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Millennium: The Defendants Reply. Now What?

As we recently reported, the LSTA filed an amicus brief in a federal case coming out of the Millennium bankruptcy which is considering whether broadly syndicated term loans are securities for the purposes of federal and state securities laws. The LSTA argued that they are not and explained the materially negative consequences to borrowers and lenders were a court to reach the opposite conclusion. Recently, the banks completed the briefing in this case by filing a reply brief that reiterated their view that the term loan in that case is not a security.

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Draft of the ESG Diligence Questionnaire

We all saw the increase in media coverage last year of the implications of ESG (Environmental, Social and Governance) factors in the financial markets and that trend seems to only be accelerating. About a year ago we started hearing directly from our buyside members that the number of ESG questions they were receiving from end […]

SOFR: Addressing Basis Biases

As highlighted in Nomura’s Special Topics on January 24th, basis risk has been on CLO managers’ (and equity holders’) minds. While the focus generally has been on one-month/three-month LIBOR basis, basis questions also have emerged in the SOFR space.

LSTA Newsletter: January 24, 2020

This week we recap secondary trading for 2019, give an update on LIBOR transition in the U.K., and let you know that we’ve published a credit agreement for investment grade term loans.