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Agreements
12 Months Ended
Sep. 30, 2025
Agreements [Abstract]  
Agreements

Note 6. Agreements

 

Administration Agreement

 

In connection with the adoption by the board of directors of an internalized management structure, on November 19, 2020, the Company entered into a Fund Accounting Servicing Agreement and an Administration Servicing Agreement on customary terms with U.S. Bancorp. A U.S. Bancorp affiliate also served as the Company’s custodian. The Company’s administrative and custodial relationship with U.S. Bancorp terminated on August 9, 2022. SS&C has since served as administrator of the Company and has provided the Company with fund accounting and financial reporting services pursuant to the services agreement with the Company. Effective September 12, 2022, Computershare serves as custodian for the Company pursuant to its Loan Administration and Custodial Agreement with the Company. For the years ended September 30, 2025, 2024 and 2023, we incurred $0.4 million, $0.3 million and $0.3 million in administrator expenses, respectively.

 

As of September 30, 2025 and 2024, $0.0 million and $0.0 million, respectively, were included in “administrator expenses payable” in the accompanying Consolidated Statements of Assets and Liabilities.

 

Long-Term Cash Incentive Plan

 

On May 9, 2022, the board of directors of the Company adopted the PhenixFIN 2022 Long-Term Cash Incentive Plan (the “CIP”) pursuant to the recommendation by the Compensation Committee of the board of directors. The CIP provides for performance-based cash awards to key employees of the Company, as approved by the Compensation Committee, based on the achievement of pre-established financial goals for the approved performance period. The performance goals may be expressed as one or a combination of net asset value of the Company, net asset value per share of the Company’s common stock, changes in the market price of shares of the Company’s common stock, individual performance metrics and/or such other goals and objectives the Committee considers relevant in connection with accomplishing the purposes of the CIP.

 

In connection with the approval of the CIP, the Compensation Committee in April 2022, approved awards for the three-year performance period commencing on October 1, 2021 and ending on September 30, 2024 (the “2022 LTIP Plan”). Each participant is eligible to receive an amount of cash equal to a percentage of the target award amount set forth above based on the factors described above. The Compensation Committee, in approving the awards, evaluated each Performance Goal separately.

 

In December 2022, pursuant to the CIP, the Compensation Committee approved awards for Mr. Lorber and Ms. McMillan for the three-year performance period commencing on October 1, 2022 and ending on September 30, 2025 (the “2023 LTIP Plan”). Each participant is eligible to receive an amount of cash equal to a percentage of the target award amount set forth above based on the factors described above. The Compensation Committee, in approving the awards, evaluated each Performance Goal separately.

 

In December 2023, pursuant to the CIP, the Compensation Committee approved awards for Mr. Lorber and Ms. McMillan for the three-year performance period commencing on October 1, 2023 and ending on September 30, 2026 (the “2024 LTIP Plan”). Each participant is eligible to receive an amount of cash equal to a percentage of their target award amount set forth above based on the factors described above. The Compensation Committee, in approving the awards, evaluated each Performance Goal separately.

 

In December 2024, pursuant to the CIP, the Compensation Committee approved awards for Mr. Lorber and Ms. McMillan for the three-year performance period commencing on October 1, 2024 and ending on September 30, 2027 (the “2025 LTIP Plan”). Each participant is eligible to receive an amount of cash equal to a percentage of their target award amount set forth above based on the factors described above. The threshold, target, and maximum performance levels are structured similar to those of the 2022 LTIP Plan. The Compensation Committee, in approving the awards, evaluated each Performance Goal separately.

The Target Performance Award for each executive officer for the 2023 LTIP Plan, the 2024 LTIP Plan, and the 2025 LTIP Plan is set forth in the tables below:

 

Name and Title  2023 LTIP
Dollar Value
of Target
Award
 
David Lorber, Chairman of the Board and Chief Executive Officer  $890,000 
Ellida McMillan, Chief Financial Officer   380,000 

 

Name and Title  2024 LTIP
Dollar Value
of Target
Award
 
David Lorber, Chairman of the Board and Chief Executive Officer  $890,000 
Ellida McMillan, Chief Financial Officer   380,000 

 

Name and Title  2025 LTIP
Dollar Value
of Target
Award
 
David Lorber, Chairman of the Board and Chief Executive Officer  $1,000,000 
Ellida McMillan, Chief Financial Officer   425,000 

 

During the years ended September 30, 2025, September 30, 2024 and September 30, 2023 the Company recorded an expense of $1,425,922, $2,798,437 and $317,000, respectively, for these awards. During the year ended September 30, 2025, the Company paid out $2,002,790 for the 2022 LTIP Plan based on achievement of the Performance Goals. During the year ended September 30, 2024, the Company did not pay out anything for these awards.