Commitments and Contingencies

6 Months Ended

Jun. 30, 2020

Commitments and Contingencies Disclosure [Abstract]

Operating Leases - Lessors

As a lessor, the Company will receive lease revenue from the Lessees under its lease contracts. The lease contracts contain a specific base rent amount or a percentage rent amount, which is calculated based on a percentage of room revenues, food and beverage revenues, and other revenues at the hotel properties. The lease contracts will expire in 2021 (one hotel), 2022 (24 hotels) and thereafter (one hotel).

As a result of the COVID-19 pandemic, the Lessees negotiated for and were granted an abatement on base rent of $17.5 million for the three months ended June 30, 2020. The Company accounted for the rent abatement as negative variable lease revenue during the three months ended June 30, 2020. Additionally, during the three months ended June 30, 2020, the Company recorded a reversal of revenue related to percentage rent recorded during the three months ended March 31, 2020 as estimated percentage rent due was revised pursuant to updated percentage rent calculations for the full year ended December 31, 2020. The Company owes the Lessees $2.9 million for reimbursement of rent as of June 30, 2020, which is included in related party rent payable on the consolidated balance sheet.

The lease revenue recognized during the three and six months ended June 30, 2020 and 2019 consisted of the following:


	For the three months ended June 30,						For the six months ended June 30,
	2020		2019		2020		2019
Lease revenue relating to lease payments (1)	$	364	$	14,653	$	18,203	$	29,306
Lease revenue relating to percentage rent lease payments	(5,546)		41,568		2,233		76,836
Total related party lease revenue	$	(5,182)	$	56,221	$	20,436	$	106,142

(1) Reflects the impact of base rent abatement of $17.5 million for the three months ended June 30, 2020.

The future lease payments to the Company under the noncancelable operating leases were as follows (in thousands):


	June 30, 2020
2020	$	34,950
2021	54,478
2022	51,750
2023	—
2024	—
Thereafter	—
Total	$	141,178

Restricted Cash Reserves

The Company is obligated to maintain cash reserve funds for future capital expenditures at the hotels (including the periodic replacement or refurbishment of furniture, fixtures and equipment ("FF&E")) as determined pursuant to the management agreements, franchise agreements and/or mortgage loan documents. The management agreements, franchise agreements and/or mortgage loan documents require the Company to reserve cash ranging typically from 4.0% to 5.0% of the individual hotel’s revenues and maintain the reserves in restricted cash reserve escrows. Any unexpended amounts will remain the property of the Company upon termination of the management agreements, franchise agreements or mortgage loan documents. As of June 30, 2020 and December 31, 2019, approximately $6.3 million and $4.1 million, respectively, was available in the restricted cash reserves for future capital expenditures, real estate taxes and insurance.

Litigation

Other than the legal proceeding mentioned below, neither the Company nor any of its subsidiaries is currently involved in any regulatory or legal proceedings that management believes will have a material and adverse effect on the Company's financial position, results of operations or cash flows.

Prior to the Mergers, an affiliate of InterContinental Hotels Group PLC ("IHG"), which previously managed three of the Company’s hotels, notified the Company that National Retirement Fund had assessed an employee withdrawal liability of $8.3 million, with required quarterly payments including interest, in connection with the termination of IHG’s management of those hotels. The Company’s management agreements with IHG stated that it may be obligated to indemnify and hold IHG harmless for some or all of any amount ultimately paid to National Retirement Fund with respect to the claim. The Company plans to vigorously defend the underlying claims and, if appropriate, IHG’s demand for indemnification.