2013-04-16 10:05:26 +02:00

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financialcrisis
8182703
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# Allied Irish Bank bondholders to sue Irish government
## Bondholders in Allied Irish Bank are preparing to sue the Irish state over
losses they expect to be forced to take, in a move that may imperil attempts
by the government to raise fresh funds next year.
![][1]
By Harry Wilson 6:15AM GMT 06 Dec 2010
[Comments][2]
The investors, who include some of the world's largest fixed-income pension
and insurance funds, held talks on Friday about taking the Irish government to
court if it forces a second round of "haircuts" on the value of subordinated
debt issued by Allied Irish.
Anglo Irish Bank and Irish Nationwide have already been the subject of legal
action from subordinated debt investors, but so far without success.
What makes the latest bondholder group's action particularly significant is
that it is dominated by "long-only" investors and not so-called "speculators"
like hedge funds. Investors' anger may prompt fears of a "buyers' strike" when
Ireland, and other indebted euro area countries, come to the market next year
to refinance hundreds of billions of euros of maturing sovereign debt.
"These are the pension funds, insurers and main fixed-income funds that are
the backbone of the bond market," said one source. "Many of these funds are
not going to want to touch Irish paper for a long-time. I hope governments
realise they are angering precisely the people they are going to need to
convince to buy new bonds."
Law firm Bingham McCutchen is understood to be organising the group and hosted
a conference call on Friday for Allied Irish investors that wish to take legal
action. Bingham also advised Irish Nationwide subordinated bondholders.
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In June 2009, holders of Tier 1 and Tier 2 bonds in Allied Irish accepted a
new issue of lower Tier 2 debt as part of an exchange offer that saw investors
lose 33pc to 50pc of the face value of their investment. The latest threat of
"haircuts" has enraged holders, given the repeated assurances from Irish and
European authorities over the financial strength of Allied Irish.
Unlike Anglo Irish and Irish Nationwide, Allied Irish was subject to the
European bank stress tests. Allied Irish passed, but after last month's €85bn
(£72bn) bailout, it is expected to be almost completely nationalised, with
creditors set to take more of the pain.
"These investors are not bad guys, they are people that have already accepted
substantial reductions in their investments. The simple fact is the risk
return equation for many investors has now turned in favour of legal action,"
said the source.
Like previous investor action groups, one major point of law at stake will be
the legality of forcing haircuts on lower Tier 2 debt while still paying
coupons on senior debt. Under the terms of the subordinated debt, interest
payments on senior debt must have ceased before the subordinated debt can be
restructured.
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