News & Analysis as of

Loans Secured Overnight Funding Rate (SOFR)

Crunched Credit

Trading Is Not a Dirty Word (CRE CLO)

Crunched Credit on

As we begin to reflate the CRE CLO business this year with shrinking spreads and hopefully shrinking SOFR, we need to think of this as CRE CLO 3.0. This business,  this technology, which is truly a brilliant way to deliver...more

Cadwalader, Wickersham & Taft LLP

Benchmarks Beyond January 2024 - 2024 Update on the Cessation of CDOR and SIBOR

As we kick off 2024, the focus on the unavailability of certain benchmarks continues on. To refresh, we have already seen the benchmark for US Dollars generally replaced with the Secured Overnight Financing rate as...more

Paul Hastings LLP

Market Intersection: A Quarterly Look at the U.S. Credit Markets 1Q23

Paul Hastings LLP on

General market unease in the first fiscal quarter of 2023 was evident. The back-to-back collapse of two regional banks spooked investors and the effects of two federal rate increases rippled through the market. Uncertainty in...more

Ballard Spahr LLP

Term SOFR Hedges: The Price of Perfection

Ballard Spahr LLP on

Summary - As a result of the shift from LIBOR to the Secured Overnight Finance Rate (SOFR), borrowers who use interest rate swaps or options to manage interest rate risk may be asked to pay extra to maintain a hedge under...more

ArentFox Schiff

A Long Hot Summer: Effective Variable Rates Subject to Increase (Irrespective of General Market Conditions)

ArentFox Schiff on

There are major issues arising from the phaseout of the US Dollar London InterBank Offered Rate (LIBOR), which will soon become apparent in connection with LIBOR’s fast-approaching end date. This will dramatically impact many...more

Paul Hastings LLP

Ticking Fees Trends in the U.S. Loan Market

Paul Hastings LLP on

Ticking fees for extended commitment periods (often over at least 4 to 6-months) have long been a feature of committed financings in the U.S. loan market. Such fee structures were initially most common in syndicated deals,...more

Vinson & Elkins LLP

An Introduction to Aviation CLOs

Vinson & Elkins LLP on

One of the reasons for a reduction in the number of aircraft asset-backed securitizations (ABS) coming to market in 2022 and 2023, is the time lag between the rapid increase in interest rates by central banks and the...more

Cadwalader, Wickersham & Taft LLP

ARRC Updates its Recommendations for Use of Term SOFR

The Alternative Reference Rates Committee (ARRC) announced three updates to its recommendations for the use of Term SOFR.  First, the ARRC clarified the scope of “business loans” that may be hedged with Term SOFR swaps....more

Cadwalader, Wickersham & Taft LLP

What Are the Alternatives? April 2023 - Current State of Play of Alternative Currency Benchmark Rates

As we finish the last season of LIBOR replacement, the fund finance market is busy amending our loan documents to include SOFR as the interest rate benchmark for U.S. dollar loans. While the cessation date for USD LIBOR is...more

ArentFox Schiff

The End of LIBOR: Final Countdown

ArentFox Schiff on

With USD LIBOR expected to end on June 30, 2023, there are numerous legal and financial implications to consider, especially as the pace of remediation of leveraged loans (and other commercial loans) needs to progress further...more

Orrick, Herrington & Sutcliffe LLP

Fannie, Freddie announce LIBOR transition plans

On December 22, GSEs Fannie Mae and Freddie Mac announced replacement indices based on the Secured Overnight Financing Rate (SOFR) for their legacy LIBOR indexed loans and securities ...more

White & Case LLP

SOFR amendments poised to ramp up in Q1 2023

White & Case LLP on

While US dollar (USD) LIBOR has all but vanished from new-issue loans in 2022, the vast majority of the US loan market is comprised of legacy transactions that remain tied to the retiring rate. For every US institutional loan...more

Cadwalader, Wickersham & Taft LLP

‘Covered Modifications’ and LSTA’s New SOFR Amendment Forms

On June 21, 2022, the Loan Syndications and Trading Association (“LSTA”) published its final form documents for loan parties amending credit agreements to replace London Interbank Offered Rate (“LIBOR”) with Term Secured...more

White & Case LLP

SOFR transition progresses despite volatile markets

White & Case LLP on

During 2021, after months of regulatory pressure to end reliance on the London Interbank Offered Rate (LIBOR), concerns were mounting that the US leveraged loan market was being too slow to adopt the Secured Overnight...more

Cadwalader, Wickersham & Taft LLP

London, Here We Come - June 2022 | Issue No. 181 - LSTA Publishes New Forms of Term SOFR Amendments

The LIBOR transition process continues to roll along. New transactions are (mostly) being closed without using LIBOR any more, and many legacy transactions are naturally transitioning when refinanced or renewed this year....more

Cadwalader, Wickersham & Taft LLP

Thank You, Mike - May 2022 | Issue No. 177 - Loan Market Update

Lots of news out of the loan market. SOFR remains a focus, we have new forms from the LSTA, and what has been deemed an “existential threat” to the syndicated loan market has reared its head once again. Here’s the rundown....more

ArentFox Schiff

Federal Law to the Rescue? (The Senate Version)

ArentFox Schiff on

LIBOR Relief Included In Appropriations Bill - New York Law Concerns - The New York law enacted in April 2021 provides the ‘Get Out of Jail’ card[2] for banks from litigation relating to the LIBOR (London InterBank...more

Cadwalader, Wickersham & Taft LLP

A Spring in Our Step March 2022 | Issue No. 168 - Quarter-End Market Update

As we usher in spring and hopefully finally say goodbye to the worst of the COVID-19 pandemic, deal volume and overall market activity remain extremely robust. With less than a week to go in an eventful first quarter, we’re...more

Cadwalader, Wickersham & Taft LLP

Magnificent Miami! - February 2022 | Issue No. 163 - Panel Recap: 'Fund Finance Market Update'

The “Fund Finance Market Update” panel focused on the current state of the market. Moderated by Laurie Lawler, Managing Director at Société Générale, the panel included the following: Roshan Chagan, Partner at Ares...more

Moore & Van Allen PLLC

Breakage Costs & SOFR Loans: Breaking-up is Still Expensive

Moore & Van Allen PLLC on

It may not be the next Taylor Swift song, but a prepayment changes the Lender-Borrower relationship. In a swap, we all know there are consequences. Rather than a “breakage cost”, the swap market just calls it an early...more

Cadwalader, Wickersham & Taft LLP

Be Bold - January 2022 | Issue No. 159 - Four Bold Predictions for 2022

Hitting the year-end deadlines was hard. Your kind words eased that pain like a week’s vacation on a remote island with no wifi. I have saved every single one of those emails, texts and LinkedIn messages and filed them away...more

Cadwalader, Wickersham & Taft LLP

And the Beat Goes On - January 2022 | Issue No. 157 - NAV Finance Market Update

Between Omicron, the holidays, and down-to-the-wire end-of-year closings, it was a hectic finish to 2021. But now that the calendar reads 2022, we wanted to reflect this week on the state of the NAV finance market and provide...more

Polsinelli

One Rate to Rule Them All: The End of LIBOR & the Future of “Cost of Carry”

Polsinelli on

Effective December 1, 2021, the Loan Syndication and Trading Association (LSTA) has issued a revised suite of loan trading documents modified to replace LIBOR (London Interbank Offered Rate) with SOFR (Secured Overnight...more

Cadwalader, Wickersham & Taft LLP

ELFFF on the Shelf - December 2021 | Issue No. 155 - December Fund Finance Market Update

The active underlying deal environment comingled with the December 31st LIBOR transition deadline combined to make November the busiest month in the history of Cadwalader Fund Finance. We have no doubt that’s been the case...more

White & Case LLP

Term SOFR: a non-US market perspective

White & Case LLP on

The hard deadline for stopping new use of USD LIBOR following 31 December 2021 is rapidly approaching. Latest market practice as at end November 2021 suggests that some loan market participants are (at last) now contracting...more

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