January 25, 2021

Volume XI, Number 25

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January 22, 2021

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LIBOR Administrator Signals the Phase-Out of LIBOR to Begin in 2022

On November 30, 2020, the ICE Benchmark Administration Limited (IBA), the administrator of the London Interbank Offered Rate (LIBOR), announced that it would consult on its plan to cease the publication of one-week and two-month USD LIBOR immediately after December 31, 2021 and to cease the publications of the remaining tenors of USD LIBOR (one, three, six, and 12-month) immediately after June 30, 2023. This follows a similar announcement from IBA earlier in the month regarding GBP, EUR, CHF and JPY LIBOR. IBA’s consultation for feedback will open in early December 2020 and is expected to close by the end of January 2021.

The Federal Reserve Board (the Federal Reserve) issued a statement applauding IBA’s decision to target a clear end date for USD LIBOR. The Federal Reserve noted that the cessation dates announced by IBA would allow time for “legacy contracts” to mature, creating a smooth transition from LIBOR to the new benchmark rate promoted by the Federal Reserve, the Secured Overnight Financing Rate (SOFR). The Federal Reserve, the Office of the Comptroller of the Currency (OCC), and the Federal Deposit Insurance Corporation (FDIC) have jointly advised banks to stop entering into new LIBOR-based contracts as soon as practicable, but in any event by the end of 2021, noting that “failure to prepare for disruptions to USD LIBOR, including operating with insufficiently robust fallback language, could undermine financial stability and banks’ safety and soundness.”

These announcements are welcome news, indicating that the transition away from LIBOR is proceeding according to the schedule laid out by the Alternative Reference Rates Committee (ARRC) earlier this year, despite the stresses the COVID-19 pandemic has placed on the world economy. We expect final announcements regarding the dates for the cessation of all USD LIBOR tenors to come in early 2021, after the end of IBA’s consultation period.

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Copyright © 2020 Womble Bond Dickinson (US) LLP All Rights Reserved.National Law Review, Volume X, Number 335
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Merrick Benn Risk Management Lawyer Womble Bond Law Firm
Partner

Equipment finance companies and banks rely on Merrick Benn to provide real-world solutions to everyday business challenges, balancing risk management with helping companies grow.

Merrick’s practice includes the handling of all aspects of equipment financing transactions including substantial experience in structuring, documenting and negotiation of single investor Lease Agreements (true/tax motivated, finance, TRAC and synthetic), secured financings, progress payment financings, syndications,  leveraged financings, cross-border transactions, discounting, inventory and receivables...

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B. Taber Cathcart PARTNER Financial Institutions
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Taber Cathcart is co-leader of the Firm’s Financial Services Sector Team and a Partner in the Firm’s Capital Markets Group. She focuses her practice on diversified financial transactions, primarily concentrating on senior and subordinated debt transactions, including acquisition finance, real estate and working capital credit facilities.

Taber has a broad range of experience representing financial institutions, investment firms and institutional investors in a variety of roles, including as agent banks, arrangers, underwriters and lead senior and or mezzanine debt providers, whether...

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Erik J. Chamberlin Corporate and Finance Attorney Womble Bond Dickinson Charlotte, NC
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*Erik is not licensed to practice law in North Carolina.  His activities are supervised by a lawyer licensed to practice in North Carolina. 

Erik Chamberlin is an attorney in our capital markets group with several years of experience working on corporate and finance-related matters.  Erik has a wide range of experience representing lenders, borrowers, issuers, and underwriters in a variety of financing structures. He represents clients through all stages of a transaction, including drafting and negotiating transaction documents and guiding them through the closing process...

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