Monday 21 May 2012

Investors attempt to accelerate the CHF bond

It seems that investors holding the 530million of the CHF Greek bond (CH0021839524) are asking the Principal Paying Agent (CSFB) to accelerate the bond based on the Negative pledge clause.
To remind you, this bond was part of the PSI but bondholders rejected the PSI overwhelmingly.
If the paying Agent accepts the argument of the investors then Greece has to apply the same guarantees it has given to the Finnish government. If not, then the bonds would have to be paid in 30 days instead of July 2013. Failing this it would be an event of Default and possibly trigger the remaining outstanding Foreign Law Greek bonds.

The current action to accelerate the bond is based on the negative pledge:

7. Status of the Bonds and Negative Pledge
The Bonds and Coupons constitute direct, general, unconditional, unsubordinated and, subject this Section, unsecured obligations of the Borrower. The Bonds rank pari passu with all other unsecured and unsubordinated obligations of the Borrower outstanding on July 5, 2005 or issued thereafter without any preference granted by the Borrower to one above the other by reason of priority of date of issue, currency of payment, or otherwise. The due and punctual payment of the Bonds and the performance of the obligations of the Borrower with respect thereto is backed by the full faith and credit of the Borrower. So long as any Bond remains outstanding, the Borrower shall not create or permit to subsist any mortgage, pledge, lien or charge upon any of its present or future revenues, properties or assets to secure any External Indebtedness, unless the Bonds shall also be secured by such mortgage, pledge, lien or charge equally and rateably with such External Indebtedness or by such other security as may be apporoved by an Extraordinary Resolution of the Bondholders (as described in Section 14). “External Indebtedness” means existing and future indebtedness for borrowed money of the Borrower or the Bank of Greece (which in the case of the Bank of Greece was incurred on or before December 31, 1993 for or on behalf of, or for the purposes of lending or assigning an amount equal to all or part of such indebtedness (whether or not in the currency of such indebtedness) to, the Borrower) expressed or payable or optionally payable in a currency other than the lawful currency of the Borrower (including any guarantees given by the Borrower of any existing or future indebtedness for borrowed money of any other person which indebtedness is expressed or payable or optionally payable in a currency other than the lawful currency of the Borrower).