NOTE 12 — RELATED PARTY TRANSACTIONS
The following table sets forth information relating to loans from related parties outstanding at any time during the nine months ended September 30, 2022 (in thousands):
Class
|
Lender
|
|
Interest
Rate
|
|
|
Date of
Loan
|
|
Term of Loan
|
|
Principal Amount Outstanding at September 30, 2022
|
|
|
Highest
Principal
Outstanding
|
|
|
Amount of
Principal
Repaid
|
|
|
Amount of
Interest
Paid
|
|
|
Promissory note payable to related parties:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Willis Lee(2)
|
|
12%
|
|
|
10/29/2020
|
|
Due on Demand
|
|
|
100
|
|
|
|
100
|
|
|
|
—
|
|
|
|
—
|
|
|
|
Soomi Niihara(1)
|
|
12%
|
|
|
12/7/2021
|
|
Due on Demand
|
|
|
700
|
|
|
|
700
|
|
|
|
—
|
|
|
|
—
|
|
|
|
Soomi Niihara(1)
|
|
12%
|
|
|
1/18/2022
|
|
Due on Demand
|
|
|
300
|
|
|
|
300
|
|
|
|
—
|
|
|
|
—
|
|
|
|
Yasushi Nagasaki(2)
|
|
10%
|
|
|
2/9/2022
|
|
Due on Demand
|
|
|
50
|
|
|
|
50
|
|
|
|
—
|
|
|
|
—
|
|
|
|
Hope International Hospice, Inc.(1)
|
|
10%
|
|
|
2/9/2022
|
|
Due on Demand
|
|
|
350
|
|
|
|
350
|
|
|
|
—
|
|
|
|
—
|
|
|
|
Hope International Hospice, Inc.(1)
|
|
10%
|
|
|
2/15/2022
|
|
Due on Demand
|
|
|
210
|
|
|
|
210
|
|
|
|
—
|
|
|
|
—
|
|
|
|
Soomi Niihara(1)
|
|
10%
|
|
|
2/15/2022
|
|
Due on Demand
|
|
|
100
|
|
|
|
100
|
|
|
|
—
|
|
|
|
—
|
|
|
|
George Sekulich(2)
|
|
10%
|
|
|
2/16/2022
|
|
Due on Demand
|
|
|
26
|
|
|
|
26
|
|
|
|
—
|
|
|
|
—
|
|
|
|
Soomi Niihara(1)
|
|
10%
|
|
|
3/7/2022
|
|
Due on Demand
|
|
|
200
|
|
|
|
200
|
|
|
|
—
|
|
|
|
—
|
|
|
|
Hope International Hospice, Inc.(1)
|
|
12%
|
|
|
3/15/2022
|
|
Due on Demand
|
|
|
150
|
|
|
|
150
|
|
|
|
—
|
|
|
|
—
|
|
|
|
Hope International Hospice, Inc.(1)
|
|
12%
|
|
|
3/30/2022
|
|
Due on Demand
|
|
|
150
|
|
|
|
150
|
|
|
|
—
|
|
|
|
—
|
|
|
|
Wei Pei Derek Zen(2)
|
|
10%
|
|
|
3/31/2022
|
|
Due on Demand
|
|
|
200
|
|
|
|
200
|
|
|
|
—
|
|
|
|
—
|
|
|
|
Willis Lee(2)
|
|
10%
|
|
|
4/14/2022
|
|
Due on Demand
|
|
|
45
|
|
|
|
45
|
|
|
|
—
|
|
|
|
—
|
|
|
|
Hope International Hospice, Inc.(1)
|
|
10%
|
|
|
5/25/2022
|
|
Due on Demand
|
|
|
40
|
|
|
|
40
|
|
|
|
—
|
|
|
|
—
|
|
|
|
Yutaka and Soomi Niihara(1)
|
|
12%
|
|
|
7/27/2022
|
|
5 years
|
|
|
402
|
|
|
|
402
|
|
|
|
—
|
|
|
|
8
|
|
|
|
Hope International Hospice, Inc.(1)
|
|
10%
|
|
|
8/15/2022
|
|
Due on Demand
|
|
|
50
|
|
|
|
50
|
|
|
|
—
|
|
|
|
—
|
|
|
|
Yutaka and Soomi Niihara(1)
|
|
10%
|
|
|
8/16/2022
|
|
5 years
|
|
|
250
|
|
|
|
250
|
|
|
|
—
|
|
|
|
2
|
|
|
|
Yutaka and Soomi Niihara(1)
|
|
10%
|
|
|
8/16/2022
|
|
5 years
|
|
|
1,669
|
|
|
|
1,669
|
|
|
|
—
|
|
|
|
14
|
|
|
|
Hope International Hospice, Inc.(1)
|
|
10%
|
|
|
8/17/2022
|
|
Due on Demand
|
|
|
50
|
|
|
|
50
|
|
|
|
—
|
|
|
|
—
|
|
|
|
Yutaka and Soomi Niihara(1)
|
|
10%
|
|
|
8/17/2022
|
|
Due on Demand
|
|
|
60
|
|
|
|
60
|
|
|
|
—
|
|
|
|
—
|
|
|
|
Seah Lim(2)
|
|
6%
|
|
|
9/16/2022
|
|
3 years
|
|
|
1,200
|
|
|
|
1,200
|
|
|
|
—
|
|
|
|
—
|
|
|
|
|
|
|
|
|
|
|
|
Subtotal
|
|
$
|
6,302
|
|
|
$
|
6,302
|
|
|
$
|
—
|
|
|
$
|
24
|
|
|
Revolving line of credit agreement
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Yutaka Niihara(2)
|
|
5.25% (3)
|
|
|
12/27/2019
|
|
Due on Demand
|
|
|
400
|
|
|
|
400
|
|
|
|
—
|
|
|
|
16
|
|
|
|
|
|
|
|
|
|
|
|
Subtotal
|
|
|
400
|
|
|
|
400
|
|
|
|
—
|
|
|
|
16
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
|
$
|
6,702
|
|
|
$
|
6,702
|
|
|
$
|
—
|
|
|
$
|
40
|
|
|
The following table sets forth information relating to loans from related parties outstanding at any time during the year ended December 31, 2021:
Class
|
Lender
|
|
Interest
Rate
|
|
|
Date of
Loan
|
|
Term of Loan
|
|
Principal Amount Outstanding at December 31, 2021
|
|
|
Highest
Principal
Outstanding
|
|
|
Amount of
Principal
Repaid
|
|
|
Amount of
Interest
Paid
|
|
|
Promissory note payable to related parties:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Willis Lee(2)
|
|
12%
|
|
|
10/29/2020
|
|
Due on Demand
|
|
$
|
100
|
|
|
$
|
100
|
|
|
$
|
—
|
|
|
$
|
—
|
|
|
|
Soomi Niihara(1)
|
|
12%
|
|
|
1/20/2021
|
|
Due on Demand
|
|
|
—
|
|
|
|
700
|
|
|
|
700
|
|
|
|
13
|
|
|
|
Soomi Niihara(1)
|
|
12%
|
|
|
9/15/2021
|
|
Due on Demand
|
|
|
—
|
|
|
|
300
|
|
|
|
300
|
|
|
|
3
|
|
|
|
Soomi Niihara(1)
|
|
12%
|
|
|
12/7/2021
|
|
Due on Demand
|
|
|
700
|
|
|
|
700
|
|
|
|
—
|
|
|
|
—
|
|
|
|
|
|
|
|
|
|
|
|
Subtotal
|
|
$
|
800
|
|
|
$
|
1,800
|
|
|
$
|
1,000
|
|
|
$
|
16
|
|
|
Revolving line of credit
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Yutaka Niihara(1)
|
|
5.25%(3)
|
|
|
12/27/2019
|
|
Due on Demand
|
|
|
400
|
|
|
|
800
|
|
|
|
400
|
|
|
|
35
|
|
|
|
|
|
|
|
|
|
|
|
Subtotal
|
|
|
400
|
|
|
|
800
|
|
|
|
400
|
|
|
|
35
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
|
$
|
1,200
|
|
|
$
|
2,600
|
|
|
$
|
1,400
|
|
|
$
|
51
|
|
|
(1)
|
Dr. Niihara, a Director and the Chairman, and Chief Executive Officer of the Company, is also a director and the Chief Executive Officer of Hope International Hospice, Inc.
|
(3)The rate varies with changes in the prime rate and does not give effect to the “tax gross-up” described in Note 7.
See Note 7 for a discussion of the Company’s revolving line of credit agreement with Dr. Niihara and Note 13 for information regarding recent related party loans.
Notes 6 and 11 for a discussion of the Company’s agreements with Telcon, which holds 4,147,491 shares of the Emmaus common stock, or approximately 8.4% of the common stock outstanding as of September 30, 2022. As of September 30, 2022, the Company held a Telcon convertible bond in the principal amount of approximately $18.4 million as discussed in Note 5.
|