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Comment On COP Debt

COPs are debt issued by municipalities that circumvent the voter referendum process. If the "project' that is being financed with the bond proceeds does not generate enough revenue to service the debt, the municipality has to ask its "legislature" to budget the debt service requirement. The projects can range from building new schools, jails, museums, leaseback of government office buildings, or performing arts centers, as examples. COPs are considered to be a moral obligation of the issuer. Legally they could opt not to make the necessary debt service payments and not be in violation of any bond covenants. COPs should be unlimited tax general obligation debt. COP debt is normally rated either one or two notches below its G.O. debt rating. A strong argument can be made that if a municipality decided not to budget for this type of debt service, even though they are legally entitled to make this decision, the bond market would punish them rather severely if this decision was made. It is normal for a municipality to include COP debt service in their budgetary process in the current environment. Will "entitlement reform" at the State and local government change this budgetary practice? If the answer is "yes" and State and local governments opt not to budget for their COP debt service, I would expect the credit rating agencies to take a punitive view of this action with corresponding credit rating downgrades. The municipal bond market cannot tolerate a massive downgrade in perceived credit quality at this juncture of budget reform taking place across the 50 states.

Have there been COP defaults in recent history?

To the best of my knowledge, none that carried a rating of A or high at time of issuance. Even the Vallejo County Calif COPs have been current on their COP interest payments, according to a recent report published in Bond Buyer newspaper. 

There are 5 school districts in Wisconsin that are arguing whether or not to continue their debt service payments on some COP debt, based on potential criminal activity on who and how these bonds were issued. This is a small test but a very important test of the resolve and attention credit rating agencies will take on COP debt under special situations.

March 25, 2011

PDR Advisors, LLC          2101 Sardis Road North Suite 115          Charlotte, NC  28227

          
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