INVESTMENTS | INVESTMENTS Summary of Investments At December 31, 2023 and 2022, our investments include: December 31, 2023 December 31, 2022 Equity Method Investments Investment Ownership % Investment Ownership % Quantum Generative Materials LLC $ 11,606,763 48.19% $ 13,312,433 48.19% Pelen Limited Liability Company 609,165 25.00% 619,184 25.00% Total equity method investments 12,215,928 13,931,617 Measurement Alternative Investments Green Li-ion Pte. Ltd. 18,912,985 13.34% 4,517,710 16.45% Sierra Springs Opportunity Fund, Inc. 19,045,000 17.11% 335,000 11.64% Total measurement alternative investments 37,957,985 4,852,710 Total investments 50,173,913 18,784,327 Less: current investments 18,912,985 — Long-term investments $ 31,260,928 $ 18,784,327 As of December 31, 2023 and 2022, the gain (loss) on investments is as follows: December 31, 2023 December 31, 2022 Realized gain on sale of 1,500 Green Li-ion shares $ 597,248 $ — Unrealized gain on remaining 35,662 Green Li-ion preferred shares 14,577,627 — Realized loss on sale of 9,076,923 ABTC common stock (1,865,000) — Unrealized gain on Sierra Springs Opportunity Fund, Inc. 11,725,000 — Other — 7,310 Total gain on investments $ 25,034,875 $ 7,310 Summary financial information for affiliated companies (20% to 50%-owned) accounted for by the equity method for the periods presented, compiled from the equity investee's financial statements and reported on a one quarter lag is as follows: December 31, 2023 December 31, 2022 Current assets $ 665,765 $ 1,023,023 Non-current assets 6,260,818 12,034,506 Current liabilities — 89,584 Non-current liabilities — — Twelve-Months Ended December 31, 2023 December 31, 2022 Revenues 70,271 73,697 Gross Profit 70,271 73,697 Net loss $ (4,588,529) $ (2,956,597) Net loss attributable to Comstock Inc. $ (1,715,689) $ (1,133,633) Upon acquisition, management determined that the excess of our investment values over the net assets of the individual equity method investees was comprised of goodwill. At December 31, 2023 and 2022, non-current assets in the summarized financial information in the table above include the equity investees’ investment in, and derivative asset associated with, the Company's common stock of $3.7 million and $8.0 million, respectively. Investment in GenMat On June 24, 2021, we invested in the equity of GenMat, and received 465,000 membership units and committed $5,000,000 in cash and $10,000,000 in shares in the Company's common stock for a total of $15,000,000 for the initial seed investment and committed an additional $35,000,000 based upon GenMat’s realization of key development milestones, for up to 50% ownership of GenMat. At closing, we issued 3,000,000 restricted shares of our common stock with a fair value of $10,530,000 toward the $10,000,000 required stock purchase price and recorded a $530,000 related derivative asset for the make-whole provisions associated with the Company's common stock issued. Through December 31, 2023, we paid a total of $12,550,000 consisting of the full $5,000,000 cash commitments and $7,550,000 against the make-whole provision associated with the Company's common stock. In 2023, we paid $5,100,000 against the make-whole for the deficiency in common stock value. In 2022, we paid $3,200,000 consisting of $750,000 towards the initial cash commitments and $2,450,000 against the make-whole for the deficiency in common stock value. For the years ended December 31, 2023 and 2022, the Company recorded $1,705,670 and $1,083,513, respectively, in equity loss from affiliates for the investment in GenMat at 37.5% of voting rights since 165,000 membership units were not vested as of December 31, 2023 and 2022. Through December 31, 2023, the Company has not made additional investments against the additional $35 million investment commitment because the Company and GenMat are finalizing the commitments associated with the first investment tranche and the related development milestones. The Company’s executive chairman and chief executive officer serves as the chairman of GenMat and the Company’s chief technology officer and another employee of the Company serve on the board of directors of GenMat. The GenMat board of directors is composed of the three employees of the Company having one vote each along with the chief executive officer and founder of GenMat who receives four votes. Investment in Pelen LLC In April 2020, the Company invested $602,500 in Pelen LLC in exchange for 25% ownership. In each year from 2020 to 2022, we paid $100,000 for the option to purchase 75% of the remaining membership interest of Pelen LLC. The option expired in 2023. At December 31, 2023 and 2022, the balance of option payments of $0 and $150,000, respectively, are included in deposits in current assets on the consolidated balance sheets. The Company recorded $10,019 in equity loss from affiliates and $28,133 in equity income from affiliates for the investment in Pelen for the years ended December 31, 2023 and 2022. Investment in Green Li-ion Pte. LTD (“Green Li-ion”) As part of our acquisition of a majority ownership of LINICO on December 30, 2021, we acquired 37,162 preferred shares or 20.22% of Green Li-ion, a Singaporean company. The investment had a relative fair value of $4,577,000 at acquisition and was accounted for under the equity method through March 31, 2022, and under the measurement alternative method after March 31, 2022. In 2022, Green Li-ion issued additional equity and decreased our ownership to 16.45%, resulting in the loss of our ability to exercise significant influence. Accordingly, we elected the measurement alternative for equity investments that do not have a readily determinable fair value. On February 28, 2023 and September 5, 2023, Green Li-ion issued additional equity and further decreased our ownership down to 14.01% and 13.34%, respectively. On September 12, 2023, LINICO received gross proceeds of $795,510, net of commission fees of $15,910, from the sale of 1,500 Green Li-ion preferred shares for $530.34 per share and recorded a realized gain of $597,248 included in gain (loss) from investments in the consolidated statements of operations. In connection with this sale, the Company valued the remaining 35,662 Green Li-ion preferred shares it holds using the sales price of $530.34 per share which resulted in recognition of an unrealized gain on investment of $14,577,627. The Company intends to sell the remaining Green Li-ion preferred shares over the next twelve months. For the years ended December 31, 2023 and 2022, we recognized $0 and $59,290, respectively, in equity loss from affiliates for the investment in Green Li-ion. Investment in Sierra Springs Opportunity Fund, Inc. (“SSOF ”) During 2019, the Company invested $335,000 for 6,700,000 shares of SSOF common stock. These shares represented approximately 11.64% of SSOF as of December 31, 2022. From 2020 through November of 2023, the Company also advanced $6,985,000 to SSOF and its subsidiary, for the purpose of purchasing land, payments for deposits on land and payments for an option on land and water rights purchases. On December 29, 2023, the Company and SSOF agreed to convert total advances into 3,880,556 shares of SSOF common stock. The conversion rate of $1.80 per share was determined to be the fair value of a share of SSOF common stock based on cash sales of SSOF common shares. The Company’s initial investment of SSOF common shares in 2019 were revalued at $1.80 per common shares resulting in recognition of an unrealized gain on investment of $11,725,000. At December 31, 2023, the Company’s total investment in SSOF consists of 10,580,556 common shares, or 17.11% of the total SSOF outstanding common shares on a fully diluted, if converted basis. The Company's CEO is an executive of SSOF. Management concluded that SSOF is a VIE of the Company because the Company has both operational and equity risk related to SSOF, and SSOF currently has insufficient equity at risk. Management also concluded that the Company is not the primary beneficiary of SSOF because no one individual or entity has unilateral control over significant decisions. As the Company is not the primary beneficiary, SSOF is not consolidated. At December 31, 2023, the Company’s maximum exposure to loss as a result of its involvement with SSOF is limited to its investment of $19,045,000. Investment in American Battery Technology Company In connection with the sale of the Manufacturing Facility (see Note 9, Sale of Manufacturing Facility ), the Company received 11 million shares of restricted common stock from the purchaser of the Manufacturing Facility, American Battery Technology Company ("ABTC"), with an initial fair value of $9,365,000 (see Note 14, Fair Value Measurements ). On June 30, 2023, the Company and ABTC amended the agreement whereby the Company returned 1,923,077 of the ABTC restricted shares, based on the trading price of ABTC's stock on the date of the amended agreement, in exchange for the $1.5 million of the purchase price set aside in escrow to settle indemnification claims. On August 8, 2023, the remaining 9,076,923 shares owned by the Company became unrestricted. In 2023, the Company sold all 9,076,923 ABTC shares for gross proceeds of $5,456,920, net of commission fees of $90,939. On December 8, 2023, ABTC paid $634,019 to the Company as part of the make-whole payment associated with the stock difference and ABTC guaranteed that the Company will receive additional cash if and to the extent that the net proceeds from such shares are less than $6.0 million. For the year ended December 31, 2023, the Company recognized a loss of $1,865,000 on sale of the ABTC shares which is included in gain (loss) from investments. Investment in LP Biosciences LLC On February 28, 2022, the LP Biosciences transactions that were entered in 2021 were terminated and each of the parties were relieved of their respective rights, liabilities, expenses, and obligations under the transactions except termination obligations. In connection with the termination, 3,500,000 restricted shares of the Company’s common stock were transferred back to the Company for cancellation upon receipt. The combined value of $5,110,000, representing the carrying value of our investment of $4,173,000 and the derivative asset of $937,000, was recorded directly to additional paid-in capital in the statement of equity as of December 31, 2022. The Company incurred additional expenses of approximately $250,000 in connection with the termination of the transaction, which was recorded as other income (expense) in the statement of operations for the year ended December 31, 2022. There was no such expense in 2023. Investment in Mercury Clean Up LLC and MCU Philippines, Inc. In March 2022, based on the lack of known, cash-generating operating sites for MCU-P operations, we determined that the investment was not recoverable. For the year ended December 31, 2022, investment of $1,960,448 in MCU and the investment of $494,884 and notes receivable of $1,628,913 to MCU-P were deemed unrecoverable, and all amounts were fully impaired. On June 18, 2022, the members of MCU agreed to distribute 100% of MCU's assets to the Company, including the cash held by MCU and MCU-P of $895,204 and the remaining 50% of MCU-P common stock, in exchange for forgiveness of the debt owed by MCU-P to the Company which was fully impaired for the year ended December 31, 2022. The cash and proceeds of assets liquidated of $895,204 were recognized as a recovery of impairment of assets in other income (expense) of the Company with $590,000 from MCU and $305,204 from MCU-P in 2022. The carrying value of the investment on the acquisition date of both MCU and MCU-P was $0 and the net assets remaining after distributing the cash in repayment of the note receivable were insignificant. MCU and MCU-P hold equipment that was fully impaired prior to the acquisitions, and the remaining net assets include insignificant amounts of cash and accounts payable. For the years ended December 31, 2023 and 2022, the Company recorded equity losses from affiliates for the investment in MCU and MCU-P of $0 and $14,578, respectively. For the years ended December 31, 2023 and 2022, the Company recorded equity losses from affiliates for the investment in MCU-P of $0 and $4,385, respectively. |