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ARRC formally recommends fallback rates and adjustment spreads for USD LIBOR

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    ARRC-recommended fallbacks to match US statutory fallbacks

    On 15 March 2023, the Alternative Reference Rates Committee (ARRC) formallyrecommendedthe replacement rates and related adjustment spreads to be used as fallbacks for USD LIBOR after 30 June 2023.1To promote market consistency, the recommendations match thestatutory replacement ratesapplicable to US law-governed contracts under the US Adjustable Interest Rate (LIBOR) Act.

    Benchmark replacement plus spread adjustment

    Contracts and instruments that reference USD LIBOR and incorporate the ARRC'sstandard contractual fallback languageprovide that, after 30 June 2023, USD LIBOR will be replaced with the "Benchmark Replacement".2This comprises the sum of:

    (a) a forward-looking term rate; and

    (b) a spread adjustment,

    each as recommended by the ARRC as the "relevant governmental body".

    的recommendations are set out in tabular format, for ease of reference. For the majority of contracts that are not consumer loans or mortgages, they are as follows:

    LIBOR Tenor Recommended Replacement Rate Recommended Spread Adjustment
    Overnight
    SOFR 0.00644%
    One-month One-month CME Term SOFR 0.11448%
    Three-month Three-month CME Term SOFR 0.26161%
    Six-month Six-month CME Term SOFR 0.42826%
    Twelve-month 十二个月的CME术语SOFR 0.71513%

    Legacy contracts only

    In its communication, the ARRC notes that its recommendations are intended for use as fallbacks in legacy contracts only, and are not intended to apply to new contracts.

    ARRC还指出,标准fallback provisions are not hardwired into a contract, but the ARRC-recommended fallback rates are selected thereunder in accordance with a replacement rate determination process, such use is at the discretion of the contracting parties.

    For more information, see ourLIBOR Transition Hub.

    Authors:Mike Logie and Kirsty McAllister-Jones

    Footnotes

    1. The date from which all remaining USD LIBOR tenors will either be discontinued or will cease to be representative.

    2. This assumes that interpolation is not available.

    的information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to.
    Readers should take legal advice before applying it to specific issues or transactions.

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