Credit Default Swaps and Lender Moral Hazard∗ Indraneel Chakraborty Sudheer Chava Rohan Ganduri November 19, 2014 Preliminary and Incomplete. Please do not circulate ∗Indraneel Chakraborty: Cox School of Business, Southern Methodist University, Dallas, TX 75275. Email:
[email protected]. Phone: (214) 768-1082 Fax: (214) 768-4099. Sudheer Chava: Scheller College of Business, Georgia Institute of Technology, Atlanta, GA 30308. Email:
[email protected]. Phone: (404) 894-4371. Rohan Ganduri: Scheller College of Business, Georgia Institute of Technology, Atlanta, GA 30308. Email:
[email protected]. Phone: (404) 385-5109. Abstract We analyze whether introduction of Credit Default Swaps (CDSs) on borrowers' debt misaligns incentives between banks and borrowers in the private debt market. In contrast to predictions of an empty creditor problem, after a covenant violation, CDS firms do not become distressed or go bankrupt at a higher rate than firms without CDS. But, consistent with lender moral hazard, CDS firms do not decrease their investment after a covenant violation, even those that are more prone to agency issues. In line with increased bargaining power of lenders, CDS firms pay a significantly higher spread on loans issued after covenant violations compared with non-CDS firms that violate covenants. These results are magnified when lenders have weaker incentives to monitor (higher purchase of credit derivatives, higher amount of securitization and higher non- interest income). Finally, consistent with our evidence of lender moral hazard, we document positive abnormal returns around bank loan announcements only for non- CDS firms, but not for CDS firms. JEL Code: G21, G31, G32.