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As global markets toppled during the 2008 financial crisis, the
Canadian market for non-bank asset-backed commercial paper (ABCP)
seemed on the verge of collapsing. Fueled by a top rating from
DBRS, ABCP had found its way into the portfolios of some of
Canada's most sophisticated investors as well as vulnerable retail
investors who didn't know what they were holding. The failure of
the $32 billion market could have tipped Canadian and foreign
credit default swap markets into chaos if it weren't for the swift
actions of a few powerful asset holders. Collectively, through the
Montreal Accord and led by veteran Canadian lawyer Purdy Crawford,
they managed to hold the Canadian ABCP market back from the brink
of collapse by crafting a complex and innovative solution. Back
from the Brink goes behind the scenes of the ABCP crisis to examine
how a solution was reached and lessons learned that could prevent
or mitigate future crises. The authors also examine the imaginative
use of the Companies' Creditors Arrangement Act and describe the
roles played by the banks, the major investors, rating agencies,
and the financial regulators in the crisis's origins and
conclusions. Back from the Brink holds important lessons for anyone
interested in Canadian law, the future of complex investments, and
Canada's capital markets.
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