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Trust Indentures and Indenture Trustees

ABA Section of Business Law


Trust Indentures and Indenture Trustees

Mission Statement

This Committee considers issues relating to debt issued pursuant to indentures and to institutions that act as trustee under the indentures. Its scope includes all forms of debt and indentures including corporate and municipal debt and secured and unsecured debt extending from simple structures to complex securitizations. Committee members are involved in activities from structuring and origination of transactions through default and bankruptcy. Section of Business Law Spring Meeting programs usually focus on documentation of transactions, while the National Conference of Bankruptcy Judges programs focus on default and bankruptcy. The Committee assisted in drafting the Revised Model Simplified Indenture and Commentary, 53 Bus. Law. 1115 (2000) and published Model Negotiated Covenants and Related Definitions in The Business Lawyer, Volume 61, No. 4, August 2006. The Committee is preparing to publish an annotated version of the Trust Indenture Act, as amended, which will collect relevant cases and commentary. Ultimately, the committee will publish the Revised Model Simplified Indenture and Model Negotiated Covenants in a stand alone volume that will include the annotated Trust Indenture Act.

Projects

Substantial progess has been made on our Annotated Trust Indenture Act project. The projest is expected to be completed Spring 2009.

We are developing a sub-committee for our next project, an updated Model Simplified Indenture. To the extent youare interested in participating, please contact me.

2009 Spring Meeting

The Spring Meeting will be held April 16-18, 2009 in Vancouver, British Columbia. This promises to be an exciting meeting, focusing on cross border issues. Our Committee is sponsoring a program entitled "The Anglo-American Indenture - Comparative Cross-Border Covenant Enforcement and Bond Defaults" on Thursday, April 16th at 10:30 am. Our Committee will hold its annual administrative meeting Saturday, April 18th at 9:00am.
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Subcommittees and Task Forces  (click [+] for listing)

 Sub Committees
 Others

Recent Articles on Corporate Trust Matters

Thanks to our Vice Chair Harold Kaplan, there are several updates in the corporate trust area that may be of interest to our membership. Harold has authored and/or co-authored (i) "Reading Indentures Strictly: The Rise of Delayed SEC Filing Defaults and Aggressive Bondholders," (ii) "Update on Trustee Litigation in the United Airlines Case:Lease Recharacterization and Construction/Reserve Funds" and (iii) "Strategic Considerations in Securing Payment of Indenture Trustee Fees and Expenses in Bankruptcy - An Update." A synopsis of each can be found below. For a copy of the full article, please contact Harold directly (Harold.Kaplan@dbr.com).

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Current Developments/Updates

In Re Bank of England Corp., W.L. 70418 (Bankr. D. Ma. 1/9/07). This case summary was contributed by James Gadsden, Carter Ledyard & Milburn LLP in New York, gadsden@clm.com
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Leadership

Chair:  Harold L Kaplan
Message From The Chair

Vice-Chair:  Cristeena Gilbert Naser

Committee Roster (322 total members)

Listserves
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Modified by Frank Hillis on August 18, 2009

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