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The LIBOR Transition Challenge and More
January 28, 2020 | Issue No. 8

Many loan transactions contain what is known as a “lockout” period – that is, a period subsequent to closing where the prepayment of a loan is prohibited. This article takes a closer look. 

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Associate | Real Estate

While a promissory note is not typically a “negotiable instrument” as defined in the UCC, it is intended to be and is codified as an instrument that can be easily transferred by the lender to a third party. Because of this easy transferability, losing a promissory note can have serious consequences for a lender since the possessor of the document is likely the only party who can enforce it.

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Cadwalader and Sia Partners recently conducted a benchmarking study on the LIBOR transition efforts of over 75 organizations.

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On October 8, 2019, the U.S. Treasury Department and IRS issued proposed regulations confirming that transitions from LIBOR and other interbank offered rates (IBORs) to alternative reference rates in debt instruments and derivatives will not be taxable events, provided that the fair market value of the modified contract is substantially equivalent to the fair market value of the unmodified contract (fair market value test).

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Here is a rundown of some of Cadwalader's recent work on behalf of clients. 

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A calendar of upcoming events.

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Key Contacts

Steven M. Herman
Senior Counsel
T. +1 212 504 6054
steven.herman@cwt.com

Fredric L. Altschuler
Senior Counsel
T. +1 212 504 6525
fredric.altschuler@cwt.com

Nicholas E. Brandfon
Partner
T. +1 212 504 6039
nicholas.brandfon@cwt.com

Holly Marcille Chamberlain
Partner
T. +1 704 348 5121
holly.chamberlain@cwt.com

Christopher J. Dickson
Partner
T. +1 704 348 5159
christopher.dickson@cwt.com

Melissa C. Hinkle
Partner
T. +1 212 504 6972
melissa.hinkle@cwt.com

Alan W. Lawrence
Partner
T. +1 212 504 6332
alan.lawrence@cwt.com

Bonnie A. Neuman
Partner
T. +1 212 504 5625
bonnie.neuman@cwt.com

Matthew Robertson
Partner
T. +1 704 348 5257
matthew.robertson@cwt.com

Kevin Sholette
Partner
T. +1 704 348 5311
kevin.sholette@cwt.com

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