Advocacy & Regulatory

What you need to know in today’s environment. LSTA advocates on behalf of all participants in the syndicated loan market, working directly with regulators and legislators to maintain a fair, orderly, and efficient marketplace that engenders confidence.

The LSTA actively monitors emerging regulatory issues and has successfully advocated the industry’s position on risk retention, the Volcker Rule, Liquidity Risk Management Rules, FATCA, Leveraged Lending Guidance, FDIC assessments, and more. This section of University covers Dodd-Frank risk retention rules, Alternative Reference Rates Committee (ARRC) consultations and what they mean to our constituents, LIBOR and its alternative SOFR, and more.

Level 1

LSTA University Level 1
  • The Great Migration Away from LIBOR

    LIBOR, “the world’s most important number”, is likely to cease after 2021. This presents significant—but hopefully surmountable—challenges. We discuss the LIBOR problem, timeline and potential shorter- and longer-term solutions. We know whereof we speak; the LSTA is a member of the overall Alternative References Rates Committee (“ARRC”), the body tasked with replacing U.S. dollar LIBOR. We also co-chair the ARRC’s Business Loans Working Group (which is tasked with solving LIBOR transition problems for syndicated and bilateral loans) and the Business Loans Operations Subgroup (which is working to operationalize loan solutions), and are a member of the ARRC’s Securitization Working Group (where we represent the interests of CLOs.)

  • LIBOR FAQ's

    LIBOR FAQ’s

  • LSTA White Paper: Addressing Loan and CLO Misperceptions

    Broadly syndicated loans to non-investment grade U.S. Corporations are widely misunderstood outside of the loan industry. A number of commentators imply that leveraged loans are shadowy corporate equivalents to pre-crisis sub-prime mortgages. This is clearly not true and, to respond to such conflations, the LSTA recently published this white paper addressing these views.

Level 2

LSTA University Level 2
  • Expert Q&A LIBOR Replacement and the Secured Overnight Financing Rate (SOFR)

    An expert Q&A with Meredith Coffey of Loan Syndications and Trading Association (LSTA) on issues and considerations related to benchmark reform in the US and the replacement of USD LIBOR with the Secured Overnight Financing Rate (SOFR).

  • LSTA White Paper: Addressing Loan and CLO Misperceptions

    Broadly syndicated loans to non-investment grade U.S. Corporations are widely misunderstood outside of the loan industry. A number of commentators imply that leveraged loans are shadowy corporate equivalents to pre-crisis sub-prime mortgages. This is clearly not true and, to respond to such conflations, the LSTA recently published this white paper addressing these views.

  • Could CLO AAA Tranches Actually Suffer Losses in the Downturn?

    A question has recently been traversing the internet: “Could CLO AAA notes suffer significant and troubling credit losses?” In reality, it would take incredible, prolonged and worldrattling levels of corporate loan defaults to actually create any credit losses in CLO AAA notes. One practitioner observed that, if we got to the level of corporate defaults that significantly impaired CLO AAA notes, we’d already be living in caves.

Level 3

LSTA University Level 3
  • LIBOR LOAN/ARRC FALLBACK CONSULTATION

    On June 30th the ARRC published an updated recommendation for fallback language for syndicated loans (“the 2020 recommendation”). We discuss the background and changes below, but want to flag upfront that a major change is that the second step of the waterfall is now Simple Daily SOFR, not Compounded SOFR. For member convenience we have also prepared a word version of the refreshed fallback language which is available below.

  • LIBOR Fallbacks: The Market Responds

    LIBOR is somehow simultaneously both a pressing issue and a slow-motion market upheaval. A first step to avoiding the upheaval scenario is the development of fallback language across cash asset classes. (Fallback language answers the critical question “If LIBOR disappeared tomorrow, to what rate would my contract fall back?” Is it Prime? Is it SOFR? Is it the last fixed rate? Is it nothing?!)

  • Current Trends in LIBOR Successor Rate Provisions

    This Article examines LIBOR successor rate provisions in recently filed credit agreements contained in Practical Law What’s Market.

  • CLOs Are Simply Not a Source of Systemic Risk to the Banking System

    A recent internet meme posits that the U.S. banking system is on the precipice of collapse. Today’s catalyst,the Collateralized Loan Obligation or CLO, the theory goes, bears a resemblance to the similarly named CDO, which played a role in the 2008 financial crisis.

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LSTA Newsletter: September 18, 2020

This week in review: Tess Virmani announces (and recaps) the LSTA’s new Simple SOFR Concept Credit Agreement, Meredith Coffey reviews the ARRC’s progress on Term…

Simple SOFR is Even Simpler

This summer has seen a number of tools added to the LIBOR transition toolbox, such as the Updated ARRC Hardwired Fallback Language (“Hardwired Fallback Language”)…