Credit Suisse in $4.5 Billion “Bail In” Debt Offering

Cleary Gottlieb represented Credit Suisse Group AG in the offering of $2 billion 4.550% senior notes due 2026, $1.5 billion 3.450% senior notes due 2021 and $1 billion floating rate senior notes due 2021, for an aggregate amount of $4.5 billion by Credit Suisse Group Funding (Guernsey) Limited. The securities are expected to qualify as “Total Loss Absorbing Capital” under the rules being developed by the Financial Stability Board in consultation with the Basel Committee on Banking Supervision for application to global systemically important banks such as Credit Suisse.  The securities, which include an acknowledgement and consent by the holders to the Swiss regulator’s ability to exercise its resolution powers (including the possible write-down, cancellation or conversion into equity of the entire principal amount and/or accrued interest), have been issued by a finance subsidiary and are guaranteed by CSG, the group holding company.

This is the fifth issuance of “bail in” securities by Credit Suisse following their successful $4 billion debut offering in March 2015, making it the first Swiss bank to issue similar securities. Cleary Gottlieb also acted as issuer’s counsel for their subsequent $2 billion issuances in May, September and December 2015. With this offering, Cleary Gottlieb has represented Credit Suisse in the issuance of “bail in” securities for a total aggregate amount of $14.5 billion.

The notes were sold in a Rule 144A / Regulation S offering with registration rights. The offering launched and priced on April 13, 2016 and closed on April 18, 2016.

As one of the world’s leading financial services providers, CSG is committed to delivering its combined financial experience and expertise to corporate, institutional and government clients, ultra-high-net-worth and high-net-worth individuals worldwide, as well as affluent and retail clients in Switzerland. Founded in 1856, today CSG has a global reach with operations in over 50 countries.