2021 sees the phasing out of the long established London
inter-bank offer rate (LIBOR), with global regulators reiterating
that market participants cannot rely on LIBOR being published
beyond 31 December. As the global financial market prepares itself
to transition from interbank offered rates to a new era of
objective quantification offered by risk-free reference rates
(RFRs), financial institutions and other lenders are considering
how to document the necessary amendments to a raft of legacy
facilities.
At the same time lenders will need to be conscious that, in the
case of secured facilities, any amendment to the underlying
facility agreement may have an impact on the continued validity of
security.