Would Collective Action Clauses Raise Borrowing Costs?

Working Paper: NBER ID: w7458

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: No keywords provided

JEL Codes: F0; F3


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
collective action clauses (D70)lower borrowing costs for creditworthy issuers (H74)
collective action clauses (D70)higher borrowing costs for less creditworthy issuers (H74)

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