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Articles on this Page
- 10/25/16--01:03: _Broadening Notehold...
- 11/22/16--01:01: _Corporate Deleveraging
- 12/10/16--07:06: _Third Circuit Rulin...
- 01/28/17--06:59: _Second Circuit Reve...
- 04/25/17--06:44: _Stiffing the Credit...
- 06/27/17--06:19: _Just How Iron-Clad ...
- 08/31/17--06:28: _Make-Whole Premiums...
- 09/30/17--07:25: _Corporate Debt Matu...
- 12/04/17--06:00: _Firm Age, Corporate...
- 12/11/17--06:01: _Leverage, CEO Risk-...
- 12/22/17--06:10: _Analysis of Final T...
- 01/21/18--07:26: _The Strained Marria...
- 03/10/18--08:14: _Are Financial Const...
- 12/04/18--06:26: _Default Activism in...
- 11/22/16--01:01: Corporate Deleveraging
- 08/31/17--06:28: Make-Whole Premiums and the Agency Costs of Debt
- 09/30/17--07:25: Corporate Debt Maturity Profiles
- 12/04/17--06:00: Firm Age, Corporate Governance, and Capital Structure
- 12/22/17--06:10: Analysis of Final Tax Reform Legislation
- 01/21/18--07:26: The Strained Marriage of Public Debts and Private Contracts
- 03/10/18--08:14: Are Financial Constraints Priced? Evidence from Textual Analysis
- 12/04/18--06:26: Default Activism in the Debt Market
In a decision issued on September 19, 2016, the U.S. District Court for the Southern District of New York ruled that bondholders were entitled to a “make-whole” redemption premium, as opposed to a repayment at par, following a default by the issuer under the related bond indenture. The decision raises important considerations for issuers of […]
Deleveraging is central to capital structure dynamics, yet systematic analysis of the phenomenon is limited to a handful of prior studies that examine changes in average leverage for samples of firms selected to have high and/or recently increased leverage ratios. Having a more complete understanding of the nature and extent of deleveraging is of first-order […]
On November 17, the U.S. Court of Appeals for the Third Circuit (the “Court”) made clear its stance on the question of enforceability of make-whole provisions in bankruptcy. Bucking the recent trend seen in cases such as In re MPM Silicones, LLC, No. 14-22503-RDD, 2014 WL 4436335 (Bankr. S.D.N.Y. Sept. 9, 2014), aff’d, 531 B.R.321 […]
On January 17, 2017, the Second Circuit Court of Appeals (the “Court”) held that Section 316(b) of the Trust Indenture Act of 1939, as amended (“TIA”), prohibits only non-consensual amendments to an indenture’s core payment terms (the amount of principal and interest owed and the date of maturity) . This holding reversed the decision of […]
Empirical evidence suggests that asset pledgeability, debt complexity, and valuable control rights of dispersed debt influence the resolution of financial distress. Firms that borrow from multiple uncoordinated creditors and have more tangible assets often fail to renegotiate debt out of court and inefficiently file for bankruptcy. But the current theoretical literature is at odds with […]
Minority equity investments in public companies are on the rise. These are often structured as an investment in convertible preferred stock to give the investor a senior position to other equity while preserving equity upside through the ability to convert to common stock. This trend is likely sparked by a search for higher yield than […]
A make-whole premium is a contractual penalty a borrower must pay for prepaying a loan. In several recent bankruptcy cases, the court ruled that the debtor triggered its make-whole obligations by voluntarily filing for bankruptcy and thereby accelerating all of its debts. In such cases, the questions then arise whether, and at what level of […]
The article Corporate Debt Maturity Profiles, forthcoming in the Journal of Financial Economics, studies a novel aspect of a firm’s capital structure, namely the dispersion of debt maturities. Extant literature offers little guidance on this aspect of capital structure, and lack of evidence is at variance with practitioners emphasizing that rollover risk affects debt maturity […]
This paper is motivated by two considerations. First, prior research argues that as a firm grows older, it should use more debt as it has more assets-in-place and fewer growth options. Second, prior research argues that as firms age after going public, their governance should adapt to their changing needs. Thus, our paper combines both […]
The view that bankers’ compensation created the incentives that led to the latest financial crisis has prompted numerous proposals to regulate pay at financial institutions. However, despite the attention devoted to executive pay by regulators, extant research provides mixed support for the hypothesis that CEO compensation in the run-up to the crisis influenced bank risk […]
Final bill retains key aspects of House and Senate proposals with some surprise last-minute modifications. On December 15, 2017, a conference committee composed of members of the US House of Representatives and the US Senate approved a Conference Report (the Report) reconciling the tax reform bills passed by each chamber. Both the House and the […]
A casual observer of recent policy debates might reasonably conclude that sovereign debt crises of the sort that have ravaged Argentina, Greece, Ukraine, and Venezuela would be less frequent and less damaging if only debtors and creditors could tweak a few words in their bond contracts. Contract reform got a boost from successful enforcement litigation […]
In our paper, Are Financial Constraints Priced? Evidence from Textual Analysis, forthcoming in the Review of Financial Studies, we develop a new measure of financial constraints based on the narrative portions of company annual reports and use this measure to revisit the question of whether financial constraints affect stock returns. Financial constraints arise from frictions […]
We have recently seen an increase in contentious disputes, some public and many not, between companies and their debt investors. Clashes between borrowers and their lenders are as old as debt itself, but what we are seeing now is something different. In these situations, debt investors are not merely seeking to enforce their contractual entitlement […]