Net Investment in Notes Receivable | (3 ) Net Investment in Notes Receivable As of June 30, 2015 and December 31, 2014, we had net investment in notes receivable on non-accrual status of $1 6,509,246 and $2,899,078, respectively, and no net investment in notes receivable that was past due 90 days or more and still accruing. Net investment in notes receivable consisted of the following: June 30, 2015 December 31, 2014 Principal outstanding (1) $ 47,136,158 $ 65,959,899 Initial direct costs 2,866,202 3,397,823 Deferred fees (941,301) (923,855) Credit loss reserve (2) (15,921,795) (5,701,892) Net investment in notes receivable (3) $ 33,139,264 $ 62,731,975 (1) As of June 30, 2015, total principal outstanding related to our impaired loans was $30,825,506, of which $30,018,582 was related to JAC (defined below) and $806,924 was related to VAS (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 and $3,805,935 was related to Western Drilling (defined below). (2) As of June 30, 2015, the credit loss reserve of $15,921,795 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 June 30, 2015 and December 31, 2014, net investment in notes receivable related to our impaired loans was $16,509,246 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. As of June 30, 2015, the net carrying value of the loan was $806,924. No finance income was recognized since the date the loan was considered impaired. Accordingly, no finance inc ome was recognized for the three and six months ended June 30, 2015. Finance income recognized on the loan prior to recording the credit loss reserve was $199,679 and $373,734 for the three and six months ended June 30, 2014, respectively. On Decembe r 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 Corporation Pte. Ltd. (“JAC”). As of Ma rch 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 due 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 not trigger a payment default under the lo an 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 stakeholders were unable to agree upon a restru cturing plan. As a result, the manufacturing facility has not yet resumed operations and JAC continues to experience liquidity constraints. Accordingly, our Investment Manager has determined that there is doubt regarding our ultimate collectability of the loan. Our Investment Manager visited JAC’s facility and continues to engage in discussions with JAC’s other stakeholders to agree upon a restructuring plan. Based upon recent discussions, we may convert a portion of the loan to equity and/or restructure th e loan. Based upon this proposal, our Investment Manager believes 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 three months ended June 30, 201 5, we recognized a credit loss of $15,921,795, which our Investment Manager believes is the most likely outcome based on ongoing negotiations. An additional credit loss may be recorded in future periods if a restructuring plan is not agreed upon or if an a greed upon plan results in less of a recovery from our current estimate. During the three months ended June 30, 2015, we placed the loan on non-accrual status and no finance income was recognized. For the three months ended June 30, 2014, we recognized fin ance income of $824,793. For the six months ended June 30, 2015 and 2014, we recognized finance income of $984,108 and $1,630,678, respectively. As of June 30, 2015 and December 31, 2014, the net investment in note receivable related to JAC was $15,702, 322 and $31,976,805, respectively. On January 30, 2015, Superior Tube Company, Inc. and Tubes Holdco Limited (collectively, “Superior”) satis fied their obligations in connection with a secured term loan scheduled to mature on September 10, 2017 by making a prepayment of approximately $10,199,000, comprised of all outstanding principal, accrued interest and a prepayment fee of approximately $297 ,000. As a result, we recognized additional finance income of approximately $123,000. On May 7 and July 15, 2015, NARL Marketing Inc. and certain of its affiliates (collectively, “NARL”) made partial prepayments on its secured term loan of $206 ,818 and $1,574,199 , respectively, pursuant to the excess cash sweep provision of the loan agreement. On August 6, 2015, NARL satisfied its obligations in full by making a prepayment of $1,079,963 , comprised of all outstanding principal an d unpaid interest. No significant income or loss was recognized as a result of these transactions. Credit loss allowance activities for the three months ended June 30, 2015 were as follows: Credit Loss Allowance Allowance for credit loss as of March 31, 2015 $ 6,789,885 Provisions 16,888,096 Write-offs, net of recoveries (7,756,186) Allowance for credit loss as of June 30, 2015 $ 15,921,795 Credit loss allowance activities for the three months ended June 30, 2014 were as follows: Credit Loss Allowance Allowance for credit loss as of March 31, 2014 $ 6,697,597 Provisions 78,216 Write-offs, net of recoveries - Allowance for credit loss as of June 30, 2014 $ 6,775,813 Credit loss allowance activities for the six months ended June 30, 2015 were as follows: Credit Loss Allowance Allowance for credit loss as of December 31, 2014 $ 5,701,892 Provisions 17,976,089 Write-offs, net of recoveries (7,756,186) Allowance for credit loss as of June 30, 2015 $ 15,921,795 Credit loss allowance activities for the six months ended June 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 - Allowance for credit loss as of June 30, 2014 $ 6,775,813 |