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Ad hoc committee

Capital Markets

An informal group of holders of the same debt that organises, appoints advisers at the company's expense, and negotiates as a bloc.

Also written: ad hoc group, coordinating committee, creditor committee

A dispersed creditor group cannot negotiate. An ad hoc committee is how holders of the same instrument solve that: they organise informally, appoint their own legal and financial advisers, and negotiate as one counterparty. The company almost always agrees to pay those advisers, because a creditor group without advisers cannot approve anything.

Membership carries a trade off around information. A member that wants to see the company's confidential plan signs a non disclosure agreement and goes restricted, meaning it cannot trade the paper until the information is released. Funds whose business is trading often refuse, so a group commonly splits into a restricted core that negotiates and a public wing that does not, with the information cleansed at the end so everyone can trade again.

Members also sign co operation agreements with each other, undertaking not to cut a side deal with the company. That is a direct response to transactions in which a majority group is invited into new money on better terms and the rest of the lenders are left behind.

It is not a statutory body and it does not represent the class. It represents its members, and a committee holding a small fraction of a class has organisation without leverage. What gives a committee power is the proportion of the class its members hold, measured against the majority the process requires.

Worked example

Holders of 60% of a note issue form a committee and the company agrees to pay its advisers, illustratively.

Half of them sign a non disclosure agreement and go restricted so they can see the plan; the rest stay public and keep trading.

The members sign a co operation agreement, so the company cannot buy off one fund with a better offer than the others receive.

Taught in context in Restructuring and Distressed SituationsSee the three modules that are free to read

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