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Using a large sample of leveraged loans, we provide evidence that, despite having fewer creditor control rights, covenant-lite (Cov-Lite) loans have similar recovery rates and significantly lower spreads than loans with maintenance covenants. We find that the propensity to borrow Cov-Lite is related to various proxies for the reputational capital of a borrowing firm's private equity sponsor. We construct a simple model to illustrate the relationship between reputational capital, covenants, and loan spreads in the leveraged loan market. Our model illustrates how reputational capital can substitute for covenants in mitigating agency costs of debt, leading to lower loan spreads for Cov-Lite loans. [ABSTRACT FROM AUTHOR]

We study firms' decisions to withhold loan covenant details by focusing on a unique disclosure-related cost. Prior research documents the prevalence of tight initial covenants that are selectively relaxed in future renegotiations. This uncertainty in renegotiation outcomes can generate a disclosure-related cost because disclosing a snapshot of initial covenants with a high likelihood of violation could lead to harmful outsider reactions (e.g., trade credit cuts) to violations that may be eventually cured. We hypothesize and find that, when firms are likely to face tighter initial covenants and more renegotiations, they are more likely to withhold covenant details, particularly when under pressure from trade creditors. Our inference is robust to controlling for firms' obligation to disclose (i.e., contract materiality) and future performance. Prior research has found that the precise covenant details of many loans are not publicly available. We are the first to offer a systematic explanation related to disclosure costs. [ABSTRACT FROM AUTHOR]

The article analyzes the use of financial covenants in international syndicated lending transactions. From a borrower’s point of view, acceptable levels of financial covenants allow to realize the transaction with comfortable conditions for further fulfillment. For lenders, an acceptable level of financial covenants is important for obtaining internal credit approval for participation in the transaction and as a tool for monitoring the credit quality of a borrower when servicing a syndicated loan. The main financial covenants of syndicated loan transactions include restrictions on the following financial ratios of a borrower: net debt/EBITDA, net interest payments/EBITDA, and net debt/equity. Lenders monitor financial covenants through a compliance certificate that a borrower sends to the lending agent on a regular basis. One of the key roles in syndicated lending transactions is played by a loan agent, through whom communications between a borrower and lenders take place. If a borrower violates the financial covenants, the process of obtaining lenders’ consent to a one-time waiver (Waiver Request) or amendment of the loan agreement (Amendment Request) is initiated. The article discusses the main stages of these processes with an indication of the participants’ roles in these processes (borrower, loan agent, lenders, and legal counsel).

GAAP provisions in loan contracts specify how to address the effect of accounting changes on financial covenants. I document a pronounced upward trend in and the dominance of frozen‐on‐request (FOR) GAAP provisions, which incorporate accounting changes unless either the borrower or the lender requests a freeze. FOR GAAP streamlines the process of incorporating accounting changes into covenant calculations by obviating the need for renegotiations and prevents opportunistic GAAP freezes by requiring good faith renegotiations. Therefore, FOR GAAP is more likely to incorporate accounting changes beneficial to covenant informativeness, leading to lower false positives (i.e., Type I errors of financial covenant violations) and false negatives (i.e., Type II errors of financial covenant violations). Based on a large sample of loan contracts, I find that FOR GAAP decreases false positives and false negatives after controlling for self‐selection bias and that the decrease is more pronounced when accounting changes relevant to financial covenants are more significant. My study provides new evidence of the role accounting standards and GAAP provisions play in debt contracting efficiency. [ABSTRACT FROM AUTHOR]

We examine how firms' contractual relationships with their employees affect the design of their debt contracts, and the use of financial covenants in particular. Viewing the firm as the nexus of both explicit and implicit contractual relationships, we argue that managers cater to their employees' preferences when negotiating contractual terms with creditors. We argue that an increase in unemployment-insurance benefits reduces employees' cost of job loss, which, in turn, allows managers to take more risk. First, we show that more generous benefits are associated with a higher operating leverage, operating cash flow volatility, and product-development frequency. We then find that loans initiated following an increase in unemployment-insurance benefits include a higher proportion of performance, rather than capital covenants. Overall, our study demonstrates how the design of debt contracts changes in response to arguably exogenous changes in employees' collective tolerance—and, in turn, managers' preferences—for risk. JEL Classifications: M41; G32; J60. [ABSTRACT FROM AUTHOR]

We provide evidence that lenders with lower regulatory capital issue loans with lower financial covenant strictness, consistent with such lenders viewing borrower covenant violations as costlier. This is because a borrower covenant violation may lead the lender to downgrade the loan, which triggers accounting that further reduces regulatory capital. Because of regulatory scrutiny, this is true even if the lender waives the violation. We find that this association is concentrated in performance covenants rather than capital covenants. We also find that lenders with relatively low capital issue loans with lower amounts and shorter maturities, consistent with such lenders replacing covenant protection with stricter loan terms on other dimensions. Finally, we find that this form of lender capital management extends to loan syndicate participant lenders, in that participants with relatively low capital adequacy take smaller loan shares when the lead arranger sets high covenant strictness. Data Availability: Data are available from the public sources cited in the text. JEL Classifications: G21; M40; M41. [ABSTRACT FROM AUTHOR]

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In this study, we replicate and extend the Dichev and Skinner [DS: 2002] study on the debt covenant hypothesis (DCH). We start by replicating DS and find results consistent with theirs. We then extend their work by changing three aspects of the research design: histogram bin width, calculation of slack, and statistical test of discontinuity. We find that the inference from DS is generally robust to varying these choices, although sensitive to different bin widths, during their sample period. We extend our analysis to the period 2000–2019 and find that support for DCH remains robust. We do, however, find a lack of support for DCH when examining the most common financial covenant, debt‐to‐EBITDA. These findings suggest a more nuanced perspective on DCH, whereby different types of financial covenants provide different incentives and abilities to avoid technical default. [ABSTRACT FROM AUTHOR]

Copyright of Contemporary Accounting Research is the property of Canadian Academic Accounting Association and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Contemporary Accounting Research is the property of Canadian Academic Accounting Association and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

We examine whether lenders use analyst forecasts of the borrower's earnings as inputs when establishing covenant thresholds in private debt contracts. We find that, among debt contracts that include an earnings covenant, earnings thresholds are set closer to analyst forecasts when analysts have historically issued more accurate earnings forecasts. These results are robust to firm fixed effects and an instrumental variable approach. Further, we find that, following a plausibly exogenous decline in the availability of analyst earnings forecasts, debt contracts are less likely to include earnings covenants. Our evidence is consistent with lenders using analyst earnings forecasts as an input when establishing debt covenant thresholds and suggests sell-side analysts play a role in debt contracting. [ABSTRACT FROM AUTHOR]

I empirically test whether firms engage in risk-shifting. Contrary to what risk-shifting theory predicts, I find that firms reduce investment risk when they approach financial distress. To identify the effect of distress on risk-taking, I use a natural experiment with exogenous changes to leverage. Risk reduction is most prevalent among firms that have shorter maturity debt, bank debt, and tighter bank loan financial covenants. These findings suggest that debt composition and financial covenants serve as important mechanisms to mitigate debt-equity agency conflicts, such as risk-shifting, that are not explicitly contracted on. [ABSTRACT FROM AUTHOR]

While the debt-contracting literature has extensively examined financial covenants, there has been little attention paid to audit-related covenants. We focus on a covenant that restricts the borrower from receiving a going-concern audit report ( GCAR covenant). We hypothesize that a debt agreement is more likely to include a GCAR covenant as the borrower's credit quality decreases and the length of the loan period increases, and that it is more likely to impose a covenant restricting the choice of auditor when the debt includes a GCAR covenant. Also, we expect that an audit client with a GCAR covenant will be charged a higher audit fee and is more likely to receive a going-concern audit report. We test these hypotheses on a sample of firms that issue private debt. Our results generally support our hypotheses. Our study suggests that lenders rely on the auditor's assessment in contracting, and audit-related covenants influence auditor behavior. [ABSTRACT FROM AUTHOR]

I provide a revealed-preference-based framework that uses covenant prices and choices to quantitatively study how covenants generate firm benefits by completing debt contracts. I use a rational-expectations-based panel estimator of covenant prices, which does not require quasi-experimental variation, to circumvent the problem of endogenous covenant choices. I find that firms' surpluses exceed the spread paid on a loan. Leverage and interest-rate covenants produce the largest benefits, lending quantitative credence to several standard theories of covenants. Once covenants are chosen, the benefits from fine-tuning them are small, thus rationalizing “boilerplate” covenants. I conclude by discussing the extensions and limitations of my method. [ABSTRACT FROM PUBLISHER]

Purpose – This study aims to identify the relationship between the use of financial covenants and the cost of borrowing via bonds issued by firms in Brazil. Design/methodology/approach – The sample comprised 269 bond series issued by 106 publicly-listed companies from 2010 to 2016. Covenants were sampled manually from the indentures and prospectuses of these issues. A distinction was made between covenants that must be fulfilled by the firm issuing the debt and those that create obligations for another firm that has a secondary liability to the issuer’s creditors. A linear regression model was constructed to test the relationships between these covenants and the spreads paid on the bonds. Findings – The results indicate that covenants that must be observed by the issuer are used as a complementary mechanism to the risk premium charged by creditors. In turn, covenants that bind guarantors constitute a mechanism to substitute the risk premium, reducing the spread. These findings show that financial covenants play a double role in bond issues in Brazil and that the role varies depending on the firm that is responsible for complying with the covenant. Originality/value – This paper contributes to the literature by showing that the effect of financial covenants on the cost of debt varies as a function of which firm must fulfill the covenant. It therefore demonstrates that it is essential to control for the responsibility to fulfill covenants when measuring their effect on the cost of debt.

Copyright of Revista de Contabilidade e Organizações is the property of Revista de Contabilidade e Organizacoes and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Purpose - Analysis of the debt potential of real estate companies and answering the question how restrictive the covenants in question are and which factors influence their restrictiveness. Design/methodology/approach - Verification of the correlation between Headroom Ratio and variables describing the issuer's financial situation, type of activity and number of covenants. The study covered also the determination of types of issuers that have the highest average and median of Headroom Ratio as well as in relation to companies with the same covenants it was checked the association between the threshold values and the financial performance. Finally, there was carried out the simulation of usage of ratios typical for corporate financing as covenants and confronting the Headroom Ratios with ones resulting from the currently binding covenants. Findings - Headroom for the analysed bond issue programmes is very high. The Headroom Ratio is neither statistically correlated with the financial performance of issuer nor type of activity. Research limitations - Bond issuers under review do not have external ratings, which made it impossible to investigate the relationship between Headroom Ratio and rating Research implications The findings are particularly important for the development of the residential and commercial real estate market. The conclusions of the research can be used in the process of structuring the terms and conditions of corporate bond issues. They are also important and new information about leverage potential and risk monitoring capabilities. [ABSTRACT FROM AUTHOR]

This article is about leveraged loans. It provides a general description of LMA documentation with a focus on financial covenants, including trends towards covenant-loose and covenant-lite structures. Further, the activity of alternative lenders and the use of unitranche financing is discussed. While this provides opportunities to lenders and borrowers, financial regulators have also expressed concerns about potential financial stability risks. In this respect, the author will address recent publications from the ECB and FSB. [ABSTRACT FROM AUTHOR]

We examine whether debt covenant violations serve as an important determinant of material weaknesses in internal control over financial reporting. Motivated by the debt covenant hypothesis, we posit that the probability of ineffective internal control is expected to be significantly higher for firms with debt covenant violations than for firms without the violations. Equivalently, a covenant violation implies an increasingly unseen firm risk related to internal control ineffectiveness: violating firms can previously select inappropriate but undetected accounting techniques more extensively to delay the current covenant violation or exploit opportunistic accounting methods to prevent further debt covenant violations. Consistent with this notion, our empirical evidence indicates that firms violating debt covenants are more likely to have internal control weaknesses. We also uncover that the positive association between the violations and internal control weaknesses is more pronounced for firms that fail to remediate violations by fiscal year-end. Further, the connection between debt covenant violations and ineffective internal control intensifies with the severity of internal control problems. Our results are robust to a variety of controls, alternative measures, different disclosure regimes, and propensity score matching approach. Overall, our results suggest that debt covenant violations can serve as a risk factor of internal control breakdown. [ABSTRACT FROM AUTHOR]

Copyright of Advances in Scientific & Applied Accounting is the property of Associacao Nacional de Programas de Pos-graduacao em Ciencias Contabeis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article addresses the issue of conditions that the borrower is obliged to fulfill during the crediting process. These terms, the so-called covenants are built into credit agreements and are aimed at limiting banks' risk when financing business entities. However, at the same time, covenants constitute conditions limiting the scope of use of bank loans. Covenants are very diverse. The principle hypothesis of the study assumes that the covenants differ according to the type of credit and the characteristic of the industry and the financial situation of the enterprise. In order to examine the hypothesis, an analysis of 25 credit agreements in three corporations and their subsidiaries was undertaken. These entities belong to fuel, mining and metallurgical sectors. At the same time, we observe the extent to which these covenants were kept during four quarters of 2016 and two quarters of 2017. Due to the confidentiality of the data contained in the loan agreements, the names of groups and their companies were kept confidential at the request of their management. Studies have also shown that abiding by non-financial covenants has been more difficult than abiding by financial covenants. In covenants, several contracts stipulated that a company cannot freely dispose fixed assets, restructure them or use leased assets which hinders the use of those asset to repay debt. One major obstacle was the fact that the company could not undertake any additional business beyond the existing one. This hindered the diversification of companies' activities, which would improve their competitive position on the market. The author intends to conduct further research on covenants to highlight their flexible use and to increase the availability of bank loans to business entities. [ABSTRACT FROM AUTHOR]

I examine the tendency to repeatedly use the same financial covenant in debt contracts and the economic determinants of such repeated use. Using the Dealscan database, I find a tendency to repeatedly use the same financial covenant. I also find that this tendency becomes stronger when a lender has high search costs for an informative covenant or high negotiation costs. I further find that this tendency becomes weaker when a borrower has a high risk of default. My study provides evidence that the cost of writing a contract is economically meaningful and needs to be considered to avoid overstating the effect of accounting informativeness on covenant choice. [ABSTRACT FROM AUTHOR]

We find that the number of independent directors on corporate boards increases by approximately 24% following financial covenant violations in credit agreements. Most of these new directors have links to creditors. Firms that appoint new directors after violations are more likely to issue new equity, and to decrease payout, operational risk, and CEO cash compensation, than firms without such appointments. We conclude that a firm's board composition, governance, and policies are shaped by current and past credit agreements. [ABSTRACT FROM AUTHOR]

The opacity that underlines the substantive content and interpretation of pari passu clause in financial contracting requires more clarity to ensure predictability for the contracting parties relying on it to access fund in the financial markets. The re-awakening of the contextual and textual controversy that underpins the clause by the NML case has once again re-enacted the divergent positions, namely: the broad or payment interpretation and narrow or equal ranking obligation. Consequently, there is a need for more clarity on the substantive content of the pari passu clause so that contracting parties will not be prejudiced in the event of dispute. Effectively, parties can achieve this by clarifying ex ante the applicable meaning of the clause. The contracting parties may state in the financial contractual agreement that the applicable meaning of the clause is a broad or payment interpretation. Alternatively, the contracting parties may adopt narrow interpretation; or entirely exclude the application of the pari passu clause. Also, parties may need to incorporate collective action clause (CAC) to ensure that the collective decisions of the majority of lenders prevail over undue proclivity for holdouts of the minority. This will dispel the possibility of controversy ex post over rateable payment, while ensuring orderly debt restructuring. [ABSTRACT FROM AUTHOR]

ABSTRACT: We examine whether syndicated loans securitized through collateralized loan obligations (CLOs) have more standardized financial covenants. We proxy for the standardization of covenants using the textual similarity of their contractual definitions. We find that securitized loans are associated with higher covenant standardization than nonsecuritized institutional loans. In addition, we show that CLOs with more diverse or frequently rebalanced portfolios are more likely to purchase loans with standardized covenants, potentially because standardization alleviates information processing costs related to loan monitoring and screening. We also document that covenant standardization is associated with greater loan and CLO note rating agreement between credit rating agencies, further supporting the relation between lower information costs and covenant standardization. Overall, our study provides evidence that loan securitization is related to the design of standardized financial covenants. [ABSTRACT FROM AUTHOR]

Pension obligations constitute a critical issue for public finances and budgets. This is especially true for the European Union whose institutional mechanism aims to supervise Member States' spending through centralised budgetary rules based upon financial covenants. In this context, accounting methods of recognition and measurement of pension obligations become an integral and critical aspect of Europe's transnational budgetary and financial supervision. Drawing upon a comprehensive overview of pension management and regulation, this article aims to analyse the ongoing debate on accounting for pension obligations with a specific attention to the harmonization of European Public Sector Accounting Standards (EPSAS). While the European Commission has been favouring the 'indisputable reference' to the International Public Sector Accounting Standards (IPSAS), European Member States' practices and views remain inconsistent with the normative solution imposed by the IPSAS 25, which favours and facilitates Definite Contribution pension schemes. In this context, we do summarise the IPSAS position mimicking the IFRS, review the pension's accounting in national statistics and EPSAS debate, and provide some building blocks for a comprehensive model of accounting for pension obligations that admits and enables several viable modes of pension management. [ABSTRACT FROM AUTHOR]

ABSTRACT Using a sample of firms that disclose the realizations of earnings used for determining covenant compliance in loan contracts, we provide direct evidence on the informational properties of earnings used in the performance covenants included in debt contracts. We find that the earnings measure used in performance covenants does not exhibit asymmetric loss timeliness and has significantly greater cash flow predictive ability than GAAP measures of earnings. We suggest that these results reflect the idea that contracting parties design accounting rules for performance covenants to enhance their efficacy as 'tripwires.' [ABSTRACT FROM AUTHOR]

We investigate the role of audit verification in the resolution process following debt covenant violations. Using two sets of proxies for demand-audit fees and the independence and diligence of audit committees-we find evidence that covenant violations result in a demand for differentially higher levels of audit verification. Further analyses demonstrate the link between the increased demand for audit verification and the mechanisms designed to control agency costs in debt contracts. We document cross-sectional variations in the observed fee differential with respect to the level of reliance on financial covenants, the type of covenants violated, and waiver decisions. Moreover, we find that the observed audit fee increases are associated with more favorable movements in borrowing costs and the adoption of more conservative investment policies post violation. Our findings suggest that covenant violations increase the demand for audit services to help control contracting costs post violation. [ABSTRACT FROM AUTHOR]

This paper aims to identify the mechanisms through which intentional misstatements adversely affect firms by analyzing rating analysts' reaction to misstatements. In order to identify the mechanisms through which the misstatement affects firms' credit ratings, we analyze the content of rating reports. Rating analysts are concerned about seven different mechanisms. They are most concerned about misstatement-related violations of debt covenants that increase a firm's liquidity risk. We find that, subsequent to an intentional misstatement becoming publicly known, credit ratings of misreporting firms are adversely affected for up to seven years. The adverse impact of an intentional misstatement on a firm's credit rating is most pronounced in cases in which rating analysts mention concerns about misstatement-related violations of covenants. Our results suggest that these covenant violations are the most severe mechanism through which misstatements adversely affect firms' creditworthiness. [ABSTRACT FROM AUTHOR]

ABSTRACT This paper examines how performance measures are defined in major earnings-based financial covenants in loan contracts to shed light on the economic rationales underlying the contractual use of performance measures. I find an earnings-based covenant is typically based on a performance measure close to earnings before interest, tax, amortization, and depreciation expenses (EBITDA). However, my empirical analyses show that EBITDA is less useful in explaining credit risk than earnings before interest and tax expenses (EBIT) and even the bottom-line net income. Thus, measuring credit risk cannot fully explain the choice of accounting performance measures in earnings-based covenants. I conjecture that contracting parties choose an EBITDA-related measure, instead of a measure calculated after depreciation and amortization expenses (e.g., EBIT), to make the performance measure less sensitive to investment activities, which can be controlled through other contractual terms, such as a restriction on capital expenditure, and provide empirical evidence consistent with this conjecture. [ABSTRACT FROM AUTHOR]

ABSTRACT We examine how fair value accounting affects debt contract design, specifically the use and definition of financial covenants in private loan contracts. Using SFAS 159 adoption as our setting, we find that a small but significant proportion of loans (14.5%) modify covenant definitions to exclude the effects of SFAS 159 fair values. Only a limited number of these modifications exclude assets elected at fair value (less than 7%), while all exclude liabilities elected at fair value. Notably, we document that covenant definition modification is unassociated with ex ante fair value elections. We find that covenant definition modification positively varies with common incentive problems attributed to fair value accounting and negatively varies with benefits attributed to fair value accounting. Our results suggest that fair value accounting is not uniformly detrimental for debt contracting and fair value adjustments are included when they are most likely to improve performance measurement. [ABSTRACT FROM AUTHOR]

Financial covenants are promises by a borrower or lessee to achieve or maintain specific financial targets, often expressed as ratios, such as net worth or total debt levels, or cash low debt coverage ratios. A survey of banks, independents, and middle-market companies examines whether, in the wake of the Great Recession, financial covenants have become commonplace in equipment finance documentation. [ABSTRACT FROM AUTHOR]

In contrast to what is known about accounting covenants in private debt, little empirical evidence on the role of accounting covenants in public debt exists. Diffuse ownership, arm's length monitoring, and collective action problems are unique to the public debt setting and raise the question of whether these covenants serve their intended role. As such, this study investigates whether including covenants reliant upon accounting inputs influences borrowers' actions to prevent adverse credit events. Accounting covenants in the public debt setting provide firms with a disciplining mechanism to renegotiate ahead of costly technical default - a stark contrast to the ex-post renegotiation 'trip wire' role covenants play in private debt. In particular, the results show that including accounting covenants in public debt is associated with an increased probability of ex-ante renegotiation, that is, negotiation through consent solicitations ahead of covenant violation. This ex-ante renegotiation, in turn, is associated with decreased adverse credit events. Cross-sectional results support these findings as the ex-ante renegotiation role of accounting covenants varies with bondholders' and trustees' monitoring ability. [ABSTRACT FROM AUTHOR]

This study examines the effects of the mandatory adoption of International Financial Reporting Standards (IFRS) on the contract terms of bank loans in a global setting. Using a difference-in-differences design based on 26,474 bank loans in 31 countries during the 2000-2011 period, we find that borrowers who mandatorily adopt IFRS experience an increase in interest rates, a reduction in the use of accounting-based financial covenants, an increase in the likelihood that a loan is collateralized, a reduction in loan maturity, and an increase in the fraction of a loan retained by lead arrangers. These findings are robust to the removal of the 2008 financial crisis fromour analysis, as well as to the matching of IFRS and non-IFRS borrowers on various country- and firm-level characteristics. Furthermore,we find that these changes are more pronounced for borrowers with greater financial reporting changes, as well as those with poorer accounting quality after IFRS adoption. [ABSTRACT FROM AUTHOR]

An essay is presented on religious ethics including Christianity, Jewish and Muslim. It offers a history on the culture American covenant in the medical school within the power of the idea of financial contract. It highlights the structure of the contracts including a nation founded on fear will allow runaway fear, nation with a contract has no way to enforce limits and contractualist theory postulates the ownership of self.

The article reports on the issues of personal covenant repayment of loan advance and consolidation of loan documents under an all-moneys mortgage which both agitate indefeasibility in Australia. It mentions the significance of the first issue in forged mortgage cases that allows a mortgagee to pursue a mortgager and request deficit between land value on sale and debt under the loan agreement. The second on the other hand involves reliance placed on a collateral loan agreement.

The public debt contracts surveyed in Whittred and Zimmer (1986) and Stokes and Tay (1988) were issued between 1962 and 1985, and there has been significant macroeconomic, institutional and regulatory change since that time. We analyse a sample of 36 recently issued Australian public debt contracts and document a considerable change in the ‘package’ of financial covenants used in public debt contracts. The covenant package is now less restrictive and the types of covenants used are more heterogenous. We also survey a sample of 41 recent Australian private debt contracts. These contracts contain a greater number, variety and, collectively, more restrictive set of financial covenants than those public debt contracts we survey, supporting theory which suggests that covenant restrictive and renegotiation–flexible contracts are more suited to borrowers contracting with financial intermediaries in private debt markets. We also note differences in accounting rules associated with financial covenants used in these private debt contracts. [ABSTRACT FROM AUTHOR]