Clauses & Controversies

Ep 70 - How to Destroy the Collective Action Clause?


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How to Destroy the Collective Action Clause?
Do the latest state-of-the-art version of CACs -- which have become standard in international bonds since 2014 – have a gaping hole in them? Surely not. Yet, a random conversation during the breaks to one of our recent podcasts made us look closer at some language in the new CACs. And that language seems to give issuers in crisis such as Sri Lanka an enormous tactical advantage in that debt restructuring that is coming up. Alas, Russia has the same advantage.
Producer: Leanna Doty
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Clauses & ControversiesBy Mitu Gulati & Mark Weidemaier

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