When Is a Loan “Green”?More than US $150 billion in “green bonds”—bonds that fund projects that provide environmental benefits according to guidelines developed by the International Capital Markets Association (ICMA)—were issued globally in 2017, according to research from the Climate Bonds Initiative. Although the proportion of all bonds that are recognized as “green” remains small relative to the total size of the worldwide bond market, the annual volume of green bond issuances in 2017 was 78 percent greater than it was in 2016. The growth in the market for green bonds has led to demand from some borrowers and lenders for similar “green” criteria of environmental sustainability for loans. The Loan Market Association and the Asia Pacific Loan Market Association recently released a set of voluntary guidelines for green loans. The green loan principles, which were developed with the assistance of the ICMA, closely resemble the green bond principles. According to the green loan principles, a green loan is a loan instrument that is made available exclusively to finance or refinance, in whole or in part, a new or existing “green project” that meets four key components:
Borrowers that are seeking financing (or refinancing) on a project that could meet these criteria for environmental sustainability may wish to consider whether the reputational value of being a green loan justifies the costs of compliance (and outweighs any possible risk of failing to comply). Authors
Please note that this publication presents an overview of notable legal trends and related updates. It is intended for informational purposes and not as a replacement for detailed legal advice. If you need guidance tailored to your specific circumstances, please contact one of the authors to explore how we can help you navigate your legal needs. For permission to republish this or any other publication, contact Amrita Kochhar at kochhara@bennettjones.com. |