17. COMMITMENTS AND CONTINGENCIES
Legal Proceedings
In the ordinary course of business, the Company is subject to legal actions that involve claims for monetary relief. See Note 24 for additional information.
Financial Instruments With Off-Balance Sheet Risk
In the ordinary course of business, the Company is a party to financial instruments with off-balance sheet risk, primarily to meet the financing needs of its Clients. To varying degrees, these financial instruments involve elements of credit risk that are not recognized in the Consolidated Statements of Financial Condition.
Exposure to loss for commitments to extend credit and standby letters of credit written is represented by the contractual amount of those instruments. The Company generally requires collateral to support such financial instruments in excess of the contractual amount of those instruments and use the same credit policies in making commitments as it does for on-balance sheet instruments.
The following represents a summary of off-balance sheet financial instruments at year-end:
| | | | | | | | | | | |
| | December 31, |
| (Dollars in thousands) | 2025 | | 2024 |
| Financial instruments with contract amounts which represent potential credit risk: | | | |
| Commercial and industrial loan commitments | $ | 1,896,249 | | | $ | 1,841,169 | |
| Owner-occupied commercial loan commitments | 47,775 | | | 54,162 | |
| Commercial mortgages loan commitments | 113,420 | | | 132,276 | |
| Construction loan commitments | 731,235 | | | 626,847 | |
| Commercial standby letters of credit | 93,793 | | | 101,448 | |
Residential loan commitments(1) | 9,162 | | | 12,751 | |
Consumer loan commitments(2) | 1,604,431 | | | 1,476,847 | |
| Total | $ | 4,496,065 | | | $ | 4,245,500 | |
(1)Not reflected in the table above are commitments to sell residential loans of $29.7 million and $18.2 million at December 31, 2025 and 2024, respectively.
(2)Consumer loan commitments of $1.1 billion and $1.0 billion were secured by real estate at December 31, 2025 and 2024, respectively..
Commitments provide for financing on predetermined terms as long as the client continues to meet specific criteria. Commitments generally have fixed expiration dates or other termination clauses and may require payment of a fee. Since many of the commitments are expected to expire without being completely drawn upon, the total commitment amounts do not necessarily represent future cash requirements. Standby letters of credit are conditional commitments issued to guarantee the performance of a client to a third party. The Company evaluates each client’s creditworthiness and obtain collateral based on its credit evaluation of the counterparty.
Secondary Market Loan Sales
The Company sells certain newly originated residential loans in the secondary market to mortgage loan aggregators and on a more limited basis, to GSEs, such as FHLMC, FNMA, and the FHLB. Loans held for sale are reflected on the Consolidated Statements of Financial Condition at their fair value with changes in the value reflected in the Consolidated Statements of Income. Gains and losses are recognized at the time of sale. The Company periodically retains the servicing rights on residential loans sold which results in monthly service fee income. The mortgage servicing rights are included in Intangible assets in the Consolidated Statements of Financial Condition. Otherwise, the Company sells loans with servicing released on a nonrecourse basis. Rate-locked loan commitments that the Company intends to sell in the secondary market are accounted for as derivatives under ASC 815, Derivatives and Hedging (ASC 815).
The Company does not sell loans with recourse, except for standard loan sale contract provisions covering violations of representations and warranties and, under certain circumstances, early payment default by the borrower. These are customary repurchase provisions in the secondary market for residential loan sales. These provisions may include either an indemnification from loss or the repurchase of loans. Repurchases and losses have been rare and no provision is made for losses at the time of sale. There were three repurchases for $0.8 million during the year ended December 31, 2025 and three repurchases for $0.7 million during the same period in 2024.
Unfunded Lending Commitments
At December 31, 2025 and December 31, 2024, the allowance for credit losses of unfunded lending commitments was $12.3 million and $12.5 million, respectively. A provision release for unfunded lending commitments of $0.2 million was recognized during the year ended December 31, 2025, compared to provision expenses for unfunded lending commitments of $0.4 million and $0.2 million during years ended December 31, 2024 and December 31, 2023, respectively.