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Commitments and Contingencies
3 Months Ended
Mar. 31, 2023
Commitments and Contingencies Disclosure [Abstract]  
COMMITMENTS AND CONTINGENCIES

8. COMMITMENTS AND CONTINGENCIES

 

Off-Balance Sheet Arrangements

 

Off-balance sheet commitments may consist of unfunded commitments on delayed draw term loans. The Company does not have any relationships with unconsolidated entities or financial partnerships, such as entities often referred to as structured investment vehicles, special purpose entities, or variable interest entities, established to facilitate off-balance sheet arrangements or other contractually narrow or limited purposes. Further, the Company has not guaranteed any obligations of unconsolidated entities or entered into any commitment to provide additional funding to any such entities. As of March 31, 2023 and December 31, 2022, the Company had the following unfunded commitments on existing loans.

 

   As of
March 31,
2023
   As of
December 31,
2022
 
         
Total original loan commitments  $327,954,423   $351,367,706 
Less: drawn commitments   (313,720,423)   (336,323,706)
Total undrawn commitments  $14,234,000   $15,044,000 

  

Refer to “Note 3 – Loans Held for Investment, Net” for further information regarding the CECL Reserve attributed to unfunded commitments.

 

The following table summarizes our material commitments as of March 31, 2023:

 

Commitments due by period
   Total   2023   2024   2025   2026   2027   Thereafter 
Undrawn commitments  $14,234,000   $2,400,000   $7,000,000   $834,000   $4,000,000   $
      -
   $
      -
 
Revolving loan   37,500,000    
-
    37,500,000    
-
    
-
    
-
    
-
 
Total  $51,734,000   $2,400,000   $44,500,000   $834,000   $4,000,000   $
-
   $
-
 

 

Other Contingencies

 

The Company from time to time may be a party to litigation in the normal course of business. As of March 31, 2023, the Company is not aware of any legal claims that could materially impact its business, financial condition, or results of operations.

 

The Company’s ability to grow or maintain its business depends, in part, on state laws pertaining to the cannabis industry. New laws that are adverse to the Company’s portfolio companies may be enacted, and current favorable state or national laws or enforcement guidelines relating to cultivation, production, and distribution of cannabis may be modified or eliminated in the future, which would impede the Company’s ability to grow and could materially and adversely affect its business.

 

Management’s plan to mitigate risks include monitoring the legal landscape as deemed appropriate. Also, should a loan default or otherwise be seized, the Company may be prohibited from owning cannabis assets and thus could not take possession of collateral, in which case the Company would look to sell the loan, provide consent to allow the borrower to sell the real estate to a third party, institute a foreclosure proceeding to have the real estate sold or evict the tenant, have the cannabis operations removed from the property and take title to the underlying real estate, each of which may result in the Company realizing a loss on the transaction.