LyrArc Article Gist
Lawyers Buchheit and and Gulati help Greece design a legal agreement that writes in a new collective action clause. The collective action clause ensures a 95% participation for the bond restructuring deal Greece is doing in March 2012 to cut its debt to sustainable levels. A similiar deal could be designed for Portugal says Mitu Gulati, a law professor at Duke University. Because Greece's bonds are written under Greek law, writing in a new collective action clause is a legal mechanism for achieving a meaningful debt reduction and bond restructuring deal- this is something Gulati and Buchheit figured out because of their expertise in this field. A joint paper by Buchheit and Gulati in 2010, first explored the way in which private bondholders of Greek bonds who reject a bond debt restructuring could be forced to accept the same losses as other investors who accepted the deal. They are now advisors to the government of Greece. In early 2011 there was serious discussion that the Brady Bonds debt restructuring for Latin American debt of Argentina, Mexico and Brazil of the 1980's, under which private investors traded in their old bonds for new bonds with longer duration at reduced interest rates and lower value- reflecting voluntary losses accepted by bondholders- was the approach needed for Greece, Portugal, Ireland and other eurozone countries. Then U.S. Treasury Secretary Nicholas Brady took the lead- in Landon Thomas Jr., NYT, 11/30/2010. Bondholders held out throughout this period, with Charles Dallara, one of the architects of the Brady bonds restructuring, hired by European banks to negotiate on their behalf. It was only when German Chancellor Merkel delivered an ultimatum by telling Dallara "this is the last offer," during a late night meeting on Oct. 27, 2011, at EU headquarters in Brussels, was an agreement reached on serious debt reduction- in Walker, Forelle, Meichtry, WSJ, 12/30/2011. The long delay meant a worsening crisis in Greece and the rest of the eurozone.