Before looking at the resolutions that are open to the companies on default of the bond it is first important to look at the type of bond that we are dealing with. The bond in this situation is a Eurobond. A Eurobond is a bond which is outside of the control of the country in whose currency they are denominated and they are sold n different countries at the same time by large companies. Eurobonds typically have maturities of 5 to 15 years and interest on them, which is payable gross may be at either a fixed or a floating rate. Eurobonds are bearer securities, which means that their owners are unregistered, and so they offer investors the attraction of anonymity. Because Eurobonds are unsecured, companies that issue them must be internationally known and have an excellent credit ratings. Companies may find that Eurobonds useful for financing long-term investment, or as a way of balancing their long term asset and liability structures in terms of exposure to exchange rate risks. Next to look at the situation on default if there is a trustee in place. A trustee will be able to deal with the default and the issues that arise out of this. The fundamental feature of the trust is the separation of legal and equitable title. In the commercial sphere various advantages flow from this. Equitable ownership vests in the beneficiaries of the trust. The use of a trust permits the trustees to exercise their discretion in the vent of a default and thereby protects the borrower from arbitrary legal action at the hands of an individual bondholder. If there is a trustee in place the bondholders will enjoy the equitable protection of being treated equally and the financial expertise of the trustee, who has the resources to bring action against the borrower if required. As S &C are Italian the Hague Convention will apply to this transaction. Article 2 of the Hague Convention states that the trustee has the power and the duty, for in respect of which he is accountable, to manage, employ or dispose of the assets in accordance with the terms of he trust and the special duties imposed upon him by law. As safeguards, nothing in the Hague Convention prejudices the powers of states in fiscal matters or the power of a court to apply its own public policy rules, while if all maters are internal to a state, other than the choice of a foreign law to govern the trust and foreign trustees, a court of hat state had the option not to recognise the trust. Where there is a trustee in a bond issue, it is common that the trustee should be given discretion to make determinations as to whether or not a matter is material. This will be relevant to issues such as whether the trustee, of its own volition and without seeking instructions from the bondholders, should be permitted to consent to a request made by the issuer for a minor amendment to the conditions attached to the bonds or to the giving of an inconsequential waiver from compliance with such conditions.
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