Optimal financial contracts for large investors: the role of lender liability
Mitchell Berlin and
Loretta Mester
No 00-1, Working Papers from Federal Reserve Bank of Philadelphia
Abstract:
This paper explores the optimal financial contract for a large investor with potential control over a firm's investment decisions. The authors show that an optimally designed menu of claims for a large investor will include features resembling a U.S. version of lender liability doctrine, equitable subordination. This doctrine permits a firm's claimants to seek to subordinate a controlling investor's financial claim in bankruptcy court, but only under well-specified conditions. Specifically, the authors show that this doctrine allows a firm to strike an efficient balance between two concerns: (i) inducing the large investor to monitor, and (ii) limiting the influence costs that arise when claimants can challenge existing contracts in bankruptcy court. ; The paper also provides a partial rationale for a financial system in which powerful creditors do not generally hold blended debt and equity claims.
Keywords: Bank loans; Bank investments; Venture capital (search for similar items in EconPapers)
Date: 2000
New Economics Papers: this item is included in nep-fin, nep-ind and nep-mic
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Citations: View citations in EconPapers (2)
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Working Paper: Optimal Financial Contracts for Large Investors: The Role of Lender Liability (2000)
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