Now that the formal end dates for LIBOR have been announced by the FCA, it’s time to consider some of the practical implications of the announcement. With the original end date scheduled for the end of 2021, many in the market breathed a collective sigh of relief at the possibility of an extension of the deadline. Among all the other complicated tasks to be completed before LIBOR’s demise, getting borrowers, many of which are oblivious to the coming change, to amend the millions of legacy loans originated before the end of LIBOR was even contemplated is a particularly daunting one.
Although the 1-week and 2-month US dollar LIBOR tenors will still end on December 31, 2021, the 1-month, 3-month and 6-month LIBOR tenors used in the majority of loans will now end on June 30, 2023. By design, this extension has a number of effects. First, it reduces the number of legacy loans that will need to be amended to replace LIBOR, since some of those loans will expire by their terms during the additional time period. Second, it gives a lender more leverage to amend some of its loans. A borrower that wants to extend a loan that is expiring or that wants or needs an amendment or waiver during such time will not be able to just say no to a new interest rate. Third, for all legacy loans, it gives lenders more time to prepare for and explain to their borrowers the coming change.
Delaying the amendment of legacy loans is not entirely advantageous to lenders. Since lenders will not be permitted to originate new LIBOR loans after 2021, extending the wind down of LIBOR lengthens the period of time during which lenders will have to maintain and keep track of LIBOR and the replacement rates. Delaying amendment of legacy loans will also delay adoption of the new rates, which can hinder their success, for example in the development of Term SOFR.
Still, with all the other tasks that remain to be completed, it’s good to be able to put a major part of the work on the back burner to focus on getting replacement rates operational. Legacy loans are not completely out of mind—the LSTA should be coming out soon with sample forms of LIBOR transition amendments and notices for syndicated loans, which can be modified for other loans. Perhaps by the time comes for them to be used, the transition of legacy loans will not be such an insurmountable task.
Duane Morris’ LIBOR Transition Team: Roger S. Chari, Chair, Joel N. Ephross, Amelia (Amy) H. Huskins, Phuong (Michelle) Ngo, and Han Wang.