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Welcome to the second issue of Greenberg Traurig’s LIBOR Transition Newsletter, which contains updates, analysis, and commentary on the latest developments relating to the highly anticipated phasing-out of LIBOR at the end of 2021 – barely two years from now. This issue covers the following:

  • LSTA – Concept SOFR Credit Agreement
  • Recent Developments
  • Parting Shot – What if Someone Finds the Proposed LIBOR Replacement Fallback Language “Too Long”?

Read the full LIBOR Transition newsletter – Issue 2.

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Photo of Oscar Stephens Oscar Stephens

Oscar Stephens represents issuers, borrowers, underwriters, arrangers, placement agents, investors and lenders in a wide variety of multi-currency financing transactions.

Oscar’s practice focuses on advising private corporations, financial institutions, sovereign and quasi-sovereign entities on bilateral and syndicated lending, private placements and capital markets

Oscar Stephens represents issuers, borrowers, underwriters, arrangers, placement agents, investors and lenders in a wide variety of multi-currency financing transactions.

Oscar’s practice focuses on advising private corporations, financial institutions, sovereign and quasi-sovereign entities on bilateral and syndicated lending, private placements and capital markets deals with a cross-border component, particularly in Latin America. He has deep experience in structures involving debtors and assets located in, and revenues originated out of, Central and South America, in diverse transactions such as asset-backed securitizations, future flow structured finance, project bonds, project finance, acquisition finance and secured/leveraged finance. Oscar has relevant experience in the energy, oil & gas, renewables, banking, financial services, construction, manufacturing, shipping, mining, and food & beverage industries.

A native of Chile, Oscar conducts business in both English and Spanish and has broad experience in civil law jurisdictions throughout the Americas and legal structures used in non-recourse financing. Oscar’s bi-cultural background has allowed him to bridge differences and find common ground in complex transactions involving multiple jurisdictions.

Sylvie A. Durham

Ms. Durham has experience on both the legal and business sides of derivatives, private funds, complex financing transactions, and structured products. Prior to joining Greenberg, she was an investment banker and Head of Structured Equity Products at BNP Paribas where she concentrated on

Ms. Durham has experience on both the legal and business sides of derivatives, private funds, complex financing transactions, and structured products. Prior to joining Greenberg, she was an investment banker and Head of Structured Equity Products at BNP Paribas where she concentrated on structuring equity financing and equity derivative transactions for corporations and hedge funds. Prior to BNP, she was a partner in the Corporate Dept. at the law firm of Weil, Gotshal & Manges LLP.

Ms. Durham has been involved as both a lawyer and investment banker in highly complex financing transactions, derivatives, commodities, private fund formation and asset management advisory work. Since 2006, she has been heavily involved in the development and structuring of over $20 billion in financing transactions between private funds and financial institutions utilizing a variety of legal structures such as VFN programs and fund-linked derivatives. She focuses on legal risk mitigation techniques for complex financial instruments and trading operations. She has broad experience with derivatives, commodities, structured transactions, structured products, and Dodd-Frank regulatory issues relating to these areas. She also frequently advises private funds and asset managers on fund formation and regulatory investment management issues. She also advises corporations and financial institutions on derivatives and related Dodd-Frank and EMIR compliance matters such as the Dodd-Frank Corporate End User Exemption. She has authored two treatises on legal risk mitigation and on derivative transactions.

Ms. Durham is often interviewed on topics in the derivatives and hedge fund industries and has been regularly quoted by Bloomberg, Reuters, Financial Times, Business Week, Wall Street Journal, Hedge World News, Alpha Magazine, CFO Magazine, The Australian, Pension & Investments Online, Corporate Counsel Magazine, CFO Magazine, and the New York Daily News, as well as other national and international publications.

Photo of Arleen A. Nand Arleen A. Nand

Arleen Nand is Chair of the Global Agribusiness Practice. She represents commercial, cooperative, development and investment banks, as well as hedge funds, private equity firms, and corporations in cross-border and domestic financings. Arleen has structured, drafted, and negotiated more than $40 billion of…

Arleen Nand is Chair of the Global Agribusiness Practice. She represents commercial, cooperative, development and investment banks, as well as hedge funds, private equity firms, and corporations in cross-border and domestic financings. Arleen has structured, drafted, and negotiated more than $40 billion of investment grade, leveraged finance and commercial paper transactions.

Arleen has served as lead counsel on numerous financings, including cross-border credit facilities, securitizations, syndicated loan transactions, credit-linked notes, asset-based and cash flow financings, convertible debt facilities, private placements, joint venture financings, debtor-in-possession credit facilities, senior and mezzanine transactions, and leveraged lease financings. She has advised clients on transactions involving various domestic and foreign collateral issues, including credit facilities secured by rolling stock, maritime vessels, aircraft, coal reserves, oil and gas, and carbon credits.

Photo of Graeme McLellan Graeme McLellan

Graeme McLellan is an asset finance professional with particular focus on the aircraft and rail rolling stock sectors, regularly advising major sophisticated international clients on business-critical matters.

His experience includes secured loans, bond financings, tax leasings, Islamic financings, and portfolio acquisitions / disposals.

Graeme McLellan is an asset finance professional with particular focus on the aircraft and rail rolling stock sectors, regularly advising major sophisticated international clients on business-critical matters.

His experience includes secured loans, bond financings, tax leasings, Islamic financings, and portfolio acquisitions / disposals. He enjoys cutting through complex and difficult issues, applying experience of structured, cross-border transactions to develop innovative strategies.

Graeme frequently advises new market entrants on their initial market studies, product development and structuring, bids for opportunities, and implementation of winning bids.

In the rail sector, Graeme advises on transactions internationally and has been involved in the UK rail sector since privatisation. He has advised on many major rolling stock transactions, often applying his broader knowledge to the development of innovative strategies.

Graeme is renowned for his aircraft finance experience in the commercial aircraft and corporate / private jet sectors. He advises on a broad range of transaction structures, including lessor financings and Islamic financings.