30th Jun 2009 07:00
Environmental Recycling Technologies plc
Preliminary Results for the year ended 31 December 2008
Environmental Recycling Technologies plc ("ERT" or "the Company") (AIM: ENRT), which has developed and is exploiting the patented rights to the Powder Impression Moulding ("PIM") process capable of converting mixed waste plastics into commercially viable products, announces its preliminary results for the year ended 31 December 2008
Highlights
The Company is now operating under an out-licensing business model
- consequent significant reduction in overhead and costs
Increasing interest worldwide to use PIM Process for the Green Agenda
Production of Ecosheet by 2K Manufacturing on stream to commence in July
Major interest in other construction products in Europe and NAFTA
Collaboration agreement with Persico Srl. for future procurement of machinery and tooling
Revenue and other income £1.35 million (2007: £0.24 million)
Loss on operations £2.75 million (2007: loss £4.74 million)
Loss attributable to equity shareholders £3.18 million (2007: loss £5.69 million)
For further information:
Environmental Recycling Technologies Plc
Ken Brooks (Chairman) 01993 779 468
David Shepley-Cuthbert (Finance Director)
Evolution Securities (Nominated Adviser)
Tim Worlledge 0207 071 4300
Bobbie Hilliam
The Company confirms that the Company's Annual Report and Accounts for the year ended 31 December 2008 has been sent to shareholders and is available on the Company's website: www.ertplc.com. Chairman's Statement
I am pleased to say that after much time and effort the Board is delighted to report on significant progress being made with regard to the commercialisation of our proprietary Powder Impression Moulding (PIM) process.
Our principal UK licensee 2K Manufacturing Limited has now been granted three licences, namely for construction boards, signage boards and wider construction products. 2K has secured its funding and its operating site. We have been advised that 2K is on course to begin manufacturing in July and that will be a major milestone achieved for the commercialisation of our process.
In the meantime, your Board has worked hard to overcome the several difficulties we faced in the course of last year. The expensive research and development projects, to which we had been committed, have all been concluded. The Replas project has been revamped and is now working extremely well and our thanks are due to Brunel University for their dedicated research work on the process.
As already announced, we have not been successful in overturning the judgement against us obtained by a former employee of the Group in Kyrgyzstan whose claims, and our costs, have been provided in note 11 to these accounts. While his claim exceeds the present cash resources of the company we are now in mediation discussions which we believe are in the best interests of both parties.
My colleague Roger Baynham will offer in his report a more detailed analysis of the commercial position. The increasing recycling agenda that affects us all has had a major benefit for your company. We are now well placed as an intellectual property bank to out-license our technology on a lower burn rate of overheads than ever before with a greater expectation of licence fees and royalty revenue.
As always I owe a debt of gratitude to my fellow directors for all their hard work in difficult times. I am confident that the future of the Company will be positive.
Ken Brooks
Chairman
Managing Director's Review
As we have previously set out, the Company is now operating under an out-license business model. In return for providing licenses to exploit the PIM process the company receives upfront milestone and royalty payments from its licensees, whilst operating at a low cost base.
There were however contingent production and development obligations during 2008 which the Company was committed to. By sub-contracting these activities the costs were considerably less than if they had been managed in-house. These costs were still significant and have impacted on the results for the year.
All of these commitments were met by December 2008 and as a result there are no longer any such production obligations on the Company.
The Board is pleased to report that it continues to see high levels of interest in its technology. This is in no small part due to the high profile work of its UK licensees and partners. The following provides specific updates on the latest news of our activities in 2009:
2K Manufacturing have taken occupancy of their first manufacturing site. This is a modern, high tech, 62,000 square foot facility in Luton, Bedfordshire
2K Manufacturing have reported that their activities are "on schedule" and anticipate production will commence in July 2009.
As has previously been reported, the Company signed a Master Construction License with 2K Manufacturing in March this year and it is expected that, by utilising this showcase facility, 2K will further enhance commercialisation of the PIM process through its planned roll out and by Sub-Licensing opportunities to third parties in this sector
Contour Shower Trays have, this year, set up production of the Eco-dec products using the PIM process under their own steam. We are informed that these shower trays have been extremely well received by the market.
The joint collaboration venture with Persico Srl., has been seen by those in the plastics industry as a key development. As a leading and very well respected manufacturer of rotational moulding equipment, the PIM process is being championed by Persico to existing plastics manufacturers who wish to capitalise on the opportunities the technology offers to develop the use of mixed recycled plastic waste
The Replas project at Brunel University is nearing completion. Managed by Pera, and funded by TSB (DTI) this project has, through the involvement of its industry partners, enhanced the development of Ecosheet. More recently the PIM test rig has also been used for other project work.
The development and delivery of waste technologies and practices to reduce landfill provide a focus on the output material streams from household, municipal, electronic, automotive and other sectors. Mixed Plastics Recycling is a key desirable and is the focus of much work, notably in UK by WRAP (Waste & Resources Action Program). There is an ever increasing awareness of the solutions the PIM process can provide to some of these issues, and the opportunities a synergistic approach PIM presents when combined with other recycling and waste separation technologies.
The Board has previously said that the Company only intends to announce specific licenses when they have been signed and are material financially, or when we are required to do so for regulatory purposes in relation to existing licenses.
We do however have a substantial number of worldwide enquiries particularly from the USA which the company is currently progressing as part of our strategy to offer territorial and sector franchises to licensees. As the opportunities which the PIM process offers become more tangible, particularly in the light of wider acknowledgement of the need for "green" technologies, the Board are even more confident of accelerated commercialisation of the technology leading to a lucrative future for the Company.
Roger Baynham
Managing Director
Financial Review for the year ended 31 December 2008
Results
Revenue together with other income for the year ended 31 December 2008 was £1.35 million (2007: £0.24 million). The loss on operations was £2.75 million compared to losses of £4.74 million in 2007. Losses attributable to equity shareholders were £3.18 million (2007 loss £5.69 million).
Dividends and loss per share
No dividend payment is proposed.
The loss per share was 1.18 pence compared to a loss per share of 4.01 pence in 2007.
Trading
Revenue included licence income from 2K Manufacturing and LBOC/GTI and pre-production work. Other income arose from TSB (DTI) grants.
Administrative expenses excluding exceptional items for the period were £2.38 million compared to £3.81 million in the same period in 2007 and include in addition to normal running expenses, corporate finance costs, legal costs associated with the on-going intellectual property rights and increased provision for depreciation for the US plant and machinery.
Exceptional expenses of £1.72 million compared to £1.18 million in 2007. They cover further costs incurred in fulfilling contractual obligations for product development for Mediwall and pre production work for Contour, additional provisions for legal and settlement costs associated with a former employee in Kyrgyzstan and settlement costs of a legal dispute in Asia.
Financing
Total borrowings amounted to £3.13 million compared to £2.03 million at 31 December 2007.
During the period, YA Global Investments Limited ("Yorkville") advanced a further £0.35 million and converted a further £0.53 million into equity reducing the loans outstanding to £1.65 million. Since 31 December 2008, Yorkville have converted a further £175,000 of the outstanding loans. In total Yorkville has converted loans and accrued interest totalling £5.37 million at an average price of 4.78p per share.
Other loans advanced during the year totalled £1.78 million of which £0.38 million was converted during the year into ordinary shares. These loans carry interest at rates varying from 7.5% to 15% and conversion rights into ordinary shares.
The Standby Equity Distribution Agreement (SEDA) with Yorkville to the value of £5 million was extended in the year and now expires in September 2010. The first draw down has been made against this facility. The draw down of cash through the SEDA is sufficient to cover the company's normal overheads in the year ahead. The company has had commercial discussions with lenders to ensure that existing facilities remain available or will be settled in shares rather than cash. There are currently no reasons to believe that arrangements cannot be made on acceptable terms.
David Shepley-Cuthbert
Finance Director
Group Income Statement
Year ended 31 December 2008
Year ended 31 December 2008 |
Year ended 31 December 2007 |
|
Continuing operations |
£'000 |
£'000 |
Revenue |
1,089 |
243 |
Other income |
262 |
- |
Administrative expenses |
||
Exceptional |
(1,724) |
(1,176) |
Other |
(2,379) |
(3,811) |
Total administrative expenses |
(4,103) |
(4,987) |
Loss on operations |
(2,752) |
(4,744) |
Finance income |
- |
9 |
Finance costs |
(424) |
(1,035) |
Loss for the year before income tax |
(3,176) |
(5,770) |
Tax credit on loss on ordinary activities |
- |
(80) |
Loss for the year attributable to equity |
||
Shareholders of the company |
(3,176) |
(5,690) |
Loss per share (pence) |
||
Basic and diluted loss per share |
(1.18p) |
(4.01p) |
Group Balance Sheet
At 31 December 2008
31 December |
31 December |
|||
2008 |
2007 |
|||
Assets |
£'000 |
£'000 |
£'000 |
£'000 |
Non-Current Assets |
||||
Intangible assets |
10,685 |
11,579 |
||
Plant & equipment |
296 |
277 |
||
Available-for-sale financial assets |
855 |
- |
||
Trade and other receivables |
- |
585 |
||
Total non current assets |
11,836 |
12,441 |
||
Current assets |
||||
Trade and other receivables |
228 |
537 |
||
Cash and cash equivalents |
17 |
146 |
||
Total current assets |
245 |
683 |
||
Total assets |
12,081 |
13,124 |
||
|
||||
Liabilities |
||||
Current liabilities |
||||
Trade and other payables |
1,224 |
1,110 |
||
Borrowings |
3,128 |
2,030 |
||
Provisions |
563 |
545 |
||
Total current liabilities |
4,915 |
3,685 |
||
Total liabilities |
4,915 |
3,685 |
||
Net assets |
7,166 |
9,439 |
||
Equity attributable to the shareholders of the parent |
||||
Share capital |
7,160 |
6,310 |
||
Share premium reserve |
35,500 |
35,447 |
||
Warrant reserve |
1,021 |
1,367 |
||
Retained earnings |
(36,515) |
(33,685) |
||
Total equity |
7,166 |
9,439 |
Group and Company Statement of Changes in Equity
Year ended 31 December 2007
Share |
Share |
Warrant |
Equity |
Retained |
||
Capital |
Premium |
Reserves |
Reserve |
earnings |
Total |
|
£'000 |
£'000 |
£'000 |
£'000 |
£'000 |
£'000 |
|
Loss for year |
- |
- |
- |
- |
(5,690) |
(5,690) |
Total recognised income and |
||||||
expense for the year |
- |
- |
- |
- |
(5,690) |
(5,690) |
Issue of share capital |
3,654 |
3,234 |
(271) |
- |
- |
6,617 |
Arising on loans |
- |
- |
- |
29 |
- |
29 |
Warrants issued |
- |
- |
261 |
- |
- |
261 |
Warrants revalued |
- |
- |
334 |
- |
- |
334 |
Warrants and options lapsed |
- |
- |
(278) |
(67) |
345 |
- |
Movement for the year |
3,654 |
3,234 |
46 |
(38) |
(5,345) |
1,551 |
Balance at 1 January 2007 |
2,656 |
32,213 |
1,321 |
38 |
(28,340) |
7,888 |
Balance at 31 December 2007 |
6,310 |
35,447 |
1,367 |
- |
(33,685) |
9,439 |
Year ended 31 December 2008
Share |
Share |
Warrant |
Equity |
Retained |
||
Capital |
Premium |
Reserves |
Reserve |
earnings |
Total |
|
£'000 |
£'000 |
£'000 |
£'000 |
£'000 |
£'000 |
|
Loss for year |
- |
- |
- |
- |
(3,176) |
(3,176) |
Total recognised income and |
||||||
expense for the year |
- |
- |
- |
- |
(3,176) |
(3,176) |
Issue of share capital |
850 |
53 |
- |
- |
- |
903 |
Warrant adjustments |
- |
- |
26 |
- |
(26) |
- |
Options lapsed |
- |
- |
(372) |
- |
372 |
- |
Movement for the year |
850 |
53 |
(346) |
- |
(2,830) |
(2,273) |
Balance at 1 January 2008 |
6,310 |
35,447 |
1,367 |
- |
(33,685) |
9,439 |
Balance at 31 December 2008 |
7,160 |
35,500 |
1,021 |
- |
(36,515) |
7,166 |
Group and Company cash flow statement
Year ended 31 December 2008 |
|||
31 December |
31 December |
||
2008 |
2007 |
||
£'000 |
£'000 |
||
Continuing Activities |
|||
Loss before tax |
(3,176) |
(5,770) |
|
Adjusted for: |
|||
Depreciation on property plant and equipment |
312 |
275 |
|
Amortisation of intangible assets |
894 |
895 |
|
Finance income |
- |
(9) |
|
Finance expense |
- |
1,035 |
|
Fees settled in shares |
- |
294 |
|
(1,970) |
(3,280) |
||
Decrease/(increase) in trade and other receivables |
48 |
(163) |
|
(Decrease)/increase in trade and other payables |
(169) |
674 |
|
Increase in provisions |
18 |
545 |
|
Cash used by operations |
(2,073) |
(2,224) |
|
|
|||
Tax receipt |
- |
80 |
|
Net cash outflow from operations |
(2,073) |
(2,144) |
|
Cash flows from investing activities |
|||
Interest received |
- |
9 |
|
Purchase of plant and machinery |
(2) |
(8) |
|
Net cash used in investing activities |
(2) |
1 |
|
Cash flow from financing activities |
|||
Issue of equity share capital |
- |
3,338 |
|
Inception of loans |
2,272 |
125 |
|
Repayment of loans |
(325) |
(!,178) |
|
Interest paid |
(1) |
(51) |
|
Net cash generated in financing activities |
1,946 |
2,234 |
|
Net increase/(decrease) in cash |
(129) |
91 |
|
Cash and cash equivalents at beginning of period |
146 |
55 |
|
Cash and cash equivalents at end of period |
17 |
146 |
Notes to the financial statements
1. Accounting policies
Basis of accounting
While the financial information included in the preliminary announcement has been prepared in accordance with the recognition and measurement principles of International Financial Reporting Standards as endorsed for use in the European Union (IFRSs), this announcement does not contain sufficient information to comply with IFRSs. The company expects to publish full financial statements that comply with IFRSs on 30 June 2009.
The consolidated financial information set out above does not constitute statutory financial statements for the years ended 31 December 2008 or 2007 as defined in Section 240 of the Companies Act 1985. The annual statutory report for the year ended 31 December 2007 has been filed with the Registrar of Companies and that for 2008 will be filed in due course. The auditors have reported on those accounts, their reports were unqualified and did not contain statements under Section 237 (2) or (3) of the Companies Act 1985.
Going concern
The group's business activities, together with the factors likely to affect its future development, performance and position are set out in the Reviews. The financial position of the group, its borrowings and borrowing facilities are described in the Financial Review. In addition note 24 to the financial statements includes the group's objectives, policies and processes for managing its capital; its financial risk management objectives; details of its financial instruments; and its exposures to credit risk and liquidity risk.
As described in the Financial Review the progress towards profitability is challenging and the group has reported another operating loss for the year. Whilst there are a number of uncertainties, the directors' consider that the outlook is now more promising. The directors have instituted measures to manage cash resources and secure appropriate levels of finance. At the date of approving these accounts the company's debt to Yorkville is £1.9 million including interest and debts to other lenders amount to £1.5 million.
The Yorkville convertible loan is due to be repaid or converted before 31 December 2009. Of the other loans written assurance has been received from the lender of £1.175 million that there is no intention to request immediate repayment and that subject to agreement the lender would accept repayment by the issue of shares in the company. The remaining loans are due for repayment by 1 June 2010 at which date the lenders gain conversion rights.
The directors do not expect there to be a requirement to repay the loans in cash during the next 12 months. Although no formal commitment has been received discussions with Yorkville indicate that it will be possible to extend the loan or to request the conversion of loan into equity. The directors believe that arrangements to renew the loan facilities or convert debt into equity will be achievable however the Standby Equity Distribution Agreement ("SEDA") could be used to facilitate settlement of claims and repayment of loans over time.
The arrangements to issue shares for debt need the renewal of the annual resolutions to empower directors to allot shares. Appropriate resolutions will be put to the 2009 AGM together with a resolution to increase the authorised share capital. The directors are confident that shareholder consent will be obtained.
Based upon forecasts prepared, after making enquiries and the comments made above, the directors have a reasonable expectation that the company and the group have adequate resources to meet commitments as they fall due and continue in operational existence for the foreseeable future. Accordingly, they continue to adopt the going concern basis in preparing the annual report and accounts.
Basis of consolidation
The financial statements consolidate the accounts of Environmental Recycling Technologies plc and its non-trading subsidiary undertakings. Intercompany transactions and balances between companies are eliminated in full.
The company has taken advantage of the exemption allowed under Section 230 of the Companies Act 1985 and has not presented its own profit and loss account in these financial statements.
2. Revenue and segment information
The revenue and loss before tax are attributable to the principal activities of the Group being the licensing of the intellectual property of the plastic Powder Impression Moulding system to generate licence fees and ongoing royalties.
In the opinion of the directors, the only business segment is the exploitation of the group's intellectual property. Whilst customers may be operating in different economic environments the group operates from the United Kingdom and all business is subject to English law.
Except for assets with a book value of £nil (2007 £272,000) held in the USA, all assets are held in the UK.
Secondary reporting of external revenue by location of customer is as follows:
Year ended |
Year ended |
||
31 December |
31 December |
||
2008 |
2007 |
||
£'000 |
£'000 |
||
United Kingdom |
203 |
92 |
|
Rest of Europe |
14 |
45 |
|
North America |
872 |
106 |
|
1,089 |
243 |
||
|
Revenue arises from:
Year ended |
Year ended |
||
31 December |
31 December |
||
2008 |
2007 |
||
£'000 |
£'000 |
||
Licence income |
1,038 |
243 |
|
Pre-production sales |
51 |
- |
|
1,089 |
243 |
||
|
3. Loss on operations before interest and finance
Loss on operations is stated after charging/ (crediting):
Year ended |
|
Year ended |
|
31 December 2008 |
31 December 2007 |
||
£'000 |
£'000 |
||
Depreciation of plant and equipment |
312 |
275 |
|
Amortisation of intangible fixed assets |
894 |
895 |
|
Fees payable to the Company's auditor in respect of - |
|||
- Audit of the Company's annual accounts |
48 |
52 |
|
- Tax services |
7 |
12 |
|
- All other services |
20 |
20 |
|
Hire of other assets - operating leases |
18 |
|
18 |
Net (gain)/loss on foreign currency translation |
(17) |
(1) |
|
Equity settled share based payments |
- |
6 |
|
Grant income |
(262) |
- |
Grant income is of a revenue nature.
4. Exceptional items
Year ended |
Year ended |
|
31 December 2008 |
31 December 2007 |
|
£'000 |
£'000 |
|
Legal and settlement costs |
642 |
545 |
Product development work |
1,082 |
631 |
|
1,724 |
1,176 |
The legal and settlement costs are associated with the claim from a former employee in Kyrgyzstan and settlement costs of a legal dispute in Asia. The product development work relates to fulfilling contractual obligations for product development for Mediwall and pre production work for Contour.
5. Finance costs
Year ended |
Year ended |
|
31 December 2008 |
31 December 2007 |
|
£'000 |
£'000 |
|
Loan interest |
221 |
194 |
Bank interest |
1 |
2 |
Amortisation of finance costs |
202 |
839 |
Total finance costs |
424 |
1,035 |
6. Earnings per share
Year ended |
Year ended |
||
31 December 2008 |
31 December 2007 |
||
£'000 |
£'000 |
||
Numerator |
|||
Loss used for calculation of basic and diluted EPS |
(3,176) |
(5,690) |
|
Year ended |
Year ended |
||
31 December 2008 |
31 December 2007 |
||
£'000 |
£'000 |
||
Denominator |
|||
Weighted average number of shares used in basic and diluted EPS |
270,112,435 |
141,959,606 |
|
At 31 December 2008, there were 22,041,785 (2007: 23,946,785) of potentially issuable shares which are anti-dilutive; such shares may become dilutive in future periods.
7. Available-for-sale financial assets
Listed |
Unlisted |
|||||
Shares |
Shares |
Total |
||||
Group and Company |
£'000 |
£'000 |
£'000 |
|||
Cost |
||||||
At 1 January 2008 |
- |
- |
- |
|||
Additions |
410 |
445 |
855 |
|||
Net gain/(losses) transferred |
- |
- |
- |
|||
At 31 December 2008 |
410 |
445 |
855 |
|||
Provisions |
||||||
At 1 January 2008 |
- |
- |
- |
|||
Charge for the year |
- |
- |
- |
|||
At 31 December 2008 |
- |
- |
- |
|||
|
||||||
Net book value |
||||||
At 31 December 2008 |
410 |
445 |
855 |
|||
At 31 December 2007 |
- |
- |
- |
During the year, 500,000 shares in Longborough Capital Corp Inc. (LBOC), a company with shares traded on pink sheets in New York, were received in settlement of licence fees amounting to US$625,000 due from LBOC. In addition GTI Inc. a subsidiary of LBOC has paid licence fees due amounting to US$650,000 by issuing 1,083,333 shares. The Boards of LBOC and ERT agreed in December 2008 that the GTI Inc. shares be exchanged for 520,000 shares in LBOC, the exchange was on 30 March 2009. The fair value is calculated based on the closing bid prices as at the year end date.
Unlisted |
||||||
Shares |
Total |
|||||
Group and Company |
£'000 |
£'000 |
||||
Cost |
||||||
At 1 January 2007 |
331 |
331 |
||||
Disposals |
(331) |
(331) |
||||
At 31 December 2007 |
- |
- |
||||
Provisions |
||||||
At 1 January 2007 |
234 |
234 |
||||
Disposals |
(234) |
(234) |
||||
At 31 December 2007 |
- |
- |
||||
|
||||||
Net book value |
||||||
At 31 December 2007 |
- |
- |
||||
At 31 December 2006 |
97 |
97 |
In 2007 the investment in Medical Waste Solutions Limited was disposed of at a value of £75,000. The investment in Value Plastic Technologies LLC was disposed of at a value of £23,393. Both these investments were sold to Environmental Polymer Technologies Limited and offset against amounts due by that company.
Company
The Company's investment in the capital of unlisted subsidiary undertakings is less than £1,000 in total and it represents:
Nature of business |
Shareholding |
Incorporated |
|
|
|||
3DM Product Developments Limited |
Dormant |
100% |
England |
Camco Corporation Limited |
Dormant |
100% |
England |
Camco Investments Limited |
Dormant |
100% |
Jersey |
The total cost of these investments is £602 against which there is an impairment provision of £600.
8. Trade and other receivables
31 December 2008 |
31 December 2007 |
|
Non current - due after one year |
£'000 |
£'000 |
Other receivables |
- |
585 |
In 2007, other receivables were represented by the loan arising from the sale of Bedwas to Environmental Polymer Technologies Limited in November 2006. During 2008, the loan was offset against the creditor balance with EPT companies. . |
||
Current - due within one year |
||
Trade receivables |
134 |
404 |
VAT recoverable |
1 |
60 |
Other debtors and prepayments |
93 |
73 |
228 |
537 |
All receivable balances are in sterling, none were overdue and no provisions have been made.
9. Trade and other payables - current
31 December 2008 |
31 December 2007 |
|
£'000 |
£'000 |
|
Trade payables |
839 |
694 |
Social security and other taxes |
9 |
13 |
Accruals and deferred income |
376 |
403 |
1,224 |
1,110 |
Book value is a reasonable approximation to fair value and debts are due for repayment under normal trading terms.
10. Borrowings
31 December 2008 |
31 December 2007 |
|
Current - due within one year |
£'000 |
£'000 |
Short term borrowings |
1,479 |
75 |
Current portion of long term borrowings |
1,649 |
1,955 |
|
3,128 |
2,030 |
Total borrowings |
3,128 |
2,030 |
The carrying value (which is a reasonable approximation to fair value) of borrowings analysed by lender is as follows:
YA Global Investment Limited - current |
1,649 |
1,955 |
Other loans |
1,479 |
75 |
Total borrowings |
3,128 |
2,030 |
The amounts due to YA Global Investments Limited ("Yorkville") are stated net of unamortised finance costs. This convertible loan was unsecured and denominated in Sterling. Pursuant to an agreement dated 27 March 2008 Yorkville borrowings are secured by a debenture over the entire undertaking. The loan is due for repayment on or before 31 December 2009 and interest is being charged at 12% per annum. Subject to certain conditions Yorkville may convert their loan to ordinary shares of the company.
Other loans advanced during the year totalled £1,782,000 of which £378,000 was converted during the year into ordinary shares. These loans carry interest at rates varying from 7.5% to 15% and conversion rights into ordinary shares.
The company has no other borrowing facilities except for the SEDA referred to in the Financial Review.
11. Provisions
31 December 2008 |
31 December 2007 |
|
Legal claims |
£'000 |
£'000 |
At 1 January 2008 |
545 |
- |
Increase in provisions |
179 |
545 |
Utilised in year |
(161) |
- |
At 31 December 2008 |
563 |
545 |
Provisions cover claims for legal and settlement costs associated with a former employee in Kyrgyzstan. The provision was increased to cover further legal costs incurred during the year and interest accruing on the court judgement. Amounts paid to the former employee and legal advisors were offset against the provision.
12. Commitments under operating leases
The Group total contracted lease payments under non-cancellable operating leases as set out below.
Lease commitments |
||
31 December 2008 |
31 December 2007 |
|
Motor vehicles |
Motor vehicles |
|
£'000 |
£'000 |
|
Within one year |
4 |
18 |
13. Related party transactions
Invoices totalling £27,746 (2007: £3,485) were received from the A H Brooks Partnership for services rendered and recoverable expenses. The partners are K W Brooks and Mrs N Brooks, wife of K W Brooks. The amount outstanding at the year end was £10,781 (2007: £4,095), which was due to the A H Brooks Partnership.
Invoices totalling £8,333 (2007: £15,933) were received from Oxford Corporate Services Limited for recoverable expenses. This Company is controlled by Mrs N Brooks, wife of K W Brooks. The amount outstanding at the year end was £nil (2007: £2,536), which was due to Oxford Corporate Services Limited.
Aston Hall Limited invoiced £49,288 (2007: £50,060) to the Group in respect of director's fees for D C Shepley-Cuthbert who is also a director and controlling party of Aston Hall Limited. The amount outstanding at the year end was £13,448 (2007: £5,017).
Oakridge Business Services Limited, of which Mrs A Baynham wife of R Baynham is a director, invoiced £30,000 (2007: £15,000) in the year for director's fees. The amount outstanding at the year end was £7,500 (2007: £15,000).
Philip Tyler Polymers Limited, a company that K W Brooks and R Baynham are directors of, invoiced £29,945 (2007: £7,344) to the Group in respect of support services. The amount outstanding at the year end was £14,872 (2007: £7,344).
14. Share based payments
Environmental Recycling Technologies plc operates an unapproved option scheme for executive directors, senior management and certain employees.
2008 |
2007 |
|||
Weighted |
Weighted |
|||
average |
Average |
|||
Exercise price |
Exercise price |
|||
(pence) |
number |
(pence) |
number |
|
Outstanding at the beginning of the year |
59 |
3,863,000 |
59 |
4,463,000 |
Granted during the year |
- |
- |
- |
- |
Exercised during the year |
- |
- |
- |
- |
Lapsed during the year |
61 |
(1,042,000) |
58 |
(600,000) |
59 |
2,821,000 |
59 |
3,863,000 |
The exercise price of options outstanding at the end of the year ranged between 6p and 72p (2007: 6p and 72p) and their weighted average contractual life was 4.8 years (2007 - 6.2 years)
The weighted average share price (at the date of exercise) of options exercised during the year was nil p (2007: nil p)
The weighted average fair value of each option granted during the year was nil p (2007: nil p)
Environmental Recycling Technologies plc issues warrants to third parties for the provision of services rendered and the provision of finance.
2008 |
2007 |
|||
Weighted |
Weighted |
|||
average |
Average |
|||
Exercise price |
Exercise price |
|||
(pence) |
number |
(pence) |
number |
|
Outstanding at the beginning of the year |
11 |
20,115,785 |
17 |
33,532,754 |
Granted during the year |
- |
- |
4 |
11,912,600 |
Exercised during the year |
8 |
(125,000) |
3 |
(7,350,000) |
Lapsed during the year |
24 |
(1,770,000) |
17 |
(17,979,569) |
7 |
18,220,785 |
11 |
20,115,785 |
The exercise price of warrants outstanding at the end of the year ranged between 2.5p and 88p (2007: 2.5p and 88p) and their weighted average contractual life was 1.6 years (2007 - 2.4 years)
The weighted average share price (at the date of exercise) of warrants exercised during the year was 8p (2007: 3p)
The weighted average fair value of each warrant granted during the year was nil p (2007: 2 p)
The following information is relevant in the determination of the fair value of warrants granted during the year by Environmental Recycling Technologies plc:
Equity-settled |
2007 |
|
Option pricing model used |
Black Scholes |
|
Weighted average share price at grant date (pence) |
4 |
|
Exercise price (pence) |
4 |
|
Weighted average contractual life (days) |
859 |
|
Equity-settled |
||
Expected volatility |
28.05% |
|
Expected dividend growth |
- |
|
Risk-free interest rate |
4.43 |
|
The volatility assumption, measured at the standard deviation of expected share price returns is based on a statistical analysis of daily share prices over the last 3 years.
The weighted average share price (at the date of exercise) of options exercised during the year was nil p (2007: nil p)
2008 |
2007 |
|
The share based remuneration expense (note 3) comprises: |
£'000 |
£'000 |
Third parties |
- |
6 |
Employees |
- |
- |
Equity settled schemes |
- |
6 |
15. Events after balance sheet date
The Standby Equity Distribution Agreement (SEDA) with Yorkville to the value of £5 million has been extended and now expires in September 2010. The first draw down has been made against this facility.
The company has not succeeded in overturning the original judgement obtained by a former employee of the Group in relation to the compensation claim which amounts to £0.56 million and is provided for in the accounts (see note 11) and the claim is now subject to mediation.
Related Shares:
ENRT.L