LOANS HELD FOR INVESTMENT, NET | 2.0x Total
Fixed-rate $ 2,466,706 $ - $ 49,041,867 $ 17,613,043 $ - $ - $ 69,121,616
Floating-rate 104,322,083 35,491,887 38,729,046 15,396,370 5,296,308 85,283,300 284,518,994
$ 106,788,789 $ 35,491,887 $ 87,770,913 $ 33,009,413 $ 5,296,308 $ 85,283,300 $ 353,640,610
As of December 31, 2022 Real Estate Collateral Coverage(1)
< 1.0x 1.0x – 1.25x 1.25x – 1.5x 1.50x – 1.75x 1.75x – 2.0x > 2.0x Total
Fixed-rate $ - $ - $ 20,406,737 $ 17,203,138 $ - $ 20,089,663 $ 57,699,538
Floating-rate 63,963,105 78,211,454 13,399,712 9,980,730 12,849,490 103,169,509 281,574,000
$ 63,963,105 $ 78,211,454 $ 33,806,449 $ 27,183,868 $ 12,849,490 $ 123,259,172 $ 339,273,538 (1) Real estate collateral coverage is calculated based upon most recent third-party appraised values. The Company generally obtains new appraisals of all material real estate collateral at least once annually. Geography concentration of our loans held for investment is also a significant credit quality indicator. As of December 31, 2023 and December 31, 2022, our borrowers have operations in the jurisdictions in the table below:
As of December 31, 2023 As of December 31, 2022
Jurisdiction Outstanding (1) Our Loan Jurisdiction Outstanding (1) Our Loan
Michigan $ 56,466,635 16 % Michigan $ 58,823,506 17 %
Maryland 53,907,352 15 % Maryland 53,394,180 16 %
Florida 48,815,066 14 % Florida 51,421,128 15 %
Ohio 27,902,362 8 % Ohio 45,116,990 13 %
Illinois 25,599,133 7 % Illinois 30,302,490 9 %
Missouri 25,191,575 7 % Missouri 17,337,220 5 %
Arizona 24,466,609 7 % Arizona 19,266,104 6 %
New York 22,611,938 6 % New York — 0 %
Pennsylvania 21,674,160 6 % Pennsylvania 34,606,585 10 %
Nebraska 13,061,667 4 % Nebraska — 0 %
Massachusetts 12,308,310 3 % Massachusetts 15,031,751 4 %
West Virginia 11,706,059 3 % West Virginia 11,640,004 3 %
Nevada 5,764,439 2 % Nevada 6,089,376 2 %
Connecticut 5,450,000 2 % Connecticut — 0 %
Oregon 820,000 0 % Oregon — 0 %
Total $ 355,745,305 100 % Total $ 343,029,334 100 % (1) The principal balance of the loans not secured by real estate collateral are included in the jurisdiction representing the principal place of business. CECL Reserve The Company records an allowance for current expected credit losses for its loans held for investment. The allowances are deducted from the gross carrying amount of the assets to present the net carrying value of the amounts expected to be collected on such assets. The Company estimates its CECL Reserve using among other inputs, third-party valuations, and a third-party probability-weighted model that considers the likelihood of default and expected loss given default for each individual loan based on the risk profile for approximately three years after which we immediately revert to use of historical loss data. ASC 326 requires an entity to consider historical loss experience, current conditions, and a reasonable and supportable forecast of the macroeconomic environment. The Company considers multiple datapoints and methodologies that may include likelihood of default and expected loss given default for each individual loan, valuations derived from discount cash flows (“DCF”), and other inputs including the risk rating of the loan, how recently the loan was originated compared to the measurement date, and expected prepayment, if applicable. The measurement of expected credit losses under CECL is applicable to financial assets measured at amortized cost, and off-balance sheet credit exposures such as unfunded loan commitments. The Company's methodologies for determining the CECL Reserve are applied on a collective (pool) basis evaluating such pools of loans on the basis of similar risk characteristics as explained below. We make the judgment that loans to cannabis-related borrowers that are fully or partially collateralized by real estate exhibit similar risk characteristics and are evaluated as a pool. Further, loans that have no real estate collateral, but are secured by other forms of collateral, including equity pledges of the borrower, and otherwise have similar characteristics as those collateralized by real estate are evaluated separately. Loans within each pool are analyzed individually, based on the economic terms of the loan including time to maturity, the nature and sufficiency of collateral coverage, geography, and other factors. Contractual loan maturities may extend beyond the forecast horizon for which we are able to derive reasonable and supportable forecasts. Estimating the CECL Reserve also requires significant judgment with respect to various factors, including (i) the appropriate historical loan loss reference data, (ii) the expected timing of loan repayments, (iii) calibration of the likelihood of default to reflect the risk characteristics of the Company’s loan portfolio, and (iv) the Company’s current and future view of the macroeconomic environment. From time to time, the Company may consider loan-specific qualitative factors on certain loans to estimate its CECL Reserve, which may include (i) whether cash from the borrower’s operations is sufficient to cover the debt service requirements currently and into the future, (ii) the ability of the borrower to refinance the loan, and (iii) the liquidation value of collateral. For loans where we have deemed the borrower/sponsor to be experiencing financial difficulty, we may elect to apply a practical expedient, in which the fair value of the underlying collateral is compared to the amortized cost of the loan in determining a CECL Reserve. To estimate the historic loan losses relevant to the Company’s portfolio, the Company evaluates its historical loan performance, which includes zero realized loan losses since the inception of its operations. Additionally, the Company analyzed its repayment history, noting it has limited “true” operating history, since the incorporation date of March 30, 2021. However, the Company’s Sponsor and its affiliates have had operations for the past three fiscal periods and have made investments in similar loans that have similar characteristics including interest rate, collateral coverage, guarantees, and prepayment/make whole provisions, which fall into the pools identified above. Given the similarity of the structuring of the credit agreements for the loans in the Company’s portfolio to the loans originated by its Sponsor, management considered it appropriate to consider the past repayment history of loans originated by the Sponsor and its affiliates in determining the extent to which a CECL Reserve shall be recorded. In addition, the Company reviews each loan on a quarterly basis and evaluates the borrower’s ability to pay the monthly interest and principal, if required, as well as the loan-to-value (LTV) ratio. When evaluating qualitative factors that may indicate the need for a CECL Reserve, the Company forecasts losses considering a variety of factors. In considering the potential current expected credit loss, the Manager primarily considers significant inputs to the Company’s forecasting methods, which include (i) key loan-specific inputs such as the value of the real estate collateral, liens on equity (including the equity in the entity that holds the state-issued license to cultivate, process, distribute, or retail cannabis), presence of personal or corporate guarantees, among other credit enhancements, LTV ratio, rate type (fixed or floating) and IRR, loan-term, geographic location, and expected timing and amount of future loan fundings, (ii) performance against the underwritten business plan and the Company’s internal loan risk rating, and (iii) a macro-economic forecast. Estimating the enterprise value of our borrowers in order to calculate LTV ratios is often a significant estimate. The Manager utilizes a third-party valuation appraiser to assist with the Company’s valuation process primarily using comparable transactions to estimate enterprise value of its portfolio companies and supplement such analysis with a multiple-based approach to enterprise value to revenue multiples of publicly-traded comparable companies obtained from Bloomberg and S&P Capital IQ as of December 31, 2023, to which the Manager may apply a private company discount based on the Company’s current borrower profile. These estimates may change in future periods based on available future macro-economic data and might result in a material change in the Company’s future estimates of expected credit losses for its loan portfolio. During the second half of the year ended December 31, 2023, the Company observed that valuation multiples of publicly traded companies in the industry improved as a result of macro-economic factors. Such factors include, but are not limited to, expectations surrounding interest rate decisions from the Federal Reserve and public announcements about proposed regulatory reform relating to a potential rescheduling of cannabis at the federal level. Management contemplates the impacts of these macro-economic factors during the forecast period when determining enterprise value and ultimately, the CECL reserve. Additionally, the Company placed two loans on non-accrual status through fiscal year 2023, which contributed to the increase in the Company's CECL reserve as of December 31, 2023 compared to December 31, 2022. Estimates may change in future periods based on available future macro-economic data and might result in a material change in the Company’s future estimates of expected credit losses for its loan portfolio. Regarding real estate collateral, the Company generally cannot take the position of mortgagee-in-possession as long as the property is used by a cannabis operator, but it can request that the court appoint a receiver to manage and operate the subject real property until the foreclosure proceedings are completed. Additionally, while the Company cannot foreclose under state Uniform Commercial Code (“UCC”) and take title or sell equity in a licensed cannabis business, a potential purchaser of a delinquent or defaulted loan could. In order to estimate the future expected loan losses relevant to the Company’s portfolio, the Company utilizes historical market loan loss data obtained from a third-party database for commercial real estate loans, which the Company believes is a reasonably comparable and available data set to use as an input for its type of loans. The Company believes this dataset to be representative for future credit losses whilst considering that the cannabis industry is maturing, and consumer adoption, demand for production, and retail capacity are increasing akin to commercial real estate over time. For periods beyond the reasonable and supportable forecast period, the Company immediately reverts back to historical loss data. All of the above assumptions, although made with the most available information at the time of the estimate, are subjective and actual activity may not follow the estimated schedule. These assumptions impact the future balances that the loss rate will be applied to and as such impact the Company’s CECL Reserve. As the Company acquires new loans and the Manager monitors loan and borrower performance, these estimates will be revised each period. Activity related to the CECL Reserve for outstanding balances and unfunded commitments on the Company’s loans held at carrying value and loans receivable at carrying value as of and for the years ended December 31, 2023 and 2022 is presented in the table below.
Outstanding Unfunded Total
Balance at December 31, 2022 $ 3,940,939 $ 94,415 $ 4,035,354
Provision (recovery) for current expected credit losses 1,031,708 ( 91,323 ) 940,385
Balance at December 31, 2023 $ 4,972,647 $ 3,092 $ 4,975,739
Outstanding Unfunded Total
Balance at January 1, 2022 $ 134,542 $ 13,407 $ 147,949
Provision for current expected credit losses 3,806,397 81,008 3,887,405
Balance at December 31, 2022 $ 3,940,939 $ 94,415 $ 4,035,354 The Company has made an accounting policy election to exclude accrued interest receivable from the amortized cost basis of the related loans held for investment in determining the CECL Reserve, as any uncollectible accrued interest receivable is written off in a timely manner. To date, the Company has had zero write-offs related to uncollectible interest receivable, but will discontinue accrual of interest on loans if deemed to be uncollectible, with any previously accrued uncollected interest on the loan charged to interest income in the same period. For the two loans on non-accrual, the Company ceased accruing interest on the first date of delinquency, based on expectation of its ability to collect all amounts then due from the borrower. As a result, there was no accrued interest to write-off when the loan was placed on non-accrual status." id="sjs-B4">3. LOANS HELD FOR INVESTMENT, NET As of December 31, 2023 and 2022, the Company’s portfolio was comprised of loans to 27 and 22 portfolio companies, respectively. The Company’s aggregate loan commitments and outstanding principal were approximately $ 378.8 million and $ 355.7 million , respectively, as of December 31, 2023 and $ 351.4 million and $ 343.0 million as of December 31, 2022. As of December 31, 2023 and 2022, approximately 80.5 % and 83.1 %, respectively, of the Company’s portfolio was comprised of floating rate loans that pay interest at the Prime Rate plus an applicable margin, and were subject to Prime Rate ceilings and floors as discussed in the tables below. The carrying value of these loans was approximately $ 284.5 million and $ 281.6 million as of December 31, 2023 and 2022, respectively. The remaining 19.5 % and 16.9 % of the portfolio was comprised of fixed rate loans that had a carrying value of approximately $ 69.1 million and $ 57.7 million as of December 31, 2023 and 2022, respectively. The following tables summarize the Company’s loans held for investment as of December 31, 2023 and 2022: As of December 31, 2023 Outstanding Principal (1) Original Issue Discount Carrying Weighted Average Remaining Life (Years) (2) Senior Term Loans $ 355,745,305 $ ( 2,104,695 ) $ 353,640,610 2.1 Current expected credit loss reserve - - ( 4,972,647 ) Total loans held at carrying value, net $ 355,745,305 $ ( 2,104,695 ) $ 348,667,963 As of December 31, 2022 Outstanding Principal (1) Original Issue Discount Carrying Weighted Average Remaining Life (Years) (2) Senior Term Loans $ 343,029,334 $ ( 3,755,796 ) $ 339,273,538 2.2 Current expected credit loss reserve - - ( 3,940,939 ) Total loans held at carrying value, net $ 343,029,334 $ ( 3,755,796 ) $ 335,332,599 (1) The difference between the Carrying Value and the Outstanding Principal amount of the loans consists of unaccreted original issue discount, deferred loan fees and other upfront fees. Outstanding principal balance includes capitalized PIK interest, if applicable. (2) Weighted average remaining life is calculated based on the carrying value of the loans as of December 31, 2023 and 2022, respectively. The following tables present changes in loans held at carrying value as of and for the years ended December 31, 2023 and 2022: Principal Original Current Carrying Balance at December 31, 2022 $ 343,029,334 $ ( 3,755,796 ) $ ( 3,940,939 ) $ 335,332,599 New fundings 93,533,516 ( 1,332,340 ) - 92,201,176 Principal repayment of loans ( 76,876,048 ) - - ( 76,876,048 ) Accretion of original issue discount - 2,983,441 - 2,983,441 Sale of loan (2) ( 13,399,712 ) - - ( 13,399,712 ) PIK Interest 9,458,215 - - 9,458,215 Current expected credit loss reserve - - ( 1,031,708 ) ( 1,031,708 ) Balance at December 31, 2023 $ 355,745,305 $ ( 2,104,695 ) $ ( 4,972,647 ) $ 348,667,963 (1) The difference between the Carrying Value and the Outstanding Principal amount of the loans consists of unaccreted original issue discount, deferred loan fees and other upfront fees. Outstanding principal balance includes capitalized paid-in-kind interest (“PIK”), if applicable. (2) One loan was reclassified as held for sale from loans held for investment as the decision was made to sell the loan during the year ended December 31, 2023 to a syndicate of co-lenders which includes a third party and two affiliates under common control with our Manager. The sale was executed on March 31, 2023 (Note 7). Principal Original Issue Current Expected Credit Loss Reserve Carrying Value (1) Balance at January 1, 2022 $ 200,632,056 $ ( 3,647,490 ) $ ( 134,542 ) $ 196,850,024 New fundings 160,163,120 ( 3,243,735 ) - 156,919,385 Principal repayment of loans ( 17,728,730 ) - - ( 17,728,730 ) Accretion of original issue discount - 2,874,706 - 2,874,706 Sale of loans ( 6,957,500 ) 260,723 - ( 6,696,777 ) PIK Interest 6,920,388 - - 6,920,388 Current expected credit loss reserve - - ( 3,806,397 ) ( 3,806,397 ) Balance at December 31, 2022 $ 343,029,334 $ ( 3,755,796 ) $ ( 3,940,939 ) $ 335,332,599 (1) The difference between the Carrying Value and the Outstanding Principal amount of the loans consists of unaccreted original issue discount, deferred loan fees and other upfront fees. Outstanding principal balance includes capitalized PIK interest, if applicable. A more detailed listing of the Company’s loans held at carrying value based on information available as of December 31, 2023, is as follows: Loan (1) Location(s) Initial Maturity Total Principal Original Issue Discount Carrying Percentage Future Interest Rate (4) Periodic YTM 1 Various 10/27/2022 10/30/2026 $ 30,000,000 $ 29,910,000 $ ( 635,656 ) $ 29,274,344 8.3 % - P+6.5% Cash (11) I/O 17.3 % 2 Michigan 1/13/2022 12/31/2024 35,891,667 38,810,119 ( 81,073 ) 38,729,046 11.0 % - P+6.65% Cash, 4.25% PIK (17) P&I 18.0 % 3 (18) Various 3/25/2021 11/29/2024 20,105,628 20,657,606 ( 175,697 ) 20,481,909 5.8 % - P+10.38% Cash, 2.75% PIK (7) P&I 23.5 % 4 Arizona 4/19/2021 2/14/2023 14,240,129 15,396,370 - 15,396,370 4.4 % - P+11.75% PIK (15) I/O 25.9 % 5 Massachusetts 4/19/2021 4/30/2025 3,500,000 3,194,180 - 3,194,180 0.9 % - P+12.25% Cash (7) P&I 22.8 % 6 (19) Michigan 8/20/2021 2/20/2024 6,000,000 4,264,421 ( 535 ) 4,263,886 1.2 % - P+9% Cash (7) P&I 20.8 % 7 Illinois, Arizona 8/24/2021 6/30/2025 25,000,000 20,184,005 ( 128,551 ) 20,055,454 5.7 % - P+6% Cash, 2% PIK (12) P&I 19.5 % 8 West Virginia 9/1/2021 9/1/2024 9,500,000 11,706,059 ( 42,473 ) 11,663,586 3.3 % - P+9.25% Cash, 2% PIK (8) P&I 25.1 % 9 (20) Pennsylvania 9/3/2021 6/30/2024 15,000,000 16,402,488 - 16,402,488 4.6 % - P+10.75% Cash, 3% PIK (7) P&I 16.2 % 11 Maryland 9/30/2021 9/30/2024 32,000,000 33,310,259 ( 267,990 ) 33,042,269 9.3 % - P+8.75% Cash, 2% PIK (7) I/O 22.0 % 12 Various 11/8/2021 10/31/2024 20,000,000 8,710,222 ( 52,406 ) 8,657,816 2.4 % - P+7% Cash (13) P&I 19.5 % 13 Michigan 11/22/2021 11/1/2024 13,600,000 13,392,094 ( 59,248 ) 13,332,846 3.8 % - P+6% Cash, 1.5% PIK (12) I/O 19.5 % 14 Various 12/27/2021 12/27/2026 5,000,000 5,253,125 - 5,253,125 1.5 % - P+12.25% Cash, 2.5% PIK (9) P&I 22.8 % 16 Florida 12/30/2021 12/31/2024 13,000,000 4,437,500 ( 19,058 ) 4,418,442 1.2 % - P+9.25% Cash (7) I/O 36.3 % 17 Florida 1/18/2022 1/31/2025 15,000,000 15,000,000 ( 136,667 ) 14,863,333 4.2 % - P+4.75% Cash (11) P&I 14.8 % 18 Ohio 2/3/2022 2/28/2025 11,662,050 17,155,637 ( 92,206 ) 17,063,431 4.8 % - P+1.75% Cash, 5% PIK (12) P&I 20.4 % 19 Florida 3/11/2022 8/29/2025 20,000,000 20,080,084 ( 48,217 ) 20,031,867 5.7 % - 11% Cash, 3% PIK P&I 15.5 % 20 Missouri 5/9/2022 5/30/2025 17,000,000 17,691,575 ( 78,532 ) 17,613,043 5.0 % - 11% Cash, 2% PIK P&I 14.7 % 21 Illinois 7/1/2022 7/29/2026 9,000,000 5,353,186 ( 56,877 ) 5,296,309 1.5 % - P+8.5% Cash, 3% PIK (9) P&I 25.6 % 23 Arizona 3/27/2023 3/31/2026 2,000,000 1,860,000 ( 37,319 ) 1,822,681 0.5 % - P+7.5% Cash (14) P&I 19.4 % 24 Oregon 3/31/2023 9/27/2026 1,000,000 820,000 - 820,000 0.2 % - P+10.5% Cash (10) P&I 21.7 % 25 New York 8/1/2023 6/29/2036 23,309,588 22,611,938 - 22,611,938 6.4 % - 15% Cash P&I 16.7 % 26 Connecticut 8/31/2023 2/27/2026 5,450,000 5,450,000 ( 118,004 ) 5,331,996 1.5 % - 14% Cash P&I 19.1 % 27 Nebraska 8/15/2023 6/30/2027 13,061,667 13,061,667 - 13,061,667 3.7 % - P+8.75% Cash P&I 19.0 % 28 Ohio 9/13/2023 3/13/2025 2,466,705 2,466,705 - 2,466,705 0.7 % - 15% Cash P&I 17.4 % 29 Illinois 10/11/2023 10/9/2026 1,062,564 1,066,065 - 1,066,065 0.3 % - 11.4% Cash, 1.5% PIK P&I 15.9 % 30 Missouri, Arizona 12/20/2023 12/31/2026 15,000,000 7,500,000 ( 74,186 ) 7,425,814 2.1 % 7,500,000 P+7.75% Cash (16) I/O 18.4 % Subtotal $ 378,849,998 $ 355,745,305 $ ( 2,104,695 ) $ 353,640,610 100 % $ 7,500,000 Wtd Average 19.4 % (1) All loans originated prior to April 1, 2021 were purchased from affiliated entities at fair value plus accrued interest on or subsequent to April 1, 2021. Loan numbering in the table above is maintained from origination for purposes of comparability and may not be sequential due to maturities, payoffs, or refinancings. (2) Certain loans are subject to contractual extension options and may be subject to performance based on other conditions as stipulated in the loan agreement. Actual maturities may differ from contractual maturities stated herein and certain borrowers may have the right to prepay with or without a contractual prepayment penalty. The Company may also extend contractual maturities and amend other terms of the loans in connection with loan modifications. (3) Total Commitment excludes future amounts to be advanced at sole discretion of the lender and reflects receipt of scheduled amortization payments as of December 31, 2023. (4) "P" = prime rate and depicts floating rate loans that pay interest at the prime rate plus a specific percentage; "PIK" = paid-in-kind interest; subtotal represents weighted average interest rate. (5) P&I = principal and interest. I/O = interest only. P&I loans may include interest only periods for a portion of the loan term. (6) Estimated YTM, calculated on a weighted average principal basis, includes a variety of fees and features that affect the total yield, which may include, but is not limited to, OID, exit fees, prepayment fees, unused fees and contingent features. OID is recognized as a discount to the funded loan principal and is accreted to income over the term of the loan. The estimated YTM calculations require management to make estimates and assumptions, including, but not limited to, the timing and amounts of loan draws on delayed draw loans, the timing and collectability of exit fees, the probability and timing of prepayments and the probability of contingent features occurring. For example, certain credit agreements contain provisions pursuant to which certain PIK interest rates and fees earned by us under such credit agreements will decrease upon the satisfaction of certain specified criteria which we believe may improve the risk profile of the applicable borrower. To be conservative, we have not assumed any prepayment penalties or early payoffs in our estimated YTM calculation. Estimated YTM is based on current management estimates and assumptions, which may change. Actual results could differ from those estimates and assumptions. (7) This Loan is subject to a prime rate floor of 3.25 % (8) This Loan is subject to a prime rate floor of 4.00 % (9) This Loan is subject to a prime rate floor of 4.75 % (10) This Loan is subject to a prime rate floor of 5.50 % (11) This Loan is subject to a prime rate floor of 6.25 % (12) This Loan is subject to a prime rate floor of 7.00 % (13) This Loan is subject to a prime rate floor of 7.50 % (14) This Loan is subject to a prime rate floor of 8.00 % (15) This Loan is subject to a prime rate floor of 8.25 % (16) This Loan is subject to a prime rate floor of 8.50 % (17) This Loan is subject to a prime rate cap of 5.85 % (18) The aggregate loan commitment to Loan #3 includes a $ 15.9 million initial commitment which has a base interest rate of 13.625 %, 2.75 % PIK and a second commitment of $ 4.2 million which has an interest rate of 15.00 %, 2.00 % PIK. The statistics presented reflect the weighted average of the terms under all advances for the total aggregate loan commitment. (19) As of December 1, 2023, this loan was placed on non-accrual status. In March 2024, we entered into an amendment to Loan #6, which extended the maturity date to April 15, 2024 . In connection with this amendment, Loan #6 was restored to accrual status (Note 14). (20) As of May 1, 2023, Loan #9 was placed on non-accrual status and continues to be on non-accrual as of December 31, 2023. Loan #9 is included on the consolidated balance sheet as a loan held for investment – related party (Note 7). The following tables present aging analyses of past due loans by amortized cost, excluding the CECL reserve, as of December 31, 2023 and 2022. As of December 31, 2023 and 2022, there was one and zero loans with principal greater than 90 days past due, respectively. As of December 31, 2023 Current 31-60 61-90 90+ Days Total Total Non- Senior Term Loans $ 337,238,122 $ - $ - $ 16,402,488 $ 16,402,488 $ 353,640,610 $ 20,666,374 Total $ 337,238,122 $ - $ - $ 16,402,488 $ 16,402,488 $ 353,640,610 $ 20,666,374 (1) On May 1, 2023, Loan #9 was placed on non-accrual status. On June 20, 2023, the Administrative Agent to Loan #9 issued an acceleration notice requesting immediate payment of all amounts outstanding and therefore is 90 days past due as of December 31, 2023. Loan #9 carries a reserve for current expected credit losses of approximately $ 1.5 million as of December 31, 2023 (Note 7). (2) On December 1, 2023, Loan #6 was placed on non-accrual status. In March 2024, we entered into an amendment to Loan #6, which extended the maturity date to April 15, 2024 . In connection with this amendment, Loan #6 was restored to accrual status (Note 14). As of December 31, 2022 Current 31-60 61-90 90+ Days Total Total Non- Senior Term Loans $ 339,273,538 $ - $ - $ - $ - $ 339,273,538 $ - Total $ 339,273,538 $ - $ - $ - $ - $ 339,273,538 $ - Non-Accrual Loans As of December 31, 2023 and 2022, there were two and zero loans placed on non-accrual status, respectively. Loan #9 was placed on non-accrual status as of May 1, 2023 and has both an outstanding principal balance and carrying value of approximately $ 16.4 million and $ 15.9 million as of December 31, 2023 and 2022, respectively. The Company ceased accruing interest on the first date of delinquency, based on expectation of its ability to collect all amounts then due from the borrower. As a result, there was no accrued interest to write-off when the loan was placed on non-accrual status. Loan #6 was placed on non-accrual status as of December 1, 2023 and has both an outstanding principal balance and carrying value of approximately $ 4.3 million and $ 4.4 million as of December 31, 2023 and 2022, respectively. In March 2024, we entered into an amendment to Loan #6, which extended the maturity date to April 15, 2024 . In connection with this amendment, Loan #6 was restored to accrual status (Note 14). During the year period ended December 31, 2023, the Company recognized $ 2.0 million of interest income on the non-accrual loans and carries a reserve for current expected credit losses of approximately $ 1.6 million on these non-accrual loans as of December 31, 2023. Credit Quality Indicators The Company assesses the risk factors of each loan, and assigns a risk rating based on a variety of factors, including, without limitation, payment history, real estate collateral coverage, property type, geographic and local market dynamics, financial performance, loan to enterprise value and fixed charge coverage ratios, loan structure and exit strategy, and project sponsorship. This review is performed quarterly. Based on a 5-point scale, the Company’s loans are rated “1” through “5,” from less risk to greater risk, which ratings are defined as follows: Rating Definition 1 Very low risk 2 Low risk 3 Moderate/average risk 4 High risk/potential for loss: a loan that has a risk of realizing a principal loss 5 Impaired/loss likely: a loan that has a high risk of realizing principal loss, has incurred principal loss or an impairment has been recorded The risk ratings are primarily based on historical data and current conditions specific to each portfolio company, as well as consideration of future economic conditions and each borrower’s estimated ability to meet debt service requirements. The risk ratings shown in the following table as of December 31, 2023 and 2022 consider borrower specific credit history and performance and reflect a quarterly re-evaluation of overall current macroeconomic conditions affecting the Company’s borrowers. As interest rates have increased due to rising rates from the Federal Reserve Board, it has impacted borrowers’ ability to service their debt obligations on a global scale. This decline in risk ratings had an effect on the level of the current expected credit loss reserve though, other than the two loans placed on non-accrual status, the loans continued to perform as expected. For approximately 70 % of the portfolio, the fair value of the underlying real estate collateral exceeded the amounts outstanding under the loans as of December 31, 2023. The remaining approximately 30 % of the portfolio, while not fully collateralized by real estate, may be partially collateralized by real estate and was secured by other forms of collateral including equipment, receivables, licenses and/or other assets of the borrowers to the extent permitted by applicable laws and regulations governing such borrowers. The amounts above exclude any apportionment of real estate collateral permissible under the applicable income and asset tests for REIT eligibility. As of December 31, 2023 and 2022, the carrying value, excluding the current expected credit loss reserve (the “CECL Reserve”), of the Company’s loans within each risk rating category by year of origination is as follows: Risk As of December 31, 2023(1)(2) As of December 31, 2022(1) Rating 2023 2022 2021 2020 2019 Total 2022 2021 2020 2019 Total 1 $ 820,000 $ 37,644,911 $ - $ - $ - $ 38,464,911 $ - $ 274,406 $ - $ - $ 274,406 2 51,320,161 107,007,422 46,792,941 - - 205,120,524 94,467,449 88,444,868 29,140,546 - 212,052,863 3 2,466,705 5,296,308 58,829,717 - - 66,592,730 30,415,113 83,131,444 - - 113,546,557 4 - - 43,462,445 - - 43,462,445 - 13,399,712 - - 13,399,712 5 - - - - - - - - - - - Total $ 54,606,866 $ 149,948,641 $ 149,085,103 $ - $ - $ 353,640,610 $ 124,882,562 $ 185,250,430 $ 29,140,546 $ - $ 339,273,538 (1) Amounts are presented by loan origination year with subsequent advances shown in the original year of origination. (2) Loans #6 and #9 placed on non-accrual status and are included in risk rating category "3" and “4”, respectively, and carries a reserve for current expected credit losses of approximately $ 1.6 million as of December 31, 2023. Real estate collateral coverage, excluding the CECL Reserve, was as follows as of December 31, 2023 and 2022: As of December 31, 2023 Real Estate Collateral Coverage(1) < 1.0x 1.0x – 1.25x 1.25x – 1.5x 1.50x – 1.75x 1.75x – 2.0x > 2.0x Total Fixed-rate $ 2,466,706 $ - $ 49,041,867 $ 17,613,043 $ - $ - $ 69,121,616 Floating-rate 104,322,083 35,491,887 38,729,046 15,396,370 5,296,308 85,283,300 284,518,994 $ 106,788,789 $ 35,491,887 $ 87,770,913 $ 33,009,413 $ 5,296,308 $ 85,283,300 $ 353,640,610 As of December 31, 2022 Real Estate Collateral Coverage(1) < 1.0x 1.0x – 1.25x 1.25x – 1.5x 1.50x – 1.75x 1.75x – 2.0x > 2.0x Total Fixed-rate $ - $ - $ 20,406,737 $ 17,203,138 $ - $ 20,089,663 $ 57,699,538 Floating-rate 63,963,105 78,211,454 13,399,712 9,980,730 12,849,490 103,169,509 281,574,000 $ 63,963,105 $ 78,211,454 $ 33,806,449 $ 27,183,868 $ 12,849,490 $ 123,259,172 $ 339,273,538 (1) Real estate collateral coverage is calculated based upon most recent third-party appraised values. The Company generally obtains new appraisals of all material real estate collateral at least once annually. Geography concentration of our loans held for investment is also a significant credit quality indicator. As of December 31, 2023 and December 31, 2022, our borrowers have operations in the jurisdictions in the table below: As of December 31, 2023 As of December 31, 2022 Jurisdiction Outstanding (1) Our Loan Jurisdiction Outstanding (1) Our Loan Michigan $ 56,466,635 16 % Michigan $ 58,823,506 17 % Maryland 53,907,352 15 % Maryland 53,394,180 16 % Florida 48,815,066 14 % Florida 51,421,128 15 % Ohio 27,902,362 8 % Ohio 45,116,990 13 % Illinois 25,599,133 7 % Illinois 30,302,490 9 % Missouri 25,191,575 7 % Missouri 17,337,220 5 % Arizona 24,466,609 7 % Arizona 19,266,104 6 % New York 22,611,938 6 % New York — 0 % Pennsylvania 21,674,160 6 % Pennsylvania 34,606,585 10 % Nebraska 13,061,667 4 % Nebraska — 0 % Massachusetts 12,308,310 3 % Massachusetts 15,031,751 4 % West Virginia 11,706,059 3 % West Virginia 11,640,004 3 % Nevada 5,764,439 2 % Nevada 6,089,376 2 % Connecticut 5,450,000 2 % Connecticut — 0 % Oregon 820,000 0 % Oregon — 0 % Total $ 355,745,305 100 % Total $ 343,029,334 100 % (1) The principal balance of the loans not secured by real estate collateral are included in the jurisdiction representing the principal place of business. CECL Reserve The Company records an allowance for current expected credit losses for its loans held for investment. The allowances are deducted from the gross carrying amount of the assets to present the net carrying value of the amounts expected to be collected on such assets. The Company estimates its CECL Reserve using among other inputs, third-party valuations, and a third-party probability-weighted model that considers the likelihood of default and expected loss given default for each individual loan based on the risk profile for approximately three years after which we immediately revert to use of historical loss data. ASC 326 requires an entity to consider historical loss experience, current conditions, and a reasonable and supportable forecast of the macroeconomic environment. The Company considers multiple datapoints and methodologies that may include likelihood of default and expected loss given default for each individual loan, valuations derived from discount cash flows (“DCF”), and other inputs including the risk rating of the loan, how recently the loan was originated compared to the measurement date, and expected prepayment, if applicable. The measurement of expected credit losses under CECL is applicable to financial assets measured at amortized cost, and off-balance sheet credit exposures such as unfunded loan commitments. The Company's methodologies for determining the CECL Reserve are applied on a collective (pool) basis evaluating such pools of loans on the basis of similar risk characteristics as explained below. We make the judgment that loans to cannabis-related borrowers that are fully or partially collateralized by real estate exhibit similar risk characteristics and are evaluated as a pool. Further, loans that have no real estate collateral, but are secured by other forms of collateral, including equity pledges of the borrower, and otherwise have similar characteristics as those collateralized by real estate are evaluated separately. Loans within each pool are analyzed individually, based on the economic terms of the loan including time to maturity, the nature and sufficiency of collateral coverage, geography, and other factors. Contractual loan maturities may extend beyond the forecast horizon for which we are able to derive reasonable and supportable forecasts. Estimating the CECL Reserve also requires significant judgment with respect to various factors, including (i) the appropriate historical loan loss reference data, (ii) the expected timing of loan repayments, (iii) calibration of the likelihood of default to reflect the risk characteristics of the Company’s loan portfolio, and (iv) the Company’s current and future view of the macroeconomic environment. From time to time, the Company may consider loan-specific qualitative factors on certain loans to estimate its CECL Reserve, which may include (i) whether cash from the borrower’s operations is sufficient to cover the debt service requirements currently and into the future, (ii) the ability of the borrower to refinance the loan, and (iii) the liquidation value of collateral. For loans where we have deemed the borrower/sponsor to be experiencing financial difficulty, we may elect to apply a practical expedient, in which the fair value of the underlying collateral is compared to the amortized cost of the loan in determining a CECL Reserve. To estimate the historic loan losses relevant to the Company’s portfolio, the Company evaluates its historical loan performance, which includes zero realized loan losses since the inception of its operations. Additionally, the Company analyzed its repayment history, noting it has limited “true” operating history, since the incorporation date of March 30, 2021. However, the Company’s Sponsor and its affiliates have had operations for the past three fiscal periods and have made investments in similar loans that have similar characteristics including interest rate, collateral coverage, guarantees, and prepayment/make whole provisions, which fall into the pools identified above. Given the similarity of the structuring of the credit agreements for the loans in the Company’s portfolio to the loans originated by its Sponsor, management considered it appropriate to consider the past repayment history of loans originated by the Sponsor and its affiliates in determining the extent to which a CECL Reserve shall be recorded. In addition, the Company reviews each loan on a quarterly basis and evaluates the borrower’s ability to pay the monthly interest and principal, if required, as well as the loan-to-value (LTV) ratio. When evaluating qualitative factors that may indicate the need for a CECL Reserve, the Company forecasts losses considering a variety of factors. In considering the potential current expected credit loss, the Manager primarily considers significant inputs to the Company’s forecasting methods, which include (i) key loan-specific inputs such as the value of the real estate collateral, liens on equity (including the equity in the entity that holds the state-issued license to cultivate, process, distribute, or retail cannabis), presence of personal or corporate guarantees, among other credit enhancements, LTV ratio, rate type (fixed or floating) and IRR, loan-term, geographic location, and expected timing and amount of future loan fundings, (ii) performance against the underwritten business plan and the Company’s internal loan risk rating, and (iii) a macro-economic forecast. Estimating the enterprise value of our borrowers in order to calculate LTV ratios is often a significant estimate. The Manager utilizes a third-party valuation appraiser to assist with the Company’s valuation process primarily using comparable transactions to estimate enterprise value of its portfolio companies and supplement such analysis with a multiple-based approach to enterprise value to revenue multiples of publicly-traded comparable companies obtained from Bloomberg and S&P Capital IQ as of December 31, 2023, to which the Manager may apply a private company discount based on the Company’s current borrower profile. These estimates may change in future periods based on available future macro-economic data and might result in a material change in the Company’s future estimates of expected credit losses for its loan portfolio. During the second half of the year ended December 31, 2023, the Company observed that valuation multiples of publicly traded companies in the industry improved as a result of macro-economic factors. Such factors include, but are not limited to, expectations surrounding interest rate decisions from the Federal Reserve and public announcements about proposed regulatory reform relating to a potential rescheduling of cannabis at the federal level. Management contemplates the impacts of these macro-economic factors during the forecast period when determining enterprise value and ultimately, the CECL reserve. Additionally, the Company placed two loans on non-accrual status through fiscal year 2023, which contributed to the increase in the Company's CECL reserve as of December 31, 2023 compared to December 31, 2022. Estimates may change in future periods based on available future macro-economic data and might result in a material change in the Company’s future estimates of expected credit losses for its loan portfolio. Regarding real estate collateral, the Company generally cannot take the position of mortgagee-in-possession as long as the property is used by a cannabis operator, but it can request that the court appoint a receiver to manage and operate the subject real property until the foreclosure proceedings are completed. Additionally, while the Company cannot foreclose under state Uniform Commercial Code (“UCC”) and take title or sell equity in a licensed cannabis business, a potential purchaser of a delinquent or defaulted loan could. In order to estimate the future expected loan losses relevant to the Company’s portfolio, the Company utilizes historical market loan loss data obtained from a third-party database for commercial real estate loans, which the Company believes is a reasonably comparable and available data set to use as an input for its type of loans. The Company believes this dataset to be representative for future credit losses whilst considering that the cannabis industry is maturing, and consumer adoption, demand for production, and retail capacity are increasing akin to commercial real estate over time. For periods beyond the reasonable and supportable forecast period, the Company immediately reverts back to historical loss data. All of the above assumptions, although made with the most available information at the time of the estimate, are subjective and actual activity may not follow the estimated schedule. These assumptions impact the future balances that the loss rate will be applied to and as such impact the Company’s CECL Reserve. As the Company acquires new loans and the Manager monitors loan and borrower performance, these estimates will be revised each period. Activity related to the CECL Reserve for outstanding balances and unfunded commitments on the Company’s loans held at carrying value and loans receivable at carrying value as of and for the years ended December 31, 2023 and 2022 is presented in the table below. Outstanding Unfunded Total Balance at December 31, 2022 $ 3,940,939 $ 94,415 $ 4,035,354 Provision (recovery) for current expected credit losses 1,031,708 ( 91,323 ) 940,385 Balance at December 31, 2023 $ 4,972,647 $ 3,092 $ 4,975,739 Outstanding Unfunded Total Balance at January 1, 2022 $ 134,542 $ 13,407 $ 147,949 Provision for current expected credit losses 3,806,397 81,008 3,887,405 Balance at December 31, 2022 $ 3,940,939 $ 94,415 $ 4,035,354 The Company has made an accounting policy election to exclude accrued interest receivable from the amortized cost basis of the related loans held for investment in determining the CECL Reserve, as any uncollectible accrued interest receivable is written off in a timely manner. To date, the Company has had zero write-offs related to uncollectible interest receivable, but will discontinue accrual of interest on loans if deemed to be uncollectible, with any previously accrued uncollected interest on the loan charged to interest income in the same period. For the two loans on non-accrual, the Company ceased accruing interest on the first date of delinquency, based on expectation of its ability to collect all amounts then due from the borrower. As a result, there was no accrued interest to write-off when the loan was placed on non-accrual status. |