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5 - Examining Indenture Trustee Duties

from Part I - Identifying Fiduciaries and Their Duties

Published online by Cambridge University Press:  20 August 2021

Arthur B. Laby
Affiliation:
Rutgers University School of Law
Jacob Hale Russell
Affiliation:
Rutgers University School of Law
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Summary

This Chapter examines the duties of indenture trustees appointed under bond indentures. Although their post-default duties generally are subject to a prudent-person standard, indenture trustees have relatively little legal guidance concerning pre-default duties. The rise of activist investors, however, is making it increasingly critical to identify and understand how to perform those duties. This Chapter seeks to provide that understanding.

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Publisher: Cambridge University Press
Print publication year: 2021

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