Article
Leveraged Liquidity: Bear Raids and Junk Loans in the New Credit Market
J. Corp. L.
(2008)
Abstract
As instability in the credit market has spread from sub-prime mortgages into commercial sectors, demand grows for a cogent account of what has happened and why. To that end, I emphasize the role of market and funding liquidity dynamics in the current credit crunch. After introducing the major themes in terms accessible to a nonfinancial reader, I draw on economist Hyman Minsky’s work on financial instability to analyze the special liquidity dynamics of leverage cycles. In particular, I focus on market structure factors vexing financial market regulators: the rise of nonbank lenders, the growth of floating-rate debt; the dynamics of secondary and derivative markets for credit; and the attitude shifts that come with financial euphoria. I then zero in on the corporate version of sub-prime borrowing that many U.S. corporations used to finance the recent wave of mergers, acquisitions, and other types of “shareholder-friendly” transactions: leveraged loans. These are secured, sub-investment-grade, floating-rate loans priced off LIBOR. I conclude with recommendations for how regulatory and financial models can better reflect the new realities of the credit market.
Keywords
- Hyman Minsky,
- leveraged loan,
- Federal Reserve,
- discount window,
- sovereign wealth fund,
- liquidity,
- repurchase agreement
Disciplines
Publication Date
2008
Citation Information
Jose M. Gabilondo, Leveraged Liquidity: Bear Raids and Junk Loans in the New Credit Market , 34 J. Corp. L. 447 (2009).