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Samstag, 22. Februar 2014

Debt Coverage: Reuters: “Elliott vs Argentina: 3 possible resolutions” (Salmon) The Business Times: “Argentina appeals against US$1.33b court order” BN Americas: “Argentina pleads poverty, threatens default in its final petition to US supreme court”

Wednesday, February 19, 2014
By Felix Salmon
Argentina, as everybody knew it would, has gone to the Supreme Court to appeal the bad (and ignoble) ruling against the country by New York’s Second Circuit. The most likely final outcome, still, is that Argentina will default, for the reasons (but not with the timing) I gave last year. But, with this petition, Argentina now has three possible outs.
Call them sovereign immunity, pari passu, and the bondholders’ ransom. None of them is particularly likely to happen — but add them all together, and there’s still a glimmer of hope for Argentina.
1. Sovereign Immunity
The first one is, in a sense, the obvious one. Argentina has appealed the lower court ruling to the Supreme Court, and it is possible that the Supreme Court will accept the case, hear it, and find in favor of Argentina. (If that happens, the decision would come down some time between October 2014 and June 2015.)
The Business Times
Wednesday, February 19, 2014
[WASHINGTON] Argentina filed an appeal to the US Supreme Court on Tuesday seeking to reverse lower court decisions ordering the country to pay US$1.33 billion to hedge fund creditors in a case Argentine officials warn could force it to default on its sovereign debt.
The appeal followed a Nov 18 decision by the 2nd US Circuit Court of Appeals in New York denying Argentina's petition for a rehearing in a decade-long legal battle with bondholders who refused to accept the country's two debt-restructuring offers after the country defaulted on $100 billion in 2002.
The litigation has heightened investor concerns about a potential debt crisis in South America's second-largest economy, which is reeling from a 17 per cent currency devaluation last month that sent shudders through global markets.
BN Americas
Wednesday, February 19, 2014
By Natal Levy
Argentina has filed its final petition to the US supreme court for a hearing (certiorari) in its long running battle with bond holdouts led by NML Capital, a unit of Elliott Management, a battle which has persisted since the country defaulted on its bonds in 2002.
The petition filed on Tuesday evening, and most likely the final legal recourse available to the country, took care to once again highlight the limited resources of the state and the potential for an economic crisis should the court refuse to reconsider the August 23, 2013 ruling by the second circuit court of appeal.
That ruling set a ratable payment formula, enjoining other market participants, including BNY Mellon, to the decision requiring Argentina to pay over US$1.3bn. Furthermore, the second circuit court set forward restrictions to ensure the holdouts are treated in the same way as other creditors (the pari passu clause) and called for payment of over US$1.3bn including overdue interest to be made.

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