Atlanticus Holdings Corp Commitments Disclosure

12.	Commitments and Contingencies

 

General

 

Under finance products available in the private label credit and general purpose credit card channels, consumers have the ability to borrow up to the maximum credit limit assigned to each individual’s account. Unfunded commitments under these products aggregated $6.9 billion at December 31, 2025. We have never experienced a situation in which all borrowers have exercised their entire available lines of credit at any given point in time, nor do we anticipate this will ever occur in the future. Moreover, there would be a concurrent increase in assets should there be any exercise of these lines of credit.

 

Additionally, our CAR operations provide floor-plan financing for a pre-qualified network of independent automotive dealers and automotive finance companies in the buy-here, pay-here used car business. The floor plan financing allows dealers and finance companies to borrow up to the maximum pre-approved credit limit allowed in order to finance ongoing inventory needs. These loans are secured by the underlying auto inventory and, in certain cases where we have other lending products outstanding with the dealer, are secured by the collateral under those lending arrangements as well, including any outstanding dealer reserves. As of December 31, 2025, CAR had unfunded outstanding floor-plan financing commitments totaling $11.2 million. Each draw against unused commitments is reviewed for conformity to pre-established guidelines and is not unconditional.

 

Under agreements with third-party originating and other financial institutions, we have pledged security (collateral) related to their issuance of consumer credit and purchases thereunder, of which $31.8 million remains pledged as of December 31, 2025 to support various ongoing contractual obligations.

 

Under agreements with third-party originating and other financial institutions, we have agreed to indemnify the financial institutions for certain liabilities associated with the services we provide on behalf of the financial institutions—such indemnification obligations generally being limited to instances in which we either (a) have been afforded the opportunity to defend against any potentially indemnifiable claims or (b) have reached agreement with the financial institutions regarding settlement of potentially indemnifiable claims. As of December 31, 2025, we have assessed the likelihood of any potential payments related to the aforementioned contingencies as remote. We would accrue liabilities related to these contingencies in any future period when we assess the likelihood of an estimable payment as probable.

 

Under the account terms, consumers have the option of enrolling with our issuing bank partners in a credit protection program, which would make the minimum payments owed on their accounts for a period of up to six months upon the occurrence of an eligible event. Eligible events typically include loss of life, job loss, disability, or hospitalization. As an acquirer of receivables, our potential exposure under this program, if all eligible participants applied for this benefit, was $216.2 million as of December 31, 2025. We have never experienced a situation in which all eligible participants have applied for this benefit at any given point in time, nor do we anticipate this will ever occur in the future. We include our estimate of future claims under this program within our fair value analysis of the associated receivables.

 

Concentrations

 

We acquire all of our fair value receivables under agreements with three third-party originating institutions.

 

Our top five retail partnerships accounted for 85% of our private label credit receivables outstanding as of December 31, 2025. The volume of receivables purchased each period varies based on a number of factors, including seasonal consumer purchase patterns, growth (or contraction) within retail locations and consumer application volumes that retail partners may direct to our bank partners versus competitors that offer similar financing products. During the years ended December 31, 2025 and 2024, we had receivable purchases from our top five retail partners of the following (in millions):

 

 

			Gross Purchases for the Year Ended December 31,
Largest Retail Partners			2025				2024
1			$	977.8			$	605.3
2			$	152.1			$	170.3
3			$	77.3			$	89.8
4			$	75.9			$	73.9
5			$	60.9			$	45.3

 

Our general purpose credit card and private label credit receivables base is spread across individual consumers in the U.S. As of December 31, 2025, only one state (Texas) had receivables concentration in excess of 10% of our total pool of receivables.

 

Litigation

 

We are involved in various legal proceedings that are incidental to the conduct of our business. There are currently no pending legal proceedings that are expected to be material to us.