Rate cap provider ratings and downgrade triggers
Managing Partner, Board Member
Global Head of Real Estate
SummaryInterest rate caps are purchased to hedge floating-rate loans every business day. Cap pricing is driven by economic factors including the notional hedged, term, strike rate, forward curve, and volatility of the underlying index.
Counterparty ratings requirements
For the same reason you want a financially sound provider of life insurance - so you can be confident the provider will pay when there is a claim - lenders and borrowers also want a financially sound rate cap provider. This most often manifests itself in credit rating requirements on cap providers. When a lender sets out the requirements of a cap, they often stipulate minimum counterparty ratings requirements. Counterparty ratings requirements can be broken down into two buckets:
- Minimum counterparty ratings— are they qualified to provide the cap initially?
- The downgrade triggers— at what ratings are they no longer qualified to provide the cap?
Minimum Counterparty Ratings are the lowest credit ratings that a potential cap provider can have in order to qualify as a potential cap provider at the time of purchase, and this is pretty clear-cut—either they qualify or they don’t.
Downgrade Triggers require a cap provider to maintain certain ratings, and if they fail to maintain those ratings, the borrower (or its lender) may have the right to terminate the cap agreement and receive the then current value of the cap in a lump sum, unless the cap provider “cures” the downgrade. Because a rating downgrade is a credit event, cures are essentially a shoring up of credit. The most common cures available to cap providers following a ratings downgrade are:
- Replace themselves with another provider that meets the Minimum Counterparty Ratings
- Post collateral equal to or exceeding the mark-to-market value of the cap
- Obtain a guaranty from an entity that meets the Minimum Counterparty Ratings
Most lenders allow one or more of the above remedies. Both the Minimum Counterparty Ratings and Downgrade Triggers are designed to protect cap purchasers and lenders from counterparty credit risk.
Ratings and downgrade triggers expectations
As S&P and Moody’s are historically the largest ratings agencies, they are the agencies for which cap providers are most often required to have ratings. Historically, Minimum Counterparty Ratings have ranged from as high as AA/Aa2 to as low BBB/Baa2, but the most common levels are in the single “A” range. Downgrade Triggers can also vary, but A- & A3 are the most common levels we currently see in commercial real estate loans.
Given there are many banks that are rated A- & A3 or better, one would think there should be many banks vying to provide caps with these requirements to real estate borrowers. But possessing high ratings is only one component of being a successful cap provider. In addition to having sufficient ratings, management must be confident the bank’s ratings will be maintained, and comfortable with the bank’s processes and procedures should downgrades occur.
Given the implications of counterparty ratings on both the potential availability and cost of interest rate caps, borrowers should carefully review any Minimum Counterparty Rating and Downgrade Trigger language in loan term sheets and make sure they understand the cost of compliance and how those requirements compare to the cost of other alternatives. As noted, these requirements can also vary over time and between lenders; many lenders have some flexibility on the requirements, but it is much easier to have these discussions while negotiating the overall loan terms than to address them just prior to loan closing upon realization of the significant increased cost. If a loan term sheet is silent or vague on the requirements (language such as “as reasonably acceptable to lender” is common), borrowers may want to discuss the lender expectations (if not actually documenting specific requirements) prior to finalizing a loan term sheet.
As a borrower, you likely place a high priority on avoiding material unbudgeted costs at the closing table. Understanding the impact of cap provider rating requirements and downgrade triggers is an important step to avoid an unpleasant surprise on your next floating-rate loan.
What is an interest rate cap?
An interest rate cap is essentially an insurance policy on a floating rate, most frequently SOFR. It has three primary economic terms: notional, term, and strike rate.
Chatham Hedging Advisors, LLC (CHA) is a subsidiary of Chatham Financial Corp. and provides hedge advisory, accounting and execution services related to swap transactions in the United States. CHA is registered with the Commodity Futures Trading Commission (CFTC) as a commodity trading advisor and is a member of the National Futures Association (NFA); however, neither the CFTC nor the NFA have passed upon the merits of participating in any advisory services offered by CHA. For further information, please visit chathamfinancial.com/legal-notices.
Transactions in over-the-counter derivatives (or “swaps”) have significant risks, including, but not limited to, substantial risk of loss. You should consult your own business, legal, tax and accounting advisers with respect to proposed swap transaction and you should refrain from entering into any swap transaction unless you have fully understood the terms and risks of the transaction, including the extent of your potential risk of loss. This material has been prepared by a sales or trading employee or agent of Chatham Hedging Advisors and could be deemed a solicitation for entering into a derivatives transaction. This material is not a research report prepared by Chatham Hedging Advisors. If you are not an experienced user of the derivatives markets, capable of making independent trading decisions, then you should not rely solely on this communication in making trading decisions. All rights reserved.
Our featured insights
Well received AHGS issue at 10-year maturity in response to housing association demand
The Chancellor’s Autumn statement, an economic update, capital market issuance, and more in today's fortnightly.
U.K. inflation drops below 5.00%, core shows stubbornness
The labour market remains tight but shows easing, gilts sell off on the back of inflation print, credit rating updates, uncertainty around benefit settlement, and more in today's fortnightly.
Financing Priorities 2024: Capital Markets for Corporates, Private Equity, and Real Property Investors
Join us as we examine the latest priorities and trends for navigating real estate and corporate financing. Our expert panel will explore the dynamic capital markets landscape, revealing how it may impact priorities in 2024. Through an interactive Q&A format that encourages a variety of...
Gilts rally as Bank of England keeps the base rate unchanged
Rates fall as markets react to the Bank of England's (BoE) Monetary Policy Committee's (MPC) decision, Eurozone inflation falls below consensus, and more in today's fortnightly.
Expert Conversation with Matt Henry and Rob Kaplan
Matt Henry, Chatham's Managing Partner and CEO, and Rob Kaplan, former President and CEO of the Federal Reserve Bank of Dallas, discuss the economy, alternative capital sources, interest rates, and more.
Jackie Bowie discusses the Bank of England's interest rate decision on Sky News
Business Live host Ian King interviews Jackie Bowie about the Bank of England's November interest rate decision. Will the decision follow the consensus of pausing the interest rate hike, or will the Bank continue rising?
BoE holds rates steady again while ECB pauses record run of hikes
The Bank of England (BoE) kept rates on hold at 5.25% for a second consecutive meeting today, as it attempts to balance a weakening economy with inflation that is still measuring three times its target. The Bank's updated forecasts show medium-term inflation slightly higher than in August's...
Fed holds rates steady while noting tighter financial conditions
On Wednesday, November 1, 2023, the Federal Open Market Committee (FOMC) voted unanimously to hold the fed funds rate at a target range of 5.25%–5.50%. Today's pause represents consecutive FOMC meetings with no rate change, having hiked in 11 out of the last 14 prior meetings. The most notable...