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.