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New Valley LLC
9 Months Ended
Sep. 30, 2022
Real Estate [Abstract]  
New Valley LLC NEW VALLEY LLC
Investments in real estate ventures:

The components of “Investments in real estate ventures” were as follows:
Range of Ownership (1)
September 30, 2022December 31, 2021
Condominium and Mixed Use Development:
            New York City Standard Metropolitan Statistical Area (“SMSA”)
4.2% - 22.8%
$18,594 $22,654 
            All other U.S. areas
12.5% - 89.1%
69,759 57,485 
88,353 80,139 
Apartment Buildings:
            All other U.S. areas50.0%9,976 11,900 
9,976 11,900 
Hotels:
            New York City SMSA
0.4% - 12.3%
916 1,635 
            International49.0%1,826 1,522 
2,742 3,157 
Commercial:
            New York City SMSA49.0%7,908 — 
            All other U.S. areas1.6%7,494 7,290 
15,402 7,290 
Other:
15.0% - 49.0%
367 2,576 
Investments in real estate ventures$116,840 $105,062 
_____________________________
(1) The Range of Ownership reflects New Valley’s estimated current ownership percentage. New Valley’s actual ownership percentage as well as the percentage of earnings and cash distributions may ultimately differ as a result of a number of factors including potential dilution, financing or admission of additional partners.
Contributions:

The components of New Valley’s contributions to its investments in real estate ventures were as follows:
Nine Months Ended
September 30,
20222021
Condominium and Mixed Use Development:
            New York City SMSA$498 $396 
            All other U.S. areas10,870 12,336 
11,368 12,732 
Hotels:
            New York City SMSA206 1,579 
206 1,579 
Commercial:
            New York City SMSA8,070 — 
8,070 — 
Total contributions$19,644 $14,311 
For ventures where New Valley previously held an investment, New Valley contributed its proportionate share of additional capital along with contributions by the other investment partners during the nine months ended September 30, 2022 and 2021. New Valley’s direct investment percentage for these ventures did not significantly change. 

Distributions:

The components of distributions received by New Valley from its investments in real estate ventures were as follows:
Nine Months Ended
September 30,
20222021
Condominium and Mixed Use Development:
            New York City SMSA$1,032 $4,440 
            All other U.S. areas— 13,594 
1,032 18,034 
Apartment Buildings:
            All other U.S. areas550 18,566 
550 18,566 
Commercial:
            All other U.S. areas736 503 
736 503 
Other4,459 — 
Total distributions$6,777 $37,103 

Of the distributions received by New Valley from its investment in real estate ventures, $2,986 and $25,255 were from distributions of earnings for the nine months ended September 30, 2022 and 2021, respectively, and $3,791 and $11,848 were a return of capital for the nine months ended September 30, 2022 and 2021, respectively. Distributions from earnings are included in cash from operations in the condensed consolidated statements of cash flows, while distributions from return of capital are included in cash flows from investing activities in the condensed consolidated statements of cash flows.
Equity in Earnings (losses) from Real Estate Ventures:

New Valley recognized equity in (losses) earnings from real estate ventures as follows:
Three Months EndedNine Months Ended
September 30,September 30,
2022202120222021
Condominium and Mixed Use Development:
            New York City SMSA$(1,652)$(841)$(3,823)$(3,313)
            All other U.S. areas(490)(6,128)(1,451)1,146 
(2,142)(6,969)(5,274)(2,167)
Apartment Buildings:
            All other U.S. areas(450)999 (1,374)18,566 
(450)999 (1,374)18,566 
Hotels:
            New York City SMSA(182)(246)(924)(1,094)
            International609 310 304 (219)
427 64 (620)(1,313)
Commercial:
            New York City SMSA(4)— (162)(2,591)
            All other U.S. areas266 200 940 473 
262 200 778 (2,118)
Other:— 12 2,250 (463)
Equity in (losses) earnings from real estate ventures$(1,903)$(5,694)$(4,240)$12,505 

Investment in Real Estate Ventures Entered Into During the Nine Months Ended September 30, 2022:

In June 2022, New Valley invested $410 for an approximate 75% interest in Nash Square Upstream JV LLC. The joint venture plans to develop a mixed use development. The venture is a variable interest entity (“VIE”); however, New Valley is not the primary beneficiary. New Valley accounts for this investment under the equity method of accounting. New Valley's maximum exposure to loss as a result of its investment in Nash Square Upstream JV LLC was $422 at September 30, 2022.

New Valley invested $4,000 during the nine months ended September 30, 2022 for an approximate 25% interest in BH NV Aventura LLC. The joint venture plans to develop a mixed use development. The venture is a VIE; however, New Valley is not the primary beneficiary. New Valley accounts for this investment under the equity method of accounting. New Valley's maximum exposure to loss as a result of its investment in BH NV Aventura LLC was $4,000 at September 30, 2022.

In August 2022, New Valley invested $4,000 for an approximate 35% interest in BH NV NMB Venture LLC. The joint venture plans to develop a mixed use development. The venture is a VIE; however, New Valley is not the primary beneficiary. New Valley accounts for this investment under the equity method of accounting. New Valley's maximum exposure to loss as a result of its investment in BH NV NMB Venture LLC was $4,000 at September 30, 2022.

VIE Consideration:

The Company has determined that New Valley is the primary beneficiary of one real estate venture because it controls the activities that most significantly impact the economic performance of the real estate venture. Consequently, New Valley consolidates this VIE.

The carrying amount of the consolidated assets of the VIE was $0 at both September 30, 2022 and December 31, 2021. Those assets are owned by the VIE, not the Company. The consolidated VIE had no recourse liabilities as of September 30, 2022 and December 31, 2021. A VIE’s assets can only be used to settle the obligations of that VIE. The VIE is not a guarantor of the Company’s senior notes and other debts payable.
For the remaining investments in real estate ventures, New Valley determined that the entities were VIEs but New Valley was not the primary beneficiary. Therefore, New Valley’s investment in such real estate ventures has been accounted for under the equity method of accounting.

Maximum Exposure to Loss:

New Valley’s maximum exposure to loss from its investments in real estate ventures consisted of the net carrying value of the venture adjusted for any future capital commitments and/or guarantee arrangements. The maximum exposure to loss was as follows:
September 30, 2022
Condominium and Mixed Use Development:
            New York City SMSA$18,594 
            All other U.S. areas69,759 
88,353 
Apartment Buildings:
            All other U.S. areas9,976 
9,976 
Hotels:
            New York City SMSA916 
            International1,826 
2,742 
Commercial:
            New York City SMSA7,908 
            All other U.S. areas7,494 
15,402 
Other367 
Total maximum exposure to loss$116,840 

New Valley capitalized $1,101 and $3,152 of interest costs into the carrying value of its ventures whose projects were currently under development for the three and nine months ended September 30, 2022, respectively. New Valley capitalized $614 and $1,636 of interest costs into the carrying value of its ventures whose projects were currently under development for the three and nine months ended September 30, 2021, respectively.

Investments in Real Estate, net:

The components of “Investments in real estate, net” were as follows:
September 30,
2022
December 31,
2021
Escena, net$— $9,098 
            Investments in real estate, net$— $9,098 
New Valley recorded operating income of $0 and operating losses of $530 for the three months ended September 30, 2022 and 2021, respectively, from Escena. New Valley recorded operating income of $1,316 and operating losses of $250 for the nine months ended September 30, 2022 and 2021, respectively, from Escena. Escena is a master planned community, golf course, and club house in Palm Springs, California. In April 2022, New Valley sold Escena and received approximately $15,300 in net cash proceeds. The Company recognized the revenue in accordance with the scope of ASC Topic 606 since New Valley has no continuing investment or involvement. The sale was presented as revenue and the cost of the investment as cost of sales on the condensed consolidated statements of operations.