Transbotics Corp - Recent Material Event
I N D E X
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PART I. FINANCIAL INFORMATION
Item 1. Financial Statements
Condensed Balance Sheets 3-4
May 31, 2008 (Unaudited) and November 30, 2007
Condensed Statements of Operations (Unaudited) 5
Three and six months ended May 31, 2008 and May 31, 2007
Condensed Statements of Cash Flows (Unaudited) 6
Six months ended May 31, 2008 and May 31, 2007
Notes to Condensed Financial Statements 7-14
Item 2. Management's Discussion and Analysis of Financial Condition and
Results of Operations 14-22
Item 3. Controls and Procedures 23
PART II. OTHER INFORMATION
Item 1. Legal Proceedings 24
Item 2. Changes in Securities 24
Item 3. Defaults Upon Senior Securities 24
Item 4. Submission of Matters to a Vote of Security Holders 24
Item 5. Other Information 24
Item 6. Exhibits and Reports on Form 8-K 24
(a) Exhibits -- Press Releases and other Exhibits
(b) Reports on Form 8-K
SIGNATURES 25
PART I. FINANCIAL INFORMATION
Item 1. Financial Statements
TRANSBOTICS CORPORATION
CONDENSED BALANCE SHEETS
May 31, November 30,
2008 2007
(Unaudited)
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ASSETS
CURRENT ASSETS
Cash and cash equivalents $ 118,455 $ 615,904
Accounts receivable, net 859,320 1,208,068
Inventories 894,177 606,168
Costs and estimated earnings in excess of
billings on uncompleted contracts 113,762 78,362
Prepaid expenses and other current assets 54,395 22,189
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Total current assets 2,040,109 2,530,691
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NONCURRENT DEPOSITS 44,657 45,331
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PROPERTY AND EQUIPMENT
Amortizable assets 4,000 4,000
Furniture, fixtures and office equipment, including assets
acquired under capital leases; 2008 $67,019, 2007 $13,270 434,471 353,313
Machinery and equipment 177,894 176,442
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616,365 533,755
Less accumulated depreciation including amounts applicable
to assets acquired under capital leases; 2008 $14,442, 2007 $7,740 370,451 322,157
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245,914 211,598
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$ 2,330,680 $ 2,787,620
===============================================================================================================
See Notes to Condensed Financial Statements
3
May 31, November 30,
2008 2007
(Unaudited)
---------------------------------------------------------------------------------------------------------------
LIABILITIES AND STOCKHOLDERS' (DEFICIT) EQUITY
CURRENT LIABILITIES
Note payable, Bank $ 935,000 $ 1,000,000
Current obligations under capital leases 12,446 2,905
Accounts payable 879,280 648,399
Accrued expenses and customer deposits 99,152 207,625
Billings in excess of costs and estimated
earnings on uncompleted contracts 772,138 297,458
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Total current liabilities 2,698,016 2,156,387
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LONG-TERM DEBT
Obligations under capital leases 43,027 3,894
Subordinated long-term bebt 900,000 900,000
Less subordinated long term debt discount (266,000) (280,000)
---------------------------------------------------------------------------------------------------------------
Net subordinated long-term debt 677,027 623,894
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COMMITMENTS AND CONTINGENCIES
STOCKHOLDERS' (DEFICIT) EQUITY
Preferred stock, par value $.01 per share;
1,000,000 shares authorized; no shares issued - -
Common stock, par value $.01 per share;
11,000,000 shares authorized
5,149,951 and 5,074,951 shares
issued and outstanding at 2008 and 2007, respectively 51,499 50,749
Additional paid-in capital 4,999,621 4,941,825
Accumulated deficit (6,095,483) (4,985,235)
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(1,044,363) 7,339
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$ 2,330,680 $ 2,787,620
===============================================================================================================
4
TRANSBOTICS CORPORATION
CONDENSED STATEMENTS OF OPERATIONS
(Unaudited)
Three Months Ended Six Months Ended
May 31, May 31, May 31, May 31,
2008 2007 2008 2007
---------------------------------------------------------------------------------------------------------------------
Net revenues $ 1,655,979 $ 2,882,086 $ 2,509,448 $ 4,389,768
Cost of goods sold 1,272,045 2,025,126 2,068,280 3,125,631
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Gross profit 383,934 856,960 441,168 1,264,137
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Operating expenses:
Selling 203,290 163,524 389,682 382,878
General and administrative 434,193 453,084 922,745 833,098
Research and development 63,765 198,068 149,572 367,843
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701,248 814,676 1,461,999 1,583,819
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Operating (loss) income (317,314) 42,284 (1,020,831) (319,682)
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Net interest expense (52,956) (17,488) (89,417) (32,781)
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(Loss) income before income taxes (370,270) 24,796 (1,110,248) (352,463)
Federal and state income taxes - - - -
---------------------------------------------------------------------------------------------------------------------
Net (loss) income $ (370,270) $ 24,796 $ (1,110,248) $ (352,463)
=====================================================================================================================
Weighted average number of common
shares outstanding 5,092,886 4,938,429 5,083,967 4,897,149
---------------------------------------------------------------------------------------------------------------------
(Loss) income per common share - basic $ (0.07) $ 0.01 $ (0.22) $ (0.07)
(Loss) income per common share - diluted (0.07) 0.01 (0.22) (0.07)
=====================================================================================================================
Dividends per common share $ - $ - $ - $ -
=====================================================================================================================
See Notes to the Condensed Financial Statements
5
TRANSBOTICS CORPORATION
CONDENSED STATEMENTS OF CASH FLOWS
(Unaudited)
Six Months Ended
May 31, May 31,
2008 2007
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NET CASH (USED IN) PROVIDED BY
OPERATING ACTIVITIES $ (398,514) $ 8,479
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CASH FLOWS FROM INVESTING ACTIVITIES
Purchase of Automotion assets - (239,502)
Purchase of property and equipment (28,860) (44,959)
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NET CASH USED IN
INVESTING ACTIVITIES (28,860) (284,461)
---------------------------------------------------------------------------------------------------------------
CASH FLOWS FROM FINANCING ACTIVITIES
Net (payments) borrowings on revolving bank credit agreement (65,000) 46,000
Principal payments on long-term borrowings (5,075) (1,237)
---------------------------------------------------------------------------------------------------------------
NET CASH (USED IN) PROVIDED BY
FINANCING ACTIVITIES (70,075) 44,763
---------------------------------------------------------------------------------------------------------------
Decrease in cash and cash equivalents (497,449) (231,219)
Cash and cash equivalents:
Beginning 615,904 282,118
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Ending $ 118,455 $ 50,899
===============================================================================================================
SUPPLEMENTAL DISCLOSURE OF CASH FLOW INFORMATION
Cash payments for interest $ 89,605 $ 32,835
SUPPLEMENTAL DISCLOSURE OF NON-CASH FINANCING ACTIVITIES
Issuance of restricted common stock $ 26,000 $ 21,600
Capital lease obligations incurred for equipment $ 53,749 $ -
===============================================================================================================
See Notes to the Condensed Financial Statements
6
TRANSBOTICS CORPORATION
NOTES TO CONDENSED FINANCIAL STATEMENTS
(Unaudited)
Note A.
The unaudited condensed financial statements and related notes have been
prepared by Transbotics Corporation (the "Company"), without audit pursuant to
the rules and regulations of the Securities and Exchange Commission. In the
opinion of management, all adjustments (which include only normal recurring
adjustments) necessary to present fairly the financial position, results of
operations and changes in cash flows at May 31, 2008, and for all periods
presented, have been made.
Certain information and footnote disclosures normally included in financial
statements prepared in accordance with accounting principles generally accepted
in the United States of America have been omitted. It is suggested that these
condensed financial statements be read in conjunction with the Company's audited
financial statements and notes thereto for the fiscal year ended November 30,
2007. The results of operations for the six months ended May 31, 2008 are not
necessarily indicative of the operating results for the full year.
Note B. Going concern
During 2007, the Company suffered significant operating losses, especially in
the fourth quarter, as several anticipated orders were delayed or cancelled. Due
primarily to the low backlog at November 30, 2007 the Company also realized a
significant loss in the first six months of 2008. The impact of the losses and
the line of credit becoming due and payable July 31, 2008 (see Note F)
raise substantial doubt about the Company's ability to continue as a going
concern.
These problems created an urgent situation in which financing options were
limited. Three Board members, each an accredited investor, purchased additional
subordinated debt on November 30, 2007 (see note F) to address the immediate
working capital condition. In addition, in January 2008, the Company entered
into a contract for approximately $1,900,000 with a new customer. These combined
developments do not remove the substantial doubt about the Company's ability to
continue as a going concern.
Management has taken and continues the following actions in an attempt to
increase revenues and minimize losses:
o Explore possible business combinations
o Reduce operating expenses
o Pursue AGV system business in selected market niches
The Company is also seriously reviewing its options for going private to reduce
its operating expenses. The Company's current expenses relating to being public
are approximately $250,000 annually.
There can be no assurance that the Company can successfully meet the objectives
of any of such activities.
Note C. Recent accounting pronouncements
In September 2006, the FASB issued statement No. 157, "Fair Value Measurements"
("SFAS 157"). SFAS 157 provides guidance for using fair value to measure assets
and liabilities and is intended to respond to investors' request for expanded
information about the extent to which companies measure assets and liabilities
at fair value, the information used to measure fair value, and the effect of
fair value measurements on earnings. SFAS 157 applies whenever other standards
require (or permit) assets and liabilities to be measured at fair value but does
not expand the use of fair value in any new circumstances. SFAS 157 also
requires expanded disclosure of the effect on earnings for items measured using
unobservable data, establishes a fair value hierarchy that prioritizes the
information used to develop those assumptions and requires separate disclosure
by level within the fair value hierarchy. We adopted SFAS 157 effective December
1, 2007 and there was no impact to our financial statements.
In February 2008, the FASB issued FSP No. SFAS 157-2, "Effective Date of FASB
Statement No. 157" ("FSP 157-2"). FSP 157-2 defers the effective date of SFAS
157 for nonfinancial assets and nonfiancial liabilities, except those that are
recognized or disclosed at fair value in the financial statements on a recurring
basis (at least annually), to fiscal years and Interim periods within those
fiscal years, beginning after November 15, 2008, or our fiscal 2008. We are
currently evaluationg the impact of adopting the provisions of FSP 157-2.
7
NOTES TO CONDENSED FINANCIAL STATEMENTS
Note C. Recent accounting pronouncements (continued)
In February 2007, the FASB issued SFAS No. 159, "The Fair value Option for
Financial Assets and Financial Liabilities" ("SFAS 159"). SFAS 159 permits
entities to choose to measure certain financial assets and liabilities at fair
value. Unrealized gains and losses on items for which the fair value option has
been elected are reported in earnings. We adopted SFAS 159 effective December 1,
2007, without choosing to elect to measure certain financial assets or
liabilities at fair value that were not previously measured at fair value. Thus
there was no impact to our financial statements.
In December 2007, the FASB issued SFAS No. 141R, "Business Combinations" ("SFAS
141R"). SFAS 141R establishes principles and requirements for how the acquirer
recognizes and measures the identifiable assets acquired, liabilities assumed,
the intangible assets acquired and determines what information to disclose to
enable users of the financial statements to evaluate the nature and financial
effects of the business combination. The provisions of SFAS 141R are effective
for fiscal years beginning after December 15, 2008. Accordingly, we will apply
the provisions of SFAS 141R prospectively to business combinations consummated
beginning in the first quarter of 2010.
In February 2008, the FASB issued FSP No. 157-2, "effective date of FASB
Statement No. 157("FSB 157-2"). FSP 157-2 defers the effective date of SFAS 157
for nofinancial assets and nonfinancial liabilities, except those that are
recognized or disclosed at fair value in the financial statements on a recurring
basis (at least annually), to fiscal years and interim periods within those
fiscal years, beginning after November 15, 2008, or our fiscal 2009. We are
currently evaluating the impact of adopting the provisions of FSP 157-2.
In April 2008, the FASB issued FASB staff position No.142-3, "Determination of
the useful life of Intangible Assets" ("FSB FAS 142-3"). In determining the
useful life of acquired assets, FSP FAS 142-3 removes the requirement to
consider whether an intangible asset can be renewed without substantial cost of
material modifications to the existing terms and conditions and, instead,
requires an entity to consider its own historical experience in renewing similar
arrangements. FSP FAS 142-3 also requires expanded disclosure related to the
determination of intangible asset useful lives. FSP FAS 142-3 is effective for
financial statements issued for fiscal years beginning after December 15, 2008,
We are evaluating the impact, if any, of FSP FAS 142-3.
In May 2008, the FASB published FSP Accounting Principles Board Opinion No.14-1,
"Accounting for Convertible Debt Instruments That May Be Settle in Cash upon
Conversion"(Including Partial Cash Settlement)" ("FSP 14-1"). FSP 14-1 specifies
that issuers of convertible debt instruments should separately account for the
liability and equity components in a manner that will reflect the entity's
nonconvertible debt borrowing rate when interest cost is recognized in
subsequent periods. In addition, transaction costs incurred with third parties
that directly relate to the issuance of convertible debt instruments shall be
allocated to the liability and equity components in proportion to the allocation
of proceeds and accounted for as debt issuance cost and equity issuance cost,
respectively. The provisions of FSP 14-1 shall be applied retrospectively to all
periods presented when adopted. The provisions of FSP 14-1 are effective for
fiscal years beginning after December 15, 2008, or our fiscal 2010 and interim
periods within those fiscal years. We are evaluating the impact, if any, of FSP
14-1.
8
NOTES TO CONDENSED FINANCIAL STATEMENTS
Note D. Income Taxes
The Company did not recognize any income tax benefits during the six months
ended May 31, 2008 and May 31, 2007 for its losses. Deferred tax assets have not
been recognized since utilization of operating loss carryforwards is not
considered more likely than not.
In July 2006, FASB issued interpretation No. 48, "Accounting for Uncertainty in
Income taxes" ("FIN 48"), which clarifies the accounting for uncertainty in
income taxes recognized in the financial statements in accordance with FASB
Statement No. 109, "Accounting for Income Taxes ("SFAS 109"). FIN 48 provides
guidance on the financial statements recognition and measurement of a tax
position taken or expected to be taken in a tax return. FIN 48 also provides
guidance on de-recognition, classification, interest and penalties, accounting
in interim periods, disclosures, and transitions. Additionally, in May 2007, the
FASB published FSP No. 48-1 ("FSP FIN 48-1"), "Definition of Settlement in FASB
Interpretation No. 48". FSP FIN 48-1 is an amendment to FIN 48. It clarifies how
an enterprise should determine whether a tax position is effectively settled for
the purposes of recognizing previously unrecognized tax benefits. The provisions
of FIN 48 and FSP-FIN 48-1 are effective for fiscal years beginning after
December 15, 2006. We adopted the provisions of FIN 48 and FSP FIN 48-1 at the
beginning of the first quarter of fiscal 2008. Previously, the Company had
accounted for tax contingencies in accordance with statement of Financial
Accounting Standard 5, accounting for contingencies. As required by FIN 48, the
Company recognizes the financial statement benefit of a tax position only after
determining that the relevant tax authority would more likely than not sustain
the position following the audit. For tax positions meeting the more likely than
not threshold, the amount recognized in the financial statements is the largest
benefit that has a greater than 50% likelihood of being realized upon ultimate
settlement with the relevant tax authority. Any interest and penalties related
to income tax matters will be recognized as a component of the income tax
provision if incurred.
At the adoption date, the Company applied FIN 48 to all tax positions for which
the statute of limitations remained open and determined there were no
unrecognized tax benefits for which a liability would require as of December 1,
2007.
As of the date of adoption, the Company is subject to income taxes in the U.S.
federal jurisdiction, and various states. Tax regulations within each
jurisdiction are subject to the interpretation of the related tax laws and
regulations and require significant judgment to apply. Due to the net operating
loss carry forwards dating back to 1994, the 1994 through 2007 tax years remain
subject to examination by federal and state income tax authorities
9
NOTES TO CONDENSED FINANCIAL STATEMENTS
Note E. (Loss) Earnings per common share
Basic per share amounts are computed, generally, by dividing net income by the
weighted-average number of common shares outstanding. Diluted per share amounts
assume the conversion, exercise, or issuance of all potential common stock
instruments unless the effect is antidilutive. At May 31, 2008 and May 31, 2007
the Company had options outstanding to purchase a total of 113,000, and 205,500
shares of common stock, respectively, at weighted-average exercise prices of
varying amounts. At May 31, 2008 and May 31, 2007 the Company had warrants
outstanding to purchase a total of 2,000,000 and 0 shares of common stock,
respectively, at an exercise price of $0.40 a share. The Company had $300,000 of
convertible debt outstanding in 2008 and 2007 at an exercise price of $0.40 a
share.
The following table sets forth the comparison of basic and diluted earnings
(loss) per share:
Three Months Ended Six Months Ended
May 31, May 31, May 31, May 31,
2008 2007 2008 2007
----------------------------------------------------
BASIC (LOSS) INCOME PER SHARE:
Net (loss) income $ (370,270) $ 24,796 $(1,110,248) $ (352,463)
Weighted average shares 5,092,886 4,938,429 5,083,967 4,897,149
----------------------------------------------------
Basic (loss) earnings per share $ (0.07) $ 0.01 $ (0.22) $ (0.07)
====================================================
DILUTED (LOSS) INCOME PER SHARE:
Net (loss) income $ (370,270) $ 24,796 $(1,110,248) $ (352,463)
Plus impact of assumed conversions:
Interest on 6% convertible notes, net of related - 4,500 - 9,000
----------------------------------------------------
$ (370,270) $ 29,296 $(1,110,248) $ (343,463)
====================================================
Weighted average shares 5,092,886 4,938,429 5,083,967 4,897,149
Plus effect of dilutive potential shares:
Stock options 20,067 102,663 38,144 100,229
Warrants -
Convertible notes - 229,769 - 217,456
----------------------------------------------------
5,112,953 5,270,861 5,122,111 5,214,834
----------------------------------------------------
Diluted (loss) earnings per share $ (0.07) $ 0.01 $ (0.22) $ (0.07)
====================================================
All potential Common stock instruments above were antidilutive for the three and
six month periods ended May 31, 2008.
10
NOTES TO CONDENSED FINANCIAL STATEMENTS
Note F. Note Payable and Long-Term Debt
Current debt consists of the following: 2008 2007
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The Company $1,000,000 bank line of credit was not extended and credit facility
was transferred to the special asset group of the Bank which renegotiated a
Modification and Forbearance Agreement . Payment obligations under the
Modification and Forbearance Agreement dated April 23, 2008 caps the credit
facility at $935,000 and extends it to July 31, 2008. Interest accrues at the
existing rate of LIBOR +2.00% and is payable monthly. The entire indebtedness
becomes due and payable on July 31, 2008 unless renegotiated. On June 27, 2008 a
Subordination Agreement was signed which entitled the bank to receive
approximately $170,000 or 10% of an outstanding customer contract, the proceeds
will be applied directly against the outstanding obligation balance. There can
be no assurance that the line will be renewed July 31, 2008 with terms that are
acceptable to the Company.
Prior to the Modification and Forbearance Agreement the line of credit agreement
allowed the Company to borrow up to $1,000,000 with interest at LIBOR + 2.00%.
The line of credit agreement (signed March 2, 2007) continues to be secured by
the Company's assets. Under the terms of the agreement, the obligation includes
a "payable on demand" feature. The line of credit agreement obligation is
evidenced by a demand note. (1)(2) $ 935,000 $ 1,000,000
-----------------------------------------------------------------------------------------------------------
Long-term debt consists of the following :
-----------------------------------------------------------------------------------------------------------
In September 2003, the Company issued $300,000 of 6% convertible subordinated
notes due September 2013. Interest on the 6% convertible notes is payable
quarterly on each February 28, May 31, August 31 and November 30 during the term
of the notes. The 6% convertible notes were issued at 100% principal value, and
are convertible, in aggregate, into 750,000 shares of common stock at the option
of the holders at any time while the note is outstanding at a price of $0.40 per
share. The 6% convertible notes may be redeemed, in whole or in part, at the
Company's option after September 30, 2006 at 100% of the principal amount. To
date, no redemption has been made or is planned by the Company. $ 300,000 $ 300,000
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11
NOTES TO CONDENSED FINANCIAL STATEMENTS
Note F. Note Payable and Long-Term Debt (Continued)
-----------------------------------------------------------------------------------------------------------
On November 30, 2007, the Company issued $600,000 of 6% subordinated notes due
November 30, 2017. Interest on the 6% notes is payable quarterly on each
February 28, May 31, August 31 and November 30 during the term of the notes. The
6% notes were issued at 100% principal value. In addition, 2,000,000 warrants to
purchase common stock were issued with the notes and are exercisable at a price
of $0.40 per share.
Each Note is subject to prepayment in whole or in part, by the Company upon the
Company's providing thirty (30) days prior written notice to the holder and its
payment of the principal of and accrued interest on the Note(s). The Holders of
the Notes have been granted a limited conditional right of early payment as
hereafter described. The holders may, by written notice delivered to the Company
at any time during the thirty (30) day period following the occurrence (as
evidenced by the Company's filing of the Form 10-KSB or any other successor
report form) of a Minimum Net Income Year (as defined below), demand a
prepayment not to exceed, respectively: $87,500 for John H. Robison Irrevocable
Trust, $50,000 for Curt Kennington, $50,000 for Anthony William Packer Rollover
IRA and $12,500 for Stephen B. Robison Irrevocable Trust. The holders of the
notes may exercise such demand right independently.
A Minimum Net Income Year shall mean, for any fiscal year of the Company's
operations commencing with the Company's November 30, 2008 fiscal year, the
Company's recording of at least Four Hundred Thousand Dollars ($400,000) of net
income (as reported in the Company's Form 10-KSB or any other successor report
form for such annual period). The Holders of these Notes are entitled to only
one such prepayment during any single fiscal year of the Company during the term
of these Notes. The payment(s) shall be made no later than thirty (30) days
after Company's receipt of a timely notice from Holder(s). $ 600,000 $ 600,000
-----------------------------------------------------------------------------------------------------------
Obligations under capital leases 55,473 6,799
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955,473 906,799
Less current maturities:
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Notes - -
-----------------------------------------------------------------------------------------------------------
Obligations under capital leases 12,446 2,905
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$ 943,027 $ 903,894
===========================================================================================================
(1) The Libor rate at May 31, 2008 was 4.46%.
(2) The line of credit is secured by a first priority security interest in the
Company's accounts receivable, inventory, software and intangibles.
12
NOTES TO CONDENSED FINANCIAL STATEMENTS
Note G. Related Party Transactions
In 2003, Curt Kennington, the general partner of Kennington Family Limited
LLC, the Company's landlord, became a related party when he invested in the
Company by acquiring shares and convertible debt (see note F). On November 30,
2007 Mr. Kennington invested $150,000 and received a subordinated note from the
Company paying 6% interest annually as described in Note F. Also on November 30,
2007 Mr. Kennington received 500,000 warrants to purchase common stock at $0.40
per share. Mr. Kennington received interest payments from the Company of $6,750
and $2,250 on the subordinated notes for each of the six months ended May 31,
2008 and 2007, respectively. The Company signed a five year lease in February
2008 for its existing building in Charlotte, NC which also includes an
additional new building of approximately 12,000 square feet on the same
property. The Company took occupancy of the new building May 1, 2008. Total
lease cost will approximate $245,500 for the first year of occupancy with 3%
annual increases each year thereafter. The Company's rent paid the Kennington
Family Limited LLC for the quarters ended May 31, 2008 and 2007 amounted to
$88,895 and $80,925 respectively. Mr. Kennington was also appointed to the Board
on July 24, 2007.
In 2003, Mr. John Robison became a Director and related party when he
invested in the Company by acquiring shares and convertible debt (see note F).
On November 30, 2007, certain affiliates of John Robison (John H. Robison
Irrevocable Trust and Stephen B. Robison Irrevocable Trust) invested $300,000
and received a subordinated note from the Company paying 6% interest annually as
described in Note F. Also on November 30, 2007, these affiliates received
1,000,000 warrants to purchase common stock at $0.40 per share. Mr. Robison and
the affiliated entities received aggregate interest payments from the Company of
$13,500 and $4,500 on the subordinated notes for each of the six months ended
May 31, 2008 and 2007, respectively.
In 2003, Mr. Anthony Packer became a shareholder and related party when he
invested in the Company by acquiring shares and convertible debt (see note F).
In a separate transaction on November 30, 2007, Mr. Packer invested $150,000 and
received a subordinated note from the Company paying 6% interest annually also
as described in Note F. Mr. Packer received 500,000 warrants to purchase common
stock at $0.40 per share when he made the 2007 investment. Mr. Packer received
interest payments from the Company of $6,750 and $2,250 on the subordinated
notes for each of the six months ended May 31, 2008 and 2007. Mr. Packer was
also appointed to the Board on July 24, 2007.
Note H. Issuance of Common Stock
Director compensation is $10,000 annually for the directors paid quarterly
in arrears. In addition, on an annual basis, the Company issues 10,000 shares of
restricted stock to each director who own less than 5% and the chairman receives
an additional 15,000 shares of restrictive stock for holding the chair position.
Directors who are officers receive no director compensation for their services.
$5,500 and $12,600 of restricted stock compensation was expensed in the first
six months of 2008 and 2007, respectively.
The Company issued 200,000 shares of restricted common stock on April 26,
2007 to the previous owner of AutoMotion Systems, Inc. as part of his employment
contract. The shares vested on a monthly basis over the first 12 months of his
employment and are now fully vested. The total cost of the issuance was $93,110
and was amortized on a monthly basis. The Company recognized an amortization
expense of $38,795 and $9,000 in the first six months of 2008 and 2007,
respectively.
The Company granted 250,000 shares of restricted common stock to Charles W.
Robison in accordance with his employment agreement. The shares were scheduled
to vest over 5 years at 20% (50,000) per year starting on July 24, 2008. Mr.
Robison resigned May 9, 2008 and as part of his agreement the Company issued
50,000 shares to fully meet its obligations for terminating the agreement. As of
May 31, 2008, $14,000 of the restricted stock cost was expensed compared to no
expense for the first six months of 2007.
Note I. Acquisition
The Company entered into an asset purchase agreement with AutoMotion Systems,
Inc. to buy all of its outstanding assets on April 26, 2007. Transbotics
acquired $167,604 of current assets, including inventory and work in process and
$71,898 of property and equipment for a total purchase price of $239,502. The
purchase price was paid in full on April 26, 2007 using the Company's line of
credit. The acquisition of AutoMotion systems was accounted for as a business
acquisition under SFAS 141. The operations of AutoMotion are immaterial to
Transbotics financial statements.
13
NOTES TO CONDENSED FINANCIAL STATEMENTS
Note J. Issuance of Subordinated Debt and Warrants
On November 30, 2007, the Company issued $600,000 of Subordinated Notes to four
accredited investors. The Principal amounts and holders of the particular Notes
are as follows: John H. Robison Irrevocable Trust $262,500, Curt Kennington
$150,000, Anthony William Packer Rollover IRA $150,000 and Stephen B. Robison
Irrevocable Trust $37,500. The Notes bear 6% per annum and payable quarterly in
arrears beginning February 29, 2008. Principal and unpaid interest shall be
payable on November 30, 2017.
Each Note is subject to prepayment in whole or in part, by the Company upon the
Company's providing thirty (30) days prior written notice to the holder and its
payment of the principal of and accrued interest on the Note(s). The Holders of
the Notes have been granted a limited conditional right of early payment as
hereafter described, the holders may, by written notice delivered to the Company
at any time during the thirty (30) day period following the occurrence (as
evidenced by the Company's filing of the Form 10-KSB or any successor report
form) of a Minimum Net Income Year (as defined below), demand a prepayment not
to exceed, respectively: $87,500.00 for John H. Robison Irrevocable Trust,
$50,000 for Curt Kennington, $50,000 for Anthony William Packer Rollover IRA and
$12,500 for Stephen B. Robison Irrevocable Trust. The holders of the notes may
exercise such demand right independently.
A Minimum Net Income Year shall mean, for any fiscal year of the Company's
operations commencing with the Company's November 30, 2008 fiscal year, the
Company's recording of at least Four Hundred Thousand Dollars ($400,000) of net
income (as reported in the Company's Form 10-KSB or any successor report form
for such annual period). The Holders of these Notes are entitled to only one
such prepayment during any single fiscal year of the Company during the term of
these Notes. The payment(s) shall be made no later than thirty (30) days after
Company's receipt of a timely notice from Holder(s).
The net proceeds to the Company from the sale of these Notes is approximately
$587,000 (after deducting related offering expenses). Proceeds were used for
working capital needs and other general corporate purposes.
On November 30, 2007, the Company issued four (4) Warrants to purchase Common
Stock of Transbotics Corporation for a total of Two (2) Million shares, as a
condition for the Company issuing $600,000 of Subordinated Notes to four
accredited investors on November 30, 2007. The warrants issued expire November
30, 2011 and the purchase price per share under each of the warrants is $0.40.
The table below identifies the Holders and the number of shares authorized for
the warrants issued:
----------------------------- --------------------------------- --------------------------------------
Common Stock Warrant No. Number of Unregistered Shares Holder
----------------------------- --------------------------------- --------------------------------------
1 875,000 John H. Robison Irrevocable Trust
----------------------------- --------------------------------- --------------------------------------
2 125,000 Stephen B. Robison Irrevocable Trust
----------------------------- --------------------------------- --------------------------------------
3 500,000 Curt Kennington
----------------------------- --------------------------------- --------------------------------------
4 500,000 Anthony William Packard Rollover IRA
----------------------------- --------------------------------- --------------------------------------
The 2,000,000 warrants issued were independently valued by Willamette Management
Associates after the transaction was completed at $0.14 per share of common
stock, for a total value of $280,000. The warrants value or "Debt discount" of
$280,000 was recorded in the financial statements as a reduction of Subordinated
long-term debt. The discount is amortized over the life of the subordinated
notes.
In our valuation of the detachable warrant component of the newly issued debt of
Transbotics Corporation, we used the Black-Scholes option pricing model with
consideration given to the illiquidity of the stock as well as the Company's
financial distress at the time of issuance: The following assumptions were used
to determine the fair value of the warrants:
Risk-free interest rate 3.49%
Expected dividend yield 0%
Expected volatility 60%
Expected life (years) 4 years"
14
Item 2. Management's Discussion and Analysis of Financial Condition and Results
of Operations
MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL
CONDITION AND RESULTS OF OPERATIONS
The following discussion and analysis should be read in conjunction with
the financial statements (including the notes thereto) presented elsewhere
herein.
OVERVIEW
The Company derives virtually all of its revenues from the sale of hardware
and engineering services in connection with material handling projects
incorporating its licensed Automated Guided Vehicle (AGV) control technology. In
the current and prior years, the Company's net revenues from AGV systems and
vehicles were derived primarily from sales to customers serving a limited number
of industries - automotive, food and paper, textiles and newspaper publishing.
The Company's results of operations can be expected to continue to depend
substantially upon the capital expenditure levels in those industries and in
other industries that the Company may enter.
Due to the long sales cycle involved, uncertainties in timing of projects,
and the large dollar amount of a typical project, the Company has experienced,
and can be expected to continue to experience, substantial fluctuations in its
quarterly and annual results of operations.
The Company sells its products and services primarily in two ways. AGVs and
other related material handling products, engineering and services may be sold
as part of an integrated AGV system. In this situation, the Company usually
provides significant engineering and integration services. The other way is to
sell hardware, technology and services as standard items or spare parts for
existing systems, with less involvement by the Company in overall system design.
The Company generally recognizes lower net revenue but realizes a higher gross
profit margin percentage in selling standard items, in each case compared to the
sale of a project, due to the inclusion in project sales of other vendors'
products and services with margins generally lower than the Company's own
products and services. Between any given accounting periods, the levels of and
mixture of standard item sales and project sales can cause considerable variance
in net revenues, gross profit, gross profit margin, operating income and net
income.
Revenues from standard item sales are recognized upon shipment, while
revenues from project sales are recognized under the "percentage of completion"
method. Under this method, with respect to any particular customer contract,
revenues are recognized as costs are incurred relative to each major component
of the project. The percentage of completion method will subject the Company's
results of operations to substantial fluctuations dependent upon the progress of
work on project components. Such components can differ markedly from one another
in amount and in gross profit margin.
Project contracts are billed upon attainment of certain "milestones." The
Company typically receives a cash advance ranging from 20% to 30% of the total
contract amount. Invoices are thereafter delivered as milestones are reached.
The Company usually grants payment terms of 30 days to its customers. Upon
delivery of the project, the customer typically maintains a "retainage" of 10%
pending final system acceptance.
Notwithstanding the receipt of cash advances and periodic payments upon
reaching project milestones, the Company requires external financing to finance
uncompleted contracts, inventories, receivables and other assets.
The Company's backlog consists of all amounts contracted to be paid by
customers but not yet recognized as net revenues by the Company.
15
MANAGEMENT'S DISCUSSION AND ANALYSIS
================================================================================
Forward-looking statements: This report (including information included or
incorporated by reference herein) contains certain forward-looking statements
with respect to the financial condition, results of operation, plans,
objectives, future performance and business of the Company.
These forward-looking statements involve certain risks and uncertainties.
Factors that may cause actual results to differ materially from those
contemplated by such forward-looking statements include, among others, the
following possibilities:
o Revenues from end user systems sales, new Original Equipment
Manufacturers ("OEMs") and new niches may be lower than expected or
delayed.
o General economic or business conditions, either nationally or in the
markets in which the Company is doing business, may be less favorable
than expected resulting in, among other things, a deterioration of
market share or reduced demand for its products.
16
MANAGEMENT'S DISCUSSION AND ANALYSIS
================================================================================
RESULTS OF OPERATIONS
The table below shows (a) the relationship of income and expense items
relative to net revenues, and (b) the change between the comparable prior period
and current period, for the three-month and six-month periods ended May 31, 2008
and 2007, respectively. This table should be read in the context of the
Company's condensed statements of income presented elsewhere herein:
Percentage of Change
Period to Period Increase
Percentage of Net Revenues (Decrease)
-----------------------------------------------------------------------------------------------------------------
Three
Months Six Months
Three Months Six Months Ended Ended
Ended Ended May 31, May 31,
May 31, May 31, May 31, May 31, 2007 to 2007 to
2008 2007 2008 2007 2008 2008
% % % % % %
------------------------------------------------------------------------------------------------------------------
Net Revenues 100.0 100.0 100.0 100.0 (42.5) (42.8)
Cost of Goods Sold 76.8 70.3 82.4 71.2 (37.2) (33.8)
------------------------------------------------------------------------------------------------------------------
Gross Profit 23.2 29.7 17.6 28.8 (55.2) (65.1)
------------------------------------------------------------------------------------------------------------------
Operating expenses:
Selling 12.3 5.7 15.5 8.7 24.3 1.8
General and administrative 26.2 15.7 36.8 19.0 (4.2) 10.8
Research and development 3.9 6.8 6.0 8.4 (67.8) (59.3)
------------------------------------------------------------------------------------------------------------------
42.4 28.2 58.3 36.1 (13.9) (7.7)
------------------------------------------------------------------------------------------------------------------
Operating (loss) income (19.2) 1.5 (40.7) (7.3) * 219.3
Net interest expense (3.2) (0.6) (3.6) (0.7) 202.8 172.8
------------------------------------------------------------------------------------------------------------------
(Loss) income before income
taxes (22.4) 0.9 (44.3) (8.0) * 215.0
Federal and state income tax
(benefit) - - - - - -
------------------------------------------------------------------------------------------------------------------
Net (loss) income (22.4) 0.9 (44.3) (8.0) * 215.0
==================================================================================================================
* Because the data changes from a negative to positive, the percentage of
change is not meaningful.
17
MANAGEMENT'S DISCUSSION AND ANALYSIS
================================================================================
Quarter Ended May 31, 2008 compared to the Quarter Ended May 31, 2007
Net revenues decreased from $2,882,086 in the earlier period to $1,655,979 in
the latter period. The decrease is primarily due to decreased AGV project
revenues compared to the prior year which resulted from a lower number of AGV
units produced and engineering services performed for projects for the current
quarter compared to the prior year.
Cost of goods sold decreased from $2,025,126 to $1,272,045 or 37.2% due to the
decreased revenues. As a percentage of net revenues, cost of goods sold
increased to 76.8% compared to 70.3% in 2007. Gross profit decreased by $473,026
or 55.2% from $856,960 to $383,934, due primarily to lower product and
engineering revenues from a poor opening backlog as well as engineering
inefficiencies compared to the prior period. Gross profit as a percentage of net
revenues decreased to 23.2% from 29.7%.
Selling expenses increased from $163,524 to $203,290 or 24.3%, primarily due to
a trade show expense that was incurred in the quarter of the current year
compared to no equivalent expense in the quarter of the prior year. General and
administrative expenses decreased from $453,084 to $434,193 in the current
period. The decrease was due to a decrease in professional fees. As a percentage
of net revenues, general and administrative expenses increased from 15.7% to
26.2% primarily due to lower revenues. The Company incurred $63,765 of research
and development expense in 2008 compared to $198,068 in 2007. The reductions in
development costs were primarily attributable to having finalized various
project offerings in 2007.
The decrease in net revenues and gross profit more than offset the decrease in
operating expenses, so that operating income decreased by $359,598 from $42,284
in the previous period to an operating loss of $317,314 in the current period.
Net interest expense increased from $17,488 to $52,956 in the current quarter
primarily due to increased borrowings.
The Company did not recognize any income tax benefit or expense in 2008 and 2007
on its earnings and losses as the Company had net operating loss carryforwards.
Deferred tax assets have not been recognized since utilization of operating loss
carryforwards is not considered more likely than not.
Primarily due to lower revenues in 2008 as described above, the Company incurred
a net loss of $370,270 in the three months ended May 31, 2008 compared to net
income of $24,796 in same period of 2007.
Backlog. Backlog consists of all amounts contracted to be paid by customers but
not yet recognized as net revenues by the Company. At May 31, 2008, the Company
had a backlog of approximately $3,200,000 compared to approximately $2,450,000
one year earlier.
18
MANAGEMENT'S DISCUSSION AND ANALYSIS
================================================================================
Six Months Ended May 31, 2008 compared to Six Months Ended May 31, 2007
Net revenues decreased by $1,880,320, or 42.8%, from $4,389,768 in the earlier
period to $2,509,448 in the latter period. The decrease is primarily due to
decreased AGV project revenues compared to the prior year which resulted from a
lower number of AGV units produced and engineering services performed for
projects for the current quarter compared to the prior year.
Cost of goods sold decreased from $3,125,631 to $2,068,280, or 33.8%, which was
primarily due to lower revenues in the current period compared to the prior
period. As a percentage of net revenues, cost of goods sold increased from 71.2%
to 82.4%. Gross profit decreased by $822,969 or 65.1%, from $1,264,137 to
$441,168 due primarily to lower product and engineering revenues from a poor
opening backlog as well as engineering inefficiencies compared to the prior
period. Gross profit as a percentage of net revenues decreased from 28.8 % to
17.6 %.
Selling expenses increased from $382,878 to $389,682 in 2008 compared to the
prior year. General and administrative expenses increased from $833,098 to
$922,745, or 10.8% compared to the prior year. The increase was primarily due to
personnel costs relating to a new CEO who later resigned on May 9, 2008. The
Company continued to invest in the development of new AGV solutions but reduced
its R&D expenses in 2008 to $149,572 from $367,843 in 2007.
Primarily as a result of the foregoing, the operating loss for the period was
1,020,831 compared to a loss of $319,682 in the prior year.
Net interest expense increased from $32,781 to $89,417 in the current year
primarily due to interest on increased borrowings.
The Company did not recognize any income tax benefits during the six months
ended May 31, 2008 and 2007 for its losses as the Company had net operating loss
carryforwards. Deferred tax assets have not been recognized since utilization of
operating loss carryforwards is not considered more likely than not.
Primarily due to lower revenues and gross profit as described above, the Company
had a net loss of $1,110,248 in the six months ended 2008 compared to a net loss
of $352,463 for the same period in 2007.
19
MANAGEMENT'S DISCUSSION AND ANALYSIS
================================================================================
LIQUIDITY AND CAPITAL RESOURCES
The Company experiences needs for external sources of financing to support its
working capital, capital expenditures and acquisition requirements when such
requirements exceed its cash generated from operations in any particular period.
The amount and timing of external financing requirements depend significantly
upon the nature, size, number and timing of projects and contractual billing
arrangements with customers relating to project milestones. The Company has
relied upon bank financing under a revolving working capital facility, long-term
debt, capital leases and proceeds of its public and private offerings to satisfy
its external financing needs.
During the six month period ended May 31, 2008, net cash used in operating
activities was $398,514. The Company's cash balance was negatively affected by
the Company's net loss of $1,110,248. The Company's inventory increased by
$288,009 compared to the year end balance. The Company purchased a new phone
system for $55,473 in the first quarter of 2008 which was financed by a capital
lease. The Company's working capital decreased from $374,304 at November 30,
2007 to a working capital deficit of $657,907.
The Company $1,000,000 bank line of credit (as further described in Note F to
the financial statements) was not extended and credit facility was transferred
to the special asset group of the Bank which renegotiated a Modification and
Forbearance Agreement dated April 23, 2008 that caps the credit facility at
$935,000 and extends it to July 31, 2008. Interest accrues at the existing rate
and is payable monthly. The entire indebtedness is due and payable on July 31,
2008 unless renegotiated. On June 27, 2008 a Subordination Agreement was signed
which entitled the bank to receive approximately $170,000 or 10% of an
outstanding customer contract, the proceeds will be applied directly against the
outstanding obligation balance. There can be no assurance that the line will be
renewed July 31, 2008 with terms that are acceptable to the Company.
The Company believes that its working capital deficit at May 31, 2008 is not
adequate for its current operations. This raises significant concerns about the
Company's ability to continue as a going concern. Customer orders and/or
additional working capital are needed in the near future, due to the low backlog
at November 30, 2007, and the continued losses in the first six months of 2008.
Further reductions of working capital would have a serious impact on our ability
to operate effectively. The Company will continue to review its options to
reduce expenses, raise additional working capital and to explore possible
business combinations to secure its future. The Company can not assure that it
will be successful in raising additional funds to meet its needs.
The following risk factors, in addition to the other information contained in
this report, should be considered in your evaluation of the Company and its
financial condition. Current capital requirements could increase beyond the
amounts available on the line of credit, and there is no certainty that
additional capital whether debt or equity is available. The Company's backlog at
May 31, 2008 improved to approximately $3,200,000 from $1,860,000 at November
30, 2007. The Company depends on backlog and future contracts to remain
profitable and depends on its line of credit to periodically fund operations. If
future contracts are not received as expected, the Company's operations may
suffer.
The Company will, from time to time, reexamine the possibility or feasibility of
going private to reduce its operating expenses. The Company's current expenses
relating to being publicly held are approximately $250,000 annually and are
presently expected to increase significantly when full implementation of the
Sarbanes-Oxley section 404 becomes effective for small public companies. Such
expenses are significant expenses compared to the Company's net income.
20
MANAGEMENT'S DISCUSSION AND ANALYSIS
================================================================================
Critical Accounting Policies:
Use of Estimates in Preparation of Condensed Financial Statements:
The preparation of financial statements in conformity with accounting principles
generally accepted in the United States of America requires management to make
estimates and assumptions that affect the reported amounts of assets and
liabilities and the disclosure of contingent assets and liabilities at the date
of the financial statements and the reported amounts of revenues and expenses
during the reporting period. Actual results could differ from these estimates.
Revenue recognition:
The Company recognizes revenue from the sale of distribution products and
engineering services as shipments are made and/or services rendered.
The Company recognizes revenues under AGV system contracts on the percentage of
completion method, measured by the percentage of each component cost incurred to
date to estimated total component contract costs for each component in the
contract. Component costs include material, direct labor, subcontracts,
engineering, overhead, and miscellaneous costs. Provisions for estimated losses
are made in the period in which they first become determinable.
"Costs and estimated earnings in excess of billings on uncompleted contracts"
represent revenue recognized in excess of amounts billed. "Billings in excess of
costs and estimated earnings on uncompleted contracts" represent billings in
excess of revenues recognized.
Due to the average length of typical AGV system projects, the large dollar
amount of each project, and inherent difficulties in estimating the total
component costs, the use of different estimates and assumptions may have
provided materially different results.
21
MANAGEMENT'S DISCUSSION AND ANALYSIS
================================================================================
Critical Accounting Policies (Continued):
Share base payments:
Statement 123(R), Share Based Payment, ("Statement 123 (R)") requires that the
compensation cost relating to share-based payment transactions be recognized in
financial statements. The cost is measured based on the fair value of the
instruments issued. Statement 123(R) covers a wide range of share-based
compensation arrangements including share options, restricted share plans,
performance-based awards, share appreciation rights and employee share purchase
plans. The Company adopted Statement 123(R) on March 1, 2006, requiring
compensation cost to be recognized as expense for outstanding unvested awards,
based on the grant-date fair value of those awards. The adoption of Statement
123(R) did not have a material impact on its financial position as all options
granted were fully vested at the time of adoption.
At May 31, 2008 and May 31, 2007, options were outstanding to purchase a total
of 113,000 and 205,500 shares, respectively, Common Stock of the Company at
weighted-average exercise prices of varying amounts. All outstanding options
were vested and exercisable at May 31, 2008 and May 31, 2007.
Director compensation is $10,000 annually for the directors paid quarterly in
arrears. In addition, on an annual basis, the Company issues 10,000 shares of
restricted stock to each director who own less than 5% and the chairman receives
an additional 15,000 shares of restrictive stock for holding the chair position.
Directors who are officers receive no director compensation for their services.
$5,500 and $12,600 of restricted stock compensation was expensed in the first
six months of 2008 and 2007, respectively.
The Company issued 200,000 shares of restricted common stock on April 26, 2007
to the previous owner of AutoMotion Systems, Inc. as part of his employment
contract. The shares vested on a monthly basis over the first 12 months of his
employment and are now fully vested. The total cost of the issuance was $93,110
and was amortized on a monthly basis. The Company recognized an amortization
expense of $38,795 and $9,000 in the first six months of 2008 and 2007,
respectively.
The Company granted 250,000 shares of restricted common stock to Charles W.
Robison in accordance with his employment agreement. The shares were scheduled
to vest over 5 years at 20% (50,000) per year starting on July 24, 2008. Mr.
Robison resigned May 9, 2008 and as part of his agreement the Company issued
50,000 shares to fully meet its obligations for terminating the agreement. As of
May 31, 2008, $14,000 of the restricted stock cost was expensed compared to no
expense for the first six months of 2007.
Income taxes:
Provisions for income taxes are provided on an asset and liability method
whereby deferred tax assets are recognized for deductible temporary differences,
operating losses, and tax credit carryforwards, and deferred tax liabilities are
recognized for taxable temporary differences. Temporary differences are the
differences between the reported amounts of assets and liabilities and their tax
bases. Deferred tax assets are reduced by a valuation allowance when, in the
opinion of management, it is more likely than not that some portion or all of
the deferred tax assets will not be realized. Deferred tax assets and
liabilities are adjusted for the effects of changes in tax laws and rates on the
date of enactment.
22
Item 3. Controls and Procedures
CONTROLS AND PROCEDURES
The Company maintains a system of internal controls and procedures designed
to provide reasonable assurance that information required to be disclosed by the
Company in reports filed under the Securities and Exchange Act of 1934 is
recorded, processed, summarized, and reported within the time periods specified
in Securities and Exchange Commission rules and forms. It should be noted that
in designing and evaluating the disclosure controls and procedures, that any
controls and procedures, no matter how well designed and operated, can provide
only reasonable assurance of achieving the desired control objectives, and
management necessarily is required to apply its judgment in evaluating the
cost-benefit relationship of possible controls and procedures.
As of May 31, 2008, an evaluation was performed under the supervision and
with the participation of the Company's management of the effectiveness of the
design and operation of the Company's disclosure controls and procedures (as
defined in Rule 13a-15(e) under the Exchange Act). Based on that evaluation, the
Chief Financial Officer concluded that the Company's disclosure controls and
procedures are also designed to ensure that information required to be disclosed
in the reports that we file or submit under the exchange act are accumulated and
communicated to our management, including the Chief Financial Officer, to allow
timely decisions regarding required disclosure were not effective at the
reasonable assurance level as of May 31, 2008.
In addition to management's evaluation of disclosure controls and
procedures above, in connection with the audits of our financial statements for
the year ended November 30, 2007 and 2006, the Company is continuing to review
and enhance policies and procedures involving accounting, information systems
and monitoring.
During the audit of 2007 financial statements, the Company's independent
registered public accounting firm identified a material weakness in internal
control over financial reporting. During December of 2007, the Chief Accounting
Officer position was eliminated, which resulted in lack of financial reporting
resources to complete the financial close and reporting process. As a result of
limited reporting resources, the Company's independent public firm identified
various audit adjustments and the closing process and production of GAAP
financial statements were delayed.
In May 2007, the Chief Executive Officer resigned, creating a vacancy that
reduced the effectiveness of controls and procedures for the Company.
The Company is taking steps to remediate the material weakness by having
the Board of Directors involved more directly in the management of the Company
as well as hiring additional temporary qualified accounting staff to
independently work with the CFO. Our remediation will continue into the third
quarter.
Except as noted above, there have been no changes in internal control over
financial reporting that occurred during the six months ended May 31, 2008 that
have materially affected, or are reasonably likely to materially affect, our
internal control over financial reporting.
23
PART II. OTHER INFORMATION
Item 1. Legal Proceedings
None.
Item 2. Changes in Securities and Small Business Issuer Purchases of Equity
Securities
None.
Item 3. Defaults Upon Senior Securities
None.
Item 4. Submission of Matters to a Vote of Security Holders
(a) The annual meeting of shareholders of the Company was held on May 9,
2008.
(b) The following individuals with more "votes for" were elected directors
of the Company, with voting results as indicated:
------------------------ -------------------- ---------------------
Vote for Withheld
------------------------ -------------------- ---------------------
D. Bruce Wise 3,128,664 519,966
------------------------ -------------------- ---------------------
John H. Robison 2,557,966 1,090,664
------------------------ -------------------- ---------------------
Claude Imbleau 3,363,748 284,882
------------------------ -------------------- ---------------------
Anthony Packer 3,336,348 312,282
------------------------ -------------------- ---------------------
Curt Kennington 3,364,348 284,282
------------------------ -------------------- ---------------------
Neville Croft 3,335,748 312,882
------------------------ -------------------- ---------------------
Charles W. Robison 1,587,254 2,061,376
------------------------ -------------------- ---------------------
(c) Other matters voted upon and voting were as follows:
(i) Ratification of the selection of Grant Thornton LLP by the Board of
Directors as the Company's Independent Registered Public Accounting Firm.
For Abstain Against
--- ------- -------
3,597,626 33,377 17,627
Item 5. Other Information
None.
Item 6. Exhibits and Reports on Form 8-K
(a) Exhibits -
1. Certification of each principal executive officer and principal
financial officer
2. Certification of Periodic Financial Report pursuant to 18 U.S.C.
Section 1350
(b) Reports on Form 8-K
1. April 26, 2008 Form 8-K announcement of Company signing a
Modification and Forbearance Agreement with Wachovia decreasing
the limit from $1,000,000 to $935,000 and extending the line of
credit to July 31, 2008.
2. May 15, 2008 Form 8-K announces that Mr. Charles W. Robison
resigns as Chief Executive Officer effective May 9, 2008.
24
SIGNATURES
In accordance with the requirements of the Securities Exchange Act of 1934, the
Registrant caused this report to be signed on its behalf by the undersigned,
thereunto duly authorized.
TRANSBOTICS CORPORATION
(Registrant)
BY: /s/ Claude Imbleau
-------------------------
Claude Imbleau
CFO
Director, Principal Financial
Officer
Principal Accounting Officer
Date: July 11, 2008
-------------
25
EXHIBIT INDEX
The following documents are included in this Form 10-QSB as an Exhibit:
Designation
Number Under
Exhibit Item 601 of Page
Number Regulation S-K Exhibit Description Number
--------------------------------------------------------------------------------
(A) Exhibits:
--------------
1. 10.1 Subordination Agreement between Wachovia
bank, Transbotics corporation and Nacco
Material Handling Group, Inc. dated June
27, 2008 27-29
2. 31.1 Certification of each principal executive
officer and principal financial officer 30
3. 32.1 Certification of Periodic Financial Report
pursuant to 18 U.S.C. section 1350 31
26
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