SEC issues no-action relief on proposed CLO Applicable Margin Reset mechanism
September 21, 2016
On September 1, 2016, the SEC issued a no-action letter to Sancus Capital Management LP clarifying that a proposed "applicable margin reset" mechanism built into certain notes issued in a CLO transaction would not constitute an offer and sale of asset-backed securities by an issuing entity within the meaning of Regulation RR (17 C.F.R. Part 246).