Some Eurobond investors impacted by Domestic Debt Exchange Programme (DDEP) have initiated legal action against some commercial banks in Ghana over the role they played in restructuring their bonds.
Some of the lawyers of the investors, JOYBUSINESS understand, have officially written to the banks, to tell them of their intention to sue them, for losses incurred as a result of the restructuring and the subsequent hair cut suffered by their investments.
The investors argued that they took the decision to invest based on the trust they had in the commercial banks.
Some of the bondholders initiating the action did not sign up to participate in the Domestic Debt Exchange Programme.
JOYBUSINESS is learning that some of the actions taken by the investors have been influenced by the losses realized after their investments crystalized.
Background
Government in September 2024 launched the Debt Exchange Programme for Eurobond holders to restrict papers worth 13 billion dollars by inviting bond holders to swap their old bonds for new ones.
The offer, which begun on September 5, 2024 saw bondholders having up until September 30, 2024 to fully accept the offer from government.
The investors, who subscribed before, September 20, 2024 will be eligible for a 1 percent consent fee.
“The Eurobond exchange was designed with fairness in mind, reflecting agreements made with bondholder representatives on June 24, 2024.
The process involved two main investor options: the PAR Option, which had no nominal haircut but a lower interest rate of 1.5%, and the DISCO Option, which carried a 37% nominal haircut but offered higher interest rates between 5% and 6%”.
According to government, Ghana was able to save about 5 billion dollars and 4.3 billion dollars in debt service.
Ghana Association Banks response
Speaking to JOYBUSINESS the Chief Executive Ghana Association of Banks, John Awuah described the action as surprising.
“We are indeed aware about the threat to sue, while some have also initiated the process of taking legal action against some of our members (banks)”
Mr. Awuah explained that the banks only acted as agents for government for distribution purposes, of the Eurobond Issuance and therefore finds the action very interesting.
“The bonds came with clear prospectus which included collective action clauses”, he said.
He noted that the current regulations that cover the investments clearly state that the commercial banks cannot be held liable, when the principle (Government) fails to deliver or there is challenge.
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