Net Investment in Notes Receivable | (3 ) Net Investment in Notes Receivable As of September 30, 2015 and December 31, 2014, we had net investment in notes receivable on non-accrual status of $ 9,544,175 and $2,899,078, respectively. As of September 30, 2015, our net investment in note receivable and accrued interest related to two affiliates of T é cnicas Maritimas Avanzadas , S.A. de C.V. (collectively, “TMA”) totaled $3,500,490 and $327,545, respectively, of which an aggregate of $287, 568 was over 90 days past due. TMA is in technical default due to its failure to cause all four platform supply vessels to be subject to a charter agreement and in payment default while available cash has been swept and applied to the senior tranche of the loan in accordance with the loan agreement since May 2015. Based upon the estimated fair value of the collateral securing the loan net the related estimated costs to sell, our Investment Manager believes that all contractual interest and outstanding princ ipal payments under the loan are collectible. As a result, we continue to account for our net investment in note receivable related to TMA on an accrual basis despite a portion of the outstanding balance being over 90 days past due. Subsequently, on Octobe r 30, 2015, TMA entered into five year charter agreements covering the remaining two previously unchartered vessels, commencing November 7, 2015. Net investment in notes receivable consisted of the following: September 30, 2015 December 31, 2014 Principal outstanding (1) $ 39,636,500 $ 65,959,899 Initial direct costs 2,650,954 3,397,823 Deferred fees (799,438) (923,855) Credit loss reserve (2) (23,849,371) (5,701,892) Net investment in notes receivable (3) $ 17,638,645 $ 62,731,975 (1) As of September 30, 2015, total principal outstanding related to our impaired loan of $31,788,011 was related to JAC (defined below). As of December 31, 2014, total principal outstanding related to our impaired loans was $8,600,970, of which $4,795,035 was related to VAS (defined below) and $3,805,935 was related to Western Drilling (defined below). (2) As of September 30, 2015, the credit loss reserve of $23,849,371 was related to JAC. As of December 31, 2014, the credit loss reserve was $5,701,892, of which $1,895,957 was related to VAS and $3,805,935 was related to Western Drilling. (3) As of September 30, 2015 and December 31, 2014, net investment in notes receivable related to our impaired loans was $9,544,175 and $2,899,078, respectively. On July 26, 2011, we made a secured term loan to Western Drilling Inc. and Western Landholdings, LLC (collectively , “Western Drilling”) in the amount of $9,465,000. The loan bore interest at 14% per year and was scheduled to mature on September 1, 2016. The loan was secured by, among other collateral, a first priority security interest in oil and gas drilling rigs and a mortgage on real property. Due to a change in market demand, the utilization of Western Drilling’s rigs declined, which led to Western Dr illing’s failure to meet its payment obligations. As a result, the loan was placed on a non-accrual status and a credit loss was recorded during the year ended December 31, 2013 based on the estimated value of the recoverable collateral. No finance income was recognized since the date the loan was considered impaired. During the year ended December 31, 2014, an additional credit loss reserve of $862,131 was recorded based on cash proceeds received from the sale of the collateral. As of December 31, 2014, we fully reserved the remaining balance of the loan of $3,805,935. On March 18, 2015, we entered into a settlement and mutual release with the estate of Western Drilling’s guarantor to settle our claims against the guarantor for $ 37,860 . On April 29, 2015, w e received the settlement amount and wrote off the fully reserved loan as of June 30, 2015 . During the year ended December 31, 2014, VAS Aero Services, LLC (“VAS”) experienced financial hardship resulting in its failure to make the final monthly payment under the secured term loan as well as the balloon payment due on the October 6, 2014 maturity date. As a result, our Investment Manager determined that we should record a credit loss reserve based on an estimated liquidation value of VAS’s inventory and a ccounts receivable. Accordingly, the loan was placed on non-accrual status and a credit loss reserve of $ 1,895,957 was recorded during the year ended December 31, 2014 based on our pro-rata share of the liquidation value of the collateral. The value of the collateral was based on a third-party appraisal using a sales comparison approach. As of December 31, 2014, the net carrying value of the loan was $ 2,899,078 . In March 2015, the 90-day standstill period provided for in the loan agreement ended without a v iable restructuring or refinancing plan agreed upon. In addition, the senior lender continued to charge VAS forbearance fees. Although discussions among the parties were still ongoing, these factors resulted in our Investment Manager making a determination to record an additional credit loss reserve of $ 1,087,993 during the three months ended March 31, 2015 to reflect a potential forced liquidation of the collateral. The forced liquidation value of the collateral was primarily based on a third-party apprais al using a sales comparison approach. On July 23, 2015, we sold all of our interest in the loan to GB Loan, LLC (“GB”) for $ 806,924 . As a result, we recorded an additional credit loss of $ 1,004,161 and wrote off the credit loss reserve and corresponding ba lance of the loan of $ 3,988,111 during the three months ended June 30, 2015. No gain or loss was recognized for the three months ended September 30, 2015 as a result of the sale. No finance income was recognized since the date the loan was considered impai red. Accordingly, no finance income was recognized for the three and nine months ended September 30, 2015. Finance income recognized on the loan prior to recording the credit loss reserve was $ 205,084 and $ 578,818 for the three and nine months ended Septem ber 30, 2014, respectively. On December 22, 2011, a joint venture owned 75% by us and 25% by ICON Leasing Fund Twelve, LLC (“Fund Twelve”), an entity also managed by our Investment Manager, made a $20,124,000 subordinated term loan to Jurong Aromatics Co rporation Pte. Ltd. (“JAC”). As of March 31, 2015, JAC was in technical default of the loan as a result of its failure to provide certain financial data to us. In addition, JAC realized lower than expected operating results caused in part by a temporary shutdown of its manufacturing facility du e to technical constraints that have since been resolved. As a result, JAC failed to make the expected payment that was due to us during the three months ended March 31, 2015. Although this delayed payment did no t trigger a payment default under the loan agreement, the interest rate payable by JAC under the loan increased from 12.5% to 15.5%. During the three months ended June 30, 2015, the expected tolling arrangement did not commence and JAC’s stakeho lders were unable to agree upon a restructuring plan. As a result, the manufacturing facility had not yet resumed operations and JAC continued to experience liquidity constraints. Accordingly, our Investment Manager determined that there was doubt regardin g our ultimate collectability of the loan. Our Investment Manager visited JAC’s facility and engaged in discussions with JAC’s other stakeholders to agree upon a restructuring plan. Based upon such discussions, which included a potential conversion of a po rtion of the loan to equity and/or a restructuring of the loan, our Investment Manager believed that we may potentially not be able to recover approximately $6,400,000 to $22,300,000 of the outstanding balance due from JAC as of June 30, 2015. During the t hree months ended June 30, 2015, we recognized a credit loss of $15,921,795, which our Investment Manager believed was the most likely outcome based upon the negotiations at the time. During the three months ended June 30, 2015, we placed the loan on non-a ccrual status and no finance income was recognized. During the three months ended September 30, 2015, JAC continued to be non-operational and therefore not able to service interest payments under the loan. Discussions between the senior lenders and certa in other stakeholders of JAC ended as the senior lenders did not agree to amendments to their credit facilities as part of the broader restructuring that was being contemplated. As a result, JAC entered receivership on September 28, 2015. At September 30, 2015, our Investment Manager reassessed the collectability of the loan by considering the following factors: ( i ) what a potential buyer may be willing to pay to acquire JAC based on a comparable enterprise value derived from EBITDA multiples and (ii) the average trading price of unsecured distressed debt in comparable industries. Our Investment Manager also considered the proposed plan of converting a portion of the loan to equity and/or restructuring the loan in the event that JAC’s stakeholders recommenc e discussions. Based upon such reassessment, our Investment Manager believes that we may potentially not be able to recover approximately $19,400,000 to $ 24,000,000 of the outstanding balance due from JAC as of September 30, 2015. During the three months ended September 30, 2015, we recognized a credit loss of $7,927,576, which our Investment Manager believes is the most likely outcome derived from its reassessment. An additional credit loss may be recorded in future periods based upon future developments of the receivership process or if our ultimate collectability of the loan results in less of a recovery from our current estimate . For the three months ended September 30, 2015 and 2014 , we recognized finance income of $0 and $883,210, respectively. For the nine months ended September 30, 2015 and 2014, we recognized finance income of $984,108 and $2,513,888, respectively. As of September 30, 2015 and December 31, 2014, our net investment in note receivable related to JAC was $ 9,544,175 and $31,976,805, r espectively. On January 30, 2015, Superior Tube Company, Inc. and Tubes Holdco Limited (collectively, “Superior”) satisfied their obligations in connection with a secured term loan scheduled to mature on September 10, 2017 by making a prepayment of $10,19 8,899 , comprised of all outstanding principal, accrued interest and a prep ayment fee of $296,96 0. As a result, we recognized additional finance income of $123,006 . On May 7, 2015, NARL Marketing Inc. and certain of its affiliates (collectively, “NARL”) ma de a partial prepayment on their secured term loan of $ 206,818 pursuant to the excess cash sweep provision of the loan agreement. On July 15, 2015, NARL made a voluntary partial prepayment on the loan of $ 1,574,215 , which included a prepayment fee of $ 67,5 00 . The prepayment fee was recognized as additional finance income. On August 6, 2015, NARL satisfied its obligations in full by making a prepayment of $ 1,079,963 pursuant to the excess cash sweep provision of the loan agreement, comprised of all outstandi ng principal and unpaid interest. On September 30, 2015, Cenveo Corporation (“ Cenveo ”) satisfied its obligations in connection with a secured term loan scheduled to mature on October 1, 2018 by making a prepayment of $ 5,675,625 , comprised of all outstanding principal, accrued interest and a prepayment fee of $ 108,000 . The prepayment fee was recognized as additional finance income. Credit loss allowance activities for the three months ended September 30, 2015 were as follows: Credit Loss Allowance Allowance for credit loss as of June 30, 2015 $ 15,921,795 Provisions 7,927,576 Write-offs, net of recoveries - Allowance for credit loss as of September 30, 2015 $ 23,849,371 Credit loss allowance activities for the three months ended September 30, 2014 were as follows: Credit Loss Allowance Allowance for credit loss as of June 30, 2014 $ 6,775,813 Provisions - Write-offs, net of recoveries (11,084) Allowance for credit loss as of September 30, 2014 $ 6,764,729 Credit loss allowance activities for the nine months ended September 30, 2015 were as follows: Credit Loss Allowance Allowance for credit loss as of December 31, 2014 $ 5,701,892 Provisions 25,903,665 Write-offs, net of recoveries (7,756,186) Allowance for credit loss as of September 30, 2015 $ 23,849,371 Credit loss allowance activities for the nine months ended September 30, 2014 were as follows: Credit Loss Allowance Allowance for credit loss as of December 31, 2013 $ 5,902,598 Provisions 873,215 Write-offs, net of recoveries (11,084) Allowance for credit loss as of September 30, 2014 $ 6,764,729 |