Would Collective Action Clauses Raise Borrowing Costs?

Working Paper: CEPR ID: DP2343

Authors: Barry Eichengreen; Ashoka Mody

Abstract: We examine the implications for borrowing costs of including collective-action clauses in loan contracts. For a sample of some 2,000 international bonds, we compare the spreads on bonds subject to UK governing law, which typically include collective-action clauses, with spreads on bonds subject to US law, which do not. Contrary to the assertions of some market participants, we find that collective-action clauses in fact reduce the cost of borrowing for more credit-worthy issuers, who appear to benefit from the ability to avail themselves of an orderly restructuring process. In contrast, less credit-worthy issuers pay, if anything, higher spreads. We conjecture that for less credit-worthy borrowers the advantages of orderly restructuring are offset by the moral hazard and default risk associated with the presence of renegotiation-friendly loan provisions.

Keywords: debt restructuring; IMF

JEL Codes: F00; F30


Causal Claims Network Graph

Edges that are evidenced by causal inference methods are in orange, and the rest are in light blue.


Causal Claims

CauseEffect
Borrower characteristics and market conditions (G21)borrowing costs (H74)
Collective action clauses (D70)borrowing costs for more creditworthy issuers (H74)
Collective action clauses (D70)borrowing costs for less creditworthy issuers (H74)
Collective action clauses facilitate orderly restructuring (G33)borrowing costs for more creditworthy issuers (H74)

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