Avidbank Holdings, Inc. Commitments Disclosure
12. COMMITMENTS AND CONTINGENCIES
Financial Instruments With Off-Balance-Sheet Risk
Some financial instruments, such as loan commitments, credit lines, letters of credit, and overdraft protection, are issued to meet customer financing needs. These are agreements to provide credit or to support the credit of others, as long as conditions established in the contract are met, and usually have expiration dates. Commitments may expire without being used. Off-balance sheet risk to credit loss exists up to the face amount of these instruments, although material losses are not anticipated. The same credit policies are used to make such commitments as are used for loans, including obtaining collateral at exercise of the commitment. We manage our liquidity position to make sure we have adequate liquidity and funding if there are significant draws on our unfunded commitments.
The Company has some commitments that are unconditionally cancellable at its discretion, and these amounts are not included in the totals below. The contractual amounts of financial instruments with off-balance sheet credit risk at December 31, 2025 and 2024 were as follows (in thousands):
| December 31, | ||||||||||||||||
| 2025 | 2024 | |||||||||||||||
| Fixed Rate | Variable Rate | Fixed Rate | Variable Rate | |||||||||||||
| Commitments to extend credit | $ | 37,731 | $ | 650,384 | $ | 39,225 | $ | 677,470 | ||||||||
| Standby letters of credit | 174 | 18,994 | 2,190 | 15,853 | ||||||||||||
Commitments to extend credit consist primarily of unfunded single-family residential and commercial real estate, construction loans and commercial revolving lines of credit. Construction loans are established under standard underwriting guidelines and policies and are secured by deeds of trust, with disbursements made over the course of construction. Commercial revolving lines of credit have a high degree of industry diversification. Commitments to make loans are generally made for periods of 10 years or less. The fixed rate loan commitments have interest rates ranging from 3.50% to 15.00% and maturities ranging primarily from 1 year to 23 years.
Standby letters of credit are generally secured and are issued by the Bank to guarantee the performance of a customer to a third party. The credit risk involved in issuing standby letters of credit is essentially the same as that involved in extending loans to customers. The unamortized fees received for issuing the letters of credit were $152 thousand and $0 at December 31, 2025 and 2024, respectively. The Company recognizes these fees as revenue over the term of the commitment or when the commitment is used.
Significant Concentrations of Credit Risk
The Company grants real estate mortgage, real estate construction, commercial and consumer loans primarily to customers in the California counties of San Mateo, San Francisco and Santa Clara. Although the Company has a diversified loan portfolio, a substantial portion of its portfolio is secured by commercial and residential real estate. Management believes the loans within this concentration have no more than the normal risk of collectability. However, a substantial decline in real estate values in the Company's primary market area could have an adverse impact on the collectability of these loans. Personal and business income represent the primary sources of repayment for a majority of these loans, and management believes the risks presented by the concentration are further mitigated by diversification of property types within the Company's real estate portfolio and by conservative underwriting.
At December 31, 2025 and 2024, in management's judgment, a concentration of loans existed in construction and commercial real estate related loans. At December 31, 2025, approximately 49% of the Company's loans were construction and commercial real estate related, representing 9% and 40% of total outstanding loans, respectively. At December 31, 2024, approximately 54% of the Company's loans were construction and real estate related, representing 13% and 41% of total outstanding loans, respectively.
Contingencies
The Company and the Bank are routinely involved in legal actions and claims, which arise in the ordinary course of business. The outcome of these matters and the timing of ultimate resolution is inherently difficult to predict. We do not believe that any currently pending proceedings will have a material adverse effect on our business, financial condition or results of operation.
In accordance with Accounting Standards Codification Topic 450, the Company establishes accruals for contingencies, including any litigation, regulatory, or tax matters (but excluding standard business-related legal fees), when the Company believes it is probable that a loss has been incurred and the amount of the loss can be reasonably estimated. We evaluate our outstanding legal and regulatory proceedings and other matters each quarter to assess our loss contingency accruals and make adjustments in such accruals, upward or downward, as appropriate, in light of additional information and based on management’s best judgment. For claims and legal actions where it is not reasonably possible that a loss may be incurred, or where we are not currently able to estimate the reasonably possible loss or range of loss, we do not establish an accrual. As of December 31, 2025, the Company did not record an accrued contingent liability. However, a loss is possible in future quarters, but not probable and reasonably estimable, due to a lawsuit threatened against the Bank in connection with a wire sent by the Bank on behalf of a client whose email was fraudulently compromised.
About Commitments Disclosures
Commitments and contingencies disclosures catalog a company's off-balance-sheet obligations and legal exposures — purchase commitments, guarantee arrangements, pending litigation, and regulatory proceedings. These items represent potential future cash outflows that may not appear as liabilities on the balance sheet until they become probable and estimable.
Key signals: litigation reserves and disclosed loss ranges quantify management's estimate of legal exposure, but unquantified "reasonably possible" losses often represent the larger risk. Watch for changes in language around pending cases — shifts from "remote" to "reasonably possible" or increases in estimated loss ranges signal deteriorating outcomes. Unconditional purchase obligations and take-or-pay contracts create fixed cost structures that reduce operational flexibility. Guarantee arrangements for subsidiaries or joint ventures can create cascading obligations. Compare the total commitment schedule against projected free cash flow to assess whether the company can meet its obligations without additional financing.