skip to log on skip to main content
VoiceOver users please use the tab key when navigating expanded menus

LIBOR Transition Customer Frequently Asked Questions

These updated Frequently Asked Questions (FAQ) should be read in conjunction with ANZ’s ‘LIBOR Transition Customer Presentation’ and the May 2020 version of the FAQs.

ANZ believes the information contained in these FAQs to be accurate as at April 2021. ANZ is not obliged to update the information or notify you should any information in these FAQs cease to be correct. The information contained in these FAQs is high level and intended to be a summary only. The FAQs should not be relied on as being current, complete or exhaustive. This information has not been prepared specifically for you or taking into account your particular circumstances.

LIBOR transition is a constantly evolving topic and this means information quickly becomes out of date. You should make sure to keep yourself up to date and informed on LIBOR Transition issues using current information.

The information in these FAQs is not intended in any way, and should not be interpreted, as ANZ providing advice to you. ANZ cannot advise you about LIBOR Transition and cannot provide you with any advice or recommendations. You must seek your own independent accounting, legal, regulatory, systems, tax or other advice about the impact of LIBOR Transition on your business.

These FAQs are intended for all customers with ANZ products referencing LIBOR. In case of conflict between these updated FAQs and the May 2020 version, the information in these updated FAQs take precedence.

To assist you, these updated FAQs include important information about recent market developments in, and ANZ’s current plan for LIBOR Transition.

The content of these FAQs have not been reviewed by any regulatory authority

The London Interbank Offered Rate (LIBOR) is known as the ‘most important number in the world’. It underpins about USD400 trillion worth of financial contracts globally, ranging from complex derivatives to home loans and credit cards. However, LIBOR is ending. The recent official announcement from the regulator of LIBOR’s administrator has started the countdown clock for the end of LIBOR in December 2021 (for non-USD LIBOR) and June 2023 (for USD LIBOR).

Industry working groups (supported by regulatory agencies) have set milestones for the transition away from LIBOR. Now is the time to take active steps to move away from LIBOR.

LIBOR Transition is a complex change to the financial markets and to lending arrangements. Planning ahead and actively engaging on these matters should enable customers to efficiently resolve their concerns.

The impact of LIBOR Transition will be different on each market participant. To assist in navigating these FAQs:

  • If you have outstanding derivative transactions, consider in particular Derivatives
  • If you have outstanding loan transactions, consider in particular Loans
  • If you have outstanding trade and supply chain transactions, consider in particular Trade and supply chain finanace

In any event, you should read the FAQs in their entirety.

LIBOR Transition introduces a new language to the financial market. We have included a Glossary of the more common terms used in the market in Glossary. The Glossary is not intended to be exhaustive but it does provide an introduction to the new language of risk-free rates.

Your usual ANZ representative is your point of contact for questions about transitioning your LIBOR referencing products from ANZ.

The end of LIBOR

On 5 March 2021, the Financial Conduct Authority (FCA), announced all LIBOR settings will either cease to be published or will be considered no longer representative. The FCA is the regulator of the administrator of LIBOR (ICE Benchmark Administrator (IBA)).

The following LIBOR settings will permanently cease to be published on the cessation date set out in the table below.

Currency cessation dates

Currency

Setting

Cessation Date

EUR

All settings

31 December 2021

CHF

All settings

31 December 2021

JPY

Spot Next, 1W, 2M, 12M

31 December 2021

GBP

Overnight, 1W, 2M, 12M

31 December 2021

USD

1W, 2M

31 December 2021

USD

Overnight, 12M

30 June 2023

For the remaining LIBOR settings (1M, 3M and 6M in USD, GBP and JPY), the FCA announced these will no longer be considered representative of the underlying market and representativeness will not be restored from the dates set out below.

Currency cessation dates

Currency

Setting

Cessation Date

JPY

1M, 3M, 6M

31 December 2021

GBP

1M, 3M, 6M

31 December 2021

USD

1M, 3M, 6M

30 June 2023

All 35 LIBOR settings will either cease to be published by the LIBOR administrator or no longer be representative immediately after the dates set out above. This means there will be a staggered cessation of LIBOR rates.

LIBOR is published in five currencies – USD, GBP, JPY, EUR and CHF. For each currency impacted by LIBOR cessation, national public authorities and private sector working groups have identified an alternative overnight risk-free rate (RFR) which can be used as an alternative benchmark for the existing interbank offered rate. These are intended to replace LIBOR for most financial instruments denominated in those currenciesdisclaimer. The identified RFR for each of the LIBOR currencies is set out in the table below:

RFR settings for each currency

Currency

Setting

USD

SOFR (Secured Overnight Financing Rate)

GBP

SONIA (Sterling Overnight Index Average)

JPY

TONAR (Tokyo Overnight Average Rate)

EUR

€STR (Euro Short Term Rate)

CHF

SARON (Swiss Average Rate Overnight)

Although the market is moving towards using RFRs in loans, derivatives and bonds, a RFR-based rate may not be appropriate for you in every circumstance. You may wish to consider alternative solutions and options that are more suitable to your specific objectives and needs. For example, you could consider a move to a fixed interest rate, or potentially an ANZ reference rate (or similar). ANZ is happy to discuss potential alternative rates with you.

ANZ expects most Trade & Supply Chain products to transition to Term RFRs rather than overnight RFRs due to the interest in advance/discounting nature of these products. Refer to Will ANZ be offering a Term RFR for loans? and the Trade and supply chain finance section for more detail.

AUD BBSW and NZD BKBM are still expected to continue to operate in the same way they currently do. Australia and New Zealand will operate in multi-rate environments.

The Reserve Bank of Australia (RBA) confirmed in a keynote address at the International Swaps and Derivatives Association (ISDA) Benchmarks Strategies Symposium in March 2021, that BBSW remains robust in the Australian market. In the same address, the RBA reminded the audience that 1-month BBSW is less liquid than other settings and users of 1-month BBSW should consider using alternative benchmarks due to the lack of liquidity in this market.

There are legislative solutions relating to benchmark transition being considered in the UK, the European Union and in the United States. In the UK, a Financial Services Bill was introduced into the UK Parliament in October 2020. The purpose of the UK Financial Services Bill included reducing uncertainty for ‘tough legacy’ contracts by enhancing the powers of the FCA to address benchmark transition issues. ‘Tough legacy’ contracts and instruments are those that do not contain fallbacks or contain inappropriate fallbacks and cannot practically be transitioned away from a LIBOR rate by amendment.

In the European Union, amendments have been made to the EU Benchmarks Regulation to enable the European Commission to designate statutory successors to affected benchmark rates for contracts with no or no suitable fallback provisions.

In the US, bills for New York-specific legislation were introduced in January 2021 into the New York state legislature and signed into law on 7 April 2021. The legislation is aimed at minimising legal uncertainty and potential economic impacts on LIBOR cessation. The legislation addresses those contracts without effective fallbacks that are written under New York law. The potential for US federal legislation is also under discussion in US Congress.

The extraterritorial reach of each of the legislative solutions (as proposed or passed) in the UK, European Union and the US needs to be considered individually and specifically as they are limited by the powers of each of the legislative bodies making the laws. While they may be useful in certain circumstances, the legislative fixes may not provide a universal solution.

The FCA announced it will consult in Q2 2021 on the continued publication on a ‘synthetic’ basis for certain GBP and JPY LIBOR settings. The proposed settings for ‘synthetic’ LIBOR are set out in the table below.

"Synthetic" LIBOR

Currency

Setting

Synthetic LIBOR end date

GBP

1M, 3M, 6M

To be determined

JPY

1M, 3M, 6M

30 December 2022

The FCA has said it will continue to consider the case for requiring continued publication of US dollar 1M, 3M and 6M LIBOR settings on a ‘synthetic’ basis. No decision has been made yet for a synthetic USD LIBOR.

Publication of ‘synthetic’ rates is intended to protect consumer and market integrity, in particular in circumstances where it is unlikely to be feasible to convert certain legacy contracts to alternative reference rates (e.g. as described in Q4 above). Any ‘synthetic’ rates that are published would not necessarily be representative of underlying markets or economic reality. There is no guarantee the FCA will compel IBA to publish a ‘synthetic’ LIBOR rate beyond the official cessation dates or at all.

‘Synthetic’ LIBOR cannot be relied upon to transition legacy contracts.

On 5 March 2021, the FCA announced the dates on which panel bank submissions for all LIBOR settings will cease, after which representative LIBOR rates will no longer be available. ISDA confirmed this FCA announcement to be an “Index Cessation Event” under fallbacks introduced by Supplement 70 to the 2006 ISDA Definitions. However, the FCA announcement did not immediately trigger the LIBOR fallbacks to come into effect. The LIBOR fallbacks will apply from the Index Cessation Effective Date which in respect of a LIBOR setting will be the date on which such LIBOR setting ceases to be published or becomes non-representative.

The Alternative Reference Rates Committee (ARRC) confirmed the 5 March 2021 announcement by FCA constituted a “Benchmark Transition Event” for all USD LIBOR settings under the ARRC recommended fallback language for new issuances or originations of LIBOR floating rate notes, securitizations, syndicated business loans and bilateral business loans.

A “Benchmark Transition Event” is a public statement by the IBA (as the LIBOR administrator) stating LIBOR settings will cease to be provided by it and are considered no longer representative. The occurrence of a Benchmark Transition Event does not require an immediate transition under the ARRC recommended fallback language. Actual transition is based on the “Benchmark Replacement Date”. For USD LIBOR settings, this is (i) 31 December 2021 for 1W and 2M USD LIBOR and (ii) 30 June 2023 for all other USD LIBOR settings.

The FCA cessation announcement also triggered the fixing of the spread adjustment applicable to ISDA’s IBOR fallbacks (introduced through the recent ISDA IBOR Fallbacks Protocol and Supplement 70 to the 2006 ISDA Definitions). The ISDA spread adjustment is now fixed and will not change going forward. Details of the spread adjustment applicable to the 35 LIBOR settings are contained in a statement by Bloomberg Index Services Limited (BISL).

The benchmark rates for the currencies of Singapore, Thailand, India and the Philippines need to be replaced due to their dependency on USD LIBOR as an input. The scheduled cessation of USD LIBOR will materially impact the operation of these rates.

Each of the fallbacks for these Asian IBOR benchmark rates use ‘Adjusted SOFR’ compounded in arrears for the relevant setting (as published by BISL) together with a credit adjustment spread instead of USD LIBOR. The Asian IBOR benchmark fallback rates can only be used for legacy transactions/contracts as prescribed by the local authority. You can find more information about timing of the use of rates in different markets in When will LIBOR stop being used in new product issuances? Bloomberg will not be publishing Fallback SOR or Fallback THBFIX. These rates will be provided by ABS Administration Co Pte. Ltd. and the Bank of Thailand respectively.

Figure 1

Fig 1: Asian IBOR benchmarks

Currency

Asian IBOR Benchmark

Authority

Asian IBOR Benchmark Fallback

Asian Replacement Rate

SGD

SOR

Monetary Authority of Singapore

Fallback SOR

Singapore Overnight Rate Average (SORA)

THB

THBFIX

Bank of Thailand

Fallback THBFIX

Thai Overnight RepurchaseRate (THOR)

INR

MIFOR

Reserve Bank of India

Adjusted MIFOR

Modified MIFORdisclaimer

PHP

PHIREF

Banker’s Associationof Philippines 

PHIREF using compoundedSOFR Adjusted – set in arrears 

Still in development

The fallback and replacement rate for each of these Asian IBOR benchmarks are set out in Fig.1 above.

ANZ’s current understanding is that existing transactions referencing these Asian IBOR benchmarks can continue to do so until 30 June 2023. After 30 June 2023, their respective replacement rates will need to be used. This is subject to future guidance from the regulators or the applicable administrators for the continued use and construction of these benchmarks.

Best practice milestones

Although LIBOR rates are ceasing at the end of December 2021 (for non-USD) and June 2023 (for USD), their use in new product issuance must stop before then. Through the national working groups in each country (firmly supported by relevant regulatory agencies), recommended milestones have been published to inform market participants of when they should be ceasing new issuance of products referencing LIBOR. These milestone dates are different depending on the benchmark rate and product type. Fig.2 below provides a summary of these milestones. This table is current as at end of March 2021.

The milestones are subject to change and may also change without notice.

Figure 2. Summary of milestones

Summary of Milestones

Milestone Date and CCY

Source

Product & Action

31 March 2021
GBP

UK RFRWG

Cease issuance of new GBP LIBOR bonds, loans, securitisations and linear derivatives expiring after end-2021, except forrisk management of positions

30 April 2021
SGD

SC-STS

All lenders to offer SORA products and stop usage of SOR in new cash market products that mature after end-2021

30 June 2021
USD

ARRC

Cessation of use of USD LIBOR in new bi-lateral business loans, securitizations and derivativesdisclaimer

30 June 2021
GBP

UK RFRWG

Cease issuance of new GBP LIBOR non-linear derivatives except for risk management of positions 

30 June 2021
JPY

CIC on JPY

Cease the issuance of new loans and bonds referencing LIBOR 

1 July 2021
TBH

BOT

Financial institutions are prohibited to offer new loans, bonds, structured products and other securities referencing THBFIX maturing after 30 June 2023 

31 July 2021
JPY

Term rate sub-groupof CIC on JPY 

New quoting conventions for JPY interest rate swaps market to be based on TONA 

Q2/Q3 2021
GBP

UK RFRWG

Cease initiation of new cross-currency derivatives with a GBP LIBOR-linked leg

30 September 2021
USD

ARRC

Cessation of use of USD LIBOR in new collateralised loan obligations

30 September 2021
SGD

SC-STS

Cease use of SOR in new derivatives

All banks to stop new use of SIBOR

30 September 2021
JPY

Term rate sub-groupof CIC on JPY 

No new JPY LIBOR interest rate swaps except for risk management of existing positions

31 December 2021
Non-USD

FCA

GBP, EUR, JPY, CHF LIBOR all tenors end

31 December 2021
USD

FCA

1W and 2M USD LIBOR end

31 December 2021
USD

US Fed, FDIC, OCC

Cease entering into new contracts using USD LIBOR as soon as practical and in any event by December 2021, except forlimited circumstancesdisclaimer

31 December 2021
All currencies

HKMA

Authorised institutions should cease to issue new LIBOR based products that mature after 2021

31 March 2022
SGD

SC-STS

6M SIBOR ends

31 December 2022
SGD

SC-STS

Aim to complete active transition for legacy SOR cash contracts

30 June 2023
USD

FCA

O/N, 1M, 3M, 6M & 12M USD LIBOR end

30 June 2023
SGD

SC-STS

SOR ends

31 December 2024
SGD

SC-STS

1M & 3M SIBOR end

31 December 2024
JPY

JBATA

JPY Euroyen TIBOR end (subject to outcome of industry consultation)

UK RFRWG – Working Group on Sterling Risk-Free Reference Rates

SC-STS – Steering Committee for SOR and SIBOR Transition to SORA

ARRC – Alternative Reference Rates Committee

CIC on JPY – Cross-Industry Committee on Japanese Yen Interest Rate Benchmarks

HKMA – Hong Kong Monetary Authority

BOT – Bank of Thailand

FCA – Financial Conduct Authority

US Fed – Board of Governors of the Federal Reserve System

FDIC – Federal Deposit Insurance Corporation

OCC – Office of the Comptroller of the Currency

JBATA – Japan Banker’s Association TIBOR Administration

On 30 November 2020, the Board of Governors of the Federal Reserve System (US Fed), the Office of the Comptroller of the Currency (OCC), and the Federal Deposit Insurance Corporation (FDIC) issued a statement to “encourage banks to cease entering into new contracts that use USD LIBOR as a reference rate as soon as practicable and in any event by 31 December 2021”. Following the FCA cessation announcement, the ARRC reconfirmed their industry guidance to cease use of USD LIBOR in new bi-lateral business loans, securitizations and derivatives from end of June 2021.

Market participants need to prepare for a substantial reduction in new USD LIBOR activity post June 2021, and plan for a complete cessation of new USD LIBOR transactions at the end of 2021.

Industry updates

Derivatives

On 23 October 2020 ISDA published Supplement 70 to the 2006 ISDA Definitions (Supplement 70) and the ISDA 2020 IBOR Fallbacks Protocol. Supplement 70 amends the 2006 ISDA Definitions to add new robust contractual fallback provisions to certain ‘floating rate options’, including LIBOR based rates for transactions entered into from 25 January 2021. The ISDA Fallbacks Protocol, if adhered to by both parties, amends legacy transactions (entered into by adhering parties before 25 January 2021) to include the same fallbacks as contained in Supplement 70.

There has been widespread adoption of the ISDA IBOR Fallbacks Protocol. As of April 2021, there are approximately 14,000 adherents.

Yes. ANZ has adhered to the ISDA IBOR Fallbacks Protocol.

You can still adhere to the ISDA IBOR Fallbacks Protocol via the ISDA website. ANZ representatives will be reaching out to all non-adhering counterparties and customers who have derivative transactions with ANZ that are impacted by LIBOR Transition and extend beyond the relevant cessation date/date of non-representativeness to discuss their plans for those transactions. These discussions will likely include what amendments (if any) might need to be made to your existing derivative transactions if you decide not to adhere to the ISDA IBOR Fallbacks Protocol.

London Clearing House (LCH) has announced plans to conduct a ‘big bang’ transition of all cleared derivatives shortly before their LIBOR cessation dates. LCH is expected to run a conversion process in late 2021 for CHF/EUR/GBP/JPY LIBOR contracts. Any conversion process for USD LIBOR contracts is expected to occur at a later date.

LCH proposes to convert outstanding LIBOR contracts into corresponding RFR-based contracts where:

  • LIBOR is replaced by the relevant compounded RFR plus a non-compounded spread adjustment in the LIBOR leg
  • observation and payment dates in the LIBOR leg will follow the current market standard for the relevant RFR contract
  • the non-LIBOR leg of the contract is left unchanged
  • cash compensation is applied to neutralise any small residual valuation difference
  • from an operational perspective, the process will involve termination of the LIBOR contract and re-booking as a RFR contract

The Chicago Mercantile Exchange (CME) is currently consulting on a similar conversion plan.

CSAs referencing EONIA as an interest rate for eligible EUR cash collateral will need to be amended as EONIA is ceasing at the end of 2021. These CSAs will need to be amended to replace EONIA with €STR. ANZ is in the process of amending CSAs to replace EONIA with €STR.

Market participants may also want to consider the impact of LIBOR Transition on USD derivatives. Currently ANZ’s CSAs reference Fed Funds for USD cash collateral. While US Fed Funds will continue to exist, market participants might want to consider the impact of SOFR replacing US Fed Funds as the main benchmark interest rate for USD cash collateral. ANZ does not currently propose to amend CSAs for any changes to the interest rate applicable to USD cash collateral for the time being. If this changes, ANZ will contact impacted counterparties.

Where there are LIBOR referencing derivative transactions covered by a master agreement not subject to the ISDA IBOR Fallbacks Protocol (such as transactions under the German DRV or the Chinese NAFMII agreements), these will need to be separately amended. Industry bodies are expected to provide guidance for how these transactions will be amended to add fallbacks. Any Global Master Repurchase Agreements that are not amended by adherence to the ISDA IBOR Fallbacks Protocol will need to be separately amended in order to make changes to the default interest rate.

You may have also entered into a non-derivative contract with ANZ such as bullion loan agreements which reference USD LIBOR as the default interest rate. These agreements will also need to be bilaterally amended to replace the default interest rate.

For any agreements needing separate amendment, ANZ will be in contact in due course about how these agreements can be amended.

For LIBOR referencing floating/floating cross currency swaps which incorporate the ISDA IBOR fallbacks, the non-USD LIBOR leg will automatically switch to reference RFR plus spread adjustment after 31 December 2021. The USD LIBOR leg will continue to reference USD LIBOR until 30 June 2023. Industry conventions remain uncertain for cross currency swaps. At this stage it is unclear whether industry has a preference to transition early to a RFR/RFR cross currency swap or use the ISDA IBOR fallbacks to transition one leg of the cross currency swap at a time.

Whilst adhering to the ISDA IBOR Fallbacks Protocol or incorporating Supplement 70 into the terms of derivatives transactions ensures these transactions have robust contractual fallbacks and will survive LIBOR cessation, you still need to consider the implications of actively transitioning your transactions from LIBOR to alternative rates. You should be aware if you are relying on fallbacks that you also should also consider the following now:

  • At the time of LIBOR cessation, your LIBOR derivative transactions will switch to referencing a fallback rate instead of LIBOR. You should carefully consider how closely the fallback rate aligns to the rate you are intending to hedge
  • When a fallback rate applies, payments under your LIBOR derivative transactions will be calculated using the “all-in fallback rate” published by BISL. Instead of being known at the beginning of an interest period, the amount of this payment using the “all-in fallback rate” will not be known until the end of the interest period
  • How your systems will cope with the operational change to legacy derivative transactions. Systems may not automatically adjust to a new rate being available at the end of an interest period (rather than at the beginning of the interest period)
  • Are there any valuation impacts to your legacy derivative transactions from the change in rate to the fallback rate? How will you risk manage the fallback rate? How will you manage your portfolio of new and legacy transactions referencing different interest rates?

Loans

The key differences between LIBOR and RFRs include:

  • Term structure and credit spread: A RFR-based loan uses a daily published rate which does not include a term structure or a credit spread. The RFR is risk-free (or almost risk-free) and may be secured or unsecured. By contrast, a LIBOR-based loan uses a forward-looking unsecured term rate.
  • Interest Periods: LIBOR is published daily for a range of settings (for more information about settings see When will LIBOR cease?). RFRs are currently only available as an overnight rate.
  • Different administrators: LIBOR is currently published by a single administrator (IBA) in respect of five currencies (USD, GBP, CHF, JPY and EUR). RFRs will be published by administrator(s) in each jurisdiction for their currency only. Operational changes are needed to accommodate the different rate sources when using RFRs.
  • Change in rate publication date and time: RFRs for any business daydisclaimer (in the relevant jurisdiction) are made available at a specified time on the next business day. By contrast, LIBOR is published daily for particular settings and is available before, or at the start of, the interest period for a LIBOR loan

These differences mean parties to a loan moving from LIBOR to RFR need to reconsider some of the key commercial conventions and terms applying to the loan for the calculation of interest.

While a daily observation of RFR could be used to calculate interest over any given period, this presents practical and operational complexities for both banks and customers. Instead, RFRs are averaged over the interest period. There are 2 main averaging methods used to calculate interest based on a RFR, either by:

  • calculating a simple average interest rate over an interest period using daily RFR observations
  • compounding the interest rate (on a cumulative or non-cumulative basis) over an interest period 

To be able to calculate a compounded interest rate using a RFR, there are different methods available in the market. The different compounded interest calculation methods are considered in more detail in How do RFRs work in transition?.

ANZ currently observes the non-US market favouring what is known as the “daily non-cumulative compounded rate in arrear” approach as recommended by the UK RFRWG. In general, this approach is aimed at balancing the time value of money with reduced operational complexity. ANZ currently observes the US market trending in a different direction. This is discussed in further detail below.

For loans with ANZ using ANZ Standard Terms and the ANZ letter of offer, ANZ expects to use the “daily non-cumulative compounded rate in arrear” approach as recommended by the UK RFRWG. If you wish to use a methodology which differs from this approach, you will need to bilaterally agree your loan terms with ANZ using a bilateral facility agreement.

For loans needing to be bilaterally negotiated or obtained through a syndicate or club, there are other key commercial considerations around loan terms and conventions needing to be considered such as:

  • The key inputs into the relevant rate calculation such as applicable business day conventions, the length of the interest period, any adjustments to be made to the RFR, the compounding calculation methodology and the notice period for payment of interest
  • The length of the “lag” (whether that is the Lookback Period or the Observation Shift) for the calculation of the interest amount payable and when the interest payment will be made
  • Agreeing the Credit Adjustment Spread (CAS) to manage the differential between LIBOR and RFR. We provide further detail on this in What is a Credit Adjustment Spread (CAS) in loans? 
  • Ensuring the rate floor in the loan appropriately reflects the move from a rate based on LIBOR to a rate based on a RFR plus CAS
  • If a rate switch structure is to be used, agreeing the relevant switch mechanics and backstop rate switch dates
  • Consequential changes associated with the move to a RFR-based rate including:
    • revised fallbacks in the event the RFR is not available (such as to a central bank rates)
    • break costs and prepayment management
    • market disruption events

In addition, you should consider your overall financing arrangements (i.e. your loans, bonds and hedging) and the relationship between these different instruments. For example, compare the fallbacks in your loans with those in your hedges. This can be complex. You should seek independent accounting, tax and legal advice about the implications of this relationship for you as well as more generally about transition.

Although the development of consistent market conventions for loans has been slow, ANZ has more recently started to observe in non-US deals:

  • Use of a “daily non-cumulative compounded rate in arrear” methodology. This methodology enables market participants to preserve the traditional flexibility found in a LIBOR loan such as charging interest for an interest period and accommodate intra-period events such as prepayments
  • Use of a 5 business day Lookback (refer to the Glossary)
  • Use of a non-Observation Shift methodology (although there remain some transactions where an Observation Shift is being considered or used) (refer to the Glossary)
  • Use of central bank rates as the first fallback in the event the relevant RFR is unavailable. The way in which the central bank rate is adjusted is a point for commercial negotiation between the parties. For example, ANZ has observed parties adopting an averaging approach to adjust the central bank rate at the time a RFR becomes unavailable
  • The operation of the rate floor in a loan generally following the UK RFRWG recommended position. That is, the floor applying to the sum of the base rate and the CAS. In the event the sum of the base rate and CAS is less than the floor (usually zero), the base rate adjusts to ensure that the aggregate of the base rate + CAS equates to the floor value

The positions noted above reflect ANZ’s observations from recent non-US bilateral, syndicated and club loan deals. These terms are commercial matters you will need to agree with your lenders for bilateral, syndicated and club loans. The positions noted above may not necessarily reflect the commercial position that you wish to take. On the other hand, lenders may have a preferred commercial position on these terms and will also need to have regard to other considerations such as the operational risk and costs associated agreeing non-standard positions.

ANZ has observed a split between the approach taken to loan conventions in the US market and the approach taken in the rest of the world. In the US, the ARRC-recommended positions for syndicated, club and bilateral loans for USD denominated loans differ from the positions set out in Have market conventions for bilateral, syndicated and club loans been established yet? , in several key respects:

  • The first fallback is generally the sum of: (a) “Term SOFR” (if available) and (b) adjustment specified in the ARRC-recommended language. As described by ARRC, Term SOFR is “[a] forward-looking term rate based on SOFR that has been selected or recommended by the Relevant Governmental Body”. Term SOFR is expected to be derived from the derivatives market. However, Term SOFR is not currently being publisheddisclaimer so its actual economic behaviour is not able to be observed, nor has a government body selected or recommended a Term SOFR rate. The ARRC has also recently flagged the level of liquidity in SOFR derivatives markets was not yet sufficient for the ARRC to recommend a term rate with confidence
  • If Term SOFR is not available, the second fallback is the sum of: (a) daily simple average SOFR (not a compounded rate) and (b) spread adjustment selected or recommended by the Relevant Governmental Body. Daily simple average SOFR involves the daily calculation of interest on the outstanding principal of the loan. The specific conventions for calculating this rate remain a matter expected to be recommended by a particular “Relevant Governmental Body”
  • ANZ has observed a “flip-forward” structure on some transactions. This structure applies when a fallback has been engaged but no Term SOFR is available. When this occurs, there is an initial fallback to the RFR-based rate calculated using the simple average methodology. If Term SOFR later becomes available, then the structure enables the rate to “flip-forward” to Term SOFR
  • The move to RFR-based rates requires a number of consequential issues be addressed by the parties. Under the ARRC-recommended language for syndicated and bilateral loans, the facility agent and the lenders (respectively) have rights to make various conforming changes to the facility document. Providing these kinds of rights to a facility agent reflects market practice in the US. ANZ does not expect this is to be widely followed outside the US market. Participants in markets outside the US will need to work through the consequential issues for moving to RFR-based rates between themselves.

You should also note the ARRC-recommended language for syndicated facilities does not generally deal with multicurrency scenarios. It is possible the methodology and other issues referred to in  How do RFR-based loans work? What issues should you consider for RFR-based bilateral, syndicated and club loans? and Have market conventions for bilateral, syndicated and club loans been established yet? may need to be worked through by parties on a currency-by-currency basis in multicurrency facilities.

The move to RFR-based rates will be challenging for a number of customers. Ahead of transitioning to, or entering into, RFR-based loan products, you (and your operational systems) will need to be able to support RFR-based rates.

Whilst ANZ cannot provide you with any advice or recommendations, ANZ can support you to manage the transition of loan transactions by initially using LIBOR and including a pre-agreed RFR switching clause. The switching clause will apply on the occurrence of an agreed trigger event (being a specific date or some other trigger event). This is sometimes called a “hardwired fallback” or “rate-switch”. A “rate-switch” enables parties to avoid anticipated volume and capacity constraints likely to arise during the second half of 2021. The terms for these switching arrangements can therefore be agreed upfront between the parties. If you are a customer on ANZ Standard Terms and the ANZ letter of offer, to incorporate “rate switch” mechanics, you will need to enter into bespoke (non-standard) bilateral documentation with ANZ to facilitate this.

The rate-switch is not appropriate in all circumstances or for every loan product. For instance, the UK RFRWG has stated rate switch structures for GBP loans maturing after the end of 2021 may not be used after the end of March 2021. The UK RFRWG has also recommended all new GBP loans from 1 April 2021 should be based on SONIA or other non-LIBOR alternatives from the outset of the loan.

Term RFRs are in various stages of development depending on currency.

Term SONIA is being published for certain settings by 2 vendors (refer When are Term RFRs coming? ). Term SONIA can only to be used in limited circumstances including trade and working capital, export finance and emerging markets transactions and for smaller corporate and retail clients. At this time, ANZ does not intend to offer Term SONIA for Institutional loan products with the exception of certain Trade and Supply Chain Finance products.

It is not clear when Term SOFR will become availabledisclaimer. As noted above in Are there any differences in bilateral, syndicated and club loan conventions being observed in the marketplace? , the ARRC has flagged the level of liquidity in SOFR derivatives markets is not yet sufficient for the ARRC to recommend a SOFR-based term rate with confidence. The ARRC-recommended fallback language includes Term SOFR in the waterfall. ANZ has observed this reference to a term RFR in the fallback waterfall is a relatively unique feature of the US market. The ARRC has raised additional considerations about the suitability of term RFR for loans (even in the US) and ANZ is monitoring these developments. ANZ has not made any decisions about the use of Term SOFR outside of the US.

For other currencies, ANZ has not made any decisions yet about term RFRs. As and when term RFRs become available in other currencies, ANZ will consider the operation of these rates for Institutional loan products together with any local restrictions on their use.

As you may recall from ANZ’s Customer Presentation pack dated May 2020, in order to mitigate potential economic value transfers on transition from LIBOR-based rates to RFR-based rates, a CAS needs to be agreed between the parties. Once agreed, CAS applies for the remaining life of the loan facility. The CAS will not reset at the beginning of each interest period.

The CAS is a key commercial matter for parties to a loan facility to consider and agree. As the spread between LIBOR and the RFR for each currency will be different, a different CAS will need to be agreed for each currency available to be drawn under a loan facility. The CAS will also be affected by the tenor of the interest rate period (i.e., there will be a different CAS agreed for 1M, 3M and 6M drawings) and will be different for different financial products (i.e. loans, bonds and swaps).

There is no single methodology that can be used to determine a CAS. ANZ has observed 2 key methodologies emerging:

  • The 5-year historical median approach
  • The forward approach (based on the forward looking swap market)

You can find more information about the key methodologies for determining CAS on the Bank of England website. Although explained on the website in the context of GBP, the information is equally relevant for other currencies.

Under the historical median approach, the CAS is computed using the median difference (spread) between GBP LIBOR and SONIA calculated over the previous 5 year period. This is the methodology applied by ISDA in the fallbacks contained in Supplement 70. Each of ISDA, FCA, UK RFR WGdisclaimer, ARRC, and the National Working Group on Swiss Franc Reference Rates have made various recommendations regarding the preferred approach (and have generally either recommended the 5-year historical median spread approach, or otherwise recognised it as an appropriate approach). In addition, on 25 March 2021, the ARRC included the 5-year historical median values in its Replacement Benchmark concept in the Supplemental Recommendations of Hardwired Fallback Language for Syndicated Loans and Bilateral Business Loans. In recent transactions, ANZ has more often observed the 5-year historical median approach.

As a result of the FCA announcement on 5 March 2021, the 5-year historical median as published by BISL is now fixed and available here. Refer to Did the FCA announcement fix ISDA’s spread adjustment? for more information.

Given its availability through various published information sources, the 5-year historical median approach offers greater transparency for both parties and given it is now a fixed value, simplifies operational processes. In addition, if you are looking to compare the offerings of different lenders, the use of these fixed values can help you make more straightforward like-for-like comparisons of the various lenders’ pricing.

By contrast, the forward approach fluctuates in real time (and could be higher or lower than the 5-year historical median setting at any point in time). The forward approach can also be affected by: (i) the time the CAS is set; and (ii) where the rate is sourced from.

The potential public sources to derive these values are limited, which can lead to lower transparency about how the applicable value is set. Because of this, the forward approach can also be more challenging to operationalise, is likely to require more complex and bespoke documentation and processes and may therefore lead to higher transaction costs. ANZ has observed that use of the forward approach is generally better suited to more highly structured transactions where a new related hedging transaction is to be entered into concurrently with the loan.

Given the greater transparency and its operational simplicity, ANZ’s preference is to use the 5-year historical median approach.

As noted above, the CAS is an additional pricing element intended to address the fact that RFRs operate in a different way to LIBOR. Although the CAS could be included in the margin, ANZ’s view is that the CAS should be separately identifiable and clearly documented. Further, the sole reason to add a CAS to a new RFR is to make the amended benchmark rate for a legacy loan comparable to the previous LIBOR benchmark for that loan and not provide an opportunity for either party to benefit from a value transfer.

LIBOR is published at the same time for each currency in the London market. RFRs, on the other hand, are managed on a national level for each currency. Without a central location from which to observe the screen rate, you will need to consider and manage a number of new issues.

Different timelines apply to LIBOR cessation for different currencies (refer When will LIBOR stop being used in new product issuances? ). You need to consider whether you plan to transition different currencies to their respective RFRs at different times. For example, when refinancing a multicurrency GBP and USD facility after 31 March 2021 (where the maturity date occurs after the end of 2021), you will no longer be able to use GBP LIBOR (nor a drawdown incorporating a rate switch structure), but you may wish to retain use of USD LIBOR pending future market developments. For this example, matters you may wish to consider include:

  • Do you need access to all the currencies covered by the multicurrency facility? You may be able to remove access to GBP-denominated drawdowns if you have no need for GBP
  • Can you transition the GBP-denominated loans now and amend USD-denominated loans in the future? This may increase your transition costs
  • Do you want to transition both GBP and USD now? USD could be transitioned to a RFR on a ‘day 1’ basis or could be set up to transition via a ‘rate switch’ structure. This may increase the number of issues to be resolved now but provide you with more certainty in the future about transition
  • Can you move to a single currency loan with an ability to swap currencies at drawdown?

Multicurrency facilities are particularly challenging for borrowers who draw down in multi-rate environments such as Australia, where AUD is priced off BBSY and other currencies are priced off RFRs. For example, you may have AUD-denominated facilities which are able to be drawn in GBP as an available currency. In this instance, you will need to manage a forward-looking rate for AUD draws (based on BBSY) and a RFR-based rate for GBP drawdowns (based on SONIA).

The UK RFRWG has also confirmed the end-Q1 2021 milestone (see When will LIBOR stop being used in new product issuances? ) applies equally to all new GBP loans despite it being one leg of a multicurrency facility.

There is no “one size fits all” solution.

Trade and supply chain finance

Interest amounts for many T&SC products are calculated upfront such as where ANZ purchases a receivable at a discount to the face value of that receivable. Backward-looking RFRs are not suitable for products where the return is based on a discount rate. As a result, it is likely T&SC products where interest is calculated in advance or at a discount to face value need to be transitioned away from LIBOR to RFR using a Term RFR. Industry working groups have also recognised term rates (or their equivalent) are required for trade and working capital products.

There is a subset of Trade products where it may be possible to use backward-looking RFRs as a replacement for LIBOR. These include those products where interest is calculated in arrears such as in trade finance loans. However, the UK RFRWG has noted for customers for whom simplicity and/or payment certainty is a key requirement, they may still wish to consider using an alternative rate to RFRs (see If Term SOFR doesn’t come by the end of 2021 what happens?  for more information).

The timing of the development of Term RFRs varies by currency. For USD, the ARRC released a Request for Proposals (RFP) on 10 September 2020 to seek a potential vendor to publish Term SOFR. However, on 23 March 2021 the ARRC announced it was not yet in a position to recommend a term rate with confidence based on the current level of liquidity in SOFR derivatives markets. ARRC encouraged market participants to not wait for a forward-looking term rate for new contracts denominated in USD but to use alternative rates if possible.

The JPY term rate, Tokyo Term Risk Free Rate (TORF), will be published for actual trading from 26 April 2021. Other national working groups are still considering their approach to Term RFRs.

There are currently 2 Term SONIA rate vendors (Refinitiv and IBA). The UK RFRWG has not recommended which Term SONIA rate market participants should use. Parties will need to choose which rate suits their documentation. ANZ is currently evaluating the Term SONIA published by each vendor and will consult with you as a T&SC customer over coming months.

Based on information available now, existing trade facilities can continue to be drawn down until the cessation date, being 30 June 2023 for the relevant USD LIBOR setting. US regulators have stated that no new USD LIBOR referencing facilities should be entered into after 31 December 2021. ANZ will contact you to discuss relevant options for transition to RFR for USD only trade products maturing after June 2023 or for facilities that do not have a termination date. This may change in the future.

While Term RFRs develop, ANZ is currently planning to offer T&SC customers these alternative reference rates to LIBOR on an interim basis:

  • ANZ cost of funds for USD
  • Rate Acceptance. This is the process of ANZ presenting a fixed rate to you on a drawdown by drawdown basis, and you accepting the rate offered (Rate Acceptance). This provides you with the option to accept the rate offered and offers you transparency as to the rate that will apply following drawdown. If you do not accept this rate, then you may choose not to draw/utilise the product. However, this process necessarily means that there will be less pricing certainty for you when the facility is put in place
  • For products where interest is payable in arrears, an overnight RFR.

Whilst the base currency for a product/facility might be a non LIBOR currency (e.g. AUD), LIBOR Transition may still be relevant where the product/facility contains multicurrency language or the option of drawing in alternative currencies. Multicurrency trade facilities will need to be amended to reflect alternative rates to LIBOR for those currencies that are priced by reference to LIBOR rates before the end of 2021 (other than for USD).

Importantly, certain trade products contain an “all currency” multicurrency option. The “all currency” option gives you the ability to make drawings or utilisations in “any currency which is acceptable to ANZ.” With most LIBOR settings ceasing at the end of 2021 (other than certain USD settings), the “all currency” option may be problematic as drawings/utilisations of certain available currencies are priced by reference to LIBOR. Even if you only use the “all currency” product in currencies that are not impacted by the impending LIBOR cessation, amendments may be required to your documentation for these trade products. Accordingly, for the “all currency” product to continue to operate for LIBOR currencies beyond 2021, ANZ will contact you to discuss relevant amendments for transition to RFR.

Challenges to transition

The key transition challenges fall into 4 broad categories:

  • Industry conventions: Industry bodies, such as Loan Market Association (LMA), Asia Pacific Loan Market Association (APLMA) and US Loan Syndications and Trade Association (LSTA) have provided guidance to market participants by publishing ‘recommended forms’, ‘exposure drafts’ or ‘concept agreements’ referencing RFRs, together with commentary discussing relevant issues to consider. The relative low volume of business in RFR products currently being written in the industry, the non-disclosed nature of some deals and the different positions being taken with respect to RFR conventions in observable deals make it challenging to identify clear RFR conventions in the loans market. ANZ expects more widespread adoption of new RFR conventions to emerge as the volume of transactions referencing RFRs increase
  • Low level of market activity: the current low level of market activity in RFRs, especially in derivatives, impacts liquidity and by implication pricing. As at March 2021 approximately 10% of interest rate derivatives were transacted in RFRs. Only derivatives trading in SONIA had a much higher level at approximately 50%. Trading in SOFR, by comparison, represented approximately 5% of all USD interest rate derivative transactions. The FCA cessation announcement and the fixing of the spread adjustment for LIBOR based derivatives are hoped to be catalysts for increased RFR activity
  • System readiness: Key system providers around the world have only recently released system updates to include RFR modules. Some new RFR modules only include a limited number of calculation conventions and do not support all alternatives. The testing and upgrades required to be carried out by banks, other financial institutions and corporate customers will continue to occur through 2021 and beyond
  • Informed decision making: The move to RFR-based rates is a complex and constantly evolving topic and information can quickly become out of date. You should inform yourself about LIBOR Transition generally and commercial decisions that you will need to make. You should consider your preferred commercial position for these decisions and, where necessary, obtain independent advice. Whilst ANZ can support you by sharing its knowledge about LIBOR Transition and what we are observing, ANZ cannot provide you with advice or recommendations about the commercial decisions you need to make as part of your LIBOR Transition.

ANZ's Transition Plan

Given the staggered cessation dates for different LIBOR currencies and settings, ANZ expects customers will want to give higher priority to transitioning transactions referencing non-USD LIBOR ceasing at the end of 2021. It is important for banks, other market participants and customers to focus on their transition efforts in order to ensure transition is completed during 2021 for those rates ceasing or becoming unrepresentative at the end of 2021. Banks, other market participants and customers also need to be mindful of and observe the recommended milestones for action issued by the national working groups supported by regulatory agencies.

Part of the rationale for the extension of USD LIBOR until June 2023, was to allow a significant volume of USD LIBOR transactions to mature without the need for amendment. As existing USD LIBOR transactions mature, transition efforts of banks, market participants and customers should be directed to the replacement of these transactions (if being replaced) with new USD transactions referencing SOFR.

To transition your existing transactions away from LIBOR, you should work with ANZ (and your other banks) to agree the changes required to the commercial terms, document those changes to the commercial terms and execute the necessary amendment documentation. In the coming months, your usual ANZ representative will be available to assist you in this process. An ANZ deal team including your usual ANZ representative and other product subject matter experts will work with you to make the transition process as efficient as possible.

 

ANZ is only able to provide general information (such as that contained in these FAQs) and factual information to assist your transition away from LIBOR. ANZ is not able to advise you about your transition options in any way. You will therefore need to seek independent legal, system, regulatory, tax and accounting advice about LIBOR transition.

RFRs are published on a daily basis. Product terms should give parties sufficient time for notice and collection of payment. To calculate an interest amount based on a RFR for a particular interest period, 4 interest calculation methods currently exist. The 4 interest calculation methods are:

  • Observation period shift
  • Lookback
  • Payment delay
  • Lockout

Each of the 4 interest calculation methods are described in more detail in the diagrams below. These methods can be applied to loans, derivatives and bonds. Note that payment delay is not typically used in loans.

3M LIBOR Interest period

 

Observation period shift example

 

Observation period shift – keeps existing LIBOR payment dates

• 5 business day observation period shift where the start and end date of the calculation period are moved to the dates 5 business days earlier

• SOFR is observed each day SOFR is published in the observation period

• In the calculation of the daily compounded interest amount, there are 2 inputs – (i) the observed SOFR and (ii) the weighting of each day. For an observation shift, the weighting for each day is determined by the relevant day in the observation period

• Each business day in a week is given a weighting of ‘1’ except for Friday which has a weighting of ‘3’ (as Friday covers 3 calendar days). If there is a bank holiday in the week then the day prior is given a weighting of ‘2’ (representing the business day and the next day)

 

Lookback example

Lookback – keeps existing LIBOR payment dates

  • SOFR is observed on each day of the calculation period using the SOFR rate published 5 business days earlier
  • Weighting for each day is determined by the relevant day in the calculation period

 

Lockout example

 

Lockout – keeps the existing LIBOR payment dates and aligns SOFR fixings with the original LIBOR interest period but with a lockout period

  • SOFR is observed on each day of the period aligned to the original LIBOR interest period
  • SOFR for each day in the lockout period. This means SOFR is then fixed observed on the 1st day of the lockout period
    (i.e. the lockout date) will be used for each of the remaining business days in the lockout period. This allows for the final interest amount to be known 4 business days before the payment date

 

Payment Delay example

 

Payment delay – aligns SOFR fixings with the original LIBOR interest period (for swaps market)

  • SOFR is observed on each day of the original LIBOR interest period. This requires the use of a 2 business day payment delayon both legs of the swap
  • This is similar to the convention used in ISDA’s USD-SOFR-COMPOUND floating rate option which uses a 2 business day offset

Glossary

Some of the most commonly used “new” terms are explained below:

Calculation Period

This is the period over which interest is calculated.

Compounded RFR

This is the compounded in arrear calculation of a RFR over an interest period (or an observation period). For example, to determine the interest rate for a 3 month interest (or observation) period, daily observations of RFR for the 3-month interest period (or observation period) is compounded in arrear. The interest rate (and the amount of the interest payment) will only be known when the last observation is included in the arrear calculation. This will be a few days prior to the interest payment date if a “lag” is used.

Compounding the rate

This is calculation of interest by compounding the daily observed RFR. An interest rate for a period is determined by applying the RFR compounding formula to the RFR only. To calculate the amount of the interest payment, the compounded rate is applied to the principal.

Credit Adjustment Spread (CAS)

The credit adjustment spread is intended to minimise the economic impact of moving from LIBOR to RFRs. RFRs are in general lower than LIBOR because LIBOR includes a bank credit risk component and reflects a variety of other factors (e.g. liquidity, fluctuations in supply and demand). These factors are not reflected in the RFRs. If parties wish to avoid value transfer, a CAS is needed when transitioning from LIBOR to RFRs (either through using a fallback mechanism or by direct amendment to reference RFR) in order to equate, where practicable, legacy LIBOR with RFR plus CAS.

In the derivatives market, the fallbacks use a spread adjustment based on the historical median over a five-year lookback period of the LIBOR-RFR spread. The actual spread adjustment differs between the different currencies and settings. BISL is the publisher of the spread adjustment for derivative fallbacks.

Cumulative compounded rate

The cumulative compounded rate is the compounded rate for an interest period and applied to the whole interest period.

Daily Non-Cumulative Compounded Rate

This is a daily compounded rate which allows for the calculation of a daily interest amount. It is the difference between the cumulative compounded rate for the current day less the cumulative compounded rate for the prior business day.

Hardwired approach

Fallback language can be hardwired into transaction documentation. This means fallbacks are built into the facility agreement and identifies the applicable rate in the event a fallback trigger event occurs. Hardwiring fallbacks into documentation provides certainty upfront by defining the trigger events that start the transition away from LIBOR and outlines a ‘waterfall’ approach to determine a RFR-based or other successor rate. Note: current forms of hardwired language require documentation to be further amended at a later time in order for it to operate with the relevant RFR-based or other successor rate. The hardwired approach can be contrasted with a RFR Switch.

Lookback

Under lookback, the Observation Period for an interest rate calculation starts and ends a certain number of days prior to the interest period. As a result, the interest payment can be calculated prior to the end of the interest period. The rate is calculated over the interest period itself. For each day in the interest period, the rate used is the rate observed from the relevant number of days before. The method is intended to help to alleviate some of the operational challenges associated with calculating interest using the compounded in arrear method when calculating interest. In a lookback, there is a rate shift but no weighting shift.

Lookback Period

Daily compounding of rate observed X business days before each business day in the Calculation Period. Weighting determined by the relevant day in the Calculation Period and whether the day is a business day or not.

Lockout

Under the lock-out mechanism, the compounded RFR applicable to an interest period is calculated over that interest period. To calculate the daily RFR, the interest period is frozen or “locked” a specified number of days before the end of the interest period at the then current rate. The calculation uses that locked rate for the remaining days in the interest period instead of observing the actual overnight RFR for each of those days. This means the compounded average RFR for the interest period can be ascertained on the day the lock-out takes effect.

Observation Period

This is the period over which daily RFR is observed and a compounded RFR is calculated. An observation period operates by reference to a specified number of days which determines both the first day and the last day of the observation period.

Observation Shift

An observation shift enables the compounded rate to be calculated and weighted using the Observation Period (rather than the Calculation Period). The weighting is determined using the number of days in the Observation Period. In an observation shift, there is a rate shift and a weighting shift.

For example, using a 2-business day lag, the lag uses the rate from 2 business days ago to calculate today’s interest owed. If today is Friday, Wednesday’s rate would be used to calculate Friday’s interest. The observation shift will apply Wednesday’s weighting to Wednesday’s rate (i.e. weighting of 1).

In contrast, a lookback period shift will apply Friday’s weighting (i.e. 3 as Friday covers 3 calendar days until the payment is due) to Wednesday’s rate. If there is a 5 business day lookback, the differences in weighting solely occur with bank holidays.

Overnight rate

This the interest rate at which a bank borrows or lends funds to another bank in the overnight market.

Payment Delay

Interest payments are delayed by a certain number of business days after the end of an interest period. This provides additional time for operational cash flow management. In the last interest period, the interest payment is due after the repayment of the principal, which leads to a mismatch of cash flows and may be difficult to handle from an operational and credit risk perspective.

RFR Switch

RFR Switch mechanisms in loan documentation provide for an in-built switch from LIBOR to RFRs upon a specified trigger event. The loan documentation includes the mechanics and provisions for the use of that rate. A benefit of the RFR Switch is that it requires a consideration of the same calculation, convention and documentation issues as a ‘Day1 RFR’ loan facility. It also eliminates the need for a further amendment process.

Term RFRs

Term rates are forward-looking rates for an interest period that are known or realised at the beginning of that period. Term SOFR is the first step in the benchmark replacement waterfall in the ARRC recommended hardwired fallback language.

Reference contacts

If you have any specific questions, please contact your usual ANZ representative.

 

This communication is made by Australia and New Zealand Banking Group Limited (ABN 11 005 357 522) in Australia and outside Australia by either its branches or subsidiaries (each is referred to in this important notice as ‘ANZ’). It is intended for ANZ’s institutional, professional or wholesale customers, and not for individuals or retail persons. It should not be forwarded, copied or distributed. The information in this communication is general in nature, and does not constitute personal financial product advice or take into account your objectives, financial situation or needs. This communication does not constitute an offer of financial accommodation.

This communication: 

  • does not constitute advice and ANZ does not expect you to rely on it. ANZ does not provide any financial, investment, legal or taxation advice in connection with this communication; 
  • is not a recommendation and is not intended to influence you or any other person to make a decision; and
  • is not an invitation, solicitation or offer by ANZ to you to acquire a product or service, or an offer by ANZ to provide you with other products or services.

The information in this communication was prepared by ANZ in good faith from publicly available sources and while care has been taken in compiling it:

  • ANZ has not independently verified the content of the underlying information;
  • the information is high level, intended as a summary only and should not be relied on as being current, complete or exhaustive;
  • ANZ does not undertake to update the information in this communication or notify you should any information contained in this communication cease to be current or correct; and
  • no representation, warranty, assurance or undertaking, is or will be made, and no responsibility or liability is or will be accepted by ANZ in relation to its currency, accuracy or completeness.

ANZ, and its directors, officers and employees, expressly disclaim any responsibility and shall not be liable for any loss, damage, claim, liability, proceedings, cost or expense arising directly or indirectly and whether in tort (including negligence), contract, equity or otherwise out of or in connection with the contents of and/or any omissions from this communication to the extent permissible under relevant law.

LIBOR Transition is a constantly evolving topic, and this means information quickly becomes out of date. Make sure you keep yourself up to date and informed on transition issues using current information.

If this communication has been distributed by electronic transmission, such as e-mail, then such transmission cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted or contain viruses. ANZ does not accept liability for any damage caused as a result of electronic transmission of this communication.

The content of this communication has not been reviewed by any regulatory authority. ‘ANZ’, ANZ’s logo and ANZ’s colour blue are trademarks of ANZ.

ANZ is aware that there are other rates in development that may also fill part of the role previously played by LIBOR (for example AMERIBOR). ANZ’s current view is that it does not see a use case for these alternative rates. However, ANZ continues to monitor market developments.

Return

Industry consultation on the methodology for Modified MIFOR is taking place. Modified MIFOR is for use in new transactions/contracts on cessation of LIBOR

Return

Except for SARON which is continually calculated real-time and published every 10 minutes. More information can be found here.

Return

Chicago Mercantile Exchange (CME) has started publishing Term SOFR based on SOFR futures but the rate has not yet been selected or recommended by a government body.

Return
Top