How to increase the efficiency of bond covenants: a proposal for the Italian corporate market
Covenants are particular clauses in the debt contracts of firms that restrict business policy, giving creditors the possibility of putting precise actions into force (normally early repayment) when the covenants are violated. The main purpose of covenants given in the literature is to resolve the conflicts of interest between shareholders and bondholders. Lack of coordination between bondholders may, however, reduce the efficiency of these instruments. We propose an application of the Italian law allowing the insertion of a mandatory representation into the new financial hybrid contracts to give an investment firm the right to act with full power on behalf of the bondholders. We show the impact of this proposal using a formalised example for the issuance of a bond with a covenant for a firm. Copyright Springer Science+Business Media, LLC 2012
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- Cem Demiroglu & Christopher M. James, 2007.
"The information content of bank loan covenants,"
1051, Federal Reserve Bank of Chicago.
- Black, Ervin L. & Carnes, Thomas A. & Mosebach, Michael & Moyer, Susan E., 2004. "Regulatory monitoring as a substitute for debt covenants," Journal of Accounting and Economics, Elsevier, vol. 37(3), pages 367-391, September.
- Jensen, Michael C. & Meckling, William H., 1976. "Theory of the firm: Managerial behavior, agency costs and ownership structure," Journal of Financial Economics, Elsevier, vol. 3(4), pages 305-360, October.
- Bolton, Patrick & Scharfstein, David S, 1996. "Optimal Debt Structure and the Number of Creditors," Journal of Political Economy, University of Chicago Press, vol. 104(1), pages 1-25, February.
- Nash, Robert C. & Netter, Jeffry M. & Poulsen, Annette B., 2003. "Determinants of contractual relations between shareholders and bondholders: investment opportunities and restrictive covenants," Journal of Corporate Finance, Elsevier, vol. 9(2), pages 201-232, March.
- Sweeney, Amy Patricia, 1994. "Debt-covenant violations and managers' accounting responses," Journal of Accounting and Economics, Elsevier, vol. 17(3), pages 281-308, May.
- Arturo Bris & Ivo Welch, 2001.
"The Optimal Concentration of Creditors,"
NBER Working Papers
8652, National Bureau of Economic Research, Inc.
- Ivo Welch & Arturo Bris, 2001. "The Optimal Concentration of Creditors," Yale School of Management Working Papers ysm248, Yale School of Management, revised 01 Apr 2004.
- Ivo Welch & Bris, Arturo, 2001. "The Optimal Concentration of Creditors," Cowles Foundation Discussion Papers 1338, Cowles Foundation for Research in Economics, Yale University, revised Jan 2002.
- Rajan, Raghuram G, 1992. " Insiders and Outsiders: The Choice between Informed and Arm's-Length Debt," Journal of Finance, American Finance Association, vol. 47(4), pages 1367-400, September.
- Simon H. Kwan & Willard T. Carleton, 2004.
"Financial contracting and the choice between private placement and publicly offered bonds,"
Working Paper Series
2004-20, Federal Reserve Bank of San Francisco.
- Simon H. Kwan & Willard T. Carleton, 2010. "Financial Contracting and the Choice between Private Placement and Publicly Offered Bonds," Journal of Money, Credit and Banking, Blackwell Publishing, vol. 42(5), pages 907-929, 08.
- Sudheer Chava & Michael R. Roberts, 2008. "How Does Financing Impact Investment? The Role of Debt Covenants," Journal of Finance, American Finance Association, vol. 63(5), pages 2085-2121, October.
- Myers, Stewart C., 1977. "Determinants of corporate borrowing," Journal of Financial Economics, Elsevier, vol. 5(2), pages 147-175, November.
- Stephen Morris & Hyun Song Shin, 2001.
"Coordination risk and the price of debt,"
LSE Research Online Documents on Economics
25046, London School of Economics and Political Science, LSE Library.
- Stephen Morris & Hyun Song Shin, 1999. "Coordination Risk and the Price of Debt," Cowles Foundation Discussion Papers 1241R, Cowles Foundation for Research in Economics, Yale University, revised Feb 2002.
- Stephen Morris & Hyun Song Shin, 1999. "Coordination Risk and the Price of Debt," Cowles Foundation Discussion Papers 1241, Cowles Foundation for Research in Economics, Yale University.
- Hyun Song Shin & Stephen Morris, 2001. "Coordination Risk and the Price of Debt," FMG Discussion Papers dp373, Financial Markets Group.
- Enrica Detragiache & Paolo Garella & Luigi Guiso, 2000. "Multiple versus Single Banking Relationships: Theory and Evidence," Journal of Finance, American Finance Association, vol. 55(3), pages 1133-1161, 06.
- Yaxuan Qi & John Wald, 2008. "State Laws and Debt Covenants," Journal of Law and Economics, University of Chicago Press, vol. 51(1), pages 179-207, 02.
- Smith, Clifford Jr. & Warner, Jerold B., 1979. "On financial contracting : An analysis of bond covenants," Journal of Financial Economics, Elsevier, vol. 7(2), pages 117-161, June.
- Asquith, Paul & Beatty, Anne & Weber, Joseph, 2005. "Performance pricing in bank debt contracts," Journal of Accounting and Economics, Elsevier, vol. 40(1-3), pages 101-128, December.
- Paul Mather & Graham Peirson, 2006. "Financial covenants in the markets for public and private debt," Accounting and Finance, Accounting and Finance Association of Australia and New Zealand, vol. 46(2), pages 285-307.
- Nicolae Garleanu & Jeffrey Zwiebel, 2009. "Design and Renegotiation of Debt Covenants," Review of Financial Studies, Society for Financial Studies, vol. 22(2), pages 749-781, February.
- Ongena, Steven & Smith, David C., 2000. "What Determines the Number of Bank Relationships? Cross-Country Evidence," Journal of Financial Intermediation, Elsevier, vol. 9(1), pages 26-56, January.
- Canovi Luciana & Grasso Alessandro Giovanni & Venturelli Valeria, 2007. "Il fabbisogno di capitale di rischio delle PMI innovative in Italia," Banca Impresa Società, Società editrice il Mulino, issue 2, pages 309.
- Beatty, Anne & Ramesh, K. & Weber, Joseph, 2002. "The importance of accounting changes in debt contracts: the cost of flexibility in covenant calculations," Journal of Accounting and Economics, Elsevier, vol. 33(2), pages 205-227, June.
- Koichi Takeda, 2003. "The Influence of Large Creditors on Creditor Coordination," Economics Bulletin, AccessEcon, vol. 7(6), pages 1-11.
- Jyrki Niskanen & Mervi Niskanen, 2004. "Covenants and Small Business Lending: The Finnish Case," Small Business Economics, Springer, vol. 23(2), pages 137-149, 09.
- Camerer, Colin & Knez, Marc, 1996. "Coordination, Organizational Boundaries and Fads in Business Practices," Industrial and Corporate Change, Oxford University Press, vol. 5(1), pages 89-112.
- Franz Hubert & Dorothea Schäfer, 2002. "Coordination Failure with Multiple-Source Lending, the Cost of Protection Against a Powerful Lender," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 158(2), pages 256-, June.
- Carletti, Elena, 2004. "The structure of bank relationships, endogenous monitoring, and loan rates," Journal of Financial Intermediation, Elsevier, vol. 13(1), pages 58-86, January.
- Yakov Amihud & Kenneth Garbade & Marcel Kahan, 2000. "An Institutional Innovation To Reduce The Agency Costs Of Public Corporate Bonds," Journal of Applied Corporate Finance, Morgan Stanley, vol. 13(1), pages 114-121.
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