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Commitments And Contingencies | 9 Months Ended
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Sep. 30, 2020
Commitments and Contingencies Disclosure [Abstract] |
Commitments And Contingencies | Commitments, Contingencies and UncertaintiesIn the normal course of business, we enter into a variety of commitments, typically consisting of funding of revolving credit arrangements, construction and mezzanine loans to our operators to conduct expansions and acquisitions for their own account, and commitments for the funding of construction for expansion or renovation to our existing properties under lease. In our leasing operations, we offer to our tenants and to sellers of newly acquired properties a variety of inducements which originate contractually as contingencies but which may become commitments upon the satisfaction of the contingent event. Contingent payments earned will be included in the respective lease bases when funded. The tables below summarize our existing, known commitments and contingencies as of September 30, 2020 according to the nature of their impact on our leasehold or loan portfolios. ($ in thousands)
| Asset Class |  | Type |  | Total |  | Funded |  | Remaining
Loan Commitments: |  |  |  |  |  |  |  |  |
LCS Sagewood Note A | SHO |  | Construction |  | $ | 118,800 |  |  | $ | (91,256) |  |  | $ | 27,544 |
LCS Sagewood Note B | SHO |  | Construction |  | 61,200 |  |  | (61,200) |  |  | — |
Bickford Senior Living | SHO |  | Construction |  | 42,900 |  |  | (29,458) |  |  | 13,442 |
Senior Living Communities | SHO |  | Revolving Credit |  | 12,000 |  |  | (6,170) |  |  | 5,830 |
41 Management | SHO |  | Construction |  | 10,800 |  |  | (8,532) |  |  | 2,268 |
Timber Ridge OpCo | SHO |  | Working Capital |  | 5,000 |  |  | — |  |  | 5,000 |
Watermark Retirement | SHO |  | Working Capital |  | 5,000 |  |  | — |  |  | 5,000 |
Discovery Senior Living | SHO |  | Working Capital |  | 750 |  |  | (750) |  |  | — |
|  |  |  |  | $ | 256,450 |  |  | $ | (197,366) |  |  | $ | 59,084 |
As provided above, loans funded do not include the effects of discounts or commitment fees. Our loans and loan commitments to 41 Management, LLC (“41 Management”) represent a variable interest. 41 Management is structured to limit liability for potential claims for damages, is capitalized to achieve that purpose and is considered a VIE. On June 12, 2020, we provided a $5,000,000 loan commitment to Watermark Retirement to provide working capital liquidity in connection with the renewal of an existing lease on two continuing care retirement communities. The credit loss liability for unfunded loan commitments is estimated using the same methodology as for our funded mortgage and other notes receivable based on the estimated amount that we expect to fund. We applied the same COVID-19 adjustments as discussed in Note 4. The liability for expected credit losses on our unfunded loans is presented in the following table for the nine months ended September 30, 2020 ($ in thousands):
Beginning balance January 1, 2020 (upon adoption of ASU 2016-13) | $ | 325 |
Benefit to expected credit losses | (5) |
Balance at September 30, 2020 | $ | 320 |
| Asset Class |  | Type |  | Total |  | Funded |  | Remaining
Development Commitments: |  |  |  |  |  |  |  |  |
Ignite Medical Resorts | SNF |  | Construction |  | $ | 25,350 |  |  | $ | (24,313) |  |  | $ | 1,037 |
Woodland Village | SHO |  | Renovation |  | 7,515 |  |  | (7,425) |  |  | 90 |
Senior Living Communities | SHO |  | Renovation |  | 9,930 |  |  | (9,763) |  |  | 167 |
Wingate Healthcare | SHO |  | Renovation |  | 1,900 |  |  | (1,532) |  |  | 368 |
Discovery Senior Living | SHO |  | Renovation |  | 900 |  |  | (697) |  |  | 203 |
Navion Senior Solutions | SHO |  | Construction |  | 650 |  |  | — |  |  | 650 |
41 Management | SHO |  | Renovation |  | 400 |  |  | — |  |  | 400 |
Watermark Retirement | SHO |  | Renovation |  | 6,500 |  |  | (3,000) |  |  | 3,500 |
|  |  |  |  | $ | 53,145 |  |  | $ | (46,730) |  |  | $ | 6,415 |
In addition to the commitments listed above, Discovery PropCo has committed to Discovery for funding up to $2,000,000 toward the purchase of condominium units located at one of the facilities. As of September 30, 2020, we have funded $968,000 toward this commitment. As of September 30, 2020, we had $31,850,000 of contingent lease inducement commitments in six lease agreements which are generally based on the performance of facility operations and may or may not be met by the tenant. At September 30, 2020, we had funded $500,000 toward these commitments. COVID-19 Pandemic Contingencies The World Health Organization declared COVID-19 a pandemic on March 11, 2020. The continually evolving pandemic has resulted in a widespread health crisis adversely affecting governments, businesses, and financial markets. In response to the COVID-19 pandemic, many state, local and federal agencies instituted various health and safety measures including temporary closures of many businesses, “shelter in place” orders, and social distancing guidelines that remain in place to some degree. The COVID-19 pandemic and related health and safety measures have created a significant strain on the operations of many of our tenants, operators and borrowers. We have granted rent concessions to two tenants as a result of the COVID-19 pandemic. Effective July 1, 2020, we agreed to defer $2,100,000 in rent due for the third quarter of 2020 from Bickford with half of the deferral placed in escrow. We have agreed to defer or abate portions of rents for the remainder of 2020 with another tenant that would also grant the tenant the option to defer a portion of rents related to the first quarter of 2021. The COVID-19 related deferrals and abatement granted for lease payments were $534,000 and $20,000, respectively, for the third quarter and $538,000 and $30,000, respectively for the fourth quarter. The optional deferred amount for the first quarter of 2021 is $447,000. Any deferred rent payments will accrue interest from the date of the deferral until paid in full. All amounts deferred are due no later than December 31, 2022. Initial interest is 8% through December 31, 2021, at which time the rate increases to 9%. We have elected not to apply the modification guidance under ASC 842 and have decided to account for the related concessions as variable lease payments, recorded as rental income when received. We will evaluate any rent deferral requests as a result of the COVID-19 pandemic on a tenant-by-tenant basis. The extent of future concessions we make as a result of the COVID-19 pandemic, which could have a material impact on our future operating results, cannot be reasonably or reliably projected by us at this time. We have evaluated the impacts of COVID-19 on our operations thus far and incorporated COVID-19 information, where possible, into our assessments of liquidity, asset impairments, and collectability of amounts due from tenants and borrowers as of September 30, 2020. The extent of the impact of COVID-19 on our financial condition, results of operations and cash flows, in the near term, will depend on future developments which are highly uncertain and cannot be predicted at this time. We will continue to monitor for any material or adverse effects resulting from the COVID-19 pandemic. Litigation Our facilities are subject to claims and suits in the ordinary course of business. Our lessees and borrowers have indemnified, and are obligated to continue to indemnify us, against all liabilities arising from the operation of the facilities, and are further obligated to indemnify us against environmental or title problems affecting the real estate underlying such facilities. While there may be lawsuits pending against certain of the owners and/or lessees of the facilities, management believes that the ultimate resolution of all such pending proceedings will have no direct material adverse effect on our financial condition, results of operations or cash flows. In June 2018, East Lake Capital Management LLC and certain related entities, including Regency (for three assisted living facilities in Tennessee, Indiana and North Carolina), filed suit against NHI in Texas seeking injunctive and declaratory relief and unspecified monetary damages. NHI responded with counterclaims and filed motions requesting the immediate appointment of a receiver and for pre-judgment possession. Resulting from these claims and counterclaims, on December 6, 2018, the parties entered into an agreement resulting in Regency vacating the facilities in December 2018. Litigation is ongoing.

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