v3.26.1
Commitments and Contingencies
3 Months Ended
Mar. 31, 2026
Commitments and Contingencies  
Commitments and Contingencies

14.

Commitments and Contingencies

At March 31, 2026, we had commitments as follows (in thousands):

Total

Investment

2026

Commitment

Remaining

Commitment

Funding

Funded

Commitment

Triple-Net Portfolio

$

2,919

(1)

$

$

2,239

$

680

SHOP

9,545

1,493

1,493

8,052

Subtotal: owned real properties (Note 3. Owned Real Property Investments)

12,464

1,493

3,732

8,732

Financing receivables (Note 4. Financing Receivables)

2,250

315

1,979

271

Accrued incentives and earn-out liabilities

3,000

(2)

3,000

Mortgage loans (Note 5. Mortgage Loan Receivables)

67,770

(3)

7,553

33,081

34,689

Notes receivable (Note 7. Notes Receivable)

560

(4)

25

535

Total

$

86,044

$

9,361

$

38,817

$

47,227

(1)Represents commitments to purchase land and improvements, if applicable, and to develop, re-develop, renovate or expand seniors housing and skilled nursing properties.

(2)Includes an earn-out payment of up to $3,000 to an operator under a master lease on four SNFs in Texas which were acquired during 2022. The master lease allows either an earn-out payment up to $3,000 or a purchase option. The earn-out payment is available, contingent on achieving certain thresholds per the lease, beginning in April 2024 through March 2027. If neither option is elected within the timeframe defined in the lease, both elections are terminated. For more information regarding the purchase option see Note 3. Owned Real Properties.

(3)Represents $45,620 related to two construction loans, $19,950 of contingent commitments available upon the borrower achieving certain coverage ratios, and $2,200 of other commitments.

(4)Represents working capital loan commitments.

Additionally, some of our lease agreements provide purchase options allowing the lessee to purchase the properties they currently lease from us. See Note 3. Owned Real Properties for a table summarizing information about our purchase options.

We are a party from time to time to various general and professional liability claims and lawsuits asserted against the lessees or borrowers of our properties, which in our opinion are not singularly or in the aggregate material to our results of operations or financial condition. These types of claims and lawsuits may include matters involving general or professional liability, which we believe under applicable legal principles are not our responsibility as a non-possessory landlord or mortgage holder. We believe that these matters are the responsibility of our lessees and borrowers pursuant to general legal principles and pursuant to insurance and indemnification provisions in the applicable leases or mortgages. We intend to continue to vigorously defend such claims.