Annual report pursuant to Section 13 and 15(d)

Long-Term Debt

v2.4.0.6
Long-Term Debt
12 Months Ended
Dec. 31, 2012
Debt Disclosure [Abstract]  
Long-term Debt
LONG-TERM DEBT
Long-term debt at December 31, 2012 and 2011 consisted of the following:  
 
2012
 
2011
Federal ESPC receivable financing
$
92,957,447

 
$
110,000,993

Senior secured credit facility, due June 2016, interest at varying rates monthly in arrears
32,857,143

 
42,142,858

7.299% term note payable in quarterly installments through March 2013
638,000

 
1,874,000

8.673% term loan payable in quarterly installments through December 2015
2,535,649

 
3,405,649

6.345% term loan payable in quarterly installments through February 2021
2,395,034

 
2,580,069

6.345% term loan payable in quarterly installments through June 2024
11,596,312

 
12,089,604

Variable rate construction to term loan payable in quarterly installments through December 2024
20,517,563

 
22,405,384

6.500% term loan payable in monthly installments through October 2017
553,462

 
657,554

7.250% term loan payable in monthly installments through March 2021
4,745,850

 
5,199,779

6.110% term loan payable in monthly installments through September 2024
7,778,390

 
7,609,681

Variable rate construction to term loan payable in quarterly installments through June 30, 2028
37,800,000

 

 
214,374,850

 
207,965,571

Less - current maturities
12,452,678

 
11,563,983

Long-term debt
$
201,922,172

 
$
196,401,588



Aggregate maturities of long-term debt for the years ended December 31, are as follows:
 
2013
 
$
12,452,678

2014
 
10,084,460

2015
 
10,377,724

2016
 
18,187,931

2017
 
4,310,675

Thereafter
 
158,961,382

 
 
$
214,374,850


 Federal ESPC Receivable Financing 
Represents construction draws received during the construction or installation of certain energy savings equipment or facilities in association with agreements to sell long-term receivables arising from ESPCs related to the said equipment and facilities. These financings are with various financial institutions and carry discount rates that vary by project ranging from 5.06% to 8.38%. 
Senior Secured Credit Facility - Revolver and Term Loan
On June 30, 2011, the Company amended and restated the credit and security agreement and continues as the sole borrower under the agreement. The amended and restated facility extends and expands the Company’s prior facility. The facility consists of a $60,000,000 revolving credit facility and a $40,000,000 term loan. The revolving credit facility may be increased up to an additional $25,000,000 at the Company’s option, if the lenders agree. The facility matures on June 30, 2016, and all remaining unpaid amounts outstanding under the facility will be due at that time. At December 31, 2012 and 2011, $0 and $5,000,000, respectively, was outstanding under the revolving credit facility and $32,857,143 and $37,142,858, respectively, was outstanding under the term loan. Payments on the term loan are due in quarterly installments of $1,428,571 together with accrued but unpaid interest, with all remaining unpaid principal amounts due June 30, 2016. The obligations under the facility are guaranteed by certain of the Company’s subsidiaries and are secured by a lien on all of the assets of the Company other than renewable energy projects that the Company owns and that are financed by others. The agreement contains certain financial covenants. At December 31, 2012 and 2011 the Company was in compliance with all financial covenants.
7.299% Term Loan
The Company has a term loan with a bank with an original principal amount of $10,000,000. The notes evidencing the loan bear interest at a rate of 7.299% per annum. The principal payments are due in semi-annual installments ranging from $597,000 to $638,500, plus interest, with remaining principal balances and unpaid interest due March 31, 2013. In the event a payment is defaulted on, the payee has the option to accelerate payment terms and make due the remaining principal and accrued interest balance. As of December 31, 2012 and 2011, $638,000 and $1,874,000, respectively, was outstanding under the term loan.
6.90% Term Loan
The Company had a construction and term loan with a bank with an original principal amount of $9,500,000. The notes evidencing the loan bore interest at a rate of 6.90% per annum. The principal payments were due in semi-annual installments, plus interest, with remaining principal balances and unpaid interest due September 30, 2014. In the event a payment was defaulted on, the payee had the option to accelerate payment terms and make due the remaining principal and accrued interest balance. In connection with the Company’s initial public offering (see Note 11), the remaining balance of this loan, and an early termination fee, was paid in full during 2010.
8.673% Term Loan 
The Company has a construction and term loan agreement with a finance company with a total commitment amount of $7,250,000. The notes evidencing the construction portion of the loan bear interest at a variable rate based on LIBOR. In February 2007, the Company converted the construction loan into a term loan in accordance with the loan agreement. The original balance of the term loan was equal to the commitment amount and bears interest at a fixed rate of 8.673% per annum. The principal payments are due in quarterly installments of $217,500, plus interest, with remaining principal balances and unpaid interest due December 31, 2015. 
As of December 31, 2012 and 2011, $2,535,649 and $3,405,649, respectively, was outstanding under the term loan. In the event a payment is defaulted on, the payee has the option to accelerate payment terms and make due the remaining principal and accrued interest balance. 
Variable-Rate Construction and 6.345% Term Loans 
On January 30, 2006, the Company entered into a master construction and term loan facility with a bank for use in providing limited recourse financing for certain of its landfill gas to energy projects. The total loan commitment is $17,156,395, and is comprised initially of two tranches, but structured for the addition of subsequent projects that meet lender credit requirements. 
The first loan has an original balance of $3,239,734, and bears an interest rate of 6.345% per annum. The remaining principal payments are due in semi-annual installments ranging from $93,037 to $275,461, plus interest, with the remaining principal and unpaid interest due February 26, 2021. 
The second loan was originated on September 28, 2007. Prior to 2010, the Company had made draws as construction loans and had converted the construction loans into a term loan for a total term loan balance of $13,080,607. The loan bears interest at a variable rate, with interest payments due in quarterly installments. The remaining principal amounts are due in semi-annual installments ranging from $201,288 to $1,178,885, with principal and unpaid interest due on June 30, 2024. The interest rate at December 31, 2012 was 3.561%.
As of December 31, 2012 and 2011, $13,991,346 and $14,669,673, respectively, was collectively outstanding under this facility. 
In the event a payment is defaulted on, the payee has the option to accelerate payment terms and make due the remaining principal and accrued interest balance. 
Variable-Rate Construction and Term Loans 
In February 2009, the Company entered into a construction and term loan financing agreement with a bank for use in providing limited recourse financing for certain of its landfill gas to energy projects. The total loan commitment under the agreement is $37,905,983, and bears interest at a variable rate. Prior to and during March 2010, the Company had construction draws totaling $27,867,627. During March 2010, the Company converted all of the construction loans to a single term loan balance of $27,867,627. The loan bears interest at a variable rate, with interest payments due in quarterly installments. The remaining principal amounts are due in quarterly installments ranging from $206,211 to $1,239,133, after an initial payment of $2,424,302 paid on March 31, 2010, with principal and unpaid interest due on December 31, 2024. As of December 31, 2012 and 2011, the outstanding balance under the term loan was $20,517,563 and $22,405,384, respectively. The rate at December 31, 2012 was 2.112%.
6.500% Term Loan 
The Company has a term loan agreement with a finance company with a total loan amount of $754,587. The note evidencing the loan bears interest at a fixed rate of 6.500% per annum. Principal and interest payments are due in monthly installments of $11,312, with the final payment being due October 1, 2017. 
As of December 31, 2012 and 2011, $553,462 and $657,554, respectively, was outstanding under the term loan. In the event a payment is defaulted on, the payee has the option to accelerate payment terms and make due the remaining principal and accrued interest balance.
7.250% Term Loan
On March 31, 2011, the Company entered into a term loan with a bank with an original principal amount of $5,500,089. The note evidencing the loan bears interest at a rate of 7.25% per annum. The remaining principal amounts are due in quarterly installments ranging from $120,981 to $170,902, plus interest, with remaining principal balances and unpaid interest due March 31, 2021. In the event a payment is defaulted on, the payee has the option to accelerate payment terms and make due the remaining principal and accrued interest balance. At December 31, 2012 and 2011, $4,745,850 and $5,199,779, respectively, was outstanding under the term loan.
6.110% Construction and Term Loan
On October 3, 2011, the Company entered into a construction and term loan with a syndication group with an original principal amount of $7,380,068. The note evidencing the loan bears interest at a rate of 6.11% per annum. Monthly interest payments are due from November 1, 2011 to April 1, 2012. The remaining principal amounts are due starting on May 1, 2012 in monthly installments ranging from $20,502 to $195,038, plus interest, with remaining principal balances and unpaid interest due April 1, 2027. At December 31, 2012 and 2011, $7,778,390 and $7,609,681, respectively, was outstanding under the term loan.
Variable-Rate Construction and Term Loans  -
In October 2012, the Company entered into a credit and guaranty agreement with two banks for use in providing limited recourse financing for certain of its landfill gas to energy and Solar PV projects. The credit and guaranty agreement provides for a $47,200,000 construction-to-term loan credit facility and bears interest at a variable rate. At December 31, 2012, $37,800,000 was outstanding under construction loans. The rate at December 31, 2012 was 3.32%.