Exit consents pose threat to creditors’ rights

The Emerging Market Creditors Association is becoming nervous because Ecuador included exit constraints in its exchange offer. Now they have been used successfully once, they may be used again elsewhere.

       
Michael Chamberlin

If bondholders’ unhappiness at the way they were treated in Pakistan, Ecuador and Ukraine boils down to the fact that they perceive that creditors’ rights were not respected, then the most egregious example of those rights being demolished came in the case of Ecuador, with the inclusion of exit consents in the exchange offer. Now that they have been used successfully once, there is a presumption among a lot of market participants that they will be used again.

Access intelligence that drives action

To unlock this research, enter your email to log in or enquire about access