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The commitment under the Credit Agreement expires three years after the Closing Date .
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Amounts available for borrowing under the Line of Credit equal the lesser of the Borrowing Base ( as defined below ) , and $ 5,500,000 , in each case , as the same is reduced by the aggregate principal amount outstanding under the Line of Credit .
{'LineOfCreditFacilityCurrentBorrowingCapacity': ['5,500,000']}
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“ Borrowing Base ” under the Loan Agreement means , generally , the amount equal to ( i ) 85 % of the Company ’ s eligible accounts receivable , plus ( ii ) 65 % of the value of eligible inventory , less ( iii ) certain reserves .
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The Credit Agreement contains customary representations , warranties and covenants on the part of the Company , including a financial covenant requiring the Company to maintain a fixed charge coverage ratio of no less than 1.0 to 1.0 .
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Of the amount drawn , $ 3,721,583 was used to pay the principal amount of $ 3,700,000 and accrued interest of $ 21,583 due under the Company 's Loan Agreement with Capital Preservation Solutions , LLC entered into on September 4 , 2015 .
{'DebtInstrumentFaceAmount': ['3,700,000'], 'InterestExpense': ['21,583']}
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11 NOTE 9 - OTHER INCOME Other income consists of the following : NOTE 10 - 401 ( K ) PLAN The Company has a 401 ( K ) Profit Sharing Plan for its employees .
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The plan requires six months of service in order to be eligible to participate .
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Employees must be 21 years or older to participate .
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Employees may make salary reduction contributions up to 25 % of compensation not to exceed the federal government limits .
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For all periods to date , the Company did not make any contributions . NOTE 11 - INCOME TAXES CCA and its subsidiaries file a consolidated federal income tax return . The Company previously adopted the provisions of ASC Subtopic 740 - 10 - 25 , “ Uncertain Tax Positions ” .
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Management believes that there were no unrecognized tax benefits , or tax positions that would result in uncertainty regarding the deductions taken , as of May 31 , 2016 and May 31 , 2015 .
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ASC Subtopic 740 - 10 - 25 prescribes a recognition threshold and a measurement attribute for the financial statement recognition and measurement of tax positions taken or expected to be taken in a tax return .
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The charitable contributions portion of the deferred tax asset and the loss carry forward has $ 181,203 and $ 9,058,074 , respectively , that has been reclassified as a long - term asset , based on an estimate of the amount that will be realizable in periods greater than twelve months from May 31 , 2016 .
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TABLE OF CONTENTS CCA INDUSTRIES , INC . AND SUBSIDIARIES NOTES TO UNAUDITED CONSOLIDATED FINANCIAL STATEMENTS At May 31 , 2016 and November 30 , 2015 , respectively , the Company had temporary differences arising from the following : 13 TABLE OF CONTENTS CCA INDUSTRIES , INC . AND SUBSIDIARIES NOTES TO UNAUDITED CONSOLIDATED FINANCIAL STATEMENTS Income tax expense ( benefit ) is made up of the following components : Prepaid and refundable income taxes are made up of the following components : 14 TABLE OF CONTENTS CCA INDUSTRIES , INC . AND SUBSIDIARIES NOTES TO UNAUDITED CONSOLIDATED FINANCIAL STATEMENTS A reconciliation of the provision for income taxes computed at the statutory rate to the effective rate for the three months and six months ended May 31 , 2016 , and May 31 , 2015 is as follows : 15 TABLE OF CONTENTS CCA INDUSTRIES , INC . AND SUBSIDIARIES NOTES TO UNAUDITED CONSOLIDATED FINANCIAL STATEMENTS 16 TABLE OF CONTENTS CCA INDUSTRIES , INC . AND SUBSIDIARIES NOTES TO UNAUDITED CONSOLIDATED FINANCIAL STATEMENTS NOTE 12 - STOCK - BASED COMPENSATION On June 15 , 2005 , the shareholders approved an amended and Restated Stock Option Plan amending the 2003 Stock Option Plan ( the “ Plan ” ) .
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The Plan authorizes the issuance of up to one million shares of common stock ( subject to customary adjustments set forth in the plan ) pursuant to equity awards , which may take the form of incentive stock options , nonqualified stock options restricted shares , stock appreciation rights and/or performance shares .
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The plan expired in April , 2015 .
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On August 13 , 2015 , the shareholders approved the 2015 CCA Industries , Inc. Incentive Plan ( the " 2015 Plan " ) .
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On January 1 , 2006 , the Company adopted ASC Topic 718 , " Stock Compensation " which requires an entity to recognize the grant - date fair value of stock options and other equity - based compensation issued to employees in the financial statements .
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The fair value of the stock option grants below were estimated on the date of the grant using a Black - Scholes valuation model and the assumptions in the following table : On December 1 , 2015 , the Company granted non - qualifed stock options under the Plan for 75,000 shares each to four directors : Sardar Biglari , Philip Cooley , Christopher Hogg and S. David Fineman .
{'ShareBasedCompensationArrangementByShareBasedPaymentAwardOptionsGrantsInPeriodGross': ['75,000']}
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The options vest one year from the date of grant .
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The options expire on November 30 , 2020 .
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The Company has estimated the fair value of the options granted to be $ 263,550 as of the grant date , which amount shall be amortized as an expense over a one year period beginning December 1 , 2015 .
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The Company recorded a charge against earnings in the amount of $ 70,488 for the three months ended May 31 , 2016 and $ 23,897 for the three months ended May 31 2015 for all outstanding stock options granted .
{'AllocatedShareBasedCompensationExpense': ['70,488', '23,897']}
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The Company recorded a charge against earnings in the amount of $ 140,977 and 58,662 , respectively , for the six months ended May 31 , 2016 and 2015 for all stock options granted .
{'AllocatedShareBasedCompensationExpense': ['140,977', '58,662']}
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17 TABLE OF CONTENTS CCA INDUSTRIES , INC . AND SUBSIDIARIES NOTES TO UNAUDITED CONSOLIDATED FINANCIAL STATEMENTS A summary of stock option activity for the Company is as follows : 18 TABLE OF CONTENTS CCA INDUSTRIES , INC . AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS NOTE 13 - INCOME ( LOSS ) PER SHARE Basic earnings ( loss ) per share is calculated using the average number of common shares outstanding .
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For the three and six month periods ending May 31 , 2016 and 2015 there were 404,000 and 312,000 shares , respectively , underlying previously issued stock options that were excluded from diluted loss per share because the effects of such shares were anti - dilutive .
{'AntidilutiveSecuritiesExcludedFromComputationOfEarningsPerShareAmount': ['404,000', '312,000']}
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NOTE 14 - RESTRUCTURING On January 20 , 2014 , the Company announced that its Board of Directors had approved management ’ s plan to restructure the Company ’ s operations , and enter into a key business partnership with The Emerson Group , a premier sales and marketing company located in Wayne , Pennsylvania .
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As part of this change , the Company outsourced to Emerson certain sales and administrative functions effective February 1 , 2014 .
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In addition , warehousing and shipping was outsourced to Ozburn - Hessey Logistics " OHL " , one of the largest integrated global supply chain management companies in the United States .
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The Company ’ s inventory was moved to an OHL - managed facility in Indianapolis , Indiana and shipping commenced from there as of the week of February 3 , 2014 .
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The Company 's workforce as of May 31 , 2016 has been reduced to 13 employees .
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The unpaid balance will be paid out during the balance of fiscal 2016 and the first quarter of fiscal 2017 .
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In April 2015 , the Company moved from its facility at 200 Murray Hill Parkway , East Rutherford , New Jersey to a new facility at 65 Challenger Road , Suite 340 , Ridgefield Park , New Jersey .
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The East Rutherford facility consisted of warehouses and offices totaling approximately 81,000 square feet of space .
{'AreaOfRealEstateProperty': ['81,000']}
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As a result of the outsourcing to the Emerson Group , the Company had not been using the warehouse space since December 2014 .
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The facility at Ridgefield Park is located in an office building and consists of 7,414 square feet of office and allocated common space with an annual rental cost of $ 159,401 per year .
{'AreaOfRealEstateProperty': ['7,414'], 'LeaseAndRentalExpense': ['159,401']}
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In addition , the Company pays an electric charge of $ 1.75 per square foot per year .
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The lease is for five years and four months , commencing April 10 , 2015 , and contains a provision for four months of rent at no charge .
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In June 2015 , the Company sub - let the East Rutherford facility .
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The terms of the sublet is for a monthly rent of $ 36,963 plus all common charges and utilities for a term of six years and ten and a half months , expiring in May 2022 .
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The Company was leasing the East Rutherford facility for $ 41,931 per month , with annual increases equal to the change in the consumer price index .
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The lease expires in May 2022 .
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The Company recorded an expense of $ 407,094 in the second quarter of fiscal 2015 as a restructuring charge as an estimate for the difference between the rent that the Company pays its landlord and the rent received from the sub - tenant over the term of the sub - lease .
{'RestructuringCharges': ['407,094']}
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In addition , the Company recorded a restructuring expense of $ 155,245 for a commission to be paid to the real estate agent who negotiated the sub - lease . The Company also wrote off $ 714,138 of leasehold improvements for the East Rutherford facility in the second quarter of fiscal 2015 , and $ 128,943 of furniture and fixtures no longer needed , both of which were recorded as restructuring expense , along with $ 56,897 related to the termination of employees during the quarter for a total of $ 1,462,317 for the three months ending May 31 , 2015 .
{'RestructuringCharges': ['155,245', '714,138', '128,943', '56,897', '1,462,317']}
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For the six months ended May 31 , 2015 , total restructuring changes for the Company was $ 1,497,340 .
{'RestructuringCharges': ['1,497,340']}
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The difference was the $ 35,023 related to the termination of employees during the first quarter 2015 .
{'RestructuringCharges': ['35,023']}
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NOTE 15 - DISCONTINUED OPERATIONS The Company discontinued the Gel Perfect color nail polish business effective as of May 31 , 2014 .
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The Gel Perfect brand had declining sales in fiscal 2013 and fiscal 2014 .
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The brand has been recorded as discontinued operations and are reflected as such in the Company 's statement of operations . The following table summarizes those components of the statement of operations for the discontinued brand , which contains additional returns for the three and six month periods ending May 31 , 2016 and 2015 : 20 TABLE OF CONTENTS CCA INDUSTRIES , INC . AND SUBSIDIARIES NOTES TO CONSOLIDATED FINANCIAL STATEMENTS NOTE 16 - CERTAIN RELATIONSHIPS AND RELATED TRANSACTIONS David Edell served as a director during fiscal 2014 until September 5 , 2014 .
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On September 5 , 2014 , the Company entered into Separation Agreements with David Edell and Ira Berman , ( the “ Founders ” ) whereby they are no longer required to perform any consulting services pursuant to their Amended and Restated Employment Agreements .
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The Company was required per the Separation Agreements to make an additional payment of $ 200,000 in the aggregate to the Founders by October 1 , 2015 and pay $ 794,620 in the aggregate in fifteen equal monthly installments of $ 25,000 commencing on October 3 , 2014 .
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The Company , Mr. Edell and Mr. Berman agreed to defer the $ 200,000 payment until October 1 , 2016 .
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This amount is being paid at the rate of $ 25,000 per month until fully paid . On September 5 , 2014 , the Company entered into a Loan and Security Agreement ( the “ Agreement ” ) with Capital Preservation Solutions , LLC ( “ Capital ” ) for a $ 5,000,000 working capital line of credit and a term loan for working capital purposes not to exceed $ 1,000,000 .
{'LineOfCreditFacilityMaximumBorrowingCapacity': ['5,000,000', '1,000,000']}
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The Warrant may be exercised in whole or in part at any time during the exercise period which is five years from the date of the Warrant .
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The Warrant bears a purchase price of $ 3.17 per share , subject to adjustments .
{'ClassOfWarrantOrRightExercisePriceOfWarrantsOrRights1': ['3.17']}
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The working capital line of credit and term loan principal balances were repaid on December 4 , 2015 ( see Note 8 - Debt Agreement for further information ) .
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The Company entered into an agreement with Funston Media Management ( " FMM " ) , effective December 1 , 2015 .
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Under the terms of the agreement , FMM receives a commission of 10 % on all gross media spending for media that was planned or purchased by FMM on behalf of the Company , plus any out - of - pocket expenses .
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6 Table of Contents Pandora Media , Inc. Notes to Condensed Consolidated Financial Statements ( unaudited ) 1 .
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We were incorporated as a California corporation in January 2000 and reincorporated as a Delaware corporation in December 2010 .
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We completed the acquisition of Ticketfly on October 31 , 2015 .
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GAAP ” ) along with the instructions to Form 10-Q and Article 10 of Securities and Exchange Commission ( " SEC " ) Regulation S - X , and include the accounts of Pandora and our wholly - owned subsidiaries .
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These interim unaudited condensed consolidated financial statements are not necessarily indicative of the results expected for the full fiscal year or for any subsequent period and should be read in conjunction with the audited consolidated financial statements and related notes included in our Annual Report on Form 10-K for the year ended December 31 , 2015 .
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Summary of Significant Accounting Policies There have been no material changes to our significant accounting policies as compared to those described in our Annual Report on Form 10-K for the year ended December 31 , 2015 .
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As of December 31 , 2015 and June 30 , 2016 , we had no customers that accounted for more than 10 % of our total accounts receivable .
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Recently Issued Accounting Standards In March 2016 , the FASB issued Accounting Standards Update No .
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2016 - 09 , Compensation - Stock Compensation ( Topic 718 ) ( " ASU 2016 - 09 ) " .
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ASU 2016 - 09 requires all income tax effects of awards to be recognized in the income statement when the awards vest or are settled .
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The guidance is effective for fiscal years beginning after December 15 , 2016 , and interim periods within that fiscal year , although early adoption is permitted .
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In August 2014 , the FASB issued Accounting Standards Update No .
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2014 - 15 , Going Concern ( Subtopic 205 - 40 ) ( “ ASU 2014 - 15 ” ) .
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ASU 2014 - 15 requires management of all entities to evaluate whether there are conditions and events that raise substantial doubt about the entity ’ s ability to continue as a going concern within one year after the financial statements are issued ( or available to be issued when applicable ) .
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The guidance is effective for fiscal years beginning after December 15 , 2016 and for interim periods within that fiscal year .
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In May 2014 , the FASB issued Accounting Standards Update No .
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2014 - 9 , Revenue from Contracts with Customers ( Topic 606 ) ( “ ASU 2014 - 9 ” ) .
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ASU 2014 - 9 outlines a single comprehensive model for entities to use in accounting for revenue .
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The standard may be effective for public entities with annual and interim reporting periods beginning after December 15 , 2017 .
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In February 2016 , the FASB issued Accounting Standards Update No .
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2016 - 02 , Leases ( Topic 842 ) ( " ASU 2016 - 02 " ) .
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ASU 2016 - 02 requires lessees to put most leases on their balance sheets but recognize expenses on their income statement and eliminates the real estate - specific provisions for all entities .
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The guidance is effective for fiscal years beginning after December 15 , 2018 , including interim periods within those fiscal years .
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Cash , Cash Equivalents and Investments Cash , cash equivalents and investments consisted of the following : 8 Table of Contents Pandora Media , Inc. Notes to Condensed Consolidated Financial Statements - Continued ( unaudited ) Our short - term investments have maturities of twelve months or less and are classified as available - for - sale .
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Our long - term investments have maturities of greater than twelve months and are classified as available - for - sale .
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The following tables summarize our available - for - sale securities ’ adjusted cost , gross unrealized gains , gross unrealized losses and fair value by significant investment category as of December 31 , 2015 and June 30 , 2016 .
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The following table presents available - for - sale investments by contractual maturity date as of December 31 , 2015 and June 30 , 2016 .
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9 Table of Contents Pandora Media , Inc. Notes to Condensed Consolidated Financial Statements - Continued ( unaudited ) The following tables summarize our available - for - sale securities ’ fair value and gross unrealized losses aggregated by investment category and length of time that the individual securities have been in a continuous unrealized loss position as of December 31 , 2015 and June 30 , 2016 .
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Our investment policy requires investments to be investment grade , primarily rated “ A1 ” by Standard & Poor ’ s or “ P1 ” by Moody ’ s or better for short - term investments and rated “ A ” by Standard & Poor ’ s or “ A2 ” by Moody ’ s or better for long - term investments , with the objective of minimizing the potential risk of principal loss .
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In addition , the investment policy limits the amount of credit exposure to any one issuer .
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The unrealized losses on our available - for - sale securities as of June 30 , 2016 were primarily a result of unfavorable changes in interest rates subsequent to the initial purchase of these securities .
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As a result , no portion of the unrealized losses at June 30 , 2016 is deemed to be other - than - temporary and the unrealized losses are not deemed to be credit losses .
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When evaluating the investments for other - than - temporary impairment , we review factors such as the length of time and extent 10 Table of Contents Pandora Media , Inc. Notes to Condensed Consolidated Financial Statements - Continued ( unaudited ) to which fair value has been below cost basis , the financial condition of the issuer and any changes thereto , and our intent to sell , or whether it is more likely than not we will be required to sell , the investment before recovery of the investment ’ s amortized cost basis .
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During the three and six months ended June 30 , 2016 , we did not recognize any impairment charges .
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11 Table of Contents Pandora Media , Inc. Notes to Condensed Consolidated Financial Statements - Continued ( unaudited ) 4 .
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Level 2 - Inputs ( other than quoted prices included in Level 1 ) are either directly or indirectly observable for the asset or liability through correlation with market data at the measurement date and for the duration of the instrument ’ s anticipated life .
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The fair value of these financial assets and liabilities was determined using the following inputs at December 31 , 2015 and June 30 , 2016 : 12 Table of Contents Pandora Media , Inc. Notes to Condensed Consolidated Financial Statements - Continued ( unaudited ) Our money market funds are classified as Level 1 within the fair value hierarchy because they are valued primarily using quoted market prices .
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As of December 31 , 2015 and June 30 , 2016 , we held no Level 3 assets or liabilities .
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Refer to Note 7 , " Debt Instruments , " for the carrying amount and estimated fair value of our convertible senior notes , which are not recorded at fair value as of June 30 , 2016 .
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Pre-1972 copyright litigation On April 17 , 2014 , UMG Recordings , Inc. , Sony Music Entertainment , Capitol Records , LLC , Warner Music Group Corp. and ABKCO Music and Records , Inc. filed suit against Pandora Media Inc. in the Supreme Court of the State of New York .
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The complaint claims common law copyright infringement and unfair competition arising from allegations that Pandora owes royalties for the public performance of sound recordings recorded prior to February 15 , 1972 .
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The settlement resolves all past claims as to our use of pre-1972 recordings owned or controlled by the plaintiffs and enables us , without any additional payment , to reproduce , perform and broadcast such recordings in the United States through December 31 , 2016 .
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