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An Institutional Innovation To Reduce The Agency Costs Of Public Corporate Bonds

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  • Yakov Amihud
  • Kenneth Garbade
  • Marcel Kahan

Abstract

This paper proposes an institutional innovation in the structure of public bonds that is intended to provide some of the advantages of private loans‐ active monitoring, tight covenants, and ease of reorganization‐while retaining the benefits of liquidity and ease of diversification provided by publicly traded securities. The authors propose that a publicly registered corporate bond provide for a “supertrustee” who will act on behalf of bondholders. The supertrustee will be charged with responsibility to monitor the compliance of the borrower with the terms of the bond covenants and given exclusive authority to negotiate amendments to the covenants and decide what action to take in the event of a breach of a covenant.

Suggested Citation

  • 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, March.
    • Handle: RePEc:bla:jacrfn:v:13:y:2000:i:1:p:114-121
    DOI: 10.1111/j.1745-6622.2000.tb00046.x
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    Cited by:

    1. Flavio Bazzana & Luigi Mittone & Luciano Andreozzi, 2015. "The Freeze-out Bond Exchange Offer: An Experimental Approach," Journal of Behavioral Finance, Taylor & Francis Journals, vol. 16(2), pages 150-162, April.
    2. International Association of Deposit Insurers, 2011. "Evaluation of Deposit Insurance Fund Sufficiency on the Basis of Risk Analysis," IADI Research Papers 11-11, International Association of Deposit Insurers.
    3. García-Céspedes, Rubén & Moreno, Manuel, 2014. "Estimating the distribution of total default losses on the Spanish financial system," Journal of Banking & Finance, Elsevier, vol. 49(C), pages 242-261.
    4. Jakub Seidler, 2008. "Implied Market Loss Given Default: structural-model approach," Working Papers IES 2008/26, Charles University Prague, Faculty of Social Sciences, Institute of Economic Studies, revised Oct 2008.
    5. Grunert, Jens & Weber, Martin, 2009. "Recovery rates of commercial lending: Empirical evidence for German companies," Journal of Banking & Finance, Elsevier, vol. 33(3), pages 505-513, March.
    6. Flavio Bazzana & Marco Palmieri, 2012. "How to increase the efficiency of bond covenants: a proposal for the Italian corporate market," European Journal of Law and Economics, Springer, vol. 34(2), pages 327-346, October.
    7. Solomon Y. Deku & Alper Kara & David Marques‐Ibanez, 2019. "Trustee reputation in securitization: When does it matter?," Financial Markets, Institutions & Instruments, John Wiley & Sons, vol. 28(2), pages 61-84, May.

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