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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
Date of Report (Date of earliest event reported):
February 16, 2024
Arbor Realty Trust, Inc.
(EXACT NAME OF REGISTRANT AS SPECIFIED IN ITS CHARTER)
Maryland
(STATE OF INCORPORATION)
001-32136
20-0057959
(COMMISSION FILE NUMBER) (IRS EMPLOYER ID. NUMBER)
333 Earle Ovington Boulevard, Suite 900
11553
Uniondale, New York
(ZIP CODE)
(ADDRESS OF PRINCIPAL EXECUTIVE OFFICES)  
(516) 506-4200
(REGISTRANT’S TELEPHONE NUMBER, INCLUDING AREA CODE)
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).
Emerging growth company o
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. o
Securities registered pursuant to Section 12(b) of the Act:
Title of each class Trading symbols Name of each exchange on which registered
Common Stock, par value $0.01 per share ABR New York Stock Exchange
Preferred Stock, 6.375% Series D Cumulative Redeemable, par value $0.01 per share ABR-PD New York Stock Exchange
Preferred Stock, 6.25% Series E Cumulative Redeemable, par value $0.01 per share ABR-PE New York Stock Exchange
Preferred Stock, 6.25% Series F Fixed-to-Floating Rate Cumulative Redeemable, par value $0.01 per share ABR-PF New York Stock Exchange



Item 2.02    Results of Operations and Financial Condition.
On February 16, 2024, Arbor Realty Trust, Inc. issued a press release announcing its earnings for the fourth quarter and full year ended December 31, 2023, a copy of which is attached hereto as Exhibit 99.1.
Item 9.01    Financial Statements and Exhibits.
(d) Exhibits
Exhibit Number Exhibit
104 Cover Page Interactive Data File - the cover page XBRL tags are embedded within the Inline XBRL document.



SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
ARBOR REALTY TRUST, INC.
By: /s/ Paul Elenio
Name: Paul Elenio
Title: Chief Financial Officer
Date: February 16, 2024

EX-99.1 2 abr-12312023xearningsrelea.htm EX-99.1 Document

a991a.jpg

Arbor Realty Trust Reports Fourth Quarter and Full Year 2023 Results and Declares Dividend of $0.43 per Share

Fourth Quarter Highlights:

•GAAP net income of $0.48 per diluted common share
•Distributable earnings1 of $0.51, or $0.54 per diluted common share excluding a $7.0 million realized loss on an office property that was previously reserved for
•Declares cash dividend on common stock of $0.43 per share representing an annualized dividend of $1.72 per share
•Strong liquidity position with ~$1 billion in cash and liquidity and ~$600 million of restricted cash in replenishable CLO vehicles with a weighted average cost of 1.74% over SOFR2
•Agency loan originations of $1.44 billion and a servicing portfolio of ~$30.98 billion, up 3.5%
•Structured loan originations of $266.2 million, runoff of $817.4 million, and a portfolio of ~$12.62 billion
Full Year Highlights:

•GAAP net income of $1.75 per diluted common share representing an increase of 5% over last year, and distributable earnings of $2.25 per diluted common share1
•Raised dividend twice during 2023 to an annual run rate of $1.72 per share, representing a 7.5% increase over the prior year
•Best-in-class total stockholder return of 28%
•Agency servicing portfolio growth of 11% from loan originations of $5.11 billion, a 7% increase over the prior year
•Structured portfolio reduction of 13% with $3.02 billion of multifamily loan runoff, $1.69 billion of which was recaptured into new agency loan originations


Uniondale, NY, February 16, 2024 -- Arbor Realty Trust, Inc. (NYSE: ABR), today announced financial results for the fourth quarter ended December 31, 2023. Arbor reported net income for the quarter of $91.7 million, or $0.48 per diluted common share, compared to net income of $88.2 million, or $0.49 per diluted common share for the quarter ended December 31, 2022. Net income for the year was $330.1 million, or $1.75 per diluted common share, compared to $284.8 million, or $1.67 per diluted common share for the year ended December 31, 2022. Distributable earnings for the quarter was $104.1 million, or $0.51 per diluted common share, compared to $114.0 million, or $0.60 per diluted common share for the quarter ended December 31, 2022. Distributable earnings for the year was $452.5 million, or $2.25 per diluted common share, compared to $405.7 million, or $2.23 per diluted common share for the year ended December 31, 2022.


Arbor Realty Trust Reports Fourth Quarter and Full Year 2023 Results and Declares Dividend of $0.43 per Share
February 16, 2024
Page 2
1
Agency Business
Loan Origination Platform
  Agency Loan Volume (in thousands)
  Quarter Ended Year Ended
  December 31, 2023 September 30, 2023 December 31, 2023 December 31, 2022
Fannie Mae $ 1,177,203  $ 721,398  $ 3,773,532  $ 2,919,566 
Freddie Mac 98,370  339,241  756,827  1,353,001 
Private Label 140,606  67,965  299,934  217,542 
FHA 26,493  19,215  257,199  188,394 
SFR - Fixed Rate —  2,030  19,328  89,683 
Total Originations $ 1,442,672  $ 1,149,849  $ 5,106,820  $ 4,768,186 
 
Total Loan Sales $ 1,270,356  $ 1,275,420  $ 4,889,199  $ 5,438,623 
   
Total Loan Commitments $ 1,362,379  $ 1,211,347  $ 5,207,148  $ 5,146,718 
For the quarter ended December 31, 2023, the Agency Business generated revenues of $96.3 million, compared to $80.8 million for the third quarter of 2023. Gain on sales, including fee-based services, net on the GSE/Agency business (excluding private label and SFR) was $15.4 million for the quarter, reflecting a margin of 1.36%, compared to $17.7 million and 1.48% for the third quarter of 2023. Income from mortgage servicing rights was $21.1 million for the quarter, reflecting a rate of 1.55% as a percentage of loan commitments, compared to $14.1 million and 1.16% for the third quarter of 2023.
At December 31, 2023, loans held-for-sale was $551.7 million, with financing associated with these loans totaling $413.3 million.









Arbor Realty Trust Reports Fourth Quarter and Full Year 2023 Results and Declares Dividend of $0.43 per Share
February 16, 2024
Page 3
Fee-Based Servicing Portfolio
The Company’s fee-based servicing portfolio totaled $30.98 billion at December 31, 2023. Servicing revenue, net was $33.1 million for the quarter and consisted of servicing revenue of $49.2 million, net of amortization of mortgage servicing rights totaling $16.2 million.
  Fee-Based Servicing Portfolio ($ in thousands)
  December 31, 2023 September 30, 2023 December 31, 2022
  UPB Wtd. Avg. Fee (bps) Wtd. Avg. Life (years) UPB Wtd. Avg. Fee (bps) Wtd. Avg. Life (years) UPB Wtd. Avg. Fee (bps) Wtd. Avg. Life (years)
Fannie Mae $ 21,264,578  47.4 7.4 $ 20,463,620  48.3 7.7 $ 19,038,124  50.2 8.0
Freddie Mac 5,181,933  24.0 8.5 5,184,888  24.2 8.5 5,153,207  25.0 9.0
Private Label 2,510,449  19.5 6.7 2,371,475  19.2 7.3 2,074,859  18.5 7.6
FHA 1,359,624  14.4 19.2 1,322,832  14.5 19.9 1,155,893  14.9 19.5
Bridge 379,425  10.9 3.2 305,950  11.2 3.6 301,182  12.5 1.7
SFR-Fixed Rate 287,446  20.1 5.1 287,942  20.1 5.8 274,764  19.8 6.0
Total $ 30,983,455  39.1 8.0 $ 29,936,707  39.7 8.3 $ 27,998,029  41.1 8.6
Loans sold under the Fannie Mae program contain an obligation to partially guarantee the performance of the loan (“loss-sharing obligations”) and includes $34.6 million for the fair value of the guarantee obligation undertaken at December 31, 2023. The Company recorded a $3.1 million net provision for loss sharing associated with CECL for the fourth quarter of 2023. At December 31, 2023, the Company’s total CECL allowance for loss-sharing obligations was $37.0 million, representing 0.17% of the Fannie Mae servicing portfolio.














Arbor Realty Trust Reports Fourth Quarter and Full Year 2023 Results and Declares Dividend of $0.43 per Share
February 16, 2024
Page 4
Structured Business
Portfolio and Investment Activity
  Structured Portfolio Activity ($ in thousands)
  Quarter Ended Year Ended
  December 31, 2023 September 30, 2023 December 31, 2023 December 31, 2022
  UPB % UPB % UPB % UPB %
Bridge:  
Multifamily $ 38,700  14  % $ 92,000  38  % $ 415,330  42  % $ 5,468,222  89  %
SFR 198,629  75  % 140,379  59  % 524,060  54  % 613,819  10  %
237,329  89  % 232,379  97  % 939,390  96  % 6,082,041  99  %
Mezzanine/Preferred Equity 28,829  11  % 7,779  % 43,953  % 69,606  %
Total Originations $ 266,158  100  % $ 240,158  100  % $ 983,343  100  % $ 6,151,647  100  %
 
Number of Loans Originated 58   42 150 318
 
SFR Commitments $ 466,703    $ 429,452  $ 1,150,687  $ 1,086,833 
 
Runoff $ 817,394    $ 664,792  $ 3,354,055  $ 3,818,554 
Structured Portfolio ($ in thousands)
December 31, 2023 September 30, 2023 December 31, 2022
UPB % UPB % UPB %
Bridge:    
Multifamily $ 10,789,936  86  % $ 11,421,819  87  % $ 12,830,999  89  %
SFR 1,316,803  10  % 1,163,648  % 927,373  %
Other 166,505  % 205,505  % 337,682  %
12,273,244  97  % 12,790,972  98  % 14,096,054  97  %
 
Mezzanine/Preferred Equity 334,198  % 321,729  % 324,224  %
SFR Permanent 7,564  <1% 9,694  <1% 35,854  <1%
Total Portfolio $ 12,615,006  100  % $ 13,122,395  100  % $ 14,456,132  100  %
At December 31, 2023, the loan and investment portfolio’s unpaid principal balance, excluding loan loss reserves, was $12.62 billion, with a weighted average current interest pay rate of 8.42%, compared to $13.12 billion and 8.80% at September 30, 2023. Including certain fees earned and costs associated with the loan and investment portfolio, the weighted average current interest pay rate was 8.98% at December 31, 2023, compared to 9.12% at September 30, 2023. The decrease in pay rate was primarily due to an increase in non-performing loans in the fourth quarter of 2023.
The average balance of the Company’s loan and investment portfolio during the fourth quarter of 2023, excluding loan loss reserves, was $12.96 billion with a weighted average yield of 9.31%, compared to $13.40 billion and 9.28% for the third quarter of 2023.
During the fourth quarter of 2023, the Company recorded a $17.3 million provision for loan losses associated with CECL, which was net of $4.8 million of loan loss recoveries. At December 31, 2023, the Company’s total allowance for loan losses was $195.7 million. The Company had sixteen non-performing loans with a carrying value of $262.7 million, before related loan loss reserves of $27.1 million, compared to twelve loans with a carrying value of $150.5 million, before loan loss reserves of $12.6 million at September 30, 2023.


Arbor Realty Trust Reports Fourth Quarter and Full Year 2023 Results and Declares Dividend of $0.43 per Share
February 16, 2024
Page 5
Financing Activity
The balance of debt that finances the Company’s loan and investment portfolio at December 31, 2023 was $11.57 billion with a weighted average interest rate including fees of 7.45% as compared to $11.86 billion and a rate of 7.41% at September 30, 2023.
The average balance of debt that finances the Company’s loan and investment portfolio for the fourth quarter of 2023 was $11.77 billion, as compared to $12.00 billion for the third quarter of 2023. The average cost of borrowings for the fourth quarter of 2023 was 7.48%, compared to 7.37% for the third quarter of 2023. The increase in average cost was primarily due to an increase in the SOFR rate in the fourth quarter of 2023.
Dividend
The Company announced today that its Board of Directors has declared a quarterly cash dividend of $0.43 per share of common stock for the quarter ended December 31, 2023. The dividend is payable on March 15, 2024 to common stockholders of record on March 4, 2024. The ex-dividend date is March 1, 2024.
Earnings Conference Call
The Company will host a conference call today at 10:00 a.m. Eastern Time. A live webcast and replay of the conference call will be available at www.arbor.com in the investor relations section of the Company’s website, or you can access the call telephonically at least ten minutes prior to the conference call. The dial-in numbers are (800) 245-3047 for domestic callers and (203) 518-9765 for international callers. Please use participant passcode ABRQ423 when prompted by the operator.
A telephonic replay of the call will be available until February 23, 2024. The replay dial-in numbers are (800) 934-8221 for domestic callers and (402) 220-6990 for international callers.
About Arbor Realty Trust, Inc.
Arbor Realty Trust, Inc. (NYSE: ABR) is a nationwide real estate investment trust and direct lender, providing loan origination and servicing for multifamily, single-family rental (SFR) portfolios, and other diverse commercial real estate assets. Headquartered in New York, Arbor manages a multibillion-dollar servicing portfolio, specializing in government-sponsored enterprise products. Arbor is a leading Fannie Mae DUS® lender and Freddie Mac Optigo® Seller/Servicer, and an approved FHA Multifamily Accelerated Processing (MAP) lender. Arbor’s product platform also includes bridge, CMBS, mezzanine and preferred equity loans. Rated by Standard and Poor’s and Fitch Ratings, Arbor is committed to building on its reputation for service, quality, and customized solutions with an unparalleled dedication to providing our clients excellence over the entire life of a loan.


Arbor Realty Trust Reports Fourth Quarter and Full Year 2023 Results and Declares Dividend of $0.43 per Share
February 16, 2024
Page 6
Safe Harbor Statement
Certain items in this press release may constitute forward-looking statements within the meaning of the “safe harbor” provisions of the Private Securities Litigation Reform Act of 1995. These statements are based on management’s current expectations and beliefs and are subject to a number of trends and uncertainties that could cause actual results to differ materially from those described in the forward-looking statements. Arbor can give no assurance that its expectations will be attained. Factors that could cause actual results to differ materially from Arbor’s expectations include, but are not limited to, changes in economic conditions generally, and the real estate markets specifically, continued ability to source new investments, changes in interest rates and/or credit spreads, and other risks detailed in Arbor’s Annual Report on Form 10-K for the year ended December 31, 2023 and its other reports filed with the SEC. Such forward-looking statements speak only as of the date of this press release. Arbor expressly disclaims any obligation or undertaking to release publicly any updates or revisions to any forward-looking statements contained herein to reflect any change in Arbor’s expectations with regard thereto or change in events, conditions, or circumstances on which any such statement is based.
Notes
1.During the quarterly earnings conference call, the Company may discuss non-GAAP financial measures as defined by SEC Regulation G. In addition, the Company has used non-GAAP financial measures in this press release. A supplemental schedule of non-GAAP financial measures and the comparable GAAP financial measure can be found on the last page of this release.
2.Amounts reflect approximate balances as of February 14, 2024.
Contact:
Arbor Realty Trust, Inc.
Paul Elenio, Chief Financial Officer
516-506-4422
pelenio@arbor.com


Arbor Realty Trust Reports Fourth Quarter and Full Year 2023 Results and Declares Dividend of $0.43 per Share
February 16, 2024
Page 7
ARBOR REALTY TRUST, INC. AND SUBSIDIARIES
Consolidated Statements of Income
($ in thousands—except share and per share data)

  Quarter Ended December 31, Year Ended December 31,
  2023 2022 2023 2022
(Unaudited) (Unaudited)
Interest income $ 331,060  $ 320,597  $ 1,331,219  $ 948,401 
Interest expense 227,479  207,538  903,228  557,617 
Net interest income 103,581  113,059  427,991  390,784 
Other revenue:    
Gain on sales, including fee-based services, net 16,727  23,290  72,522  55,816 
Mortgage servicing rights 21,144  17,059  69,912  69,346 
Servicing revenue, net 33,073  27,679  130,449  92,192 
Property operating income 1,447  846  5,708  1,877 
Gain on derivative instruments, net 10,345  16,526  6,763  26,609 
Other income (loss), net 2,571  (1,500) 7,667  (17,563)
Total other revenue 85,307  83,900  293,021  228,277 
Other expenses:    
Employee compensation and benefits 36,270  42,089  159,788  161,825 
Selling and administrative 12,686  13,030  51,260  53,990 
Property operating expenses 1,670  694  5,897  2,136 
Depreciation and amortization 2,446  2,640  9,743  8,732 
Provision for loss sharing (net of recoveries) 3,168  4,061  15,695  1,862 
Provision for credit losses (net of recoveries) 18,399  11,469  73,446  21,169 
Litigation settlement —  7,350  —  7,350 
Total other expenses 74,639  81,333  315,829  257,064 
Income before extinguishment of debt, income from equity affiliates, and income taxes 114,249  115,626  405,183  361,997 
Loss on extinguishment of debt —  (320) (1,561) (4,933)
Income (loss) from equity affiliates 3,586  (4,260) 24,281  14,247 
Provision for income taxes (7,911) (4,318) (27,347) (17,484)
Net income 109,924  106,728  400,556  353,827 
Preferred stock dividends 10,342  10,342  41,369  40,954 
Net income attributable to noncontrolling interest 7,923  8,234  29,122  28,044 
Net income attributable to common stockholders $ 91,659  $ 88,152  $ 330,065  $ 284,829 
Basic earnings per common share $ 0.49  $ 0.51  $ 1.79  $ 1.72 
Diluted earnings per common share $ 0.48  $ 0.49  $ 1.75  $ 1.67 
Weighted average shares outstanding:    
Basic 188,503,682 174,444,084 184,641,642 165,355,167
Diluted 222,861,214 209,743,771 218,843,613 199,112,630
Dividends declared per common share $ 0.43  $ 0.40  $ 1.68  $ 1.54 


Arbor Realty Trust Reports Fourth Quarter and Full Year 2023 Results and Declares Dividend of $0.43 per Share
February 16, 2024
Page 8
ARBOR REALTY TRUST, INC. AND SUBSIDIARIES
Consolidated Balance Sheets
($ in thousands—except share and per share data)
  December 31, 2023 December 31, 2022
Assets:    
Cash and cash equivalents $ 928,974  $ 534,357 
Restricted cash 608,233  713,808 
Loans and investments, net (allowance for credit losses of $195,664 and $132,559)
12,377,806  14,254,674 
Loans held-for-sale, net 551,707  354,070 
Capitalized mortgage servicing rights, net 391,254  401,471 
Securities held-to-maturity, net (allowance for credit losses of $6,256 and $3,153)
155,279  156,547 
Investments in equity affiliates 79,303  79,130 
Due from related party 64,421  77,419 
Goodwill and other intangible assets 91,378  96,069 
Other assets 490,281  371,440 
Total assets $ 15,738,636  $ 17,038,985 
Liabilities and Equity:    
Credit and repurchase facilities $ 3,237,827  $ 3,841,814 
Securitized debt 6,935,010  7,849,270 
Senior unsecured notes 1,333,968  1,385,994 
Convertible senior unsecured notes 283,118  280,356 
Junior subordinated notes to subsidiary trust issuing preferred securities 143,896  143,128 
Due to related party 13,799  12,350 
Due to borrowers 121,707  61,237 
Allowance for loss-sharing obligations 71,634  57,168 
Other liabilities 343,072  335,789 
Total liabilities 12,484,031  13,967,106 
Equity:    
Arbor Realty Trust, Inc. stockholders' equity:    
Preferred stock, cumulative, redeemable, $0.01 par value: 100,000,000 shares authorized, shares issued and outstanding by period: 633,684  633,684 
Special voting preferred shares - 16,293,589 shares
6.375% Series D - 9,200,000 shares
6.25% Series E - 5,750,000 shares
6.25% Series F - 11,342,000 shares
Common stock, $0.01 par value: 500,000,000 shares authorized - 188,505,264 and 178,230,522 shares issued and outstanding
1,885  1,782 
Additional paid-in capital 2,367,188  2,204,481 
Retained earnings 115,216  97,049 
Total Arbor Realty Trust, Inc. stockholders’ equity 3,117,973  2,936,996 
Noncontrolling interest 136,632  134,883 
Total equity 3,254,605  3,071,879 
Total liabilities and equity $ 15,738,636  $ 17,038,985 


Arbor Realty Trust Reports Fourth Quarter and Full Year 2023 Results and Declares Dividend of $0.43 per Share
February 16, 2024
Page 9
ARBOR REALTY TRUST, INC. AND SUBSIDIARIES
Statement of Income Segment Information - (Unaudited)
(in thousands)
 
Quarter Ended December 31, 2023
  Structured
Business
Agency
Business
Other(1)
Consolidated
Interest income $ 317,132  $ 13,928  $ $ 331,060 
Interest expense 221,747  5,732  227,479 
Net interest income 95,385  8,196  103,581 
         
Other revenue:        
Gain on sales, including fee-based services, net 16,727  16,727 
Mortgage servicing rights 21,144  21,144 
Servicing revenue 49,246  49,246 
Amortization of MSRs (16,173) (16,173)
Property operating income 1,447  1,447 
Gain on derivative instruments, net 10,345  10,345 
Other income 1,448  1,123  2,571 
Total other revenue 2,895  82,412  85,307 
         
Other expenses:        
Employee compensation and benefits 11,516  24,754  36,270 
Selling and administrative 5,399  7,287  12,686 
Property operating expenses 1,670  1,670 
Depreciation and amortization 1,273  1,173  2,446 
Provision for loss sharing (net of recoveries) 3,168  3,168 
Provision for credit losses (net of recoveries) 18,086  313  18,399 
Total other expenses 37,944  36,695  74,639 
         
Income before income from equity affiliates and income taxes 60,336  53,913  114,249 
         
Income from equity affiliates 3,586  3,586 
Benefit from (provision for) income taxes 497  (8,408) (7,911)
         
Net income 64,419  45,505  109,924 
         
Preferred stock dividends 10,342  10,342 
Net income attributable to noncontrolling interest 7,923  7,923 
Net income attributable to common stockholders $ 54,077  $ 45,505  $ (7,923) $ 91,659 
(1)Includes income allocated to the noncontrolling interest holders not allocated to the two reportable segments.


Arbor Realty Trust Reports Fourth Quarter and Full Year 2023 Results and Declares Dividend of $0.43 per Share
February 16, 2024
Page 10
ARBOR REALTY TRUST, INC. AND SUBSIDIARIES
Balance Sheet Segment Information - (Unaudited)
(in thousands)
  December 31, 2023
  Structured
Business
Agency
Business
Consolidated
Assets:      
Cash and cash equivalents $ 619,487  $ 309,487  $ 928,974 
Restricted cash 595,342  12,891  608,233 
Loans and investments, net 12,377,806  12,377,806 
Loans held-for-sale, net 551,707  551,707 
Capitalized mortgage servicing rights, net 391,254  391,254 
Securities held-to-maturity, net 155,279  155,279 
Investments in equity affiliates 79,303  79,303 
Goodwill and other intangible assets 12,500  78,878  91,378 
Other assets and due from related party 453,073  101,629  554,702 
 Total assets $ 14,137,511  $ 1,601,125  $ 15,738,636 
       
Liabilities:      
Debt obligations $ 11,520,492  $ 413,327  $ 11,933,819 
Allowance for loss-sharing obligations 71,634  71,634 
Other liabilities and due to related party 369,588  108,990  478,578 
 Total liabilities $ 11,890,080  $ 593,951  $ 12,484,031 


Arbor Realty Trust Reports Fourth Quarter and Full Year 2023 Results and Declares Dividend of $0.43 per Share
February 16, 2024
Page 11
ARBOR REALTY TRUST, INC. AND SUBSIDIARIES
Reconciliation of Distributable Earnings to GAAP Net Income - (Unaudited)
($ in thousands—except share and per share data)
  Quarter Ended December 31, Year Ended December 31,
  2023 2022 2023 2022
Net income attributable to common stockholders $ 91,659  $ 88,152  $ 330,065  $ 284,829 
     
Adjustments:    
Net income attributable to noncontrolling interest 7,923  8,234  29,122  28,044 
Income from mortgage servicing rights (21,144) (17,059) (69,912) (69,346)
Deferred tax (benefit) provision (719) 6,092  (7,349) (1,741)
Amortization and write-offs of MSRs 19,145  22,528  77,829  104,378 
Depreciation and amortization 4,115  3,225  16,425  11,069 
Loss on extinguishment of debt 320  1,561  4,933 
Provision for credit losses, net 11,206  14,823  68,642  25,077 
(Gain) loss on derivative instruments, net (10,880) (14,992) (8,844) 3,480 
Stock-based compensation 2,799  2,643  14,940  14,973 
     
Distributable earnings (1) $ 104,104  $ 113,966  $ 452,479  $ 405,696 
     
Diluted distributable earnings per share (1) $ 0.51  $ 0.60  $ 2.25  $ 2.23 
     
Diluted weighted average shares outstanding (1) (2) 205,498,651 191,273,691 201,549,221 182,224,404
(1)Amounts are attributable to common stockholders and OP Unit holders. The OP Units are redeemable for cash, or at the Company's option for shares of the Company's common stock on a one-for-one basis.
(2)The diluted weighted average shares outstanding were adjusted to exclude the potential shares issuable upon conversion and settlement of the Company's convertible senior notes principal balance. For the quarters ended December 31, 2023 and December 31, 2022, the diluted weighted average shares outstanding excluded 17,362,563 and 18,470,080 of these potentially issuable shares, respectively. For the years ended December 31, 2023 and December 31, 2022, the diluted weighted average shares outstanding excluded 17,294,392 and 16,888,226 of these potentially issuable shares, respectively.
The Company is presenting distributable earnings because management believes it is an important supplemental measure of the Company's operating performance and is useful to investors, analysts and other parties in the evaluation of REITs and their ability to provide dividends to stockholders. Dividends are one of the principal reasons investors invest in REITs. To maintain REIT status, REITs are required to distribute at least 90% of their REIT-taxable income. The Company considers distributable earnings in determining its quarterly dividend and believes that, over time, distributable earnings is a useful indicator of the Company's dividends per share.
The Company defines distributable earnings as net income (loss) attributable to common stockholders computed in accordance with GAAP, adjusted for accounting items such as depreciation and amortization (adjusted for unconsolidated joint ventures), non-cash stock-based compensation expense, income from MSRs, amortization and write-offs of MSRs, gains/losses on derivative instruments primarily associated with Private Label loans not yet sold and securitized, changes in fair value of GSE-related derivatives that temporarily flow through earnings (net of any tax impact), deferred tax provision (benefit), CECL provisions for credit losses (adjusted for realized losses as described below) and gains/losses on the receipt of real estate from the settlement of loans (prior to the sale of the real estate). The Company also adds back one-time charges such as acquisition costs and one-time gains/losses on the early extinguishment of debt and redemption of preferred stock.
The Company reduces distributable earnings for realized losses in the period management determines that a loan is deemed nonrecoverable in whole or in part. Loans are deemed nonrecoverable upon the earlier of: (1) when the loan receivable is settled (i.e., when the loan is repaid, or in the case of foreclosure, when the underlying asset is sold); or (2) when management determines that it is nearly certain that all amounts due will not be collected. The realized loss amount is equal to the difference between the cash received, or expected to be received, and the book value of the asset.
Distributable earnings is not intended to be an indication of the Company's cash flows from operating activities (determined in accordance with GAAP) or a measure of its liquidity, nor is it entirely indicative of funding the Company's cash needs, including its ability to make cash distributions. The Company's calculation of distributable earnings may be different from the calculations used by other companies and, therefore, comparability may be limited.