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Covenants And Third Party Creditors


Covenants And Third Party Creditors
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Covenants And Third Party Creditors


Covenants And Third Party Creditors
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Author : Daniela Matri
language : en
Publisher: Springer
Release Date : 2017-10-17

Covenants And Third Party Creditors written by Daniela Matri and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-17 with Law categories.


This book adds to the debate on the effects of covenants on third-party creditors (externalities), which have recently become a focus of discussion in the contexts of bankruptcy law, corporate law and corporate governance. The general thrust of the debate is that negative effects on third-party creditors predominate because banks act in their own self-interest. After systematising the debated potential positive and negative externalities of covenants, the book empirically examines these externalities: It investigates the banks’ factual conduct and its effects on third-party creditors in Germany and the US. The study’s most significant outcome is that it disproves the assumption that banks disregard third-party creditors’ interests. These findings are then interpreted with the tools of economic analysis; particularly, with the concept of common pool resources (CPRs). Around the aggregated value of the debtor company’s asset pool (as CPR) exists an n-person prisoner’s dilemma between banks and third-party creditors: No creditor knows when and under what conditions the other creditor will appropriate funds from the debtor company’s asset pool. This coordination problem is traditionally addressed by means of bankruptcy law and collaterals. However, the incentive structure that surrounds the bilateral private governance system created by covenants and an event of default clause (a CPR private governance system) is found to also be capable of tackling this problem. Moreover, the interaction between the different regulation spheres – bankruptcy law, collateral and the CPR private governance system − has important implications for both the aforementioned discussions as well as the legal treatment of covenants and event of default clauses. Covenants alone cannot be seen as an alternative to institutional regulation; the complete CPR private governance system and its interaction with institutional regulation must also be taken into consideration. In addition, their function must first find more acceptance and respect in the legal treatment of covenants and event of default clauses: The CPR private governance system fills a gap in the regulation of the tragedy of the commons by bankruptcy law and collateral. This has particularly important implications for the German § 138 BGB, § 826 BGB and ad hoc duties to disclose insider information.



A Treatise On Arrangement With Creditors Under The Bankruptcy Act 1861 With Precedents Etc


A Treatise On Arrangement With Creditors Under The Bankruptcy Act 1861 With Precedents Etc
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Author : William Downes GRIFFITH
language : en
Publisher:
Release Date : 1865

A Treatise On Arrangement With Creditors Under The Bankruptcy Act 1861 With Precedents Etc written by William Downes GRIFFITH and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1865 with categories.




The London Gazette


The London Gazette
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Author : Great Britain
language : en
Publisher:
Release Date : 1865

The London Gazette written by Great Britain and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1865 with Gazettes categories.




Cases Argued And Determined In The Court Of Common Pleas And In The Exchequer Chamber


Cases Argued And Determined In The Court Of Common Pleas And In The Exchequer Chamber
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Author : John Scott
language : en
Publisher:
Release Date : 1866

Cases Argued And Determined In The Court Of Common Pleas And In The Exchequer Chamber written by John Scott and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1866 with Law reports, digests, etc categories.




Reports Of Cases Argued And Determined In The English Courts Of Common Law


Reports Of Cases Argued And Determined In The English Courts Of Common Law
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Author : John Cole Lowber
language : en
Publisher:
Release Date : 1876

Reports Of Cases Argued And Determined In The English Courts Of Common Law written by John Cole Lowber and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1876 with Law reports, digests, etc categories.




An Analytical Digest Of The Law And Practice Of The Courts Of Common Law Divorce Probate Admiralty And Bankruptcy And Of The High Court Of Justice And The Court Of Appeal Of England


An Analytical Digest Of The Law And Practice Of The Courts Of Common Law Divorce Probate Admiralty And Bankruptcy And Of The High Court Of Justice And The Court Of Appeal Of England
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Author : Ephraim Arnold Jacob
language : en
Publisher:
Release Date : 1882

An Analytical Digest Of The Law And Practice Of The Courts Of Common Law Divorce Probate Admiralty And Bankruptcy And Of The High Court Of Justice And The Court Of Appeal Of England written by Ephraim Arnold Jacob and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1882 with Law reports, digests, etc categories.




English Reports Annotated 1866 1900


English Reports Annotated 1866 1900
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Author : Maxwell Alexander Robertson
language : en
Publisher:
Release Date : 1867

English Reports Annotated 1866 1900 written by Maxwell Alexander Robertson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1867 with Law reports, digests, etc categories.




Reports Of Cases Argued And Determined In The English Courts Of Common Law


Reports Of Cases Argued And Determined In The English Courts Of Common Law
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Author : Great Britain. Courts
language : en
Publisher:
Release Date : 1871

Reports Of Cases Argued And Determined In The English Courts Of Common Law written by Great Britain. Courts and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1871 with Law reports, digests, etc categories.




The Law Of Private Arrangements Between Debtors And Creditors


The Law Of Private Arrangements Between Debtors And Creditors
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Author : Reginald Winslow
language : en
Publisher:
Release Date : 1885

The Law Of Private Arrangements Between Debtors And Creditors written by Reginald Winslow and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1885 with Assignments categories.




The Solicitors Journal Reporter


The Solicitors Journal Reporter
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Author :
language : en
Publisher:
Release Date : 1865

The Solicitors Journal Reporter written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1865 with Law categories.