by Mish Shedlock, The Street:
Credit Facility Terms
- The issuer was rated at least BBB-/Baa3 as of March 22, 2020, by a major nationally recognized statistical rating organization (“NRSRO”). If rated by multiple major NRSROs, the issuer must be rated at least BBB-/Baa3 by two or more NRSROs as of March 22, 2020.
- An issuer that was rated at least BBB-/Baa3 as of March 22, 2020, but was subsequently downgraded, must be rated at least BB-/Ba3 as of the date on which the Facility makes a purchase. If rated by multiple major NRSROs, such an issuer must be rated at least BB-/Ba3 by two or more NRSROs at the time the Facility makes a purchase.
- The issuer has not received specific support pursuant to the CARES Act or any subsequent federal legislation and must satisfy the conflicts of interest requirements of section 4019 of the CARES Act.
Leverage
- The Facility will leverage the Treasury equity at 10 to 1 when acquiring corporate bonds of issuers that are investment grade at the time of purchase.
- The Facility will leverage its equity at 7 to 1 when acquiring corporate bonds of issuers that are rated below investment grade at the time of purchase and in a range between 3 to 1 and 7 to 1, depending on risk, when acquiring any other type of eligible asset.
Unknown Duration
- The Facility will cease purchasing eligible individual corporate bonds, eligible broad market index bonds, and eligible ETFs no later than September 30, 2020, unless the Facility is extended by the Board of Governors of the Federal Reserve System and the Treasury Department.
- The Reserve Bank will continue to fund the Facility after such date until the Facility’s holdings either mature or are sold.
Legal Questions
Mechanics are correct, but legally,
a) SPV purchases using $75B of CARES funding from Treasury are subject to 4003(c)(3)(B) protection against “losses to taxpayers,” and
b) Fed use of “leverage” must still take 13(3) collateral. Neither stocks nor bonds are their own collateral. https://t.co/O0oc7hcGPa
— John P. Hussman (@hussmanjp) June 15, 2020
Instead the Treasury is buying them via the SPV and $75B of taxpayer money. The Fed is the financier (banker) and BlackRock is doing the transactions.
As long as the Treasury is willing to use taxpayer money is this fashion, nothing stops them from buying equities.
(3/4)
— Jim Bianco (@biancoresearch) June 15, 2020
