v3.26.1
Commitments and Contingencies
6 Months Ended
Jun. 30, 2026
Commitments and Contingencies  
Commitments and Contingencies

14.

Commitments and Contingencies

At June 30, 2026, we had commitments as follows (in thousands):

Total

Investment

2026

Commitment

Remaining

Commitment

Funding

Funded

Commitment

Owned real properties-Triple-Net Portfolio (Note 3. Owned Real Properties)

$

1,104

(1)

$

230

$

497

$

607

Financing receivables (Note 4. Financing Receivables)

2,250

373

2,038

212

Accrued incentives and earn-out liabilities

3,000

(2)

3,000

Mortgage loans (Note 5. Mortgage Loans Receivable)

68,765

(3)

10,313

35,841

32,924

Notes receivable (Note 7. Notes Receivable)

370

(4)

25

345

Total

$

75,489

$

10,916

$

38,401

$

37,088

(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)Represents an earn-out payment up to $3,000 to an operator under a master lease on four SNFs in Texas. 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)Includes $45,620 related to two construction loans, $19,250 of contingent commitments available upon the borrower achieving certain coverage ratios, and $3,895 of other commitments.

(4)Represents working capital loan commitments.

Additionally, we expect to invest capital related to our SHOP segment to improve and maintain our properties. 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 and Note 4. Financing Receivables for additional 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.