Court and Non-representative: Difference between pages

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imported>Doug Williamson
(Create page. Source - The LMA’S recommended forms of facility agreement for loans referencing risk-free rates - A Borrower’s Guide - Slaughter & May - ACT - May 2021 - p11)
 
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1.  
''Interest rates - reference rates - LIBOR transition.''


A public institution for the resolving of disputes.
A rate losing representativeness means it is considered by the regulator to have ceased being representative of the underlying market or economic reality it is supposed to represent, and that representativeness will not be restored.  


For example, the European Court of Justice.  
A rate becoming non-representative in this way may be a trigger for the application of fallback rate provisions, rate switch provisions, or clauses providing for the re-negotiation of the agreement in question to replace the relevant rate, all of which may appear in LIBOR-referencing loans.


If a rate such as LIBOR loses representativeness, regulated financial institutions will be prevented from
using it in many contexts by the EU and UK regulatory framework that governs the use of important benchmarks.


2.
For all practical purposes, this means that if a LIBOR rate becomes non-representative, the consequences are no different to had it ceased.


A senior and authoritative internal structure within an organisation.
:''(Source - The LMA’S recommended forms of facility agreement for loans referencing risk-free rates -
 
A Borrower’s Guide - Slaughter & May - ACT - May 2021 - p11)''
For example, the Court of Directors of the Bank of England.
 
 
3.
 
Historically, a monarch and their closest supporters and advisers.




== See also ==
== See also ==
* [[Bank of England]]
* [[Base rate]]
* [[Claimant]]
* [[Benchmark]]
* [[Defendant]]
* [[Benchmarks Regulation]]
* [[Jurisdiction]]
* [[Fallback]]
* [[Per incuriam]]
* [[Financial Conduct Authority]]
* [[Petition]]
* [[Provision]]
* [[Preliminary rulings]]
* [[Rate switch]]
* [[Sovereign]]
* [[Reference rate]]
* [[SOFR]]
* [[SONIA]]
* [[Synthetic LIBOR]]
* [[Transition risk]]
* [[Waterfall]]


[[Category:Compliance_and_audit]]
[[Category:Accounting,_tax_and_regulation]]
[[Category:The_business_context]]
[[Category:Investment]]
[[Category:Long_term_funding]]
[[Category:Identify_and_assess_risks]]
[[Category:Manage_risks]]
[[Category:Risk_frameworks]]
[[Category:Risk_reporting]]
[[Category:Financial_products_and_markets]]

Revision as of 21:59, 19 July 2021

Interest rates - reference rates - LIBOR transition.

A rate losing representativeness means it is considered by the regulator to have ceased being representative of the underlying market or economic reality it is supposed to represent, and that representativeness will not be restored.

A rate becoming non-representative in this way may be a trigger for the application of fallback rate provisions, rate switch provisions, or clauses providing for the re-negotiation of the agreement in question to replace the relevant rate, all of which may appear in LIBOR-referencing loans.

If a rate such as LIBOR loses representativeness, regulated financial institutions will be prevented from using it in many contexts by the EU and UK regulatory framework that governs the use of important benchmarks.

For all practical purposes, this means that if a LIBOR rate becomes non-representative, the consequences are no different to had it ceased.

(Source - The LMA’S recommended forms of facility agreement for loans referencing risk-free rates -

A Borrower’s Guide - Slaughter & May - ACT - May 2021 - p11)


See also