Research Handbook on the Economics of Property Law

Research Handbook on the Economics of Property Law

Research Handbooks in Law and Economics series

Edited by Kenneth Ayotte and Henry E. Smith

Leading scholars in the field of law and economics contribute their original theoretical and empirical research to this major Handbook. Each chapter analyzes the basic architecture and important features of the institutions of property law from an economic point of view, while also providing an introduction to the issues and literature.

Chapter 8: Covenant Lite Lending, Liquidity, and Standardization of Financial Contracts

Kenneth Ayotte and Patrick Bolton

Subjects: economics and finance, law and economics, law - academic, law and economics

Extract

Kenneth Ayotte and Patrick Bolton* 1 INTRODUCTION The last decade has witnessed many rapid changes in corporate financial practice. Perhaps most important among these is the expansion of securitization to corporate loans. Through securitization, corporate loans are originated and sold into investment vehicles that issue securities called Collateralized Loan Obligations (CLOs). A common justification for securitization is that it allows for otherwise illiquid corporate loans to be transformed into more liquid securities that can be easily traded in secondary markets.1 Though the channel through which this ‘liquidity creation’ occurs is not fully understood, a common explanation is that the process of pooling a large volume of loans allows third-party rating agencies, and the asset managers that assemble these pools, to create standardized securities that are easier to value than the individual, idiosyncratic loans that back the securities.2 This standardization occurs through several channels. First, credit rating agencies publish and use a standardized process to determine ratings for CLOs and the underlying assets in the loan pools.3 For example, assumptions regarding loan recovery in default, an input into the rating process, use standard formulae based on the priority ranking of the loan in the capital structure. Asset managers also provide standardization of the product offered to investors through the collateral restrictions in their organizational documents. These restrictions provide a list of characteristics to which the manager must adhere in assembling the loans in the pool. A noteworthy feature of this type of standardization is that it is open-ended: while the composition...

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information