Fight disinformation: Sign up for the free Mother Jones Daily newsletter and follow the news that matters.

A couple of days ago I asked why Goldman Sachs was paying back its TARP money even though it also had an outstanding $5 billion investment from Warren Buffett on far more onerous terms.  Why not pay Buffett back instead?  What’s more, why do a risky capital raising first?  If they’re really well capitalized already, why not just pay back the money immediately?

A reader appears to have the all-too-obvious answer: they can’t.  The terms of the TARP agreement say this about repurchasing shares other than the Senior Preferred shares issued by the Treasury:

The [Treasury’s] consent shall be required for any share repurchases […] until the third anniversary of the date of this investment unless prior to such third anniversary the Senior Preferred is redeemed in whole or the [Treasury] has transferred all of the Senior Preferred to third parties.

So until they pay back the TARP money, they can’t repurchase Buffett’s shares.  As for the capital raising, there’s this:

Senior Preferred may not be redeemed for a period of three years from the date of this investment, except with the proceeds from a Qualified Equity Offering (as defined below) which results in aggregate gross proceeds […] of not less than 25% of the issue price of the Senior Preferred.

Goldman got $10 billion in TARP money, and they weren’t allowed to pay it back unless they raised at least $2.5 billion first.  So that’s what they did.

Unless I’m missing something, this appears to answer all my questions.  Goldman paid back the TARP money first because they were required to, and they raised money before doing it because they had to do that too.  Mystery solved.

We've never been very good at being conservative.

And usually, that serves us well in doing the ambitious, hard-hitting journalism that you turn to Mother Jones for. But it also means we can't afford to come up short when it comes to scratching together the funds it takes to keep our team firing on all cylinders, and the truth is, we finished our budgeting cycle on June 30 about $100,000 short of our online goal.

This is no time to come up short. It's time to fight like hell, as our namesake would tell us to do, for a democracy where minority rule cannot impose an extreme agenda, where facts matter, and where accountability has a chance at the polls and in the press. If you value our reporting and you can right now, please help us dig out of the $100,000 hole we're starting our new budgeting cycle in with an always-needed and always-appreciated donation today.

payment methods

We've never been very good at being conservative.

And usually, that serves us well in doing the ambitious, hard-hitting journalism that you turn to Mother Jones for. But it also means we can't afford to come up short when it comes to scratching together the funds it takes to keep our team firing on all cylinders, and the truth is, we finished our budgeting cycle on June 30 about $100,000 short of our online goal.

This is no time to come up short. It's time to fight like hell, as our namesake would tell us to do, for a democracy where minority rule cannot impose an extreme agenda, where facts matter, and where accountability has a chance at the polls and in the press. If you value our reporting and you can right now, please help us dig out of the $100,000 hole we're starting our new budgeting cycle in with an always-needed and always-appreciated donation today.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate