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NY S09070
Bill
Status
10/28/2020
Primary Sponsor
Kevin Thomas
Click for details
AI Summary
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Adds Article 12 to the Uniform Commercial Code to establish procedures for replacing LIBOR (London Interbank Offered Rate) when it is discontinued.
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On the LIBOR replacement date, the recommended benchmark replacement automatically becomes the replacement rate for contracts using LIBOR that either contain no fallback provisions or have fallback provisions based on any LIBOR value.
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Voids any fallback provisions that rely on polls, surveys, or inquiries about interbank lending rates as methods to replace LIBOR following discontinuance.
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Establishes that using a recommended benchmark replacement constitutes a commercially reasonable substitute for LIBOR and substantial performance of contractual obligations, preventing parties from terminating contracts or claiming breach based on the rate change.
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Provides safe harbor from liability and litigation for persons who implement recommended benchmark replacements or conforming changes in accordance with this article.
Legislative Description
Enacts provisions relating to the discontinuance of LIBOR (the London interbank offered rate); prohibits parties from refusing to perform contractual obligations or declaring a breach of contract as a result of the discontinuance of LIBOR or the use of a replacement; establishes that the replacement is a commercially reasonable substitute for and a commercially substantial equivalent to LIBOR; and provides a safe harbor from litigation for the use of the recommended benchmark replacement.
Last Action
REFERRED TO RULES
10/28/2020