Leases | 8. Leases As of March 31, 2023, the Company operated 295 communities under long-term leases (246 operating leases and 49 financing leases). The substantial majority of the Company's lease arrangements are structured as master leases. Under a master lease, numerous communities are leased through an indivisible lease. The Company typically guarantees the performance and lease payment obligations of its subsidiary lessees under the master leases. An event of default related to an individual property or limited number of properties within a master lease portfolio may result in a default on the entire master lease portfolio. The leases relating to these communities are generally fixed rate leases with annual escalators that are either fixed or based upon changes in the consumer price index or the leased property revenue. The Company is responsible for all operating costs, including repairs, property taxes, and insurance. The leases generally provide for renewal or extension options from 5 to 20 years and in some instances, purchase options. The community leases contain other customary terms, which may include assignment and change of control restrictions, maintenance and capital expenditure obligations, termination provisions and financial covenants, such as those requiring the Company to maintain prescribed minimum liquidity, net worth, and stockholders' equity levels and lease coverage ratios, in each case on a consolidated, portfolio-wide, multi-community, single-community and/or entity basis. In addition, the Company's lease documents generally contain non-financial covenants, such as those requiring the Company to comply with Medicare or Medicaid provider requirements and maintain insurance coverage. The Company's failure to comply with applicable covenants could constitute an event of default under the applicable lease documents. Many of the Company's debt and lease documents contain cross-default provisions so that a default under one of these instruments could cause a default under other debt and lease documents (including documents with other lenders and lessors). Certain leases contain cure provisions, which generally allow the Company to post an additional lease security deposit if the required covenant is not met. Furthermore, the Company's leases are secured by its communities and, in certain cases, a guaranty by the Company and/or one or more of its subsidiaries. As of March 31, 2023, the Company is in compliance with the financial covenants of its long-term leases. A summary of operating and financing lease expense (including the respective presentation on the condensed consolidated statements of operations) and net cash outflows from leases is as follows. Three Months Ended Operating Leases (in thousands) 2023 2022 Facility operating expense $ 1,626 $ 1,523 Facility lease expense 46,127 41,564 Operating lease expense 47,753 43,087 Operating lease expense adjustment (1) 10,805 8,307 Changes in operating lease assets and liabilities for lessor capital expenditure reimbursements (2,244) (1,490) Operating net cash outflows from operating leases $ 56,314 $ 49,904 (1) Represents the difference between the amount of cash operating lease payments and the amount of operating lease expense. Three Months Ended Financing Leases (in thousands) 2023 2022 Depreciation and amortization $ 5,228 $ 7,665 Interest expense: financing lease obligations 6,552 12,058 Financing lease expense $ 11,780 $ 19,723 Operating cash outflows from financing leases $ 6,552 $ 12,058 Financing cash outflows from financing leases 5,852 5,490 Changes in financing lease assets and liabilities for lessor capital expenditure reimbursement — (3,207) Total net cash outflows from financing leases $ 12,404 $ 14,341 The aggregate amounts of future minimum lease payments, including community, office, and equipment leases recognized on the condensed consolidated balance sheet as of March 31, 2023 are as follows (in thousands). Year Ending December 31, Operating Leases Financing Leases 2023 (nine months) $ 174,844 $ 36,463 2024 218,481 49,309 2025 216,638 37,189 2026 101,785 37,894 2027 98,606 5,861 Thereafter 135,448 24,174 Total lease payments 945,802 190,890 Purchase option liability and non-cash gain on future sale of property — 135,751 Imputed interest and variable lease payments (192,305) (83,609) Total lease obligations $ 753,497 $ 243,032 |
Leases | 8. Leases As of March 31, 2023, the Company operated 295 communities under long-term leases (246 operating leases and 49 financing leases). The substantial majority of the Company's lease arrangements are structured as master leases. Under a master lease, numerous communities are leased through an indivisible lease. The Company typically guarantees the performance and lease payment obligations of its subsidiary lessees under the master leases. An event of default related to an individual property or limited number of properties within a master lease portfolio may result in a default on the entire master lease portfolio. The leases relating to these communities are generally fixed rate leases with annual escalators that are either fixed or based upon changes in the consumer price index or the leased property revenue. The Company is responsible for all operating costs, including repairs, property taxes, and insurance. The leases generally provide for renewal or extension options from 5 to 20 years and in some instances, purchase options. The community leases contain other customary terms, which may include assignment and change of control restrictions, maintenance and capital expenditure obligations, termination provisions and financial covenants, such as those requiring the Company to maintain prescribed minimum liquidity, net worth, and stockholders' equity levels and lease coverage ratios, in each case on a consolidated, portfolio-wide, multi-community, single-community and/or entity basis. In addition, the Company's lease documents generally contain non-financial covenants, such as those requiring the Company to comply with Medicare or Medicaid provider requirements and maintain insurance coverage. The Company's failure to comply with applicable covenants could constitute an event of default under the applicable lease documents. Many of the Company's debt and lease documents contain cross-default provisions so that a default under one of these instruments could cause a default under other debt and lease documents (including documents with other lenders and lessors). Certain leases contain cure provisions, which generally allow the Company to post an additional lease security deposit if the required covenant is not met. Furthermore, the Company's leases are secured by its communities and, in certain cases, a guaranty by the Company and/or one or more of its subsidiaries. As of March 31, 2023, the Company is in compliance with the financial covenants of its long-term leases. A summary of operating and financing lease expense (including the respective presentation on the condensed consolidated statements of operations) and net cash outflows from leases is as follows. Three Months Ended Operating Leases (in thousands) 2023 2022 Facility operating expense $ 1,626 $ 1,523 Facility lease expense 46,127 41,564 Operating lease expense 47,753 43,087 Operating lease expense adjustment (1) 10,805 8,307 Changes in operating lease assets and liabilities for lessor capital expenditure reimbursements (2,244) (1,490) Operating net cash outflows from operating leases $ 56,314 $ 49,904 (1) Represents the difference between the amount of cash operating lease payments and the amount of operating lease expense. Three Months Ended Financing Leases (in thousands) 2023 2022 Depreciation and amortization $ 5,228 $ 7,665 Interest expense: financing lease obligations 6,552 12,058 Financing lease expense $ 11,780 $ 19,723 Operating cash outflows from financing leases $ 6,552 $ 12,058 Financing cash outflows from financing leases 5,852 5,490 Changes in financing lease assets and liabilities for lessor capital expenditure reimbursement — (3,207) Total net cash outflows from financing leases $ 12,404 $ 14,341 The aggregate amounts of future minimum lease payments, including community, office, and equipment leases recognized on the condensed consolidated balance sheet as of March 31, 2023 are as follows (in thousands). Year Ending December 31, Operating Leases Financing Leases 2023 (nine months) $ 174,844 $ 36,463 2024 218,481 49,309 2025 216,638 37,189 2026 101,785 37,894 2027 98,606 5,861 Thereafter 135,448 24,174 Total lease payments 945,802 190,890 Purchase option liability and non-cash gain on future sale of property — 135,751 Imputed interest and variable lease payments (192,305) (83,609) Total lease obligations $ 753,497 $ 243,032 |