The third debt swap approved by Congress is moving very slowly. This move to show that Argentina is not a “recalcitrant” debtor still has not been put into motion. On the economic team, they are aiming to have this operation go in the first quarter. There will be official filings before the U.S. Securities and Exchange Commission and regulatory entities in Italy and Europe in general. They will not have banks nor legal advisors for the drafting of the filings; it is “living on our own” applied to debt. The market’s bet was that the swap would only be launched in Argentina but the government will move forward with that offer in the main markets, repeating the actions of 2010. Definitively, it’s another move in a plan to add a large number of holders of papers still in default.
On the economic team, they are aiming to have this operation go in the first quarter.
Ambito Financiero
Vultures: an “en banc” rejection to an Argentine petition is coming
The third swap, still in an embryonic stage. “Amici” are being sought. The dance of the bondholders.
Monday, November 04, 2013
By Guillermo Laborda
The
countdown continues in American court. The decision on Friday in the
Court of Appeals was expected. There were no surprises: Argentina can
continue in New York paying the bondholders until the final decision of
the Supreme Court, avoiding the vulture funds and other creditors with
paper still in default. But the “en banc” decision is imminent from the
same Court of Appeals before the end of the year, and it will be
against Argentina. That court, in plenary, will surely uphold the
decision of the three judges from August 23 in which it ordered the
payment of 100% of what is owed to the creditors equal with the payment
that are made to the bondholders. In a case of this relevance, with
countries and third parties involved, it’s obvious that the three judges
consulted with the rest of their peers on the decision. The “en banc”
appeal is simply a recourse for the country to buy time. And time is
gold for officials.
Once
this rejection arrives, in seven months there should be a decision from
the Supreme Court, in which Argentina’s chances of reversing previous
sentences are very low. Officials consulted by Ambito Financiero over
the weekend pointed out that following all the processes, in 90 days the
“en banc” decision will be appealed to the Supreme Court, and from
there the “amicus curiae” will be filed. The official betting is on
adding the American government and stretching out the timing of the
final sentence with the ups and downs of the process. It’s good to
recall that in previous rounds filings from the same origin were not
forthcoming.
The
third debt swap approved by Congress is moving very slowly. This move
to show that Argentina is not a “recalcitrant” debtor still has not been
put into motion. On the economic team, they are aiming to have this
operation go in the first quarter. There will be official filings
before the U.S. Securities and Exchange Commission and regulatory
entities in Italy and Europe in general. They will not have banks nor
legal advisors for the drafting of the filings; it is “living on our
own” applied to debt. The market’s bet was that the swap would only be
launched in Argentina but the government will move forward with that
offer in the main markets, repeating the actions of 2010. Definitively,
it’s another move in a plan to add a large number of holders of papers
still in default.
In
parallel the bondholders are in motion. In the first place, there is
the plan from Gramercy to achieve an agreement with the “holdouts” based
on the sacrifice that the bondholders would have to make. They would
have to give up part of their interest and amortizations they have to
collect to the vulture funds and other creditors. Until now there is no
bank that has been contracted (the candidate, Barclays, has already
closed almost all of its offices in Latin America). In the government,
it is seen as an “idea” from the private sector. Nothing more. In the
same category, there is the other plan, with the offer of an agreement
led by attorney Eugenio Bruno. Formally, they have not come into the
inboxes of the Economy Ministry. That is what they claim.
Where
no movement is being seen is on the economic team after the agreement
with companies in the framework of the ICSID, the World Bank tribunal.
Requests still have to be made now before the U.S. to restore tariff
privileges that were revoked by the country over non-compliance with
those sentences. And this month the IMF board will meet to take up the
progress from Argentina on the measuring of inflation and GDP. It’s
clear in the organization that the problem is one of “data entry”, not
methodology in particular. If the data going in is artificial, there is
no method that can resist it. For that, skepticism reigns.
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