News & Analysis as of

Bond Issuers

Bricker Graydon LLP

The Latest on Ballot Issues: HB 140 and AOS Campaign Guidance

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While Ohio municipalities generally do not rely on voted ad valorem property taxes as a primary source of funding, such taxes can serve as a useful part of a municipality’s revenue base, and state law, principally in Ohio...more

Latham & Watkins LLP

The European Green Bond Standard - The New Green Bond “Gold Standard”?

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The European Green Bond Standard seeks to be the “gold standard” for green bonds and reinforce the EU’s position as the leading market for sustainable finance. With the adoption of the EU green bond standard (the EU GBS),...more

Holland & Knight LLP

New Florida Law Prohibits Use of ESG Factors in Government Investment and Procurement Decisions

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Florida Gov. Ron DeSantis on May 2, 2023, signed into law CS/CS/HB 3, which passed the Florida Legislature during the 2023 regular session and becomes effective on July 1, 2023. CS/CS/HB 3 – now codified at 2023-28, Laws of...more

Latham & Watkins LLP

Sustainability-Linked Bond Issuers Miss Sustainability Targets: 10 Takeaways

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Issuers should consider the ambitiousness of their sustainability targets, any challenges in achieving the targets on schedule, and how they will prove their progress. The global market for sustainability-linked bonds ...more

Mayer Brown Free Writings + Perspectives

Capital Markets Insight: Reverse Yankees

INSIGHT: REVERSE YANKEES - In this briefing, we take a look at the basics of “Reverse Yankees” – offshore debt issuances by US issuers in a currency other than US dollars – when and why they might be an attractive funding...more

Latham & Watkins LLP

Buying Bonds or Selling Tulips: Dutch Auctions and Other Debt Repurchase Strategies for PE

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Bond issuers may wish to pursue an unmodified reverse Dutch auction for debt repurchases, an effective but underutilised transaction template that is gaining popularity. During the second half of 2022, amid ongoing...more

Foster Garvey PC

2023 Reminder to Issuers and Borrowers of LIBOR-Based Tax-Exempt Bonds: Now is the Time to Protect the Tax-Exempt Status of Bonds...

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As we welcome 2023, and the final six months of certain London Interbank Offering Rates (“LIBOR”), issuers and borrowers of LIBOR-based tax-exempt bonds should evaluate whether changes to their financing documents are...more

Latham & Watkins LLP

Navigating Debt Repurchases: What You Need to Know - October 2022

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This Client Alert examines the key issues that typically arise in non-convertible bond repurchase programs, before turning to the issues unique to repurchases of syndicated bank debt. It also looks at issues applicable to...more

Holland & Knight LLP

Sustainability-Linked Bonds Regulation in Colombia

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The Colombian Financial Superintendence (Superintendencia Financiera de Colombia or SFC) established the specific conditions that must be incorporated by securities issuers at the time of issuing sustainability-linked bonds...more

Dechert LLP

Changes to the Settlement Process for Syndicated Bond Issuances through Euroclear and Clearstream

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With effect from 14 March 2022, a new model (the “New Model”) will apply for delivery versus payment (“DvP”) closings of syndicated bond issuances settling through Euroclear Bank SA/NV (“Euroclear”) and Clearstream Banking...more

Orrick, Herrington & Sutcliffe LLP

Post-Issuance Tax Compliance and Continuing Disclosure Responsibilities for Issuers and Borrowers of Tax-Exempt Bonds (Second...

The tax-exempt bond market is perennially under heightened scrutiny by various regulators, including the Internal Revenue Service (the "IRS"), the United States Securities and Exchange Commission (the "SEC") and the Municipal...more

K&L Gates LLP

ICSDs' New DVP Settlement Model for Syndicated New Issues

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Summary - On 14 March 2022, the ICSDs will introduce a new DVP settlement model for new-issue syndicated notes. The changes will impact the roles of the ICSDs, lead manager and common depositary in the payment flows and...more

Hogan Lovells

Bond defaults - Hong Kong court tells mainland administrators: we recognise you, but you can't “stay” here

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In a significant judgment, a Hong Kong court has recognized the Beijing administrators of the commercial arm of the Peking University group but granted only a limited stay of proceedings which means that bondholders and...more

Bricker Graydon LLP

IRS announces changes to Form 8038-CP coming in January 2022

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On November 16, 2021, the Internal Revenue Service (IRS) publicly previewed a draft of a revised Form 8038-CP (Return for Credit Payments to Issuers of Qualified Bonds), along with updated filing instructions and a new...more

Butler Snow LLP

Alternatives to Tax-Exempt Advance Refunding Bonds

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As described in “Tax-Exempt Advance Refunding Bonds: History and Legislative Updates” by Caitlyn Smith Burchfield, the Tax Cuts and Jobs Act of 2017 bans the issuance of tax-exempt advance refunding bonds after December 31,...more

White & Case LLP

Leveraged finance in Asia-Pacific rallies on real estate

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Chinese real estate lenders lift APAC high yield bond issuance after an active Q3 - Leveraged finance in APAC (excl. Japan) showed signs of recovery in Q3 2020. The high yield market drove the rebound, which was tempered...more

Partridge Snow & Hahn LLP

Two Bills Introduced in the U.S. Senate to Aid Bond Issuers

Two bills have recently been introduced in the U.S. Senate to help state and local bond issuers deal with the financial hardships caused by COVID-19. The Lifting Our Communities through Advance Liquidity for Infrastructure...more

McGuireWoods LLP

Federal Reserve Announces Expansion of Eligible Issuers for MLF Program

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On June 3, 2020, the Federal Reserve Board announced an expansion in the number and type of Eligible Issuers authorized to use the Municipal Lending Facility (MLF) program. Eligible Issuers now include “Designated Cities,”...more

White & Case LLP

Healthcare sector under pressure but the diagnosis looks good

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COVID-19 has pushed healthcare systems around the world to the limit, but depending on the vertical, certain companies have been less affected than those in other sectors—and the availability of credit to battle the pandemic...more

Ballard Spahr LLP

UPDATED: New York Federal Reserve Expands Eligible Issuers and Provides Indicative Pricing and Sample Transaction Documents for...

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The Federal Reserve Bank of New York (the New York Fed) has announced an expansion of its $500 billion Municipal Liquidity Facility to allow participation by designated cities and counties that do not meet the population...more

Jones Day

How to Address the COVID-19 Crisis with Bonds - Bonds can be the solution to fund the response to the COVID-19 crisis.

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With the global spread of the coronavirus (COVID-19) pandemic and the lockdown measures imposed by governments across the world, international capital markets participants are looking for financings to address the social and...more

White & Case LLP

High yield bonds: know your numbers

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The coronavirus pandemic has had an unprecedented impact on many businesses, including those with outstanding high yield bonds. The incurrence covenant regime (and absence of any maintenance covenants) means that, provided...more

Skadden, Arps, Slate, Meagher & Flom LLP

Russian Central Bank Adopts New Regulations for Securities Issues and Disclosure Obligations

The Central Bank of the Russian Federation (CBR) has adopted new regulations for securities issues and disclosure obligations, as a result of amendments to the Russian Securities Market Law that came into effect on January 1,...more

Holland & Knight LLP

IRS Expands Ability of Issuers to Purchase Their Own Tax-Exempt Bonds

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The COVID-19 crisis has caused many disruptions in the municipal bond market. Over the course of the crisis, many issuers of tender bonds or tax-exempt commercial paper have been unable to remarket their tender bonds or...more

White & Case LLP

High yield bond issuances rebound during coronavirus lockdown

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The impact of the coronavirus pandemic saw high yield bond issuances grind to a halt at the end of Q1, but markets started to revive in Q2. After enduring a steep and sudden decline at the end of Q1 that effectively shut...more

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