During 2020, a record $270 billion in green bonds were issued, and green bond issuance is on pace to surpass that record this year. And while we discussed covenants and the ability of bondholders to undertake legal action against the bond issuer for violating these covenants, as a recent article in the Wall Street Journal highlights, green bond investors have little to no recourse if the bond issuer does not use the bond proceeds for green projects. Even the definition of a green bond is somewhat nebulous. For example, Luxembourg packaging manufacturer Ardagh issued $2.8 billion of green bonds to fund the partial merger of its metal can unit. The green component of the bond? Ardagh committed to using an equivalent amount of the bond issue to purchase more recycled materials and increase energy efficiency. The bond was certified green by a leading independent agency.
