IFR Magazine – June 08, 2019

(Nancy Kaufman) #1
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during the credit crisis and the small size of the
asset class compared with the broader economy.
The US$1.2trn leveraged loan market has
more than doubled in size since the credit crisis,
buttressed by years of low interest rates and
increasing demand for floating-rate loans.
Companies have been able to take advantage
by borrowing higher levels of debt compared
with their earnings than in the past while offering
fewer lender protections in return, drawing the ire
of legislators and some regulators.
“We must consider the possibility that [loans]
may prove systemic,” Meeks said in his opening
remarks.
Concerns about loose loan underwriting
standards was a common refrain throughout the
hearing, with a focus on covenant-lite financings,
a feature regulators previously described as
aggressive.
Almost 75% of broadly syndicated loans
arranged in the first quarter was covenant-lite
compared with 58.9% of loans issued in the same
period in 2013, according to data compiled by LPC.
The witnesses were asked about the Office of
Financial Research (OFR), which was established
as part of Dodd-Frank in 2010, to coordinate
and sponsor research to support regulation
of financial markets. The OFR said in its
appropriations and annual performance report
that its estimated fiscal year 2018 funding was to
be 25% below its 2017 fiscal year operating level.


“Central to managing risk was the
establishment of the OFR, which is tasked with
monitoring risk in the system, wherever the risk
might originate or lie, quantify the risk, map
the interconnectedness of the risk and inform
[Financial Stability Oversight Council] FSOC in its
monitoring of systemic risk,” Meeks said.
A discussion draft sponsored by
Representative Bill Foster, a Democrat from
Illinois, would protect the independent funding of
the OFR, giving the director sole discretion for its
annual budget.
Erik Gerding, a professor at the University of
Colorado Law School, said during the hearing that
the OFR was in “danger of being hollowed out
either by decisions by the Secretary of Treasury to
reduce its funding or staffing losses”. He called
the OFR the “under appreciated” accomplishment
of Dodd-Frank, the massive regulatory reform
package that sprang from the credit crisis.
“The OFR needs an independent source
of funding,” he said in written testimony. “We
cannot wait until it is time to man the lifeboats to
fully fund the iceberg patrol.”

STRONG DEFENCE
US Representative Andy Barr, a Republican
from Kentucky who previously introduced a
bill that proposed a qualified CLO to deal with
Dodd-Frank risk-retention rules, put up a strong
defence of the funds.

He asked panelists about performance of CLOs
during the credit crisis and stressed that the two
most senior slices of the funds did not suffer any
losses and just 53 of more than 9,000 tranches
suffered any impairments.
Barr’s 2015 qualified CLO proposal advocated
that if a fund met a set of tests including asset
quality and portfolio diversification standards,
managers could purchase and retain 5% of the
equity slice of a CLO as opposed to the 5% of the
fund required under Dodd-Frank risk-retention
rules.
Last year, a US Appeals Court ruled in favour
of the US loan trade group, the LSTA, which sued
the Federal Reserve and Securities and Exchange
Commission to exempt CLOs from risk retention.
Ahead of Tuesday’s hearing the LSTA stressed
that while an appetite for more credit risk in
the loan market has increased, it is too soon to
determine if investment losses will be similar to
the credit crisis.
“We encourage lawmakers and regulators to
do their due diligence; any comprehensive inquiry
into the leveraged loan market will demonstrate
[it] has provided opportunity for stable growth of
companies and expansion of the economy,” Elliot
Ganz, general counsel at the LSTA, said. “We
have done extensive research into systemic risk of
leveraged lending and have concluded that [it] is
not a threat to US or global financial stability.”
Kristen Haunss
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