expect,” “anticipate,” “believe,” “intend,” “estimate,” “plan,” “predict,” and similar expressions to identify forward-looking statements. A number of important factors could, individually or in aggregate, cause actual results to differ materially from those expressed or implied in any forward-looking statements. Such factors include, but are not limited to, risks are described under the section entitled “Risk Factors” in our Annual Report on Form 10-KSB filed on March 7, 2008.
Further, any forward-looking statement speaks only as of the date on which it is made, and we undertake no obligation to update any forward-looking statement or statements to reflect events or circumstances after the date on which such statement is made or to reflect the occurrence of unanticipated events. New factors emerge from time to time, and it is not possible for us to predict which factors will arise. In addition, we cannot assess the impact of each factor on our business or the extent to which any factor, or combination of factors, may cause actual results to differ materially from those contained in any forward-looking statements.

 

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Part I Financial Information —
Item 1. Consolidated Financial Statements
BALLISTIC RECOVERY SYSTEMS, INC.
CONSOLIDATED CONDENSED BALANCE SHEETS
(Unaudited)
                 
    June 30,     September 30,  
    2008     2007  
 
               
Assets
               
Current assets:
               
Cash and cash equivalents
  $ 108,738     $ 914,523  
Accounts receivable — net of allowance for doubtful accounts of $30,000 and $65,000, respectively
    1,235,581       1,317,113  
Inventories
    2,463,235       1,788,266  
Deferred tax asset — current portion
    80,000       85,000  
Note receivable
    151,591       56,826  
Prepaid expenses
    860,077       286,130  
 
           
 
               
Total current assets
    4,899,222       4,447,858  
 
           
 
               
Furniture, fixtures and leasehold improvements
    1,752,295       1,308,235  
Less accumulated depreciation and amortization
    (755,772 )     (662,032 )
 
           
 
               
Furniture, fixtures and leasehold improvements — net
    996,523       646,203  
 
           
 
               
Other assets:
               
Patents, net of accumulated amortization of $13,720 and $11,814, respectively
    50,476       600  
Goodwill
    173,772        
Deferred tax asset — net of current portion
    1,752,824       1,416,000  
Long-term prepaid expenses
            33,842  
Covenants not to compete, net of accumulated amortization of $611,218 and $588,041, respectively
    126,087       16,970  
 
           
 
               
Total other assets
    2,103,159       1,467,412  
 
           
 
               
Total assets
  $ 7,998,904     $ 6,561,473  
See notes to consolidated condensed financial statements.

 

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BALLISTIC RECOVERY SYSTEMS, INC.
CONSOLIDATED CONDENSED BALANCE SHEETS
(Unaudited)
                 
    June 30,     September 30,  
    2008     2007  
    (Unaudited)     (Unaudited)  
Liabilities
               
Current liabilities:
               
Line of credit — bank
  $ 786,230     $  
Accounts payable
    1,581,265       776,251  
Customer deposits
    159,552       104,410  
Accrued payroll
    42,304       75,939  
Other accrued liabilities
    330,301       294,726  
 
           
 
Total current liabilities
    2,899,653       1,251,326  
 
               
Long-term debt, less current portion
    381,219        
 
           
 
               
Total Liabilities
    3,280,872       1,251,326  
 
           
 
               
Shareholders’ equity:
               
 
Common stock ($.01 par value; 11,330,942 and 11,304,767 shares, respectively, issued and outstanding)
    113,309       113,048  
Additional paid-in capital
    10,263,937       10,262,357  
Accumulated deficit
    (5,659,214 )     (5,065,258 )
 
           
 
               
Total shareholders’ equity
    4,718,032       5,310,147  
 
           
 
               
Total liabilities and shareholders’ equity
  $ 7,998,904     $ 6,561,473  
See notes to consolidated condensed financial statements.

 

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BALLISTIC RECOVERY SYSTEMS, INC.
CONSOLIDATED CONDENSED STATEMENTS OF OPERATIONS
For the Three Months and Nine Months ended June 30, 2008 and 2007
(Unaudited)
                                 
    Three Months Ended     Nine Months Ended  
    June 30,     June 30,  
    2008     2007     2008     2007  
          Restated           Restated  
 
                               
Sales
  $ 3,219,963     $ 2,606,081     $ 8,135,062     $ 6,900,215  
Cost of sales
    2,795,681       2,024,638       6,321,391       5,186,625  
 
                       
 
                               
Gross profit
    424,282       581,443       1,813,670       1,713,590  
 
                               
Selling, general and administrative
    352,822       729,840       2,003,110       1,965,981  
Research and development
    194,810       170,455       570,515       402,470  
Intangible amortization
    16,592       2,213       31,987       16,039  
 
                       
 
                               
Income (loss) from operations
    (139,942 )     (321,065 )     (791,941 )     (670,900 )
 
                               
Other income (expense):
                               
Interest expense
    (26,463 )     (5,847 )     (35,206 )     (35,440 )
Other income
    (38,424 )     11,710       1,480       18,081  
 
                       
 
                               
Income (loss) before income taxes
    (204,829 )     (315,202 )     (825,667 )     (688,259 )
 
                               
Income tax expense (benefit)
    (72,741 )     (39,338 )     (297,612 )     (71,383 )
 
                       
 
                               
Net income (loss)
  $ (132,088 )   $ (275,864 )   $ (528,055 )   $ (616,876 )
 
                       
 
                               
Basic and diluted earnings (loss) per share
  $ (0.01 )   $ (0.03 )   $ (0.04 )   $ (0.06 )
Weighted average number of shares outstanding — basic and diluted
    11,330,542       10,247,262       11,319,774       9,848,535  
 
                               
Dividends per share
  $ 0     $ 0     $ 0     $ 0  
 
                       

See notes to the consolidated condensed financial statements.

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BALLISTIC RECOVERY SYSTEMS, INC.
CONSOLIDATED CONDENSED STATEMENTS OF CASH FLOW
For the Nine Months Ended June 30, 2008 and 2007
(Unaudited)
                 
    Nine Months Ended,  
       
    June 30,     June 30,  
    2008     2007  
          (Restated)  
 
               
Cash flows from operating activity:
               
Net income (loss)
  $ (528,055 )   $ (616,876 )
Adjustments to reconcile net income (loss) to net cash from operating activity:
               
Deferred income tax
    (331,824 )     (71,383 )
Depreciation and amortization
    109,522       113,366  
Amortization of covenant not to compete
    13,440       16,039  
Common stock for services
            13,875  
(Increase) decrease in:
               
Accounts receivable
    87,599       (619,803 )
Accounts receivable: Other
    (44,937 )        
Inventories
    (169,433 )     633,276  
Prepaid expenses
    (573,949 )     (117,970 )
Increase (decrease) in:
               
Accounts payable
    804,367       (235,872 )
Customer deposits
    55,142       115,643  
Accrued expenses
    (94,484 )     10,256  
 
           
 
               
Net cash from operating activities
    (672,612 )     (759,449 )
 
           
 
               
Cash flows used in investing activities:
               
Capital expenditures
    (197,909 )     (158,371 )
Strategic investments
    (709,377 )      
Other Investments
    (82,358 )      
 
           
Net cash from investing activities
    (989,644 )     (158,371 )
 
           
 
               
Cash flows from financing activities:
               
Net proceeds from issuance of common stock, and options and warrants
    2,790       3,880,325  
Net proceeds from borrowings under line of credit — bank
    786,230       (302,265 )
Net proceeds from equipment financing
    85,466        
Principal payments on long-term debt
    (18,014 )     (1,049,091 )
Principal payments on covenant not to compete
          (7,069 )
 
           
Net cash from financing activities
    856,472       2,521,900  
 
           
 
               
Increase (decrease) in cash and cash equivalents
    (805,785 )     1,604,080  
Cash and cash equivalents — beginning of period
    914,523       53,722  
 
           
 
               
Cash and cash equivalents — end of period
  $ 108,738     $ 1,657,802  
 
           
 
               
Cash paid for interest
    16,086       40,938  
Issuance of common stock for board of director fees for future periods included in prepaid expenses
          41,625  
Conversion of bonus accrued into common stock
          55,300  

See notes to the consolidated condensed financial statements.

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BALLISTIC RECOVERY SYSTEMS, INC.
NOTES TO CONSOLIDATED CONDENSED FINANCIAL STATEMENTS
June 30, 2008 and 2007
(Unaudited)
A. Summary of Significant Accounting Policies
Basis of Presentation
The accompanying unaudited consolidated condensed financial statements have been prepared in accordance with accounting principles generally accepted in the United States for interim financial statements and the instructions to Form 10-QSB and Item 310(b) of Regulation S-B. While these statements include amounts derived from the audited consolidated statements at September 30, 2008, these financial statements do not include all of the information and footnotes required by accounting principles generally accepted in the United States for complete financial statements.
Operating results for the nine months ended June 30, 2008 are not necessarily indicative of the results that may be expected for the fiscal year ending September 30, 2008. These consolidated financial statements should be read in conjunction with the consolidated financial statements and footnotes thereto included in the Company’s Annual Report on Form 10-KSB for the year ended September 30, 2007, previously filed with the Securities and Exchange Commission.
In the opinion of management, such statements reflect all adjustments (which include only normal recurring adjustments) necessary for a fair presentation of the financial position, results of operations, and cash flows for the periods presented.
Principles of Consolidation
In September 2005, the Company formed its wholly-owned subsidiary, BRS de Mexico S.A. de C.V. The consolidated financial statements include the wholly-owned subsidiary.
On November 16, 2007, we acquired through our majority owned subsidiary, Advanced Tactical Fabrication Inc., or ATF, substantially all of the assets of Head Lites Corporation, or HLC, a Minnesota corporation which manufactures high visibility personal safety products. ATF, which is 90% owned by us and 10% by HLC, is based in South St. Paul and has production facilities in Pinebluff, North Carolina and Tijuana, Mexico (Tijuana). The consolidated financial statements include the ATF subsidiary.
ATF paid $648,400 in cash for the acquisition, in addition to the assumption of certain liabilities. In connection with the transaction, ATF entered into a five-year consulting agreement with HLC, whereby ATF will be required to make monthly payments to HLC totaling $50,000 in the first year and $42,000 each year thereafter. ATF also agreed to make monthly non-compete payments to the majority shareholder of HLC for a period of five years, with payments during the first year totaling approximately $36,000 and payments in each year thereafter totaling $24,000. Further, ATF will make five annual gross margin payments to HLC in amounts equal to 2.5% of ATF’s gross margin during each applicable fiscal year (subject to certain conditions).
We also agreed to loan up to $450,000 to ATF in consideration of certain secured promissory notes to be issued by ATF in our favor. The notes will have a three-year term and bear interest at a rate equal to the prime rate plus 1%. The notes require quarterly payments which were interest only for the first payment on January 1, 2008, and principal and accrued interest commencing April 1, 2008, with the final payment scheduled for July 1, 2010. See note L for discussion of a subsequent agreement.
On October 15, 2007 we established a parachute manufacturing facility in Pinebluff, North Carolina with the specific purpose of meeting “Berry Amendment” requirements for US content (related to defense related products).
All significant intercompany transactions and balances have been eliminated in consolidation.
B. Recently Issued Accounting Pronouncements
On July 13, 2006, Financial Accounting Standards Board (“FASB”) Interpretation (“FIN”) No. 48, Accounting for Uncertainty in Income Taxes — an Interpretation of FASB Statement No. 109, was issued. FIN 48 clarifies the accounting for uncertainty in income taxes recognized in an enterprise’s financial statements in accordance with FASB Statement No. 109, Accounting for Income Taxes. FIN 48 also prescribes a recognition threshold and measurement attribute for the financial statement recognition and measurement of a tax position taken or expected to be taken in a tax return. The new FASB standard also provides guidance on derecognition, classification, interest and penalties, accounting in interim periods, disclosure, and transition. The provisions of FIN 48 are effective for the Company in fiscal 2008. The Company adopted FIN 48 on October 1, 2007.

 

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In September 2006, the FASB issued Statement of Financial Accounting Standards (“SFAS”) No. 157, Fair Value Measurements (“SFAS No. 157”). This statement establishes a framework for measuring fair value and requires enhanced disclosures about fair value measurements. SFAS No. 157 applies to fair value measurements required by existing accounting pronouncements and does not require any new fair value measurements. SFAS No. 157 is effective for the Company in fiscal 2009. FASB Staff Position No. FAS 157-2 provides a deferral of SFAS No. 157 provisions for non-financial assets and liabilities until fiscal 2010. The Company has not determined the impact, if any, the adoption of this statement will have on its consolidated financial statements.
In February 2007, the FASB issued SFAS No. 159, The Fair Value Option for Financial Assets and Financial Liabilities (“SFAS No. 159”). SFAS No. 159 permits entities to choose to measure many financial assets and financial liabilities at fair value. Unrealized gains and losses on items for which the fair value option has been elected will be reported in earnings. SFAS No. 159 is effective for the Company in fiscal 2009. The Company is currently evaluating the impact of SFAS No. 159 on its consolidated financial statements.
On December 4, 2007, the FASB issued FASB Statement No. 160, “Noncontrolling Interests in Consolidated Financial Statements — An Amendment of ARB No. 51” (“Statement 160”). Statement 160 establishes new accounting and reporting standards for the noncontrolling interest in a subsidiary and for the deconsolidation of a subsidiary. Specifically, Statement 160 requires the recognition of a noncontrolling interest (minority interest) as equity in the consolidated financial statements and separate from the parent’s equity. The amount of net income attributable to the noncontrolling interest will be included in consolidated net income on the face of the income statement. Statement 160 clarifies that changes in a parent’s ownership interest in a subsidiary that do not result in deconsolidation are equity transactions if the parent retains its controlling financial interest. In addition, Statement 160 requires that a parent recognize a gain or loss in net income when a subsidiary is deconsolidated. Such gain or loss will be measured using the fair value of the noncontrolling equity investment on the deconsolidation date. Statement 160 also includes expanded disclosure requirements regarding the interests of the parent and its noncontrolling interest. Statement 160 is effective for fiscal years, and interim periods within those fiscal years, beginning with the quarter ended December 31, 2008. Earlier adoption is prohibited.
On December 4, 2007, the FASB issued FASB Statement No. 141 (Revised 2007), “Business Combinations” (“FAS 141(R)”). FAS 141(R) will significantly change the accounting for business combinations. Under Statement 141(R), an acquiring entity will be required to recognize all the assets acquired and liabilities assumed in a transaction at the acquisition-date fair value with limited exceptions. FAS 141(R) will change the accounting treatment for certain specific items, including:
    Acquisition costs will be generally expensed as incurred;
 
    Noncontrolling interests (formerly known as “minority interests” will be valued at fair value at the acquisition date);
 
    Acquired contingent liabilities will be recorded at fair value at the acquisition date and subsequently measured at either the higher of such amount or the amount determined under existing guidance for non-acquired contingencies;
 
    In-process research and development will be recorded at fair value as an indefinite-lived intangible asset at the acquisition date;
 
    Restructuring costs associated with a business combination will be generally expensed subsequent to the acquisition date; and
 
    Changes in deferred tax asset valuation allowances and income tax uncertainties after the acquisition date generally will affect income tax expense.
FAS 141(R) also includes a substantial number of new disclosure requirements. The statement applies prospectively to business combinations for which the acquisition date is on or after the beginning of the fiscal year ended September 30, 2009. Earlier adoption is prohibited.
C. Customer Concentration
The Company had sales to one major customer, Cirrus Design Corporation (Cirrus), which represented 55.6% and 63.2% of the Company’s total sales for the three and nine months ended June 30, 2008, respectively. In the three and nine months ended June 30, 2007, Cirrus represented 71.2% and 75.1% of the Company’s total sales, respectively. Cirrus also accounted for 26% or $316,000 and 64% or $748,000 of accounts receivable at June 30, 2008 and 2007, respectively. The Company supplies parachute systems to Cirrus Design from the Company’s general aviation product line.
In its recreational aviation product line, the Company primarily distributes its products through dealers and distributors who in turn sell the products to the end consumer. The Company believes that in the event that any individual dealers or distributors cease to represent the Company’s products, alternative dealers or distributors can be established.

 

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D. Intangibles
Patents are recorded at cost and are being amortized on a straight-line method over 17 years. The covenants not to compete are recorded at cost and are being amortized using the straight-line method over the terms of the agreement which range from two to fifteen years.

Components of intangible assets are as follows:
                                 
    June 30, 2008     September 30, 2007  
    Gross Carrying     Accumulated     Gross Carrying     Accumulated  
    Amount     Amortization     Amount     Amortization  
Intangible assets subject to amortization:
                               
Patents
  $ 64,195     $ 13,720     $ 12,414     $ 11,814  
Covenants not to compete
  $ 737,305     $ 611,218     $ 605,011     $ 588,041  
Amortization expense of intangible assets was $9,582 and $2,213 for the three months ended June 30, 2008 and 2007, respectively. Amortization for the nine months ended June 30, 2008 and 2007 was $25,083 and $16,233, respectively. Estimated amortization expense is $34,664, $37,589, $29,473 and $29,473 for the years ending September 30, 2008, 2009, 2010, and 2011, respectively.
E. Covenants not to Compete
On October 26, 1995 the Company entered into an agreement with the president and majority shareholder of Second Chantz Aerial Survival Equipment, Inc. (SCI), whereby SCI ceased all business activities, and SCI’s president and majority shareholder entered into a ten-year covenant not to compete with the Company. The payments required under this agreement contained a non-interest-bearing portion and a portion that bears interest at a rate below the Company’s incremental borrowing rate. Under generally accepted accounting principles the future payments were discounted at the Company’s incremental borrowing rate. The 4% ten-year note called for monthly payments of $4,036 through October 2005. This note has been paid in full.
On August 16, 2004, the Company extended the non-compete period by five additional years in exchange for the exercise of stock options held by SCI’s president under a stock subscription agreement backed by a promissory note. The note has a principal sum of $12,500 together with aggregate interest on the unpaid principal balance of $2,500. Payments under the note began July 1, 2005 and continued monthly with a final maturity date of October 1, 2005. The present value of the Company’s obligation under this agreement was recorded as an intangible asset, is being amortized over a total of fifteen years as shown in the accompanying financial statements.
On November 16, 2007, the Company entered into a non-compete agreement with one of the previous owners of Head Lites Corporation (HLC) as part of the Advanced Tactical Fabrication Inc. (ATF) purchase of HLC. The five year agreement was recorded at the present value of the Company’s obligation under this agreement, was recorded as an intangible asset, and is being amortized over a total of five-years as shown in the accompanying financial statements.
F. Other Financial Information
Inventories

The components of inventory consist of the following at June 30, 2008 and September 30, 2007:
                 
    June 30,     September 30,  
    2008     2007  
Raw materials
  $ 1,203,544     $ 1,179,076  
Work in process
    788,741       598,486  
Finished goods
    470,950       10,704  
 
           
 
Total inventories
  $ 2,463,235     $ 1,788,266  
 
           

 

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Furniture, Fixtures and Leasehold Improvements
Furniture, fixtures and leasehold improvements consisted of the following categories at June 30, 2008 and September 30, 2007:
                 
    June 30,     September 30,  
    2008     2007  
Office furniture and equipment
  $ 840,517     $ 411,823  
Manufacturing equipment
    628,595       613,229  
Airplane
    283,183       283,183  
 
           
 
Total furniture, fixtures and leasehold improvements
  $ 1,752,295     $ 1,308,235  
 
           
Depreciation Expense
Depreciation expense totaled $31,285 and $39,365 for the three months ended June 30, 2008 and 2007, respectively. For the nine months ended June 30, 2008 and 2007 depreciation expense was 93,532 and 113,074 respectively.
Other Accrued Liabilities
Other accrued liabilities consisted of the following categories at June 30, 2008 and September 30, 2007:
                 
    June 30,     September 30,  
    2008     2007  
Bonus and profit sharing plan accrual
  $ 192,399     $ 147,413  
Other miscellaneous accruals
    137,902       147,313  
 
           
Total other accrued liabilities
  $ 330,301     $ 294,726  
 
           
Related Parties — Consulting Agreements with Directors
Effective as of November 19, 2004, the Company entered into a Consulting Agreement with Mr. Boris Popov, a director of the Company, pursuant to which Mr. Popov would provide certain consulting services relating to the Company’s new product development. Pursuant to this agreement, the initial term of which was six months, Mr. Popov is required to provide a minimum of 64 hours of service per month for $3,200 per month and shall be paid an additional $50 per hour for each hour over the 64 hour minimum. On March 16, 2006 the Company extended this agreement for 24 additional months, and on April 25, 2008, the Company further extended the term of the agreement for an additional 12 months, through May 2009. Consulting expenses for Mr. Popov were $6,225 and $24,490 for the third quarter of fiscal year 2008, and the three quarters ended June 30, 2008, respectively. Mr. Popov received $27,333 for the year ended September 30, 2007.
G. Geographical Information
The Company has operations in South St. Paul, Minnesota, Pinebluff, North Carolina and Mexico. Information about the Company’s operations by geographical location are as follows for the quarter ended June 30, 2008 and the year ended September 30, 2007:
                         
    United States     Mexico     Consolidated  
As of June 30, 2008:
                       
Total assets
  $ 7,065,906     $ 932,998     $ 7,998,904  
Long-lived assets
  $ 1,412,996     $ 339,299     $ 1,752,295  
Inventories
  $ 2,227,183     $ 236,052     $ 2,463,235  
                         
    United States     Mexico     Consolidated  
As of September 30, 2007:
                       
Total assets
  $ 5,743,770     $ 817,703     $ 6,561,473  
Long-lived assets
  $ 973,320     $ 334,915     $ 1,308,235  
Inventories
  $ 1,305,478     $ 482,788     $ 1,788,266  
H. Line-of-Credit Borrowings
In August 2007, the Company entered into a new line-of-credit with a bank for up to $820,000 subject to a borrowing base requirement. The line calls for a variable interest rate (based on the prime lending rate), which was 7.75% at September 30, 2007. The line is collateralized by all of the Company’s assets and expires on April 30, 2008. The Company’s line-of-credit had a balance of $786,230 at June 30, 2008. Pursuant to the original loan agreement, the Company was past due and therefore the line-of-credit became callable. On August 1, 2008 the Company entered into a forbearance agreement, which provided for an extension of the maturity date to September 1, 2008 and that the bank would not take any legal action against the Company based on such default before September 1, 2008. Accordingly, the Company is in negotiation with lenders to establish new credit facilities to replace the line-of-credit additional working capital. See Subsequent Events under Paragraph L below for more information with respect to the forbearance agreement.

 

10


Table of Contents

I. Commitments and Contingencies
McGrath
In April 2005, Sue Jean McGrath, individually and as successor in interest to Charles W. McGrath, deceased, Charles W. McGrath III, Tanya Sue McGrath, Janny Sue McGrath, individually v. Cirrus Design Corporation, Ballistic Recovery Systems, Inc., and Aerospace Systems and Technologies, Inc., U.S. District Court, Northern District of California, File No. C05-1542, was commenced. The plaintiffs have alleged vicarious liability, strict product liability, negligence and breach of warranty against the defendants arising from the crash of a Cirrus Design Corp. SR22 airplane near Sugar Bowl, California. On December 6, 2007, the court granted summary judgment to all defendants, including the Company. The plaintiffs have agreed not to pursue an appeal in exchange for our agreement not to seek recoverable costs.
Rayner
On September 16, 2005, an action was commenced against us by Robert Treat Rayner, in the Circuit Court of the 5th Judicial Circuit in and from Lake County Florida, File No. 04 CA 1749. The Complaint alleges that plaintiff was injured when his ultralight aircraft crashed while being towed by another ultralight. Plaintiff alleges that he deployed his BRS system, but that it failed to deploy properly. BRS is undertaking