Ep 126 ft. Mitu & Mark

Clauses & Controversies - A podcast by Mitu Gulati & Mark Weidemaier - Mondays

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Tierra del Fuego and Tinfoil Hats The financial press has mostly overlooked the recent debt restructuring by Argentine province Tierra del Fuego. (To be fair, Mark has overlooked it too.) But there were aspects of the deal that might strike some as a bit coercive – like an initial proposal to pay investors who consented early more than investors who took more time, and different payments ultimately made to consenting and non-consenting creditors. Why bother using such coercive tactics, when they arguably weren't needed to get the deal done? Were the tactics even coercive? Should conspiracy theorists see a broader pattern in which issuers are using coercive tactics in minor restructurings so as to create a precedent for their use in big ones? We put on our tinfoil hats and speculate. Producer: Leanna Doty