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SBA-GUARANTEED DEBENTURES
9 Months Ended
Sep. 30, 2022
SBA-GUARANTEED DEBENTURES  
SBA-GUARANTEED DEBENTURES

NOTE 10 — SBA-GUARANTEED DEBENTURES

Due to the SBIC subsidiaries’ status as licensed SBICs, the Company has the ability to issue debentures guaranteed by the SBA at favorable interest rates. Under the regulations applicable to SBIC funds, a single licensee can have outstanding debentures guaranteed by the SBA subject to a regulatory leverage limit, up to two times the amount of “regulatory capital”, as such term is defined by the SBA. As of both September 30, 2022 and December 31, 2021, the SBIC subsidiary had $75,000,000 in regulatory capital, as such term is defined by the SBA, and $150,000,000 of SBA-guaranteed debentures outstanding.

As of September 30, 2022, and December 31, 2021, the SBIC II subsidiary had $87,500,000 both in regulatory capital, as such term is defined by the SBA and $156,000,000 and $100,000,000 of SBA-guaranteed debentures outstanding, respectively.

On August 12, 2014, the Company obtained exemptive relief from the SEC to permit it to exclude the debt of the SBIC subsidiaries guaranteed by the SBA from its asset coverage test under the 1940 Act. The exemptive relief provides the Company with increased

flexibility under the asset coverage test by permitting it to borrow up to $325,000,000 more than it would otherwise be able to absent the receipt of this exemptive relief.

On a stand-alone basis, the SBIC subsidiaries held $463,857,626 and $403,333,676 in assets at September 30, 2022 and December 31, 2021, respectively, which accounted for approximately 52.2% and 49.1% of the Company’s total consolidated assets, respectively.

Debentures guaranteed by the SBA have fixed interest rates that equal prevailing 10-year U.S. Treasury Note rates plus a market spread and have a maturity of ten years with interest payable semi-annually. The principal amount of the debentures is not required to be paid before maturity, but may be pre-paid at any time with no prepayment penalty. SBA-guaranteed debentures drawn before October 1, 2019 incur upfront fees of 3.425%, which consists of a 1.00% commitment fee and a 2.425% issuance discount, which are amortized over the life of the SBA-guaranteed debentures. SBA-guaranteed debentures drawn after October 1, 2019 incur upfront fees of 3.435%, which consists of a 1.00% commitment fee and a 2.435% issuance discount, which are amortized over the life of the SBA-guaranteed debentures. Once pooled, which occurs in March and September of each applicable year, the SBA-guaranteed debentures bear interest at a fixed rate that is set to the current 10-year treasury rate plus a spread at each pooling date.

The following table summarizes the SBIC subsidiaries’ aggregate SBA-guaranteed debentures as of September 30, 2022:

Issuance Date

    

Licensee

    

Maturity Date

    

Debenture Amount

    

Interest Rate

    

SBA Annual Charge

 

October 14, 2014

SBIC I

March 1, 2025

$

6,500,000

 

2.52

%  

0.36

%

October 17, 2014

SBIC I

March 1, 2025

 

6,500,000

 

2.52

%  

0.36

%

December 24, 2014

SBIC I

March 1, 2025

 

3,250,000

 

2.52

%  

0.36

%

June 29, 2015

SBIC I

September 1, 2025

 

9,750,000

 

2.83

%  

0.36

%

October 22, 2015

SBIC I

March 1, 2026

 

6,500,000

 

2.51

%  

0.36

%

October 22, 2015

SBIC I

March 1, 2026

 

1,500,000

 

2.51

%  

0.74

%

November 10, 2015

SBIC I

March 1, 2026

 

8,800,000

 

2.51

%  

0.74

%

November 18, 2015

SBIC I

March 1, 2026

 

1,500,000

 

2.51

%  

0.74

%

November 25, 2015

SBIC I

March 1, 2026

 

8,800,000

 

2.51

%  

0.74

%

December 16, 2015

SBIC I

March 1, 2026

 

2,200,000

 

2.51

%  

0.74

%

December 29, 2015

SBIC I

March 1, 2026

 

9,700,000

 

2.51

%  

0.74

%

November 28, 2017

SBIC I

March 1, 2028

 

25,000,000

 

3.19

%  

0.22

%

April 27, 2018

SBIC I

September 1, 2028

 

40,000,000

 

3.55

%  

0.22

%

July 30, 2018

SBIC I

September 1, 2028

 

17,500,000

 

3.55

%  

0.22

%

September 25, 2018

SBIC I

March 1, 2029

 

2,500,000

 

3.11

%  

0.22

%

Total SBIC I SBA-guaranteed Debentures

  

$

150,000,000

 

  

 

  

Issuance Date

    

Licensee

    

Maturity Date

    

Debenture Amount

    

Interest Rate

    

SBA Annual Charge

 

October 17, 2019

 

SBIC II

March 1, 2030

$

6,000,000

 

2.08

%  

0.09

%

November 15, 2019

 

SBIC II

March 1, 2030

 

5,000,000

 

2.08

%  

0.09

%

December 17, 2020

 

SBIC II

March 1, 2031

 

9,000,000

 

1.67

%  

0.09

%

December 17, 2020

 

SBIC II

March 1, 2031

 

6,500,000

 

1.67

%  

0.27

%

February 16, 2021

 

SBIC II

March 1, 2031

 

13,500,000

 

1.67

%  

0.27

%

February 26, 2021

 

SBIC II

March 1, 2031

 

10,000,000

 

1.67

%  

0.27

%

March 2, 2021

 

SBIC II

March 1, 2031

 

10,000,000

 

1.67

%  

0.27

%

April 21, 2021

 

SBIC II

September 1, 2031

 

10,000,000

 

1.30

%  

0.27

%

May 14, 2021

 

SBIC II

September 1, 2031

 

6,700,000

 

1.30

%  

0.27

%

May 28, 2021

 

SBIC II

September 1, 2031

 

7,300,000

 

1.30

%  

0.27

%

July 23, 2021

 

SBIC II

September 1, 2031

 

16,000,000

 

1.30

%  

0.27

%

February 25, 2022

SBIC II

March 1, 2032

10,000,000

2.94

%  

0.27

%

March 29, 2022

SBIC II

September 1, 2032

10,000,000

4.26

%  

0.27

%

April 1, 2022

SBIC II

September 1, 2032

6,670,000

4.26

%  

0.27

%

April 12, 2022

SBIC II

September 1, 2032

6,665,000

4.26

%  

0.27

%

April 21, 2022

SBIC II

September 1, 2032

6,665,000

4.26

%  

0.27

%

June 30, 2022

SBIC II

September 1, 2032

3,600,000

4.26

%  

0.27

%

July 28, 2022

SBIC II

September 1, 2032

6,400,000

4.26

%  

0.27

%

September 9, 2022

SBIC II

March 1, 2033

6,000,000

4.07

%(1)

0.27

%

Total SBIC II SBA-guaranteed Debentures

  

$

156,000,000

 

  

 

  

Total SBA-guaranteed debentures

  

$

306,000,000

 

  

 

  

(1)Interest rate of the SBA-guaranteed debentures will be set as determined by the SBA when pooled on March 22, 2023.

As of September 30, 2022 and December 31, 2021, the carrying amount of the SBA-guaranteed debentures approximated their fair value. The fair values of the SBA-guaranteed debentures are determined in accordance with ASC 820, which defines fair value in terms of the price that would be paid to transfer a liability in an orderly transaction between market participants at the measurement date under current market conditions. The fair value of the SBA-guaranteed debentures are estimated based upon market interest rates for our own borrowings or entities with similar credit risk, adjusted for nonperformance risk, if any. At September 30, 2022 and December 31, 2021, the SBA-guaranteed debentures would be deemed to be Level 3, as defined in Note 6.

As of September 30, 2022, the Company has incurred $10,686,100 in financing costs related to the SBA-guaranteed debentures since receiving its licenses, which were recorded as prepaid loan fees. As of September 30, 2022 and December 31, 2021, $5,842,403 and $5,384,097 of prepaid financing costs had yet to be amortized, respectively. These prepaid loan fees are presented on the Consolidated Statements of Assets and Liabilities as a deduction from the debt liability.

The following is a summary of the SBA-guaranteed debentures, net of prepaid loan fees:

    

September 30, 

    

December 31, 

2022

2021

SBA debentures payable

$

306,000,000

$

250,000,000

Prepaid loan fees

(5,842,403)

(5,384,097)

SBA Debentures, net of prepaid loan fees

$

300,157,597

$

244,615,903

The following table summarizes the interest expense and amortized fees on the SBA-guaranteed debentures for the three and nine months ended September 30, 2022 and 2021:

    

For the three months ended

For the nine months ended

September 30, 

September 30, 

September 30, 

September 30, 

2022

2021

2022

2021

Interest expense

$

2,076,751

$

1,661,946

$

5,743,011

$

4,644,014

Debenture fee amortization

 

316,274

 

299,373

 

905,294

 

801,258

 

Total interest and financing expenses

$

2,393,025

$

1,961,319

$

6,648,305

$

5,445,272

Weighted average interest rate

 

2.8

%  

 

2.7

%  

 

2.7

%  

 

2.8

%  

Effective interest rate (including fee amortization)

 

3.2

%  

 

3.2

%  

 

3.2

%  

 

3.3

%  

Average debt outstanding

$

299,556,522

$

246,173,913

$

280,681,996

$

220,354,579

Cash paid for interest

$

3,955,224

$

3,201,057

$

7,360,295

$

5,907,676