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Southampton FCAccess all documents on Loan Credit Default Swaps
STOP PRESS: The Loan Market Association (LMA) has released refreshed editions of the standard terms and conditions for Par and Distressed Trade Transactions, the complete set of Funded Participation and Risk Participation Agreements, and the Secondary Debt Trading Documentation User Guide, with all changes taking effect from 17 March 2026. The changes cover deletion and removal of LIBOR references, detailed amendments to IBOR rate definitions and to the Target2 definition, together with revised ERISA representations that incorporate further exemptions from the prohibited transaction rules under ERISA and the US Internal Revenue Code. The refreshed documents are accessible exclusively to LMA members via the LMA’s Documentation Hub. Sub-participation enables a lender to pass its exposure in a loan to another entity. Within the loan market, it functions as an alternative to assignment or novation. For information on loan transfers in a lending context, see Practice Note: Introductory guide to loan transfers. This Practice Note: sets out what is meant by funded sub-participation, risk-participation and credit default swaps ...
Background Loan deals are hammered out over an extended timeframe. Hedging is commonly arranged to underpin the borrowing, for example using an interest rate swap to switch a floating rate (often compounded SONIA (Sterling Overnight Index Average) or another Risk Free Rate (RFR)) under the facility agreement into a fixed rate. Yet it is typical for the hedging documents to appear only at the close of the transaction, framed as a condition precedent to drawdown of the loan and presented as a 'standard' form to be signed. This Practice Note explores the drawbacks of accepting that practice and explains how, by reviewing the International Swaps and Derivatives Association (ISDA) paperwork in the context of the facility agreement and other finance documents, parties can align terms to achieve a coherent position that mirrors the commercial bargain...
ARCHIVED: This Practice Note has been archived and is not maintained Silicon Valley Bank concentrated on providing finance to businesses—particularly early‑stage firms—in the technology and life sciences fields. Escalating concerns about the bank’s resilience triggered the withdrawal of tens of billions in deposits by customers, prompting regulatory intervention on Friday 10 March 2023 in the largest failure of a US bank since 2008. UK authorities took corresponding action. This Practice Note highlights the key matters arising from the collapse, including context, effects on deposits, lending arrangements and derivative positions, and implications for stablecoins and cryptoassets. It also signposts general resources on the legal issues surrounding bank stability. What has happened in the US? On 10 March 2023, California financial regulators seized Silicon Valley Bank, California (SVBUS) citing inadequate liquidity and insolvency, appointing the Federal Deposit Insurance Corporation (FDIC) as receiver. On 12 March 2023, the Federal Reserve, the FDIC and the Treasury Department released a joint statement confirming the FDIC’s resolution of SVBUS in a manner that...