LOAN SYNDICATIONS AND TRADING ASSOCIATION WEBSITE PRIVACY POLICY

Welcome to the Loan Syndications and Trading Association, Inc. (the “LSTA”) Website. The LSTA can be contacted by mail at 366 Madison Avenue, 15th Floor, New York, New York 10017; by telephone at 212-880-3000 and by email at lstanews@lsta.org. This Website is hosted on servers owned and maintained by ServerSide, Inc. The following applies to the Website located at the uniform resource locator, www.lsta.org.

1. Collection of Personal Information from Site Visitors

The LSTA automatically collects and/or tracks (1) the home server domain names, e-mail addresses, type of client computer, and type of Web browser of visitors to the LSTA’s Website, (2) the e-mail addresses of visitors that communicate with the LSTA, (3) information knowingly provided by the visitor in registration forms, and surveys, and (4) information on what pages visitors access.

The LSTA does place Internet cookies on visitors’ hard drives. Internet cookies save the visitor’s name, password, user-name, screen preferences, the pages of the LSTA’s Website viewed by the visitor, and the advertisements viewed or clicked by the visitor. One reason for cookies is that the user will not be prompted to enter a username and password each time he wishes to view a protected area of the Website. When the visitor revisits the LSTA’s Website, the LSTA will recognize the visitor by the Internet cookie and customize the visitor’s experience accordingly. Internet cookies are stored on the visitor’s hard drive and are not stored, in any form, by the LSTA. Visitors may decline the Internet cookie by using the appropriate feature of their Web client software, if available.

When a visitor performs a search on the LSTA’s search engine, the LSTA records information identifying the visitor or linking the visitor to the search performed. As necessary to provide service, the LSTA does record limited information for every search request and uses that information only to solve technical problems with the service and to calculate overall usage statistics.

2. Use of Personal Data Collected

Personal data collected by the LSTA will be used by the LSTA for editorial and feedback purposes, for marketing and promotional purposes, for a statistical analysis of users’ behavior, for product development, for content improvement, to inform advertisers as to how many visitors have seen or clicked on their advertisements, and to customize content and layout of the LSTA’s Website. Data on visitors’ home servers is aggregated for internal review and then discarded. Names, postal and e-mail addresses, and phone numbers collected may be added to the LSTA’s databases and used for future calls and mailings regarding site updates, new products and services, upcoming events, and status of orders placed online.

3. Disclosure of Personal Data to Third Parties

By accessing and using the LSTA Website, you understand and agree that the LSTA may post on its Website any information collected from you, and may share, lease, sell, or otherwise disclose data to third parties without further notice to you.

Through the use of third party cookies, advertisers will be electronically notified when visitors view or click on their advertisements.

4. Collection of Personal Data from Children

The LSTA’s Website is not intended for use by children under the age of 18. The LSTA does not intentionally collect or post personally identifying information from children under the age of 18. The LSTA does not intentionally provide any personally identifying information collected from children under the age of 18, regardless of its source, to any third party for any purpose whatsoever.

5. LSTA’s Right to Contact User

The LSTA reserves the right to contact site visitors regarding membership status and changes to the subscriber agreement, privacy policy, or any other policies or agreements relevant to site visitors.

6. LSTA’s Right to Change Privacy Policy

The LSTA reserves the right to change this policy at any time by notifying visitors of the existence and location of the new or revised privacy policy. The effectiveness of any notification of policy changes by the LSTA is not conditional upon any acknowledgement from visitors.

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Membership in the LSTA offers numerous benefits and opportunities. Chief among them is the opportunity to participate in the decision making process that ultimately establishes loan market standards, develops market practices, and influences the market’s direction.

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LSTA Newsletter: August 16, 2019

This week we cover LIBOR-Good News and Less Good News; Docs Terms of Use; Delayed Comp Docs Released; Loans Mag Announcement

Loans Magazine – Summer 2019 Edition

This edition provides members with valuable content on the latest developments in the syndicated loan market. An article from David Chmiel of Global Torchlight Limited which explores “Current Geopolitical Trends Impacting the Loan Market”. We continue with a series of articles on the many aspects of the LIBOR/SOFR transition, an analysis of the secondary loan […]

LIBOR Fallbacks: Good News… and Less Good News

There is good news – and less good news – on LIBOR fallback language in cash products like loans, FRNs and CLOs. On the good news front, it looks like most cash products are now including fallback language in new deals. This is critical because many instruments will be outstanding when LIBOR ends after 2021, and if they don’t have good fallback language, there could be contract frustration (and litigation). However, on the less-good-news front, the fallback language is not always consistent (which may lead to a lot of work to determine exactly how each instrument would fall back) or workable en masse (which may lead to traffic jams as everyone tries to amend their deals at the same time). We discuss the fallback status of FRNs and loans below. (And we’d gently remind readers that several CLOs have gone “hardwired”, per LCD and Covenant Review).

Primary Delayed Compensation: Drafts Released

Yesterday, the LSTA released drafts of the LSTA trading documents to be used in connection with the new Primary Delayed Compensation Protocol. Below, please find links to the clean drafts and blacklines marking the changes to the current versions of the Par/Near Par Trade Confirmation and Standard Terms and Conditions for Par/Near Par Trades.

Primary Delayed Compensation Protocol

The Protocol applies to a “Primary Allocation” which is an allocation of new money by a syndicate desk in connection with either (i) a new issue syndication or (ii) an amendment of an existing Credit Agreement. In addition, the Protocol affects when-issued secondary trades by (i) changing what constitutes an Early Day Trade and (ii) […]

FAQs: The LSTA Trading Documents’ New Terms of Use

As we previously noted, on May 17, 2019, the LSTA published a new suite of U.S. secondary market trading documents. In conjunction with the rollout of the new documents the LSTA changed the Terms of Use applicable to counterparties who use those documents. Since then, we’ve received many questions about the new Terms of Use and below we answer many of those questions.