UNITY BANCORP INC /NJ/ Commitments Disclosure
10. Commitments and Contingencies
Facility Lease Obligations
The Company operates fifteen branches, four branches are under operating leases, including its headquarters, and eleven branches are owned. The contractual expiration range on the remaining four leases is between the years 2017 and 2018.
The following table summarizes the contractual rent payments expected in future years:
|
(In thousands) |
2016 |
2017 |
2018 |
2019 |
Thereafter |
Total |
||||||||||||
|
Operating lease rental payments |
$ |
691 |
$ |
635 |
$ |
437 |
$ |
- |
$ |
- |
$ |
1,763 | ||||||
Rent expense totaled $732 thousand for 2015 and $718 thousand for 2014. The Company currently accounts for all of its leases as operating leases. In addition, the Company has one lease with a related party. The Company leases its Clinton, New Jersey headquarters from a partnership in which two Board members, Messrs. D. Dallas and R. Dallas are partners. Under the lease for the facility, the Company paid aggregate rental payments of $400 thousand in 2015 and 2014, respectively. Rental payments reflect market rents and the lease reflects terms that are comparable to those which could have been obtained in a lease with an unaffiliated third party. When this lease expired at the end of 2014, it was renewed for another five-year term expiring at the end of 2018. The annual rent is increased each year beginning January 1, 2016 by the increase in the Consumer Price Index (“CPI”) for the New York Metropolitan area (not to exceed 1.5 percent). In March 2016, the Company purchased its headquarters for $4.1 million. This will reduce the operating lease obligations shown above by $355 thousand in the one year or less period and $830 thousand in the one to three years period.
Litigation
The Company may, in the ordinary course of business, become a party to litigation involving collection matters, contract claims and other legal proceedings relating to the conduct of its business. In the best judgment of management, based upon consultation with counsel, the consolidated financial position and results of operations of the Company will not be affected materially by the final outcome of any pending legal proceedings or other contingent liabilities and commitments.
Commitments to Borrowers
Commitments to extend credit are legally binding loan commitments with set expiration dates. They are intended to be disbursed, subject to certain conditions, upon the request of the borrower. The Company was committed to advance approximately $138.3 million to its borrowers as of December 31, 2015, compared to $150.9 million at December 31, 2014. At December 31, 2015, $51.3 million of these commitments expire within one year, compared to $74.1 million a year earlier. At December 31, 2015, the Company had $1.8 million in standby letters of credit compared to $1.5 million at December 31, 2014. The estimated fair value of these guarantees is not significant. The Company believes it has the necessary liquidity to honor all commitments.
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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.