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Refinitiv Spread-Adjusted Fallback Rates Become Production Benchmarks

By Mary Jo N. Miller & J. Paul Forrester on December 3, 2021
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Big percent of dollars

With fewer than 30 days until the cessation of LIBOR, another piece of the puzzle has fallen into place for U.S. dollar LIBOR transition. On 30 November 2021, Refinitiv, the ARRC-preferred publisher of spread-adjusted SOFR-based fallback rates, announced that its USD IBOR Institutional Cash Fallbacks (“Institutional Fallbacks”), launched on 11 August 2021 as prototype rates, are now available for use as production benchmarks.

Refinitiv also announced on 30 November that it expects to launch 1-week and 2-month settings of its USD IBOR Consumer Cash Fallbacks (“Consumer Fallbacks”) on 3 January 2022, pending its board approval.

The publication of production benchmarks is intended to facilitate a smooth and stable transition from LIBOR to SOFR by “provid[ing] market participants, including lenders and borrowers, with an industry standard agreed rate, which can clearly and easily be referenced in contracts.”

The Institutional Fallbacks are available for use now and include the following variations:

  • SOFR compounded in arrears, daily simple SOFR, and SOFR compounded in advance, with term SOFR to follow in due course;
  • Available with and without a lookback, observational shift, and lockout; and
  • published in up to 7 tenors including overnight, 1-week, 1-month, 2-month, 3-month, 6-month and 12-month.

In contrast, the Consumer Fallbacks currently are based on SOFR compounded in advance only, gradually introduced during the 12 month transition period, and available with and without a floor. Subject to approval by Refinitiv’s board, the Consumer Fallbacks for 1-week and 2-month settings are expected to be available for use from 3 January 2022, with 1-, 3-, and 6-month settings scheduled for use from 1 July 2023.

The ARRC applauded the availability of the Institutional and Consumer Fallbacks, noting that the publication “will ensure that the ARRC’s recommended spread adjusted rates for cash products can be effectively accessed and implemented by all relevant market participants,” and “gives market participants another important tool to ensure the stability of legacy contracts that contain ARRC-recommended fallback language.”

Photo of Mary Jo N. Miller Mary Jo N. Miller

Mary Jo N. Miller is Mayer Brown’s US Banking & Finance professional support lawyer, and a member of the firm’s Knowledge Management department. She uses her extensive experience as a banker and finance lawyer to help the practice stay abreast of cutting edge…

Mary Jo N. Miller is Mayer Brown’s US Banking & Finance professional support lawyer, and a member of the firm’s Knowledge Management department. She uses her extensive experience as a banker and finance lawyer to help the practice stay abreast of cutting edge financing issues and products, and deliver work product of the highest quality. Mary Jo’s practice also focuses on developing form documents and other practice resources, training lawyers, and assisting in the development and implementation of technology to allow the practice’s lawyers to leverage internal and external knowledge to build deeper client relationships and deliver excellent client service.

View profile on MayerBrown.com.

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Photo of J. Paul Forrester J. Paul Forrester

Paul Forrester is a respected corporate finance and securities lawyer whose practice is especially focused on structured credit, including collateralized loan obligations, energy (including oil and gas, utilities, shipping, refinery and pipeline) financings and project development, and financing (especially concerning renewable energy, industrial…

Paul Forrester is a respected corporate finance and securities lawyer whose practice is especially focused on structured credit, including collateralized loan obligations, energy (including oil and gas, utilities, shipping, refinery and pipeline) financings and project development, and financing (especially concerning renewable energy, industrial, petrochemical, power and transportation projects and infrastructure).

View full profile on MayerBrown.com.

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  • Posted in:
    Banking, Finance and Securities
  • Blog:
    Eye on IBOR Transition
  • Organization:
    Mayer Brown

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