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WRAP: Warwick Research Archive Portal: No conditions. Results ordered -Date Deposited.

This chapter outlines the effects of non-assignment clauses (referred to in this chapter as 'bans on assignment' or 'BoAs') and the case that was made for overriding BoAs in receivables contracts. It compares the responses to the problem in other jurisdictions and asks why the Business Contract Terms (Assignment of Receivables) Regulations 2018 (SI 2018/1254) ('the 2018 Regulations' or 'the Regulations') are so complicated and contain so many 'carve-outs' compared to legislation elsewhere. It speculates on the role of the City lawyers, both in 'signing off' deals and in law reform.

The lecture outlines how Lando's thinking progressed, beginning with Private International Law and moving through the harmonization of European Law to, in the later part of his career, the idea of a Global Code. It considers the extent and form of harmonization that has taken place to date, and then the changes that are taking place in transnational contracting and their implications for both the substance and the form of any future harmonizing measures. The lecture concludes by exploring a possible way forward for overcoming differences between the laws for business-to-business contracts, involving an 'optional' soft law approach under which traders would voluntarily agree to be bound by the chosen soft law principles.

This thesis consists of three essays on bank capital structure and risk taking.
Chapter 1 theoretically investigates why non-dilutive CoCos are prevalent, even though advocates of CoCos suggest such securities should be dilutive to reduce bank risk-taking. In an agency model with two subsequent moral hazards, we show that while dilutive CoCos deter ex-ante risk-taking and prevent a bank from being undercapitalized, penalizing existing shareholders with dilution when the bank is already undercapitalized leads to risk shifting. CoCos' designs and risk implications depend on banks' equity capitalization, with non-dilutive CoCos particularly attractive to capital-constrained banks, because such securities can maximize the banks' financing capacity by tackling only the ex-post risk shifting.
Chapter 2 empirically documents how banks' risk appetite is affected by nondilutive CoCos. This chapter tracks the lending behaviour of G-SIBs after their first CoCo issuance. Regarding the pricing of syndicated loans, we find CoCo issuers on average charge a higher spread, controlling for borrower, bank and loan specific factors. Importantly, compared to undercapitalized CoCo issuers, well-capitalized issuers ask for lower spreads, implying a greater risk appetite. Additionally, there is no evidence suggesting banks intend to replace common equity with AT1 CoCo for lower financing costs. Demandable deposits commit banks to provide liquidity to retail investors when needed. Such a commitment rewards banks with higher financing capacity at risk of greater exposure to liquidity risk.
In Chapter 3, we develop a dynamic capital structure model in which the depositors concerns about banks' commitment problem to repayment and to future debt policy. We find banks have less incentive to cut leverage and set a higher long-term target when the withdrawal rate is low. We highlight that high withdrawal rates create a trade-off between excessive borrowing and insolvency risk.

We leverage recent advancements in machine learning to develop an integrated method to solve globally and estimate models featuring agent heterogeneity, nonlinear constraints, and aggregate uncertainty. Using simulated data, we show that the proposed method accurately estimates the parameters of a nonlinear Heterogeneous Agent New Keynesian (HANK) model with a zero lower bound (ZLB) constraint. We further apply our method to estimate this HANK model using U.S. data. In the estimated model, the interaction between the ZLB constraint and idiosyncratic income risks emerges as a key source of aggregate output volatility.

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