Over the past twenty years, leveraged loans and high yield bonds have converged into similar instruments, sparking a debate as to whether leveraged loans should be regulated as securities like high yield bonds. This Note recognizes problems with the current regulatory framework for leveraged loans and shows that leveraged loans are not securities and should not be regulated as such. Instead of regulating leveraged loans as securities, which would likely be more costly than beneficial and contrary to the SEC’s mission statement, the SEC should promulgate a uniform definition of a leveraged loan. This solution would alleviate problems such as regulatory arbitrage and the opaqueness of the market while avoiding the costs associated with securities regulation. This Note concludes by offering a definition of a leveraged loan to provide a model for the SEC if it decides to adopt this solution.
Zachary L. Pechter,
The Case for a Uniform Definition of a Leveraged Loan,
43 Fla. St. U. L. Rev.