ARTICLE
31 August 2021

The End Of LIBOR

WS
Winckworth Sherwood

Contributor

A full-service law firm with a diverse client base, Winckworth Sherwood prides itself on providing market-leading advice across a broad range of sectors and markets. Delivering a first class service is key to everything we do.

Our clients range from some of the UK’s largest businesses and institutions, housebuilders and developers through to investors, professional partnerships, family offices, not for profit organisations and private individuals – all of which benefit from the flexible, practical approach of our lawyers.

We can trace our firm’s history back to 1777 and although much has changed in that time there is one constant: our desire to be a dependable, trusted advisor to our clients. We are proud of our ability to adapt and truly understand the needs of our clients at any given point in time.

Winckworth Sherwood has earned a reputation for successfully delivering high value, high profile projects throughout the UK and demonstrating the highest levels of client service.

LIBOR publication will cease on 31 December 2021 – possibly sooner, if major banks cease to supply rates. No new LIBOR debt should have been issued after Q1
United Kingdom Finance and Banking

LIBOR publication will cease on 31 December 2021 - possibly sooner, if major banks cease to supply rates. No new LIBOR debt should have been issued after Q1, and the Bank of England's Sterling Working Group has reiterated that all legacy LIBOR loans should be transitioned to a risk-free-rate (probably SONIA) by the end of September.

There is work to be done - commercially, operationally and legally - to ensure a smooth transition:

  • Commercially: parties should be discussing transition parameters, in particular the credit adjustment spread for any existing LIBOR debt;
  • Operationally: systems, and treasury teams, must be ready to calculate and apply backward-looking SONIA-based interest rates; and
  • Legally: legacy LIBOR loans need to be amended to adopt SONIA-interest rate calculations, to apply from either: (1) the amendment date; or (2) a pre-agreed trigger date (e.g. once LIBOR ceases to be published). Consider whether all finance documents should be aligned to the same methodologies and market conventions. The "rate switch" option may be useful for borrowers wanting to actively transition their loan book whilst leaving more time to prepare operationally. But both options will require amendment, and possibly a full restatement, of the underlying contract. Fallback provisions may well be unclear and will be impractical for any length of time. Redocumentation is needed.

Conversations need to be had, and decisions need to be made. The sooner this process is started, the better. We would be happy to assist.

Originally published 13 May 2021.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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