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Financial Services Law Insights and Observations

Fed extends some Covid-19 lending facilities through March 2021

Federal Issues Covid-19 Department of Treasury Federal Reserve

Federal Issues

On November 30, the Federal Reserve Board announced the extension of the Commercial Paper Funding Facility (CPFF), the Money Market Liquidity Facility (MMLF), the Primary Dealer Credit Facility (PDCF), and the Paycheck Protection Program Liquidity Facility (PPPLF) through March 31, 2021, while many other Covid-19 lending facilities will terminate at the end of the year.

Earlier this month, Treasury Secretary Steven T. Mnuchin sent a letter to Federal Reserve Board Chairman Jerome Powell stating that he intends to let several Covid-19-related lending facilities that rely on Coronavirus Aid, Relief, and Economic Security (CARES) Act funding expire at the end of the year, while requesting a 90-day extension for facilities that do not rely on Treasury’s funding. Specifically, Mnuchin stated that the lending facilities that used CARES Act funding—the Primary Market Corporate Credit Facility (PMCCF), the Secondary Market Corporate Credit Facility (SMCCF), the Municipal Liquidity Facility (MLF), the Main Street Lending Program (MSLP), and the Term Asset-Back Securities Loan Facility (TALF)—“have clearly achieved their objective,” noting that “[b]anks have the lending capacity to meet the borrowing needs of their corporate, municipal, and nonprofit clients.” Mnuchin stated that while portions of the economy are still in need of fiscal support, “financial conditions have responded” and the use of the CARES Act-reliant facilities “has been limited.” Thus, Mnuchin requested that the Federal Reserve return the unused facility funds to Treasury so that Congress can “re-appropriate $455 billion, consisting of $429 billion in excess Treasury funds for the Federal Reserve facilities and $26 billion in unused Treasury direct loan funds.” Mnuchin, however, in “an abundance of caution,” requested a 90-day extension on facilities that do not require Treasury funding—the CPFF, MMLF, PDCF, and the PPPLF.

In response, the Federal Reserve Bank of Boston updated the Main Street Lending Program For-Profit Business and Nonprofit Organization FAQs to address the Main Street facilities at the end of this year. The update advises that (i) lender registration should be initiated by December 4; (ii) eligible loans should be submitted to the Main Street Portal for participation by December 14, and the Fed “will make efforts to process the loans submitted [] by December 14, 2020, in order to effect the purchase of eligible participation interests in advance of the termination date”; and (iii) the Main Street Special Purpose Vehicle will cease issuing commitment letters as of December 23.