July 8, 2020

Volume X, Number 190

July 07, 2020

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July 06, 2020

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Guide to Federal Reserve Main Street Loan Facilities and Primary Market Corporate Credit Facility

The Federal Reserve has created a number of programs to provide loans and other credit facilities to support the economy in response to COVID-19.  Several of these programs provide for new extensions of credit for small, medium and large businesses, including the Main Street Lending Program and the Primary Market Corporate Credit Facility.  The Main Street Lending Program creates three separate facilities (“MSLFs”):  (1) the Main Street New Loan Facility, (2) the Main Street Expanded Loan Facility and (3) the Main Street Priority Loan Facility.  Each of these facilities contemplates banks and other financial institutions making “new money” loans to eligible borrowers, and in turn selling participation interests in the loans to a Fed / Treasury special purpose vehicle.  The Primary Market Corporate Credit Facility (“PMCCF”) i contemplates a Fed / Treasury special purpose vehicle that will make new money extensions of credit to eligible borrowers by directly purchasing bonds issued by them, or by making loans to such eligible borrowers, whether as a direct lender or by purchasing loans to such borrowers under syndicated loan facilities.

The Federal Reserve released and then updated term sheets for the MSLFs and PMCCF in March and April 2020 and circulated an FAQ for the MSLFs in April 2020, and the Federal Reserve Bank of New York released and circulated FAQs for the PMCCF in April and May 2020.  The term sheets and FAQs provide a number of material terms and conditions for the facilities, but many questions and issues remain in terms of structuring and implementing these facilities generally and for agents, lenders, trustees, borrowers, issuers and other parties satisfying eligibility requirements for and participating in transactions under these facilities.

The MSLFs and PMCCF, which collectively represent hundreds of billions of dollars of new money financing for borrowers and issuers, are expected to launch by the end of May 2020.

A comprehensive summary of the MSLFs and PMCCF based on the term sheets and FAQs issued to date, market reconnaissance and strategic planning and considerations around these facilities can be accessed here.  We will periodically update and supplement the MSLF/PMCCF summary and separately provide additional alerts and guidance regarding these facilities generally and the parties qualifying for and participating in transactions under these facilities.

© 2020 Bracewell LLPNational Law Review, Volume X, Number 145

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About this Author

Christopher D. Olive, Finance, lawyer, Bracewell law firm
Partner

Christopher (Chris) Olive concentrates his practice on loans, structured financings and financial assets, and derivatives and commodities transactions, and related regulatory matters.

Chris represents clients as agents, lenders, participants and borrowers on financing transactions such as revolving and term loan facilities, acquisition, energy and commodity financings, first lien/second lien financings, CMBS loan transactions, securities inventory financings, and loan participation facilities transactions involving the above referenced types of...

214-758-1092
Nicolai J. Sarad, Bracwell, Energy attorney
Partner

Nicolai Sarad advises financial institutions, developers, equity investors and governmental agencies in the United States and internationally on project structuring, development and financing, operation and maintenance, and restructurings. He focuses on transportation projects, including public private partnerships (P3), thermal and renewable power, biofuels, water, mining, process plants and major manufacturing.

Nick’s experience includes working on site selection and negotiating government incentive packages on behalf of private investors and governmental agencies. In addition, Nick represents lenders and borrowers in secured and unsecured corporate, asset-based and structured financings.

1.212.508.6174
Fernando J. Rodriguez Marin, Bracewell, energy and finance lawyer
Partner

Fernando Rodriguez Marin advises developers, investors and financial institutions on infrastructure, energy and real estate projects. He represents clients in project finance and public private partnership (P3) transactions, including roads, rail, brownfield and greenfield infrastructure projects and renewable energy projects. In addition, Fernando negotiates, drafts and reviews P3, concession and credit agreements on behalf of government agencies, private businesses and investors.

Fernando has extensive experience in Latin American and Spanish matters. He has...

1.212.508.6139
David Shargel, commercial litigation, white collar criminal defense attorney, Bracewell Law firm
Partner

David Shargel is a senior counsel in the trial section of Bracewell's New York office. His litigation practice focuses general commercial litigation, internal investigations and white collar criminal defense. Mr. Shargel's practice also involves issues surrounding electronic discovery and data management.

Mr. Shargel has litigated complex commercial disputes involving contract, business torts, insurance coverage, technology and fraud, and has litigated disputes concerning federal and state constitutional law, including the Commerce and Due...

212-508-6154
Rachel goldman, complex commercial litigation, attorney, Bracewell law
Partner

Rachel Goldman is an experienced litigator in both federal and state courts, at the trial and appellate levels. Her practice focuses on complex commercial matters, including claims for breach of contract, post-acquisition disputes, class actions, False Claims Act cases, insurance coverage disputes, contested bankruptcy matters, challenges under the Commerce Clause and the Supremacy Clause, government regulation, securities litigation, construction law, First Amendment and libel actions. Additionally, Rachel's tenure as in-house counsel provides a valuable perspective of...

212-508-6135